Search

Beitzah 39

Want to dedicate learning? Get started here:

English
עברית
podcast placeholder

0:00
0:00




podcast placeholder

0:00
0:00




Summary

Today’s daf is sponsored anonymously in memory of Rav Ovadia Yosef, Ovadia Yosef ben Yaakov

According to Rabbi Yehuda, if one borrows water for one’s dough, one does not need to limit carrying one’s dough within the techum of the owner of the water. However, salt would limit it. How does this work with other tannaitic sources – one says that salt is nullified and therefore wouldn’t limit and another says that water is not nullified, and both are said in Rabbi Yehuda’s name. The Gemara resolves these contradictions by explaining that the salt in each source is referring to different kinds of salts and the cooked dish with water is referring to different types of sauces (more/less liquidy). There are five laws that differentiate between coals and a flame because a coal is something with substance and a flame is not. The laws relate to carrying them within techum, ones that are sanctified or used for idol worship, carrying to the public domain on Shabbat, and one who vowed not to benefit from someone. The law of carrying to the public domain contradicts a source that says one is liable for carrying out a flame. The response is that one is liable if the flame is attached to a wood chip or vessel. If one takes water from a cistern, how far can the water be taken? The law is different for different types of cisterns – private, public for the city, ones built on the road from Babylonia to Israel for those traveling that route to get to Israel. The Gemara concludes it must be dealing with water that is collected, not moving, as water that is moving, as in a stream, has no limitations. If one drew water from cisterns on the way to Israel from Babylonia for someone else, Rav Nachman and Rav Sheshet disagree about whether it would be limited by the person who drew the water or the person for whom it was drawn. The Gemara first suggests that the debate is based on whether one holds that this type of cistern was hefker, ownerless, or owned collectively. However, this is rejected by other tannaitic sources from which it seems clear that these cisterns were not viewed as being owned collectively. Therefore, the debate is understood differently – if one picks up a lost item for another, since one cannot acquire it for the other person, does one acquire it for oneself or not. If one’s fruits were in a different city, under what circumstances would one be able to get them into his city?

Today’s daily daf tools:

Beitzah 39

וְרַב אָשֵׁי אָמַר: מִשּׁוּם דְּהָוֵי לֵיהּ דָּבָר שֶׁיֵּשׁ לוֹ מַתִּירִין, וְכׇל דָּבָר שֶׁיֵּשׁ לוֹ מַתִּירִין — אֲפִילּוּ בְּאֶלֶף לֹא בָּטֵיל.

And Rav Ashi said a different explanation as to why the spices, water, and salt are not subject to nullification: It is because any one of these ingredients is an object whose prohibition is temporary, as the prohibition against their being taken out of the Shabbat limits lapses once the Festival has passed, and the general principle is that anything whose prohibition is temporary cannot become nullified, even by one part in one thousand.

רַבִּי יְהוּדָה פּוֹטֵר בַּמַּיִם. מַיִם אִין, מֶלַח לָא? וְהָא תַּנְיָא, רַבִּי יְהוּדָה אוֹמֵר: מַיִם וָמֶלַח בְּטֵלִין בֵּין בָּעִיסָּה בֵּין בַּקְּדֵרָה! לָא קַשְׁיָא: הָא — בְּמֶלַח סְדוֹמִית, הָא — בְּמֶלַח אִסְתְּרוֹקָנִית.

§ It is taught in a mishna: Rabbi Yehuda exempts one from travel limitations in the case of water. The Gemara asks: Does this mean to imply that water, yes, it is exempted by Rabbi Yehuda, but salt, no, it is not? But isn’t it taught in a baraita: Rabbi Yehuda says: Water and salt are both nullified, whether in a dough or in a pot of cooked food. The Gemara answers: This is not difficult. In this case of the mishna, the reference is to salt of Sodom, which is quite coarse and does not blend in easily with the dough, and, being noticeable in the final product, is not nullified. In that case of the baraita, the reference is to a type of fine salt known as isterokanit salt. Consequently, it is not noticeable in the final product and can be nullified.

