POINT BY POINT SUMMARY
by Rabbi Ephraim Becker
Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous dafBeitzah 8
BEITZAH 6-10 - Ari Kornfeld has generously sponsored the Dafyomi
publications for these Dafim, for the benefit of Klal Yisrael
1) BEIS HILLEL'S CONCESSION REGARDING KISUI HADAM
(a) (R. Zerika citing R. Yehudah) Beis Hillel only permits
the use of earth which had been dug (Deker Na'utz) from
before YomTov (and only needs to be lifted out), but
not that the Aseh of Kisui overrides the Lav of YomTov.
2) THE ASHES OF A KIRAH ARE CONSIDERED MUCHAN
(b) Question: But he needs to crumble the dirt (Meleches
(c) Answer (R. Chiya b. Ashi citing Rav): The earth was
already soft, not needing to be pulverized.
(d) Question: But he is making a crevice (Guma, which is
(e) Answer: As R. Aba taught that making a Guma where he
does not need one is Patur (it is Kilkul, not Tikun).
(a) Question: How does this statement relate to the
discussion of the Mishnah!?
(b) Answer (Rabah): The Tana is raising the new matter,
that the ashes of a Kirah are not Muktzeh.
1. (R. Yehudah citing Rav) Only ashes made before
YomTov are not Muktzeh.
2. New ashes are also permitted if they are still hot
enough to harden an egg and they may be used for
Kisui HaDam (for which they were not designated).
3. This is supported by a Beraisa, which adds that a
mound of earth intended for later spreading (as a
flooring) is also considered Muchan for Kisui.
4. (R. Yehudah) Even a small undesignated mound may
be used for anything, including Kisui.
5. (Mar Zutra citing the elder) This is provided that
he designated its place.
6. Question: But the Mishnah must not subscribe to R.
Yehudah's permission, since it does not permit
Kisui on a Koy.
i. Question: If that bothers you, then ask why
the Mishnah does not allow Kirah ashes or a
7. Answer: Here, too, he does not have a mound!
ii. Answer: Clearly, we are speaking where he
does not have any dirt available.
8. Question: Then why does the Mishnah speak of a Koy
(whose Kisui is a Safek) if its Din could be
taught by a Chayah (which is a Vadai)!?
9. Answer: The Tana is teaching the form of a "not
i. A Chayah must not be slaughtered if dirt is
ii. Even a Koy, whose Kisui is only a Safek (and
might be permitted owing to Simchas YomTov),
must not be slaughtered on YomTov.
3) ASEH DOCHEH LO SA'ASEH
10. Question: But the Seifah (by telling us that he
must not do Kisui on the blood of a Koy) implies
that he *had* a way of doing Kisui, then why *not*
do the Kisui!?
(c) Answer (Rabah): The Mishnah is teaching us that the
ashes of a Kirah are Muchan for Kisui Vadai, not for
Kisui Safek (and the Tana therefore speaks of Koy).
1. Question: Why should a person (who expects to use
his earth for any purpose) not be able to use it
for Dam Safek!?
2. Answer: Since he is making a Guma.
3. Question: But that is true by a Vadai, as well!?
4. Answer: There is no Isur of Guma (like R. Aba,
5. Question: Then Koy should also be permitted!?
6. Answer: We are afraid by the Koy that he will
7. Question: That should prohibit a Vadai, as well!?
8. Answer: There is less reason to prohibit a Vadai.
i. Most times the dirt does not need to be
ii. Even if it is broken, the Aseh of Kisui
overrides the Lav of YomTov (which would not
hold if the Aseh is a Safek as by Koy).
(a) Question: But Aseh is only Docheh Lo Sa'aseh when it is
b'Idna (he performs the Mitzvah when he violates the
Lav) whereas he breaks the clump of dirt before the
4) HACHANAH FOR A SAFEK
(b) Answer: The Mishnah is speaking where he breaks it
simultaneous with the Kisui.
(c) Question: But YomTov (which is both a Lav and an Aseh)
should not be overridden by an Aseh!?
(a) Answer (Rava): Chazal were not concerned (when
prohibiting Kisui on the Koy) over Kesishah, but they
understood that a person only did Hachanah for a Vadai.
5) ALTERNATE EXPLANATION FOR THE ISUR OF KISUI DAM KOY
(b) Rava is consistent with his position regarding the
limitations of designation.
1. He taught that earth which was designated for an
event which might not occur (a Safek, such as
Kisui Tzo'a) may be used for Shechitah, whereas
earth designated for a Vadai (such as Shechitah)
may not be used for the Safek use.
(c) In Eretz Yisrael they argued whether a Koy is equated
with Tzo'a, or if Koy is more certain a need than Tzo'a
(and thus earth designated for Tzo'a could not be used
for Kisui Dam Koy).
2. Naharblai taught that if the occurrence of the
Safek is nearly certain, then the designation for
one applies to the other.
(d) We may prove from the above citation that Rava holds
that Koy is doubtful and equivalent to Tzo'a.
(a) (Rami b.R. Yava) We do not permit Kisui Dam Koy on
YomTov lest people come to permit its Chelev (like that
of a Chayah).
6) OTHER INSTANCES OF PROHIBITED KISUI
(b) Question: That should then apply every day, as well!?
(c) Answer: Sprinkling earth on the Dam during Chol could
be interpreted as for cleaning up, not for Kisui.
(d) Question: Then what would be the Din if one slaughtered
a Koy during Chol in a place where the sprinkling could
not be interpreted as cleaning up (as in a trash heap)?
(e) Additional Question: Why do we instruct the Shochet to
cover the Dam Koy after the Shechitah, given our
concern that we might come to permit its Chelev!?
(f) Answer: Rather, during Chol people will understand that
Chazal were Machmir regarding Kisui, but they would not
make that assumption if they witness Kisui on YomTov.
(a) (R. Zeira) If the blood of a Beheimah were to become
mixed with that of a Chayah or Of, it is Asur to do
Kisui (like the Dam of a Koy).
(b) (R. Yosi b. Yosiniah) That prohibition only applies if
one scooping of earth will not suffice for the entire
mixture of blood.
(c) Question: Is it not obvious that if Kisui can be done
on all the blood at once that it is permitted!?
(d) Answer: We might have prohibited one Dekirah lest the
person come to permit two Dekiros.