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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Beitzah 29

BEITZAH 26, 27, 28, 29 - dedicated by Yitzchak Gross of Brooklyn, NY, l'Iluy Nishmas his father, Menashe Yehudah ben Matisyahu, and his mother, Dina bas Yisroel.



(a) The Tana Kama permits asking one's friend to sell him a vessel-full of wine (or whatever), provided it is not 'be'Midah'. To explain this, Rav Yehudah Amar Shmuel differentiates between a K'li *ha'Meyuchad* le'Midah and one which is *Omed* le'Midah. According to him - the Tana Kama permits selling a vessel-full of wine as long as it is no more than a spare (in case his measuring vessel breaks, but which has not yet been used).

(b) Rebbi Yehudah forbids the use of *any* measuring vessel, even if it is only a spare.

(c) According to Rava, even Rebbi Yehudah agrees that one may use a 'K'li *ha'Omed* le'Midah' - Their dispute is over a 'K'li *ha'Meyuchad* le'Midah, which the Tana Kama permits, and Rebbi Yehudah forbids.

(d) The Tana Kama (the Rabbanan) permits even a 'K'li *ha'Meyuchad* le'Midah'. What he forbids ('Aval Lo be'Midah') - is to mention *an amount* (e.g. a quarter of a Lug); one may only ask the seller to give him a vessel- full or half a vessel-full.

(a) According to both Rav Yehudah Amar Shmuel and Rava - the Tana Kama is lenient and Rebbi Yehudah, strict. But did we not learn earlier that Rebbi Yehudah permitted weighing meat against a vessel, and the Rabbanan forbade it, from which it appears that when it comes to Simchas Yom-Tov, they switch their opinions?

(b) We reconcile ...

1. ... Rebbi Yehudah in our Mishnah with Rebbi Yehudah there - by pointing out that in the earlier case, the vessel was not one that was used for weighing (and therefore is permitted), whereas in our Mishnah, we are dealing with a measuring vessel, and there, Rebbi Yehudah is strict.
2. ... the Rabbanan here with the Rabbanan there - by explaining that the Rabbanan are strict there because what he is doing is 'weekdayish', which is not the case here, because, according to Rav Yehudah Amar Shmuel, he is using a vessel which has not yet been designated as a measuring vessel, and according to Rava, one does not normally sell merchandise by vessels-full.
(a) Aba Shaul ben Botnis, who was a wine-merchant, used to fill all his measuring vessels before Yom-Tov - because he maintained that measuring on Yom-Tov is forbidden.

(b) According to Aba Shaul, he used to do that even on Chol ha'Mo'ed - because of Bitul Beis-Hamedrash (so that *he* should be available on Chol ha'Mo'ed, to answer all the She'eilos of all the many people who came to ask him, because it is on Chol ha'Mo'ed that most people are free).

(c) If we have the text 'Mipnei Birurei ha'Midos' in our Mishnah - then it is due to the Bitul Beis ha'Medrash of *the people* who came to ask him, that he would pour from his barrels into the barrels of his clients before Yom-Tov and allow all the froth to subside, in order to be available to deal with all their She'eilos on Yom-Tov.

(a) Whilst Aba Shaul ben Botnis was collecting three hundred barrels of wine from Birurei ha'Midos - his colleagues collected three hundred barrels from Mitzuy ha'Midos (the oil that ought to have dripped from the sellers' barrels into those of the buyers.

(b) They took the three hundred barrels to the treasurers of Hekdesh - to use for the needs of Hekdesh should they so wish. They did not declare them Hekdesh - either because they did not consider the contents to be theirs, or because they thought it was a case of 'Gezel be'Olah'.

(c) The treasurers of Hekdesh said to them ...

1. ... initially - that what they were doing was not necessary, since they were perfectly entitled to retain the wine and the oil.
2. ... when they still declined to retain them because of a suspicion of theft - that in that case, it was not Hekdesh that ought to be benefiting from the Safek Gezel, but the community at large, and that the correct thing to do was to use the 'stolen goods' for communal needs.
(d) (Selling the 'stolen goods' and using the proceeds for) - a communal water supply constitutes 'Tzorchei Rabim'.
(a) Rav Chisda took Rabana Ukva for a walk one day and taught him about the prohibition of measuring barley for one's animal on Yom-Tov - what one may do, is to dig a measuring cup of a Kav or of two Kabin into the barley and take it out full.