וְהָתַנְיָא, רַבִּי יְהוּדָה אוֹמֵר: מַיִם וָמֶלַח בְּטֵלִין בָּעִיסָּה, וְאֵין בְּטֵלִין בַּקְּדֵרָה מִפְּנֵי רוֹטְבָּהּ! לָא קַשְׁיָא: הָא — בְּעָבָה, הָא — בְּרַכָּה.

The mishna states that according to Rabbi Yehuda water mixed into dough, and presumably into a cooked dish as well, is considered nullified. The Gemara challenges this: But isn’t it taught in a baraita that Rabbi Yehuda says: Water and salt are nullified in dough but not in a pot, due to its sauce. The pot, unlike bread, ends up with liquid in it, so the borrowed water is still recognizable. The Gemara replies: This is not difficult. This case of the mishna, where Rabbi Yehuda says that the water is nullified in the cooked food, is referring to a thick dish that has no liquid sauce. That case of the baraita, in which Rabbi Yehuda said the water is not nullified, is referring to a thin dish with liquid sauce.

מַתְנִי׳ הַגַּחֶלֶת כְּרַגְלֵי הַבְּעָלִים, וְשַׁלְהֶבֶת בְּכׇל מָקוֹם. גַּחֶלֶת שֶׁל הֶקְדֵּשׁ — מוֹעֲלִין בָּהּ, וְשַׁלְהֶבֶת — לֹא נֶהֱנִין, וְלֹא מוֹעֲלִין. הַמּוֹצִיא גַּחֶלֶת לִרְשׁוּת הָרַבִּים — חַיָּיב, וְשַׁלְהֶבֶת — פָּטוּר.

MISHNA: A coal that one borrowed from another on the Festival is as the feet of the owner, and it may be carried on the Festival to any place where its owner may walk. Since it has substance, it is associated with its owner. But a flame that one lit from another’s flame may be taken anywhere, as it has no substance. This essential difference between a coal and a flame has additional halakhic ramifications: If one uses a coal of consecrated property for a non-consecrated purpose, he is liable for misuse of consecrated property, since it has substance. But if one uses a consecrated flame, although according to rabbinic law one may not derive benefit from it ab initio, if one did benefit from it, he is not liable for misuse, since it does not have substance. Similarly, one who takes out a coal from a private domain to the public domain on Shabbat is liable for the prohibited labor of carrying, but one who takes out a flame is exempt.

גְּמָ׳ תָּנוּ רַבָּנַן: חֲמִשָּׁה דְּבָרִים נֶאֶמְרוּ בַּגַּחֶלֶת: הַגַּחֶלֶת כְּרַגְלֵי הַבְּעָלִים, וְשַׁלְהֶבֶת בְּכׇל מָקוֹם. גַּחֶלֶת שֶׁל הֶקְדֵּשׁ — מוֹעֲלִין בָּהּ, וְשַׁלְהֶבֶת — לֹא נֶהֱנִין וְלֹא מוֹעֲלִין. גַּחֶלֶת שֶׁל עֲבוֹדָה זָרָה — אֲסוּרָה, וְשַׁלְהֶבֶת — מוּתֶּרֶת. הַמּוֹצִיא גַּחֶלֶת לִרְשׁוּת הָרַבִּים — חַיָּיב, וְשַׁלְהֶבֶת — פָּטוּר. הַמּוּדָּר הֲנָאָה מֵחֲבֵירוֹ — אָסוּר בְּגַחַלְתּוֹ, וּמוּתָּר בְּשַׁלְהַבְתּוֹ.

GEMARA: The Sages taught in a Tosefta (Beitza 4:7): Five things were stated with regard to a coal, in relation to the practical halakhic differences between a coal and a flame: (1) Coal is as the feet of the owner with regard to its Festival resting place, whereas a flame may be carried anywhere. (2) One is liable for misusing property consecrated to the Temple with a consecrated coal, whereas with regard to a flame, according to rabbinic law one may not benefit from it, but he is not liable for misusing property consecrated to the Temple. (3) Coal used for idol worship is prohibited for one to benefit from it, whereas from a flame of this sort it is permitted to benefit. (4) One who carries out a coal to the public domain is liable, whereas one who carries out a flame is exempt. (5) One who is prohibited by a vow from deriving benefit from another is prohibited from using his coal, but he is permitted to derive benefit from his flame.

