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Beitzah 8

BEITZAH 6-10 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim, for the benefit of Klal Yisrael



(a) We explain the Tana of our Mishnah, who writes '*she*'Eifer Kirah Muchan Hu' (before having mentioned 'Eifer Kirah') - by amending it to *ve*'Eifer Kirah Muchan Hu'.

(b) Rav Yehudah Amar Rav restrict this Heter to ashes that were burned *before* Yom-Tov - because then it is possible to say that his mind was on them already from before Yom-Tov, whereas one cannot say that, when they only became ashes on Yom-Tov (in which case, before Yom-Tov, his mind was only them to use them as firewood, since that is what they were fit for at the time); and now that they have become usable as ashes, they will be considered Nolad - see Tosfos DH 'Amar Rav Yehudah'. Note: Tosfos also writes there, that Chazal waived Muktzah in face of Simchas Yom-Tov.

(c) It is indeed possible for ashes that were burned *on* Yom-Tov to be used for 'Kisuy ha'Dam' on the same day - as long as they are still hot and usable as ashes (in which case they are not yet Muktzah because of Nolad).

(a) The Beraisa also permits using a large pile of earth that one took into one's house to use for the garden - Rav Yehudah adds that even a box-full of earth that he placed in his house S'tam is permitted, despite the fact that there is only very little earth, and we may have thought that it is Batel to the ground and is Muktzah; or that in this case, he may even use it for other things than Kisuy ha'Dam.

(b) Mar Zutra in the name of Mar Zutra Rabah restricts the concession of using a box-full of earth that he placed in his house S'tam - to when he designated a corner of his house for its use.

(c) The Beraisa forbids the Shechitah of a Coy on Yom-Tov (because of the problem of Kisuy ha'Dam).

  1. A Coy is a species of deer - which is a Safek Beheimah, Safek Chayah.
  2. If one *did* Shecht it - one may not cover its blood.
(d) According to Rav Yehudah, who permits a box-full of earth to be used for Kisuy ha'Dam - why should he not cover the blood of the Coy with such a box- full of earth?
(a) We answer the above Kashya on the Din of Coy by establishing the Beraisa when he has no earth prepared. Otherwise, why could not cover the blood of the Coy with the ashes of an oven or use a prepared peg (which our Mishnah permits)? We are therefore forced to say that he had none prepared; so we can also say that he did not have a box-full of ashes.

(b) The reason that the Beraisa mentions a Coy, when any bird or Chayah would be likewise prohibited is - to teach us that even a Safek is prohibited; since we might otherwise have thought that, although one may not Shecht a Vaday, if there is nothing with which to cover it, a Safek (which might not be Chayav Kisuy anyway) will perhaps be permitted, due to Simchas Yom-Tov.

(c) From the Seifa however, which prohibits covering the blood even if one *did* Shecht the Coy, it is clear that the Beraisa is speaking when earth *is* available to cover its blood. Rabah therefore, explains - that the ashes of an oven (and similarly the box of ashes) is only prepared for a Vaday (i.e. a bird or a Chayah) but not for a Safek (even if he had a Safek in mind, too).




(a) We reject Rabah's contention that ashes are not Halachically prepared for a Safek ...
1. ... because one makes a hole - since, in that case, one makes a hole by a Vaday, too; so why may one use them there?
2. ... because of a decree, that one might come to grind the earth - for exactly the same reason: if we decree by a Safek, why should we not also decree by a Vaday?
(b) Initially, we object to the contention that the suspicion of grinding does not apply here, due to the fact that the Mitzvah of Kisuy ha'Dam over- rides the La'av of Yom-Tov - on the grounds that 'Asei Docheh Lo Sa'aseh' only applies when the fulfillment of the Asei is performed simultaneously with the transgressing of the La'av (such as Milah and Tzara'as or Tzitzis and Sha'atnez), but not when it is only fulfilled afterwards.

(c) We counter this by suggesting that one could cover the blood with the same action as one breaks up the earth. But we conclude that the Asei will still not over-ride the La'av - because the entire principle of 'Asei Docheh Lo Sa'aseh' is not applicable by Yom-Tov, which is both a La'av and an Asei (and it is illogical to say that an Asei should over-ride a La'av and an Asei).

(d) We learn that Yom-Tov is an Asei as well as a La'av - from the word in Emor "ba'Yom Ha'Rishon *Shabason*".

