BEITZAH - 036b – ביצה – פרק חמישי – משילין, לו ע”ב

Rather, say: provided he does not make it a trap.^[1]

Is that not obvious?

You might have said: a creature whose kind is trapped is forbidden, but one whose kind is not trapped is permitted;

מהו דתימא דבר שבמינו נצוד - that is, a creature whose kind people commonly trap, such as a beast or a bird, is forbidden, but this one, whose kind is not trapped, is permitted. It teaches us otherwise.

so it teaches us otherwise.

Rav Ashi said: Does it teach “in the summer days and in the rainy days”?

רב אשי אמר - In truth it is as we answered at first, that there is honey there, which is food for people. And as for your difficulty — is there honey in the rainy season? — there is no difficulty, for does it teach “the summer days and the rainy days”?

It teaches “in the sun because of the sun, and in the rain because of the rain” — in the days of Nissan and the days of Tishrei, when there is sun, and there is rain, and there is honey.

“And one may place a vessel under a leak on Shabbos.”^[2]

It was taught: if the vessel fills up, he pours it out and puts it back again, and he need not hold back.

שופך - outside.

ושונה - he returns it to its place under the leak.

ואינו נמנע - from doing it again all day long, if he needs to.

Abaye's mill-house was leaking.

בי רחיא דאביי דלוף - The leak was falling on his millstones, which were set in clay and were being washed away by the rain, and he did not have enough vessels to put under the leak.

He came before Rabbah.^[3]

He said to him: Go, bring your bed in there, so that it becomes like a chamber pot of excrement,^[4] and carry it out.

זיל עייליה לפוריך להתם - into the room where it is, so that it becomes like a chamber pot of excrement: the millstones become repulsive to you by being in front of your bed, and you are then permitted to move them and carry them out, as it says below that a chamber pot of excrement may be carried out to the rubbish heap.

Abaye sat and found it difficult: may one make a chamber pot of excrement to begin with?

וכי עושין גרף של רעי לכתחלה - May one cause something to become repulsive to him so that he may carry it out?

Meanwhile, Abaye's mill-house collapsed.

He said: This has come upon me because I went against the word of my master.

תיתי לי דעברי אדמר - Let this come upon me as my due for having gone against the words of my teacher. A gerof and an avit are both earthenware vessels; the one for excrement is called a gerof and the one for urine is called an avit.

Shmuel said: a chamber pot of excrement and a vessel of urine may be carried out to the rubbish heap, and when he brings it back, he puts water in it and brings it back.

נותן בו מים ומחזירו - For they are muktzeh because they are repulsive, and were it not for the water he could not move them; carrying it out was permitted to him for the sake of his dignity.

They understood from this: excrement by means of its vessel — yes; by itself — no.

סבור מינה - From Shmuel's words the students understood that he said “chamber pot” specifically: by means of the vessel one may move the excrement, but by itself — to take the excrement, or something truly repulsive, in his hand and carry it out — he was not permitted.

Come and hear: a mouse was found in Rav Ashi's spice store,

באספרמקי - spices.

and Rav Ashi said to them: Take it by its tail and carry it out.

בצוציתה - by its tail.

Mishnah

Whatever one is liable for on Shabbos because of shevus (a Rabbinic prohibition of rest), or because of reshus (an optional act),^[5]

כל שחייב עליו - by the words of the Sofrim, not to do it on Shabbos because of shevus, or because of reshus — something with a little mitzvah in it, but not a great mitzvah, so that it is close to being an optional act — and there is a prohibition on it from the words of the Sofrim.

or because of mitzvah, on Shabbos,

או משום מצוה - or something that has a real mitzvah in it, and the Sages forbade doing it on Shabbos.

one is liable for on Yom Tov.

חייבין עליו - not to do it on Yom Tov.

And these are the ones because of shevus:

ואלו הן - the things forbidden because of shevus, from which the Sages required one to rest, and in doing which there is no mitzvah at all.

One may not climb a tree,

לא עולין באילן כו' - The Gemara explains all of them — why the Sages decreed against them.

nor ride on an animal,^[6] nor swim on the surface of the water,

nor clap, nor slap, nor dance.

