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Kollel Iyun Hadaf, Jerusalem

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Beitzah 36

BEITZAH 36-40 (Siyum!) - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim, for the benefit of Klal Yisrael.



(a) The same Mishnah in Shabbos prohibits moving even four or five boxes, if they comprise *all* the boxes in the store-house - because, says Shmuel, one might go on to fill in any holes in the ground that he discovers once the space is cleared (an act which constitutes Binyan).

(b) This restriction might ...

1. ... not apply to *our* Mishnah - because such a decree with regard to Shabbos but not with regard to Yom-Tov, which is less severe than Shabbos (Note: This seems to clash with the Sevara that we mentioned a little earlier [and that we will repeat immediately afterwards], that Yom-Tov should be stricter than Shabbos, precisely because its Halachos are normally more lenient. - Perhaps when it is a matter of applying a lenient ruling, then we apply the Sevara mentioned previously; whereas when it is a matter of issuing a decree - i.e. of forbidding a. because of b., then we apply the Sevara mentioned here).
2. ... certainly apply to our Mishnah - because if it is forbidden to move all the boxes there on Shabbos, in spite of Bitul Beis Hamedrash (or Hachnasas Orchim), then it should certainly apply here on Yom-Tov, where neither of these is an issue.
(c) Moving the fruit (in our Mishnah) from one roof to another - is forbidden at all costs (even if they are both on the same level).

(d) This restriction might ...

1. ... not apply to the Mishnah in Shabbos - because it may well be forbidden on Yom-Tov, which is generally more lenient, and which people will come to treat with disrespect if one allows too many concessions, but not to Shabbos (as we explained on the previous Amud).
2. ... certainly apply there in Shabbos - where there is no loss involved.
2) We ask a final She'eilah with regard to a certain Chumra that applies to 'Mashilin' on Yom-Tov: whether it will not apply to the Mishnah in Shabbos, because of Bitul Beis-Hamedrash, or whether it will certainly apply there in view of the fact that there is no monetary loss. We are referring to the Chumra of not lowering the fruit by means of a rope or using a ladder.


(a) The Tana of our Mishnah permits covering fruit to prevent it from becoming wet and spoiling on Yom-Tov. According to Ula, this extends even to a pile of bricks. Rav Yitzchak however - restricts this concession to fruit which may be moved on Yom-Tov. But one may not move a vessel to cover something which may itself, not be covered.

(b) We ask on Ula from our Mishnah, which says 'u'Mechasin Peiros be'Keilim ... ' - implying fruit, but not a row of bricks, since it may itself, not be taken on Yom-Tov.

(c) We answer that in reality, the concession in the Seifa covers even a *row of bricks*, too. The only reason that the Tana mentions *fruit* is because of the Reisha, which permits *fruit* down a skylight (but not a *row of bricks*).

(a) The Seifa of our Mishnah states 've'Chein Kadei Yayin, ve'Chein Kadei Shemen'. Since the Tana is coming to add something that is not included in fruit, then why does he add 'Kadei Yayin and Kadei Shemen' rather than a row of bricks, which would have been a bigger Chidush.

(b) We answer that 'Kadei Yayin and Kadei Shemen' refers to Tevel, which is forbidden and therefore effectively no different than a row of bricks.

(c) This however, is only a suggestion. The Tana might include them anyway, even if they are *not* Tevel - to teach us that one may even cover barrels of wine and oil, even though the loss is relatively small (seeing as they are liquid, and will not spoil in the rain as much as a solid).

(d) Rav Yitzchak will establish various Mishnayos and Beraisos, which permit placing ...

1. ... a vessel underneath a leak - by a leak which is fit for an animal to drink (or for washing).
2. ... a mat on top of bricks - by bricks which remain after the building has been completed, which are fit to use for seating.
3. ... a mat on top of stones (that are designated for building purposes) - by stones that have been sharpened, and are fit for use in a bathroom.
(a) A regular honey-comb is not Muktzah - when it contains honey.

(b) 'Those two honey-combs' refer to the two honey-combs that one would normally leave inside the bee-hive (after removing all the rest of the combs) as food for the bees for the duration of winter.

(a) Having designated the honey for the bees, the two honey-combs are Muktzah. According to Rav Yitzchak however, the Beraisa permits covering them with a mat - in a case when the owner initially had in mind to take them for himself.

(b) When covering the honey-combs with the mats - one must take care not to trap the bees completely, as that would constitute Tzeidah (trapping), even according to Rebbi Shimon, who concedes that 'Davar she'Ein Miskavein' is forbidden when it is 'P'sik Reisha' (inevitable, as it is in this case).