(a) Rava says that if one prepared ...
1. ... earth for covering a baby's dirt - one may use it to fulfill the Mitzvah of Kisuy ha'Dam (because the former is a Safek and the latter, a Vaday, and what one prepares for a Safek is certainly prepared for a Vaday).
2. ... for the Mitzvah of Kisuy ha'Dam (a Vaday) - is not prepared to cover a baby's dirt (a Safek), because what is prepared for a Vaday, is not automatically prepared for a Safek).
(b) Rava applies this Sevara to resolve our problem, regarding the use of prepared earth to cover the blood of a Coy - because by the same token, the box of earth that he prepared for cases of Vaday (e.g. Shechting a Chayah) will not be considered prepared for a Safek.

(c) The Neherbela'i say - that even if he brought in earth for the Mitzvah of Kisuy ha'Dam, he is permitted to use it to cover a baby's dirt, because a baby's dirt too, is close to a Vaday, and is therefore also permitted; whereas according to Rava, a baby's dirt (as opposed to covering the blood of a bird) is considered a Safek ;

(d) Since Rava considers baby's dirt a Safek, he will permit earth that was prepared to cover a baby's dirt to be used to cover the blood of a Coy (whereas Rebbi Zeira, who considers baby's dirt a Vaday (like the Neherbela'i, forbids it).

(a) According to Rami Brei de'Rav Yeiva, one cannot use the prepared earth for a Coy because of 'Hataras Chelbo' - which means that Chazal decreed the prohibition, in case people consider a Coy a Vaday Chayah (seeing as one is covering its blood on Yom-Tov), and go on to permit its Cheilev, too.

(b) We attempt to answer the Kashya that, in that case, why is the prohibition confined to Yom-Tov, by suggesting that during the year, people will say that, it is not on account of the *Mitzvah* that he is covering the blood, but in order to keep *his yard clean*. We refute this contention however, because someone who Shechts a Coy onto his trash-heap, will also cover its blood even though the above reasoning is not correct. Similarly, what if he comes to ask what he should do with the blood of a Coy? We will tell him that he must cover it, and he himself will think that a Coy is a Chayah?

(c) We finally explain that covering the blood of a Coy is permitted during the year, even though on Yom-Tov it is forbidden - because he will realize that he was only instructed to cover its blood because it is a Safek, whereas on Yom-Tov he will figure that it must be a Vaday; otherwise, they would not have told him to bother in the case of a Safek.

(a) Based on the latest explanation (that Kisuy ha'Dam on a Coy, even using prepared earth, is forbidden on Yom-Tov, due to undue bother) - Rebbi Zeira quoting a Beraisa, adds to the case of a Coy that of a Beheimah, a Chayah and a bird that were Shechted together. One may not cover all the bloods, because it will mean bothering on Yom-Tov to cover the blood of a Beheimah, which is not a Mitzvah.

(b) Rav Yossi bar Yosina'ah needs to add that if one is able to cover all of the various bloods simultaneously, then it is permitted - to teach us that we do not decree covering the three bloods in *one* movement, in case he does it in *three*.

(a) Rabah forbids covering on Yom-Tov, the blood of a bird that was Shechted on Erev Yom-Tov - because he should have done it on Erev Yom-Tov; and in any event, he will not be lacking in Simchas Yom-Tov, because he is permitted to eat the bird even without covering its blood.

(b) It is forbidden to separate Terumos and Ma'asros on Yom-Tov, mi'de'Rabbanan.

(c) Rabah nevertheless permits taking Chalah from a dough on Yom-Tov, that one kneaded on Erev Yom-Tov - because it is possible to knead a dough on Yom-Tov (in which case the argument that he should have taken Chalah before Yom-Tov will not apply). See also Tosfos DH 'Gilgel Isah'.

(a) Shmuel's father forbids taking Chalah from a dough on Yom-Tov, that was kneaded on Erev Yom-Tov. We initially think that he disagrees with his son Shmuel, who permits eating a dough that was kneaded in Chutz la'Aretz and separating Chalah only at the end - because we assume that, according to Shmuel, it is unnecessary to separate Chalah, in which case, should he do so, it ought not to be considered a Tikun (and Shmuel's father too, lived in Chutz la'Aretz).

(b) We reconcile Shmuel with his father however, by pointing out that - even Shmuel will agree that, if he *did* separate Chalah (even though it is not necessary), the Chalah will be valid, in which case, it *is* considered a Tikun, after all.

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