Beitzah 40: Hadran

For the source text click/tap here: Beitzah 40

To download, click/tap here: PDF 

The Mishnah on our daf teaches that a person who has guests come and visit on Yom Tov from the next city(i.e. they created an eruv techumim that allowed them to travel to him; he did not create such an eruv so neither he nor his possession can go to their city), cannot give them food to take back home with them, since the food belongs to him and is there for limited to areas that he is allowed to go to.

The convention of shlichut (halakhic agency) is a familiar and widespread concept in Halakha. Many halakhic activities such as kinyan, kiddushin, gittin, and hekdesh can be performed indirectly through an agent (shaliach).

As we leave our beloved Masechta let us look at the most erudite talmid of Prof Shaul Lieberman, Prof Dovid Weiss Halivni who revolutionized the way we look at Talmudic texts seeing the geological strata underneath the surface.

Beitzah 39: Pillar of Salt

For the source text click/tap here: Beitzah 39

To download, click/tap here: PDF 

The Gemara on our daf asks why Rabbi Yehuda differentiates between water, which loses its independent significance when baked into bread, and salt which apparently retains its status. Furthermore, a baraita is introduced in which Rabbi Yehuda clearly states that both water and salt become batel – negligible – when baked or cooked and are now part of food.

To explain the different statements of Rabbi Yehuda, the Gemara explains that there are different types of salt – melach sedomit and melah isterokanit. Melah sedomit is thick and retains its shape, so it can be seen even when baked or cooked. Melach isterokanit is softer and combines with the food to the extent that it can no longer be identified. Thus melach sedomit retains its independent status, while melach isterokanit is considered batel in the food.

This leads us to an exploration of Mt Sodom and a meditation on the pillar of salt and Lot's wife..

Beitzah 38: Rabbi Abba

For the source text click/tap here: Beitzah 38

To download, click/tap here: PDF

Rabbi Abba said to them: If one's single kav of wheat became mingled with ten kav of another's wheat, shall the latter eat all eleven kav and rejoice? One does not allow his property to become nullified into someone else's property. The same applies to water and salt in dough.

The Sages laughed at him. He said to them: Did I take your cloaks from you that you are putting me to shame?

They again laughed at him.

This interaction is particularly interesting because the Gemara begins the story with a description of the prayer recited by Rabbi Abba upon embarking on his trip from Babylonia to Israel, in which he expressed his hope that his thoughts and ideas would be accepted by the scholars of Israel.

We examine the banter humor and insults between the Israeli and Bavli Amora'im

Beitzah 37: Schnodering $$

For the source text click/tap here: Beitzah 37

To download, click/tap here:  PDF

Is one permitted to respond to synagogue appeals on Shabbat and Yom Tov? In the Mishna on yesterday's daf we learned that performing a mitzva like putting aside tithes or consecrating an object to the Temple would be forbidden on Shabbat and Yom Tov.

On our daf, the Gemara explains that the reason the Sages did not permit people to donate to the Temple on Shabbat and Yom Tov is because such contributions appear very similar to business transactions. One of the practical questions that this raises is how can synagogues make appeals – even for good causes – and accept pledges on Shabbat or on Yom Tov? Rav Nissim Gaon distinguishes between the case of donations to the Temple and the case of pledging money to charity or other causes.

We examine the cultural valence of schnodering $$ on shabbes...

Beitzah 36: Musical Production

For the source text click/tap here: Beitzah 36

To download, click/tap here: PDF 

Our daf uses points from our last Mishna to flush out the differences in halachot on Festivals and on Shabbat. Those points include clearing a room of stored produce for visitors, lowering drying fruits from the roof through a skylight, covering produce, wine and oil with cloths, placing a vessel beneath a leak. They also look at beekeepers who cover beehives over the rainy months. The bees are considered to be animals that are not 'meant' to be trapped.

Our next Mishna provides us with a list of activities that are prohibited by the Sages on Shabbat in the name of shevat, rest. It also tells us which activities are 'optional'. Forbidden activities include climbing trees, riding animals, swimming, clapping, and dancing. Optional activities include judging, betrothing, performing chalitza, or performing a levirite marriage. Although they are mitzvot, we are told not to consecrate, vow, consecrate objects to the priests, or separate teruma/tithes. All of these acts are forbidden on Festivals and Shabbat; we are told that the only leniencies on Festivals regard food preparation.

We look closer at the issue of instruments, dancing and clapping, even wedding celebrations on Shabbat and Yom Tov.

Beitzah 35: בִּטּוּל בֵּית הַמִּדְרָשׁ

For the source text click/tap here: Beitzah 35

To download, click/tap here: PDF 

Our last Perek in Beitzah (V) opens with a discussion of the etymology of the first word "lowering" "mashilin" ... the rabbis discuss the language used in this Mishna. They consider the spelling and meaning of words used to describe what is done to produce.