מַאי שְׁנָא שַׁלְהֶבֶת עֲבוֹדָה זָרָה דְּשַׁרְיָא, וּמַאי שְׁנָא דְּהֶקְדֵּשׁ דַּאֲסִירָא? עֲבוֹדָה זָרָה, דִּמְאִיסָה וּבְדִילִי אִינָשֵׁי מִינַּהּ — לָא גְּזַרוּ בַּהּ רַבָּנַן. הֶקְדֵּשׁ, דְּלָא מְאִיס וְלָא בְּדִילִי אִינָשֵׁי מִינֵּיהּ — גְּזַרוּ בֵּיהּ רַבָּנַן.

With regard to the halakhot cited in the baraita above, the Gemara asks: What is different in the case of a flame of idol worship, that one is permitted to use it even ab initio, as the baraita uses the term permitted in that case; and what is different in the case of a consecrated flame, in that it is prohibited to be used ab initio, as the baraita states: One may not benefit from it, but he is not liable for misuse? The Gemara explains: In the case of idol worship, which is repulsive to Jews and from which Jewish people inherently maintain separation, the Sages did not decree additional restrictions with regard to it. However, concerning consecrated property, which is not repulsive and from which people do not inherently maintain separation, in order to prevent its misuse, the Sages did decree with regard to it that it is prohibited to use the flame.

הַמּוֹצִיא גַּחֶלֶת לִרְשׁוּת הָרַבִּים — חַיָּיב, וְשַׁלְהֶבֶת — פָּטוּר. וְהָא תַּנְיָא: הַמּוֹצִיא שַׁלְהֶבֶת כׇּל שֶׁהוּא — חַיָּיב! אָמַר רַב שֵׁשֶׁת: כְּגוֹן שֶׁהוֹצִיאוֹ בְּקֵיסָם.

§ It is taught in the baraita that one who carries out a coal to the public domain is liable, whereas one who carries out a flame is exempt. The Gemara asks: But isn’t it taught in another baraita: One who carries out a flame of any size on Shabbat is liable? Rav Sheshet said: The second baraita is referring to a case where one carried out the flame along with a wooden chip. Since the flame is attached to a physical object, it is considered significant.

וְתִיפּוֹק לֵיהּ מִשּׁוּם קֵיסָם! בִּדְלֵית לֵיהּ שִׁעוּרָא. דִּתְנַן: הַמּוֹצִיא עֵצִים — כְּדֵי לְבַשֵּׁל בֵּיצָה קַלָּה.

The Gemara raises an objection: But if so, let it derive that one is liable for carrying out in this case due to the wooden chip, and the presence of the flame is irrelevant. The Gemara responds: That baraita speaks of a chip that does not have the minimum measure that determines liability for carrying out, as we learned in a mishna (Shabbat 89b): In the case of one who carries out wood on Shabbat, the measure that determines liability is enough wood to cook an egg of the kind that is the easiest to cook, which is the egg of a chicken. Because the chip is too small to cook an egg, one is not liable for carrying it out, but one is liable for carrying out the flame attached to it.

אַבָּיֵי אָמַר: כְּגוֹן דְּשַׁיְיפֵיהּ [לְ]מָנָא מִשְׁחָא וְאַתְלִי בֵּיהּ נוּרָא. וְתִיפּוֹק לֵיהּ מִשּׁוּם מָנָא? בְּחַסְפָּא.

Abaye said a different scenario: The mishna is referring to a case where one smeared a vessel with oil, and lit a fire on it, and carried out that flame. The Gemara asks: If so, let it derive that one is liable for carrying out in this case due to the vessel itself, and the flame is irrelevant. The Gemara replies: The mishna is referring to a fire lit in an earthenware shard, not in a whole vessel.

וְתִיפּוֹק לֵיהּ מִשּׁוּם חַסְפָּא! בִּדְלֵית לֵיהּ שִׁעוּרָא. דִּתְנַן: חֶרֶס — כְּדֵי לִיתֵּן בֵּין פַּצִּים לַחֲבֵירוֹ, דִּבְרֵי רַבִּי יְהוּדָה.