אין מטפחין - with the hand.

ואין מספקין - on the thigh.

ואין מרקדין - with the foot. All of these are done for rejoicing and song, and the Gemara explains: a decree lest he repair a musical instrument to accompany them, for he would be making a vessel.

And these are the ones because of reshus:

ואלו הן משום רשות - That is, we would have permitted them, since they are close to a mitzvah, and the Sages forbade them. They are called reshus here because of those taught in the last clause, which are a full mitzvah; compared with those, the middle ones are called reshus. The first ones are called shevus because they carry a complete prohibition of shevus: they have no side that could lift the Sages' decree from them, having not even a trace of mitzvah in them.

One may not judge,

לא דנין - a case.

nor betroth, nor perform chalitzah, nor perform yibum.^[7]

ולא מקדשין - a woman. The Gemara explains why it is called reshus (and why they decreed against them).

And these are the ones because of mitzvah: one may not consecrate,

ולא מקדישין - consecrated things.

nor pledge a valuation (erech),

מעריכין - “My valuation is upon me,” and he gives according to his years, as written in the section of valuations (Vayikra 27:2).

nor declare cherem, nor separate terumah and maaser.^[8]

ולא מחרימין - “This animal is cherem”; and unspecified charamim go to the upkeep of the Beis Hamikdash.

All these they said of Yom Tov — all the more so on Shabbos.

There is no difference between Yom Tov and Shabbos except the preparation of food alone.

Gemara

“One may not climb a tree”^[9] — a decree lest he pluck.

שמא יעלה ויתלוש - which would be a Torah prohibition, namely reaping, for one who plucks from something attached to the ground is reaping.

“Nor ride on an animal”^[10] — a decree lest he go out beyond the techum (the Shabbos boundary).

שמא יצא חוץ לתחום - Since he is not walking on his own feet, he does not see the markers of the techum.

Conclude from this that techumin are Biblical?!^[11]

שמע מינה תחומין מדאורייתא - Since they decreed against riding on account of techumin — for if techumin were Rabbinic, they would not forbid another thing on its account.

Rather, it is a decree lest he cut a switch.

שמא יחתוך זמורה - to strike the animal with, and that would be reaping from something attached.

“Nor swim on the surface of the water”^[12] — a decree lest he make a swimmer's barrel.

חבית של שייטין - a vessel of reeds that they weave, making it like a long barrel, with which they learn to swim.

“Nor clap, nor slap, nor dance”^[13] — a decree lest he repair a musical instrument.

“And these are the ones because of reshus: one may not judge.”^[14]

But he is doing a mitzvah!

הא מצוה קא עביד - So why is it called reshus?

It is needed only where there is someone better than him.^[15]

“Nor betroth”^[16] — but he is doing a mitzvah!

ולא מקדשין הא מצוה קא עביד - for he marries a wife to be fruitful and multiply; so why is it called reshus?

It is needed only —

Tosfos

אלא אימא ובלבד שלא יעשנה מצודה - Rashi explained: provided he does not cover all the openings with it; for according to Rabbi Yehudah this is forbidden and according to Rabbi Shimon it is permitted. And at first too, when the Gemara sought to establish the beraisa according to Rabbi Shimon, it understood that it speaks of every case, even making it like a trap by closing all the openings. And this is difficult: for Rabbi Shimon agrees in a case of pesik reisha — “cut off its head and will it not die?”^[17] — and here they are certainly trapped! Rabbeinu Moshe of Evreux explained that according to Rabbi Shimon too it speaks of a hive that has a small hole, but one that is not visible; if so, it is not a case of pesik reisha, and according to Rabbi Shimon it is permitted. And Rabbi Yehudah, who forbids even an unintended act, requires a large hole, visible to the bees, for leaving the hive.

שופך ושונה - According to what we had assumed, that above it speaks of a leak whose water is unfit for him, it is difficult: how may he move the vessel? It is like a basket with a stone in it,^[18] as is said at the end of Perek Kirah (Shabbos 47a), where it has no fruit in it. And one may answer that it is permitted because it is like a chamber pot of excrement; and so it is implied from the fact that the Gemara brings it here.