Of course, the rabbis raise the question of whether we can cover produce, wine and oil on Shabbat and not only on Festivals. Finally, they look at how much produce can be lowered through a skylight. It is suggested that since up to five sacks of hay or grain. can be removed from a room to create space for study or for a guest, the same amount should be permitted to be lowered on a Festival.

One of the arguments used is בִּטּוּל בֵּית הַמִּדְרָשׁ

and we extend this concept to Bracha Rutner's articulation of when Commitment to Mitzvot Clashes with Our Commitment to Community and also a lighter look at COVID changed the beis midrash ....

Beitzah 34: Artichoke Wars

For the source text click/tap here: Beitzah 34

To download, click/tap here: PDF 

In preparing food to eat on Yom Tov,we must be sensitive to the fact that some foods involve so much hard workwhich can be done prior to the holiday that it is recommended they not bebothered with on Yom Tov or done only in an unusual manner.

An example of this is cutting offexcess leaves from vegetables, which cannot be done with the scissors that are normally used for this purpose. Even so,foods whose preparation is complicated can be cooked and eaten on YomTov. Kundas (artichokes) and akaviyot (cardoon)are examples of such foods.

The kundas is identified as Cynara scolymus –the Globe artichoke – a perennial, thistle-like plant that grows to a height ofone meter. Akaviyot are identified as Cynaracardunculus – cardoon – which is a member of the thistlefamily and related to the Globe artichoke.

It seems that this humble-looking vegetable was once the centreof attentionin the black market and the criminal world. Known for its notoriousinvolvement with the Mafia, its infamy began in the 1920’s with gangsterCiro Terranova “Whitey” also known as the Artichoke King. It led to the artichoke wars….

Beitzah 33: Goose Gizzard and Giblets

For the source text click/tap here: Beitzah 33

To download, click/tap here:  PDF

Rava rules that one may not use a piece of wood from a broken utensil as firewood on Yom Tov since the wood was not prepared for such use before Yom Tov. The Gemara infers from here that Rava must follow the view of Rebbi Yehudah, who prohibits objects like this as Muktzah on Yom Tov.

The Gemara questions this assumption from another statement of Rava. The Gemara relates that on Yom Tov, Rava told his servant to roast a goose and throw the intestines to a cat. The Gemara understands from this statement that Rava follows the view of Rebbi Shimon, who argues with Rebbi Yehudah and permits one to move an object on Yom Tov for the sake of animals, even though the object was designated for human use and not for animals before Yom Tov.

Rashi (DH Kivan d'Mesrechi) writes that the goose intestines were still fit for human consumption on Yom Tov.

We examine the cultural and culinary history of goose gizzard and giblets and the human desire to stuff geese...for the sake of foie gras...

Beitzah 32: Opening Bottles

For the source text click/tap here: Beitzah 32

To download, click/tap here: PDF 

The Gemara discusses opening sealed vessels on Shabbos by cutting or destroying them on Shabbos. As Rashi explains, the Gemara addresses whether the Melachah of Stirah (breaking a usable structure) is involved when one opens a container on Shabbos or Yom Tov.

The Gemara's discussion has common practical ramifications. May one open sealed bottles and other types of food containers on Shabbos or Yom Tov?

There are three possible Melachos involved with opening bottles, cans, and other containers on Shabbos and Yom Tov: Stirah (breaking a usable structure), Boneh or Makeh b'Patish (producing a finished, usable vessel), and Kore'a (tearing). An additional Isur d'Rabanan may apply: even if one does not open the container in a way which forms a usable utensil, the Rabanan prohibited opening the utensil under certain circumstances lest one open it with intention to make it into a usable utensil.

We explore the halacha of opening bottles cans and stuff.

Beitzah 31: Firewood

For the source text click/tap here: Beitzah 31

To download, click/tap here: PDF 

Since we are allowed to cook on Yom Tov, we are also permitted to add fuel to burning fires. Even so, wood or other fuel that is to be used should be prepared for that purpose before Yom Tov begins; otherwise it is considered muktzeh – set aside for a purpose other than to be burned. What wood is considered prepared for use as fuel on Yom Tov is the topic of discussion of the Mishnayot on our daf.

One of the Mishnayot discusses whether wood can be chopped for use as fuel, even if the wood was prepared for burning before Yom Tov began. As we learned on yesterday’s daf, the crucial question here is whether it appears to be a weekday activity; as such, the suggestion of the Mishnah is to chop the wood in an out-of-the-ordinary manner.

We explore the science of wood stacking and types of wood toxic to use due to dioxin.