(b) A Nachtom (who cooks dishes for other people) is permitted to measure spices to add to his pot on Yom-Tov - in order that the excess spices should not cause the food to burn.

(a) Rav permits a woman to measure flour for her dough on Yom-Tov - to encourage her to give Chalah (one twenty-fourth) generously (which she will not do if she is doubtful whether she is baking the full amount of dough that she requires).

(b) Shmuel nevertheless forbids it.

(c) We reconcile Shmuel's ruling with the Tana de'Bei Shmuel, who says Mutar - by establishing the latter as Halachah for someone who knows about it, but the former as Halachah le'Ma'aseh should he come to ask (in other words, the Tana de'Bei Shmuel holds 'Halachah ve'Ein Morin Kein'). See also Tosfos DH 'Shmuel'.




(a) The Tana Kama of the Beraisa says 'Ein Shonin Kemach be'Yom-Tov' (meaning that it is forbidden to re-sift the flour in order to improve its looks) - because one could have done it before Yom-Tov.

(b) Rebbi Papayos and Rebbi Yehudah ben Beseira permit it - because, since the flour has already been sifted, it is no bother to sift it again; in addition, it is clear from the quality of the flour that he is not sifting it in order to remove the impurities from it (which is the normal objective of sifting).

(c) Even the Tana Kama will agree that re-sifting flour is permitted - if a stone or a splinter of wood fell into the flour on Yom-Tov.

(d) Ravina objects to the Beraisa quoted by the Beraisa-expert, which forbids re-sifting flour into which stones of splinters of wood fell, but permits removing them by hand - because removing them by hand resembles Bereirah (despite the fact that Beis Hillel permits Bereirah in this manner - above 14b). Consequently, it is preferable to re-sift the flour, which does *not* resemble a Melachah).

(a) When Rava bar Rav Huna Zuta Darshened at the gates of Neherda'a that re- sifting flour is permitted - Rav Nachman told the people to go and inform him that his 'Chidush' was a case of preaching to the converted, since there were already many sieves at work in Neherda'a, busy re-sifting flour.

(b)When Rav Yosef's wife started re-sifting flour using the back of the sieve - he told her that he wanted to eat best-quality bread (and that a Shinuy would cause a deterioration in the quality).

(c) When Rav Ashi's wife began re-sifting flour using the back of the table- top (see Tosfos DH 'Agaba') - he said that seeing as she was the daughter of Rani bar Chama (who was meticulous in the performance of Mitzvos), she must have seen it being done in his house, which makes it the right thing to do.

(a) One may ask a store-keeper for a certain number of eggs - because that is something that one tends to do in one's own home too (which means that it is not exclusively a business-practice).

(b) The Tana of our Mishnah specifically mentions the fact that one should make the transaction through a store-keeper whom one knows well - because otherwise, he would probably not trust him without fixing a price on Yom- Tov?

(c) The Beraisa adds that one may ask a shepherd for a kid-goat or a lamb, a butcher for a foot or a thigh, a bird-fattener for a pigeon or a dove, and a baker for a loaf or a cake. He may not however, include 'S'chum Midah' in his request - meaning the amount required (e.g. one Kav or two Kabin).

(d) Rebbi Shimon ben Elazar forbids S'chum Mekach - meaning the price of the purchase (presumably, he will permit 'S'chum Midah'). (See also Tosfos DH 'she'Lo').

***** Hadran Alach, 'Ein Tzadin' *****

***** Perek ha'Meivi *****


(a) One may not transport jars of wine from place to place - by putting them all into a basket or a box (because it is 'weekdayish' - seeing as it looks as if one is transporting heavy loads).

(b) What one can do - is to carry a few jars on his shoulders.

(c) One may transport them in a box from one room to another in the same house - because it is only in the street that Chazal forbade this.

(a) One may not transport a box of straw - slung over one's shoulder.

(b) He may transport it in his hand in front of him (see Tosfos Chadashim on the Mishnayos).

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