תיתי לי דעברי אדמר - Even though we said above in Perek Yom Tov (Beitzah 21b) that one may not make a chamber pot of excrement to begin with, Rabbah held that here it is permitted, because of the loss of the mill-house; or because here it is not so much called “to begin with”: since the rain was already dripping into the house, it is not as much “to begin with” as inviting a non-Jew.

שמא יעשה חבית של שייטין - Rashi explained that they take reeds and make something like a barrel and swim with them. And this is difficult: for we learned, “And these are tahor among earthenware vessels: a board that has no rims, and a swimmers’ barrel” — evidently it is earthenware!^[19] Therefore it seems to me that it is an earthenware vessel with no opening; because of this it cannot sink in the water, since the water cannot enter it, and so it floats on the surface of the water.

והא מצוה קא עביד - Rashi explained: it should then have been counted with those of the last clause, under mitzvah; and it answers that it is needed only where there is someone greater than him, so it is not so much a mitzvah as those of the last clause. According to this, it may be that even where there is no one greater than him it is forbidden. And so he explained regarding “nor betroth — but he is doing a mitzvah”: it answers, where he has a wife and children — implying that even if he has no wife and children it is nonetheless forbidden. And this is difficult: for it says in Perek Dinei Mamonos (Sanhedrin 35a): “Therefore one does not judge on Erev Shabbos or on Erev Yom Tov” — for how shall they do it? Judge him on Erev Shabbos and execute him on Shabbos? Executing does not override Shabbos. And it does not answer “because one may not judge” on Shabbos. It is implied there that in the Sanhedrin, where ordinarily there is no one greater than them, they may well judge. One may resolve this: the Gemara preferred to give a reason that forbids by Torah law, rather than one that forbids only Rabbinically. And Rabbeinu Tam explained: “but he is doing a mitzvah” — so why did they decree? And it answers: it is needed only where he has a wife and children; but if he has no wife and children he may betroth, for he is doing a mitzvah. And this is difficult: for in the first perek of Yoma, in the Yerushalmi, regarding the Kohen Gadol, for whom “they prepare another wife”, it asks: “But they are making a kinyan for him on Shabbos!”^[20] and answers: “There is no shevus in the Mikdash.” But let it answer that it is permitted because he is doing a mitzvah — for once his wife has died it is a mitzvah for him to marry another wife; and further he is doing a mitzvah, as it is written, “and he shall atone for himself and for his household” (Vayikra 16:6). Rather, one must certainly explain as Rashi did; and the case of the Sanhedrin is no difficulty, for here the reason given is “lest he write”, and since they already sat in judgment from Erev Yom Tov and wrote the words of those who acquit and of those who convict while it was still day, as it says there, there is no reason to decree. Or one may explain as Rabbeinu Tam did, and the case of the Kohen Gadol is no difficulty, for perhaps it gave one of two reasons. And indeed it concludes there, in the Yerushalmi of Yoma: Rabbi Mona said: “This tells us that those who marry widows must marry them while it is still day, so that it not be like making a kinyan on Shabbos.” It is found also at the beginning of Kesubos in the Yerushalmi, which explains the reason there: before he has acquired her he has no right to what she finds, nor to her earnings, nor to annul her vows; once he has married her he has a right to all of them, so it turns out like making a kinyan on Shabbos. That too can be explained as a case where he has a wife and children. And for this same reason — that one may not betroth because it looks like making a kinyan — it is likewise forbidden to give a get on Shabbos.