(c) The author of the Beraisa must be Rebbi Yehudah - who holds of Muktzah.

(d) The Tana speaks in a case when the bee-hive has windows. When he writes 'u'Vilevad she'Lo Yiskaven la'Tzud' - he means that one should be careful not to cover the windows with the mat (and we must amend the statement to 'u'Vilevad she'Lo Ya'asenah Metzudah').

(a) The Chidush of the Beraisa (that one should take care not to trap the bees that are inside) - is that trapping extends even to creatures that one does not, as a rule, tend to trap.

(b) Rav Ashi dispenses with the need to establish the Beraisa by those two honey-combs, because he takes note of the Lashon of the Beraisa 'be'Chamah' and 'u'vi'Geshamim' - meaning 'in the *sun*' and 'in the *rain*' (and not 'in the sun *season*' and 'in the rain *season*').

(c) Clearly, 'the sun' refers to Tishri, and 'the rain' to Nisan, when there is also honey in the bee-hive.




(a) We learned in our Mishnah, that placing a vessel underneath a leak is permitted - and this extends even to emptying it out and re-placing it should it become full.

(b) When a leak was threatening to ruin Abaye's mill - Rabah instructed him to bring his bed there. This would render the melting mill a 'G'raf shel Re'i', and would permit him to remove it.

(c) Abaye queried Rabah's ruling - on the grounds that it is forbidden to make a G'raf shel Re'i Lechatchilah.

(d) Abaye's argument was flawed - either because the argument (of 'Ein Osin G'raf shel Re'i Lechatchilah') does not apply when it is to save a loss; or because in Abaye's case, where the rain was already leaking into the house, it is not really called 'Lechatchilah' (in the way that inviting a Nochri is).

(a) When Abaye's mill caved in - he declared that it served him right for contravening his Rebbe's orders.

(b) Shmuel permits taking out a 'G'raf shel Re'i' and an 'Avit shel Meimei Raglayim'. He also permits returning the empty potties - with water in - because otherwise, they would be 'Muktzah Machmas Mi'us'.

(c) If need be, the Heter for carrying out a G'raf shel Re'i extends even to carrying out the disgusting objects themselves - because Rav Ashi once permitted carrying out a mouse that they found among his spices, by its tail.

(a) Regarding Isur Shabbos, there are three categories: 'Shevus', 'Reshus' and 'Mitzvah'.
The category of ...
1. ... 'Shevus' - which by definition, means an Isur de'Rabbanan, refers in our Mishnah to something which constitutes not the slightest Mitzvah.
2. ... 'Reshus' - refers to something which involves a slight Mitzvah.
3. ... 'Mitzvah - to something which constitutes an absolute Mitzvah.
(b) All kinds of hand-clapping and dancing (for purposes of rejoicing or music) are included in Shevus, and so are climbing a tree - riding an animal and swimming.

(c) The list of Reshus includes judging, becoming betrothed - and performing Chalitzah or Yibum.

(d) The third list (of 'Mitzvah') incorporates declaring something Hekdesh, Erech or Cheirem - and the separation of Terumos and Ma'asros.

(a) According to the Tana of our Mishnah - all of the above prohibitions apply on Yom-Tov, too.

(b) The Mishnah lists as the only distinction between Shabbos and Yom-Tov - Ochel Nefesh.

(a) Chazal forbade ...
1. ... climbing a tree on Shabbos or Yom-Tov - because one may come to break off branches that hinder his progress.
2. ... riding on an animal's back - because he might come to break off a twig from a tree to use as a whip (to encourage the horse to obey his commands).
(b) The reason for the latter cannot be because one may come to ride outside the Techum - because it is not at all certain that Techumin is d'Oraysa (and if it is de'Rabbanan, a decree because of it would constitute a Gezeirah li'Gezeirah).

(c) Chazal forbade ...

1. ... swimming - because one may come to fashion a swimmer's barrel.
2. ... hand-clapping and dancing - because one may come to fabricate a musical instrument.
3. ... judging, betrothal and Chalitzah and Yibum - because one may come to write (the Beis-Din's ruling or the relevant documents required by the various parties).
(d) The reason that ...
1. ... judging is termed 'Reshus' and not 'Mitzvah' - is because it speaks when there is a greater expert than oneself.
2. ... betrothal - when one has already fulfilled the Mitzvah of having children.
3. ... Chalitzah and Yibum - when there is an older brother. Nevertheless, in each of these cases, there is a slight Mitzvah in fulfilling it, in spite of the circumstances.
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