Beitzah 24: Pets

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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?

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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

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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

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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.

Beitzah 20: Semicha (On The Korban)

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A Tanna taught in front of Rabbi Yitzchak bar Abba that the verse which says that Aharon offered the olah (on the 8th day of milu'im) and performed its service kamisphat – like the rule teaches that he followed the rules of a voluntary olah. This teaches that one must lean on obligatory olah just as on a voluntary one. Rabbi Yitzchak bar Abba told him that this braisa follows Bais Shamai, who do not learn the requirement of leaning for an obligatory shelamim from a voluntary one, as Bais Hillel, who do learn it, would also learn leaning for an obligatory olah from a voluntary one.

We explore the sugya of semicha and the modern scholars' approach to the history of semicha. According to Solomon Zeitlin, the subject of the Zugos's dispute is not over physical Semicha on an animal, rather it is over the reliance on and the authority of the Chahcomim. In other words, how much to be "סומך" on the Chachomim's traditions and innovations in Halacha.

Some scholars have suggested that the preserved dispute is whether or not rabbinic ordination required the laying of the hands on the student's head.

Beitzah 19: Yom Tov Korbanot

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In our discussions of food preparation on Yom Tov, we have learned that even though several of the 39 forbidden activities on Shabbat are basic to food preparation, they are permitted on Yom Tov based on the passage in Shemot 12:16. How about sacrifices brought in the Temple? Obviously, korbanot that are part of the commandments of the day must be brought, but what about other sacrifices?

In the Mishnah on our daf, Bet Shammai and Bet Hillel disagree about whether various sacrifices can be brought on Yom Tov. According to Bet Shammai, a korban olah, which is totally burned up, cannot be brought. A korban shelamim, however, can be brought, since parts of it will be eaten by the kohanim and by the owner, making it not only a sacrifice, but also food preparation, which is permitted on Yom Tov. Nevertheless, they forbid performing semikha on the animal.

We review attitudes to korbanot including the analysis of Dr Yitzhak Feder of inner biblical changes...

Beitzah 18: Tevilah

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During Temple times, those who were fulfilling the mitzvah of aliyah la-regel – pilgrimage to the Temple on the holidays of Pesach, Shavuot and Sukkot – needed to immerse themselves in a mikvah in order to ensure a high level of ritual purity. What happened when Yom Tov fell out on Sunday? Could the immersion be done on Shabbat in preparation for the holiday?

Much of the daf wonders whether we can immerse items in ritual baths - including women ending their menstrual cycles - on Yom Tovim or Shabbatot. The rabbis question different items and their degrees of ritual impurity. They are careful to evaluate whether or not an action might be violating a halacha related to Shabbat. For example, we are not allowed to bathe on Shabbat. Is immersing a form of bathing?

The Beraisa states that one who is obligated to immerse in a Mikvah may immerse in the usual manner even on Tish'ah b'Av and on Yom Kippur.

We trace how that became forbidden and some modern retooling of the ritual of immersion for spiritual seekers of non orthodox traditions.

Beitzah 17: Loopholes

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We learned that when a Holiday (Yom Tov) falls out on a Friday, one is allowed to cook for the needs of the Yom Tov, but not for the Shabbat right after it. However, if one leaves a little food over from Thursday (called eruvei tavshilin) then cooking for Shabbat becomes permitted.

The Ra’avad explains that the idea of the eruv tavshilin – literally “a combination of foods” – is to prepare a meal for Shabbat at a time when it is permissible, and then food that is made on Yom Tov can be combined with that food in preparation for Shabbat.

We examine the halachot of ET and discuss loopholes in rabbinic Judaism.

Beitzah 16: Neshama Yeseirah

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The concept of some form of expanded soul being afforded the Jew during the weekly Shabbat already appears in our daf (Beitza 16a), where Resh Lakish states:

The Holy One, Blessed be He, gives man an additional soul on the eve of Shabbat, and at the end of Shabbat He takes it back, as it says (Shemot 31:17): “shavat va-yinafash” — once Shabbat ends, woe (vai) to the spirit (nefesh) which is lost.

Resh Lakish derives from the phrase “shavat va-yinafash” that after Shabbat ends, one loses a little part of one's soul, referring to the additional soul that accompanies the Jew on Shabbat. Nefesh literally means spirit, but here it is a verb. It refer to some internal form of refreshment and even restoration that affects the inner part of one's personality.

The Chasam Sofer points out that there is a fundamental difference between Shabbos and the other Yomim Tovim. On Shabbos, the Ribono shel Olam and kedusha [holiness] arrives, whether we are ready or not, and whether we are prepared or not. The mere fact that it is Shabbos invests us and imbues us with a certain kedusha.

We further explore the nature of the unique gift of the Shabbat.

Beitzah 15: Reb Eliezer's Teaching Method

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We are told a fascinating story about Rabbi Eliezer the Great, who watched groups of students leave as he lectured on the halachot of Festivals. As each group left, he became more angry and called to the departing group that they must have a pittas, a barrel, a jug, a jar, a cup waiting for them - they must be hungry and are compelled to leave. When the sixth group left, he told them that only a curse was waiting for them as they did not value learning Torah over the call of sustenance. Finally, the remaining students were afraid of Rabbi Eliezer. He reassured them, giving them a blessing (including giving food to the poor) going forward to enjoy their meals.