The Gemara challenges: And nevertheless, let it derive that one is liable for carrying due to the earthenware shard itself. The Gemara answers: It deals with a shard that is not of the minimum measure that determines liability for carrying out, as we learned in a mishna (Shabbat 82a): The measure that determines liability for carrying out earthenware is enough to place between one window frame and another, as small shards of earthenware were sometimes placed between window frames during construction. This is the statement of Rabbi Yehuda.

אֶלָּא הָא דִּתְנַן: הַמּוֹצִיא שַׁלְהֶבֶת פָּטוּר, הֵיכִי מַשְׁכַּחַתְּ לַהּ? כְּגוֹן דְּאַדְּיֵיהּ אַדּוֹיֵי לִרְשׁוּת הָרַבִּים.

The Gemara asks: But if so, if one is liable for carrying it out whenever the flame is attached to an object of substance, that which we learned in the mishna here: One who carries out a flame is exempt, under what circumstances can this case be found? The Gemara answers: The mishna is speaking of a case where one fanned the fire with his hand so that it spread into the public domain without its being attached to any vessel.

מַתְנִי׳ בּוֹר שֶׁל יָחִיד — כְּרַגְלֵי הַיָּחִיד, וְשֶׁל אַנְשֵׁי אוֹתָהּ הָעִיר — כְּרַגְלֵי אַנְשֵׁי אוֹתָהּ הָעִיר, וְשֶׁל עוֹלֵי בָבֶל — כְּרַגְלֵי הַמְמַלֵּא.

MISHNA: With regard to a cistern of an individual, water drawn from it is as the feet of the individual who owns the cistern, and the water may be carried only to those places where its owner is permitted to walk. And water drawn from a cistern belonging jointly to all the people dwelling in a particular town is as the feet of the people of that town. And water drawn from a cistern of those who come up to Eretz Yisrael from Babylonia, i.e., a public cistern, is as the feet of whoever fills his vessel with its water; the water has no defined boundary of its own since it is made available to all.

גְּמָ׳ רָמֵי לֵיהּ רָבָא לְרַב נַחְמָן, תְּנַן: בּוֹר שֶׁל יָחִיד — כְּרַגְלֵי הַיָּחִיד, וּרְמִינְהוּ: נְהָרוֹת הַמּוֹשְׁכִין וּמַעֲיָנוֹת הַנּוֹבְעִין — הֲרֵי הֵן כְּרַגְלֵי כׇּל אָדָם! אָמַר (רָבָא): הָכָא בְּמַאי עָסְקִינַן — בִּמְכוּנָּסִין. וְאִתְּמַר נָמֵי, אָמַר רַבִּי חִיָּיא בַּר אָבִין אָמַר שְׁמוּאֵל: בִּמְכוּנָּסִין.

GEMARA: Rava raised a contradiction to Rav Naḥman: We learned in the mishna that the water of a cistern of an individual is as the feet of the individual; and Rava raised a contradiction from the Tosefta (Beitza 4:8): Water drawn from flowing rivers and flowing springs are as the feet of all people. Rava said: With what are we dealing here in the mishna? With cisterns that contain collected water, not flowing water. And it was also said that Rabbi Ḥiyya bar Avin said that Shmuel said: The mishna applies only to collected water.

וְשֶׁל עוֹלֵי בָבֶל — כְּרַגְלֵי הַמְמַלֵּא. אִתְּמַר: מִילֵּא וְנָתַן לַחֲבֵירוֹ, רַב נַחְמָן אָמַר: כְּרַגְלֵי מִי שֶׁנִּתְמַלְּאוּ לוֹ, רַב שֵׁשֶׁת אָמַר: כְּרַגְלֵי הַמְמַלֵּא.

§ The mishna states: And water drawn from a cistern of those who come up to Eretz Yisrael from Babylonia, i.e., a public cistern, is as the feet of whoever fills his vessel with its water. It was stated that amora’im disagreed with regard to this issue: In the case of one who filled a vessel with water from a public cistern on behalf of another and gave the water to him, Rav Naḥman said: The water is as the feet of the one for whom they were filled; Rav Sheshet said: It is as the feet of the one who filled it.