Beitzah 30: Succah Afterthoughts

For the source text click/tap here: Beitzah 30

To download, click/tap here: PDF 

Our Daf teaches that we cannot take wood from a sukkah on any Festival because this is 'dismantling'. We are permitted to take wood from near the sukka. The Gemara wonders how a sukka differs from a tent, where we are not permitted to use the wood - or even bundles - placed near a tent. The rabbis question whether we might be speaking of a sukka that is not sturdy; they wonder whether we are in fact discussing items that are muktze, set aside.

We return to Succah thoughts as we leave the Succah tomorrow.

Beitzah 29: Measuring Food

For the source text click/tap here: Beitzah 29

To download, click/tap here: PDF

Because we are able to prepare food on Yom Tov, it is possible for people to find themselves in a situation in which they discover that essential ingredients for the meal are missing. Obviously they can go to their neighbors, borrow raw ingredients, and return them after Yom Tov is over. The last few Mishnayot in our perek relate to such transactions.

In general, it is prohibited to measure on Yom Tov, just as it is prohibited to measure on Shabbos. Thus, one may not measure out how much flour, sugar, or oil to use in a recipe (Shulchan Aruch Orach Chayim 506:1). However, one may approximate how much flour, oil, or sugar is needed. It is permitted to use a measuring cup, as long as one does not fill the cup exactly to its measuring points (Mishnah Berurah 506:3).

We examine the science behind measuring food and calories.

Beitzah 28: Chalaf

For the source text click/tap here: Beitzah 28

To download, click/tap here:  PDF

The debate on our daf concerns weighing out meat at the butchers on Yom Tov. All agree that the butcher cannot just weigh out meat as usual, using weights on the scale, because that looks too much like conducting business as usual. They also all agree that one can go to a butcher and get meat on Yom Tov. This is necessary to ensure that the average person has access to fresh meat so that he can enjoy his Yom Tov to the fullest extent. As a solution to the problem of the butcher weighing out the meat, Rabbi Judah says that the butcher may use other utensils on the other side of the scales. For instance, if he knows that his chopping knife weighs 2 kilo, he can weigh out meat according to the weight of his knife. This looks different enough that everyone will know that he is not engaging in business as usual.

The Mishnah on our daf forbids sharpening a knife on Yom Tov, but the Gemara permits it under certain circumstances.

The Gemara says that one may not bring a Shochet's knife to a Chacham to have it inspected on Yom Tov, but a Chacham may inspect his own knife.

We discuss the famous controversy about the slaughtering knives between hassidim and Mitnagdim .

Beitzah 27: Animal Death

For the source text click/tap here: Beitzah 27

To download, click/tap here: PDF

This mishnah deals with what may be done with a beast (a cow, sheep, goat or bull) that has died on Yom Tov.

If a beast died [on Yom Tov] it may not be moved from its place.

Since the beast died and was not slaughtered, it cannot be eaten. Since it cannot be eaten there is nothing that one may do with it on Yom Tov. Hence, it is muktzeh. All that he can do is leave it in its place and then when Yom Tov is over he can cut it up, use its hide and feed dogs with its meat.

We discuss animal death and the science of global animal death and its relationship to wild animal welfare. We end with the curious play by Peter Schaffer "Equus" and a boy's mutilation of a horse analysed by his psychiatrist.

Beitzah 26: Cisterns

For the source text click/tap here: Beitzah 26

To download, click/tap here:  PDF

A first-born animal – a behor –is considered to be holy to the Temple (see Shmot 13:12)

In the event that the animal develops a permanent blemish – a mum –then it is no longer kodesh and it can be eaten normally by kohanim.

Since under normal circumstances a behor cannot be eaten, it is not considered an animal that is ready for use on Yom Tov.

Nevertheless, the Mishnah (25b) teaches that according to Rabbi Yehudah, in the event that a behor falls into a pit, an expert can be lowered into the pit to check whether the animal has developed a mum.

If, in fact, such a mum ispresent, then the animal can be slaughtered and eaten by kohanim on YomTov.

Rabbi Shimon disagrees. He believes that unless the mum was recognized before Yom Tov began, the animal cannot be used forfood on Yom Tov.

Thus there would be no point in having an expert check the animal for a mum on Yom Tov itself so it would be forbidden to do so.

The pit referred to is a bor...or cistern...which leads us to examine the history of water cistern engineering in the ancient world an the intriguing discovery of 29 cisterns under the Har habayit.

Beitzah 25: Who Chose Whom?

For the source text click/tap here: Beitzah 25

To download, click/tap here: PDF 

The Gemara considers another aspect of the character of the Jewish people. It is taught in a baraita in the name of Rabbi Meir: For what reason was the Torah given to the Jewish people? It is because they are impudent, and Torah study will weaken and humble them.