The Gemara questions why Rabbi Eliezer was critical of the students who left if they were leaving to provide for their physical needs which is a mitzvah of being joyous on Yom Tov. The Gemara answers that Rabbi Eliezer maintains that rejoicing on Yom Tov is merely optional.

This story is difficult to understand and many points require clarification.

Beitzah 14: Mortar and Pestle

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The Mishnah on our daf discusses the preparation of spices and salt. We find that Bet Shammai insist that some change be made in the way spices are ground up (grinding is one of the activities ordinarily forbidden on Shabbat), while Bet Hillel allow grinding to be done normally.

Both agree, however, that salt should be ground in an out-of-the-ordinary way – by using a wooden pestle rather than the standard stone pestle.

In the Gemara, Rav Huna and Rav Chisda argue about the distinction made between spices and salt. One says that salt is a basic need – all cooking requires salt – so it should have been prepared before the holiday began; spices, on the other hand, are not necessarily required for cooking, so they can be prepared as needed. The other explains that salt retains its flavor, so it could have been prepared before the holiday began. Spices, which lose their strength once they are ground, can be prepared as they are needed, even on the holiday.

We examine the grinding of spices and the history of the mortar and the pestle. (and the Slavic tale of the baba Yaga!)

Beitzah 13: Wheat from the Chaff

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Our Daf discusses the difference between stalks of grain and legumes regarding at which point of their processing the obligation for ma’aser begins.

The Gemora raises the possibility of taking terumah on Yom Tov, if one may peel kernels, and answers that it depends on the dispute between Rebbi and Rabbi Yossi beRabbi Yehuda about the obligation to take terumah from grain brought in to eat individually.

One who has bundles of fenugreek, a type of legume that is used for seasoning, and they were tevel, (produce that one is required to separate terumah and he has not yet separated the terumah) he should crush them, calculate how many seeds they have, and then he separates terumah for the seeds.

He is not required to separate terumah for the stalks, because it is only a rabbinical requirement to separate terumah from legumes, so the Chachamim only required that one separate terumah from the seeds and not from the stalks.

We explore the halachot of borer, and the difference between wheat and barley according to food science.

Beitzah 12: Mitokh She-Hutra Le-Tzorekh

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Mishnah (Beitzah 1:5) records that Beit Shamai do not permit carrying a child, lulav, or Sefer Torah in a public domain on Yom Tov, while Beit Hillel do permit such carrying. Our Daf(Beitzah 12a) explains that Beit Hillel believes that “mitoch shehutrah hotza’ah letzorech. hutrah nami shelo letzorech”, “Given that the Torah permits carrying for the sake of food preparation, it permits carrying for any Yom Tov need,” while Beit Shamai rejects this expansion. 

This concept is commonly referred to as “mitoch” and applies to all melachot that are permitted on Yom Tov. The Halachah follows the opinion of Beit Hillel (Shulchan Aruch O.C. 518:1).

Even Bet Hillel would agree that there needs to be some purpose in carrying in order for it to be permitted on Yom Tov; lugging around rocks is forbidden even according to Bet Hillel. The purpose can be the needs of a mitzvah – like carrying a lulav to the synagogue or a sefer Torah to study from, or the needs of simchat Yom Tov, enhancing the joyousness of the holiday. 

The Torah states No work is to be done on those days, except to prepare food for everyone to eat - that is all you may do (Shemot 12:16), explicitly permitting work that is done for the preparation of food. We question the scope of this leniency: Which labors are permitted for the sake of okhel nefesh? Mi-Tokh She-Hutra Le-Tzorekh 

Beitzah 11: Circumventions or Deceptions?

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Rambam writes that "a permitted strategem is called a ha'arama (circumvention), whereas one that is forbidden is called mirma (deception)"

The Rashba on our daf writes that "regarding ha'aramot, we do not say that one is similar to the other." Later in the same passage, he formulates principles to distinguish between legitimate circumventions and those which are forbidden to be used.

Thinking about the last year on this last day of the Hebrew Annual cycle and the way COVID has forced me to choose between rational scientific thinking and magical/mystical thinking in ways I never would have imagined (like not stepping foot inside my beloved unmasked shteibl) I the present the following article….that examines the evolving use of the homily. This popular literary form allows for a more associative combination of halakhah, textual exegesis, and theology, including some of the same sources used by Rema and Maharshal, within a rhetorical discourse comprised of parables, symbolism, and wordplay, addressing itself to the practical question of whether "fleeing plague" is effective. The fluidity of the homily and the fact that it is unambiguously outside the legal realm are not coincidental.

I also present an article I wrote in 2010 about that same plagued city of Prague and the curious crucifix with the hebrew letters of the kedusha hanging from it on the Charles River bridge.