בְּמַאי קָא מִיפַּלְגִי? מָר סָבַר: בֵּירָא דְהֶפְקֵרָא הוּא, וּמָר סָבַר: בֵּירָא דְשׁוּתָּפֵי הוּא.

The Gemara asks: With regard to what principle do they disagree? The Gemara explains: One Sage, Rav Sheshet, holds that a public cistern is ownerless, and the halakha is that one cannot take possession of ownerless property on behalf of someone else. Therefore, the water belongs to the one who drew it; it is as his feet, and this status does not change even if he subsequently gave it to anyone else. And one Sage, Rav Naḥman, holds that a public cistern is considered jointly owned by all its partners, namely, all of the Jewish people. Therefore, it is possible for one partner to draw water on behalf of another partner, and the drawn water immediately belongs to the person for whom it was drawn.

אֵיתִיבֵיהּ רָבָא לְרַב נַחְמָן: הֲרֵינִי עָלֶיךָ חֵרֶם — הַמּוּדָּר אָסוּר.

Rava raised a challenge to Rav Naḥman from a mishna (Nedarim 47b): One who says to another: I am hereby prohibited to you by force of ḥerem, a kind of vow of prohibition, as objects declared as ḥerem are generally consecrated to the Temple, the one prohibited by the vow, the addressee, is prohibited to derive benefit from the person who made the vow or from his property, as the point of the vow was to prohibit the addressee from deriving any benefit from the one who made the vow.

הֲרֵי אַתָּה עָלַי חֵרֶם — הַנּוֹדֵר אָסוּר. הֲרֵינִי עָלֶיךָ וְאַתָּה עָלַי — שְׁנֵיהֶם אֲסוּרִים זֶה בָּזֶה, וּמוּתָּרִין בְּשֶׁל עוֹלֵי בָבֶל, וַאֲסוּרִין בְּשֶׁל אוֹתָהּ הָעִיר.

If he said to him: You are hereby prohibited to me by force of ḥerem, the one making the vow is himself prohibited to derive benefit from the addressee or from his property. If he said to him: I am hereby prohibited to you and you to me by force of ḥerem, they are both prohibited to benefit from one another. And they are permitted to benefit from anything belonging to those who come up from Babylonia, i.e., public property that is not owned by any person or group, but they are prohibited to benefit from property that is jointly owned by the inhabitants of that city, as both parties have a share in such items.

וְאֵלּוּ הֵן דְּבָרִים שֶׁל עוֹלֵי בָבֶל: הַר הַבַּיִת, הַלְּשָׁכוֹת וְהָעֲזָרוֹת, וּבוֹר שֶׁל אֶמְצַע הַדֶּרֶךְ. וְאֵלּוּ הֵן שֶׁל אוֹתָהּ הָעִיר: הָרְחוֹב, וּבֵית הַכְּנֶסֶת, וּבֵית הַמֶּרְחָץ.

That mishna provides examples: And the following are items of those coming up from Babylonia, i.e., publicly owned items: The Temple Mount, the chambers, and the courtyards on the Temple Mount, and a cistern situated in the middle of the road. And these are items jointly owned by the inhabitants of that city: The street, and the synagogue, and the bathhouse.

וְאִי אָמְרַתְּ בֵּירָא דְשׁוּתָּפֵי הוּא, אַמַּאי מוּתָּר? וְהָתְנַן: הַשּׁוּתָּפִין שֶׁנָּדְרוּ הֲנָאָה זֶה מִזֶּה — אֲסוּרִים לִיכָּנֵס לֶחָצֵר לִרְחוֹץ בַּבּוֹר!

Rava, having cited the mishna in full, concludes his challenge to the opinion of Rav Naḥman: And if you say that a cistern of those who come up from Babylonia, a public cistern, is owned jointly by partners, i.e., by all Jews, why should it be permitted for the one who made the vow and the addressee to use it? But didn’t we learn in a mishna (Nedarim 45b): Two partners who took a vow not to derive benefit from one another are prohibited to enter a joint courtyard in which they both have a share to wash themselves in a cistern. According to you, the same should apply to a cistern in which the two of them have a share, such as the cisterns of those who come up from Babylonia.