A Sage of the school of Rabbi Yishmael taught the following with regard to the verse:

ב וַיֹּאמַר, יְהוָה מִסִּינַי בָּא וְזָרַח מִשֵּׂעִיר לָמוֹ--הוֹפִיעַ מֵהַר פָּארָן, וְאָתָה מֵרִבְבֹת קֹדֶשׁ; מִימִינוֹ, אשדת (אֵשׁ דָּת) לָמוֹ.

2 And he said: The LORD came from Sinai, and rose from Seir unto them; He shined forth from mount Paran, and He came from the myriads holy, at His right hand was a fiery law unto them.

Deut 33:2

“From His right hand went a fiery law for them” The Holy One, Blessed be He, said: Based on their nature and character, these people, the Jews, are fit to be given a fiery law, a hard and scorching faith.

Rabbi Yishmael's school taught that we Jews have fiery natures requiring a fiery law. Others suggested that we were given the Torah to mitigate our wrath, for no nation could withstand us without the observance and study required by Torah law.

We examine the closeness of Am Yisrael through the eyes of orthodox and nonsectarian minds

Beitzah 24: Pets

For the source text click/tap here: Beitzah 24

To download, click/tap here:  PDF

Rabah bar Rav Huna explains that the Mishnah in Shabbos (106a) which forbids trapping a bird even when it is already in an enclosed area (such as a house) refers to a "Tzipor Dror." RASHI (DH b'Tzipor Dror) explains that the reason why the bird is not considered already captured while it is in the house is because it flies from one corner of the house to the other and escapes one's attempt to capture it.

Rashi earlier (DH Chayav), however, explains that the bird mentioned in the Mishnah is not considered captured because it escapes through the windows, and not because it flees from corner to corner. Why does Rashi give a different explanation for why the bird is not considered captured while it is in the house?

The Gemara initially suggests that the difference between the state of being captured and the state of being free depends on the type of enclosure in which the bird is found.

We look at the issue of Pets and the ambivalent attitude to dogs in particular.

Beitzah 23: Strollers on Yom Tov?

For the source text click/tap here: Beitzah 23

To download, click/tap here:  PDF

When a stroller is pushed over sand or soft earth a groove may be left in the path of the wheels and one can question whether such a practice is permitted on Shabbos because it is similar to plowing, one of the thirty-nine prohibited melachos. 

 The Gemara (1) frames the issue of dragging a bench or couch on the dirt as a dispute between R’ Yehudah and R’ Shimon. R’ Yehudah maintains that an unintended outcome is prohibited whereas R’ Shimon holds that it is permitted.

We explore the use of the stroller on Yom Tov, and we revisit the issue of the eruv on shabbat.

Beitzah 22: Smoking On Yom Tov

For the source text click/tap here: Beitzah 22

To download, click/tap here:  PDF

We are learning about how Festival halachot are different from halachot of Shabbat.

The rabbis teach us about varied ideas, from food preparation to lighting incense.

The rabbis discuss a number of interesting arguments regarding each of Rabban Gamliel's leniencies. It seems that these leniencies are in no way 'short cuts'.

Fragrance is discussed similarly. Rabban Gamliel would prepare an incense vessel or pan before Shabbat or the Festival and then plug its holes. The following day, the holes were unplugged and it would seem that the room perfumed itself. This is permitted, though the rabbis are concerned about leniencies that might encourage people to put incense directly on top of burning coals on sanctified days.

On the topic of "incense" we discuss smoking and vaping on yom tov and the rest of the year.

Beitzah 21: Baleshet

For the source text click/tap here: Beitzah 21

To download, click/tap here: PDF 

Rav Huna was asked to rule on the following question: when the government requires villagers to bake for soldiers who are stationed in the area, are they permitted to do so on Yom Tov?

When Rabbi Yehudah ben Bava asked where he had been, Shimon explained that a baleshet had come to the town and threatened to steal the possessions of the inhabitants. To save the town a calf was butchered and prepared, and the baleshet left them in peace. Rabbi Yehudah ben Bava objected to this story, pointing out that the passage permitting cooking on Yom Tov (Shemot 12:16) only allows it lahem – for you – not for non-Jews. As the Gemara explains, in this case the animal that was prepared for the baleshet was not kosher, so it could not have been eaten by Jews and the entire preparation was for non-Jews only.

The term baleshet apparently refers to an army unit that was sent to search for valuables (in modern Hebrew the word balash means a detective). Usually these units were employed in enforcing payment of taxes, which made it essential for the local communities to stay on good terms with them, since their broad mandate often allowed them to stray well-beyond their official tasks into violence and looting.

We cite a dream of the gaon Rav Ayyash of Algiers in which saw a girl saved the city...from a baleshet...in 1775.