Notes

1. 1. This closes the discussion from the previous amud about covering a beehive on Shabbos with a mat, to shelter it from sun or rain. The beraisa's condition had read “provided he does not intend to trap”; the Gemara amends it to “provided he does not make it a trap” — that is, he must leave the openings in the sides of the hive uncovered, so that the bees are not actually caught.
2. 2. The Mishnah on the previous amud permits placing a vessel under a leaking roof on Shabbos, to catch the drips. The question now is what he may do once the vessel is full: emptying it and putting it back means moving a vessel full of water.
3. 3. Rabbah (bar Nachmani) raised his orphaned nephew Abaye and was his principal teacher. That is why, a few lines on, Abaye calls him “my master” and blames the collapse of his mill-house on having questioned him.
4. 4. A gerof shel re’i is a chamber pot. Something repulsive is muktzeh and may not be moved on Shabbos, but the Sages allowed a chamber pot to be carried out for the sake of human dignity, as Shmuel states below. Rabbah advised Abaye to make the millstones a nuisance in his bedroom, so that they could be removed on the same grounds.
5. 5. Shevus is the general term for the Rabbinic restrictions of Shabbos. The Mishnah sorts them into three groups: shevus, acts with no mitzvah in them at all; reshus, acts with a little mitzvah in them; and mitzvah, acts that are a full mitzvah. All three are forbidden on Yom Tov as well.
6. 6. This clause is cited by Rashi on 19a to explain why one may not lean one's weight on a korban (semichah) on Yom Tov: leaning with all one's strength counts as making use of a living animal, which falls under the prohibition of riding. [ביצה יט, א]
7. 7. Yibum: when a man dies childless, his brother marries the widow. Chalitzah: the ceremony that releases her when the brother does not marry her. Both are mitzvos, yet the Mishnah lists them under reshus.
8. 8. Terumah is the portion of produce given to a kohen; maaser is the tithe given to a Levi. Separating them is a mitzvah, yet the Sages forbade it on Shabbos and Yom Tov.
9. 9. Climbing a tree is not itself a melachah. The Sages forbade it as a fence: one who climbs may pluck fruit or a branch, and detaching anything from the ground is reaping, a Torah prohibition.
10. 10. On Shabbos and Yom Tov one may not walk more than two thousand amos beyond the town; this limit is the techum. Riding is not itself a melachah; the first explanation is that a rider, not walking on his own feet, may pass the boundary without noticing.
11. 11. Whether the law of techum is Biblical or Rabbinic is a well-known dispute. The Gemara will not let this Mishnah decide it by inference — a decree made to protect another Rabbinic law would be a decree upon a decree — and so it finds a different reason: the rider may cut a switch from a tree to drive the animal.
12. 12. Swimming is not itself a melachah. The concern is that he will make a float to swim with, and making a vessel is forbidden.
13. 13. Clapping, slapping the thigh and dancing are ways of rejoicing, done to music. The concern is that he will repair a musical instrument, and repairing a vessel is forbidden.
14. 14. Judging means a beis din sitting to hear a case. The Mishnah lists it under reshus, not under mitzvah. The reason for the decree is given on the next amud: lest the judges write.
15. 15. Judging is a mitzvah, so the Mishnah's calling it reshus is puzzling. The answer: the Mishnah speaks where a greater judge is available, so that this man's judging is no longer a mitzvah that falls on him. The Gemara then raises the same question about betrothal, and its answer runs on to the next amud.
16. 16. Kiddushin is betrothal: the man gives the woman money or something of value, and by this she becomes his wife. It is a form of kinyan, a formal act of acquisition.
17. 17. Rabbi Yehudah forbids even a melachah that comes about without intent (davar she’eino miskaven); Rabbi Shimon permits it, except a pesik reisha — “cut off its head and will it not die?” — where the forbidden result is certain to follow.
18. 18. A basket holding only a stone has become a base for a muktzeh object and may not be moved; when it holds fruit as well, it may. A vessel holding only unusable leak-water would seem to be the same.
19. 19. An earthenware vessel can become tamei only through its inner space. A board without a rim, and the swimmers’ barrel, have no usable inner space, so they are tahor; and the Mishnah lists them among earthenware vessels, which shows the barrel is made of clay.
20. 20. Before Yom Kippur a second wife is kept ready for the Kohen Gadol in case his wife dies, since he atones “for himself and for his household.” The Yerushalmi asks that marrying her on Yom Kippur would be making a kinyan on a day of rest, which the Sages forbade.