Beitzah 10: Black and White Doves

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Generally speaking, animals are considered muktzah on Shabbat and Yom Tov. That is to say, farm animals whose normal activities are associated with melachot – activities forbidden on those days – cannot be used. Thus, in the event that an animal is to be slaughtered for food on Yom Tov, it must be prepared or set aside for such use prior to the beginning of the holiday.

Our Daf discusses one who selects birds before Yom Tov in order to slaughter them on Yom Tov. The Gemara cites the Mishnah later (on 10a) in which Beis Shamai says that one who selects the birds must pick them up and shake them; it does not suffice merely to name them verbally. Beis Hillel permits one to designate the birds for use on Yom Tov merely by naming them verbally.

If one designated black doves before Yom Tov and on Yom Tov he only found white doves, or if he designated white doves and found black doves on Yom Tov, or if he designated two doves and on Yom Tov he found three doves, all the doves that he found are muktzeh.

We explore the use of the dove as a metaphor in ancient religion, mythology and even as logo for the OU!

Thinking about the back dove vs the whote dove I was reminded of "Little Gidding" a poem by TS Eliot who used the dove as a dark image for the German bombers that rained death on England during WW2 "After the dark dove with the flickering tongue"...

Beitzah 9: Ladders

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Beit Shammai prohibit moving a ladder from one dovecote to another, even though his intention is to fetch some doves for slaughter and consumption, which by itself is permissible on a Holiday (Yom Tov). Beit Hillel disagree and allow moving the ladder.

They must be talking about a ladder specifically designated for dovecotes, and yet Beit Shammai do not allow moving it. Why? - Because an onlooker might still think that he is going to plaster his roof. And Beit Hillel, what do they say? - That his ladder and his dovecote are proof enough of his intention.

We examine the metaphor of ladders...from Jacob's ladder to the kabbalistic references to the connection between heaven and earth, and the literal geographic (and strategic) "ladder of Tyre" in the conquest of Beirut.

Beitzah 8: Kissui haDam

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Are we allowed to slaughter an animal on the Festival?[ If so, are we permitted to cover the blood? What if we prepare the pile of earth in advance, with this purpose in mind? What are the differences if we are in a home (with dirt floors, of course) or on a field? Is an act of destruction, digging a hole, always prohibited on Shabbat and Festivals? What if that act of destruction is done to allow the performance of a positive mitzvah of covering (blood)?

Again we are faced with the difficult task of measuring intention against action. We explore the halachot of this ritual and end with a story from the Shoah of a Torah buried in the ground except for four panels and the strange journey they took through the hell of Auschwitz…

Beitzah 7: The Chicken And The Egg

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In our daf we learn any species that cohabitates by day will bear offspring by day. Any species that cohabitates at night will bear offspring by night. Any specie that cohabitates by day or by night will bear offspring either by day or by night. This determines the halachic status of the egg that is found delivered.

We explore the biology of fertilized vs non fertilized eggs followed by an examination of the horrors of the poultry farm industry, for its workers and for the animals. We end with attempts by the new eco-kosher system that holds kashrus hechsher to higher ethical and environmental standards.

Beitzah 6: Yom Tov Burial

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Rava teaches that if someone dies on Yom Tov and needs to be buried, non-Jews are brought to make the preparations and do the burial if it is the first day of Yom Tov; on the second day of Yom Tov, we allow Jews to do whatever is necessary. This is true not only on Pesach, Shavu’ot and Sukkot, but also on Rosh ha-Shana, when, as we learned yesterday, the second day is considered an extension of the first.

The Gemara concludes that, nowadays, since the Jews are under the dominion of a foreign authority that forces them to work on the weekdays, a Jew may not take care of the Mes on Yom Tov, lest the foreign authorities think that Jews do work on Yom Tov and force the Jews to work for them on Yom Tov. This logic should prohibit a Jew from taking care of the Mes on Yom Tov Sheni.

The Rishonim differ on the details of these statements, and their application nowadays. We explore the halachot of burial and differing opinions regarding burial practices including the new (secret?) underground canyon beneath har Menuchot.

Beitzah 5: Council of Nicea and Our Calendar

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The discussion on yesterday’s daf was whether a beitzah she-noldah be-Yom Tov (an egg that was laid on the holiday) was considered muktzah on the second day of the holiday in the Diaspora. Our discussion focused on why we still keep a second day even at a time when we work with a set calendar and no longer need to communicate the establishment of the new month to far-flung communities.

In a prescient warning The Gemara asks: And now that we know the determination of the first day of the new month, what is the reason that we observe two Festival days in the Diaspora? Because they sent a warning from there, from Eretz Yisrael: Although now there is a fixed calendar and there is no uncertainty, be careful to observe the custom of your fathers that you received, because at times the monarchy will issue decrees of persecution restricting Torah study and the fixed calendar may be forgotten. And the people will come to have their proper observance of the Festivals be disrupted again. In fact a decree that attempted to quash the Jewish calendar was actually issued by Emperor Constantine in 325 CE:

We explore the edict of the Council of Nicea and Hillel II's response, from a christian perspective and Prof. Sacha Stern, the foremost authority of the ancient calendrical systems.