לִרְחוֹץ הָכִי נָמֵי, וְהָכָא בְּמַאי עָסְקִינַן — לְמַלּאוֹת, מָר מִדִּידֵיהּ קָא מְמַלֵּא וּמַר מִדִּידֵיהּ קָא מְמַלֵּא.

Rav Naḥman answered: Indeed that is the case. So too, they are prohibited to wash themselves in a cistern because when bathing one uses of all the water of the cistern, part of which belongs to the forbidden partner. But when the baraita says that a cistern of those who come up from Babylonia is permitted to both parties, with what are we dealing here? The baraita is referring only to filling water from the cistern. This is permitted because it is considered that this one fills from his portion, and that one fills from his portion. The water that each of them draws is considered retroactively designated exclusively for him, so that the partner has no share in it at all.

וְסָבַר רַב נַחְמָן יֵשׁ בְּרֵירָה? וְהָתְנַן: הָאַחִין הַשּׁוּתָּפִין, כְּשֶׁחַיָּיבִין בַּקָּלְבּוֹן — פְּטוּרִין מִמַּעְשַׂר בְּהֵמָה.

The Gemara asks: And does Rav Naḥman hold that there is retroactive designation? But didn’t we learn in a mishna (Shekalim 1:7): If brothers divided up inherited property among themselves and subsequently joined their property again and became partners, they are obligated to add a kalbon, a small coin, to the obligatory half-shekel yearly Temple donation. The kalbon covered both the cost to the Temple of exchanging half-shekels into larger coins and the depreciation of the donated coin. Although a whole shekel given by two partners does not need to be changed into a larger coin, the Sages imposed the same kalbon fee on the partners as on everyone else. However, these partners are exempt from the animal tithe, in accordance with the standard halakha that people who own animals in partnership are exempt from the animal tithe.

וּכְשֶׁחַיָּיבִין בְּמַעְשַׂר בְּהֵמָה — פְּטוּרִין מִן הַקָּלְבּוֹן.

The quote from the mishna continues: And in a situation in which the brothers are liable for the animal tithe, as when they have not yet divided up their inheritance, and all the deceased’s estate is therefore still considered a single unit and not a partnership, they are exempt from the kalbon, in accordance with the halakha that a father who contributes a single shekel for his two dependent sons does not need to add the kalbon.

וְאָמַר רַב עָנָן: לֹא שָׁנוּ אֶלָּא שֶׁחָלְקוּ גְּדָיִם כְּנֶגֶד טְלָאִים וּטְלָאִים כְּנֶגֶד גְּדָיִם.

And Rav Anan said: The Sages taught that the inherited property is no longer considered a single unit after the brothers divided it and then rejoined in a partnership only when they divided kids against lambs or lambs against kids, i.e., if one brother took kids and the other took a corresponding value of lambs. This kind of division is considered a commercial transaction, with one brother purchasing goats and paying for them with lambs and vice versa. Therefore, when they join their animals again as partners, it is considered an entirely new partnership.

אֲבָל חָלְקוּ גְּדָיִם כְּנֶגֶד גְּדָיִם וּטְלָאִים כְּנֶגֶד טְלָאִים, אוֹמֵר: זֶהוּ חֶלְקוֹ הַמַּגִּיעוֹ מִשָּׁעָה רִאשׁוֹנָה לְכָךְ.

However, if they divided kids against kids and lambs against lambs, meaning that each brother took an equal portion of each of the items they inherited, one can say of each brother’s portion: This is his portion destined to reach him from the first moment, from the time of the death of the deceased. If the brothers form their partnership again, the inheritance becomes a single unit again, and they are therefore obligated in the animal tithe and exempt from the kalbon.

וְרַב נַחְמָן אָמַר: אֲפִילּוּ חָלְקוּ גְּדָיִם כְּנֶגֶד גְּדָיִם וּטְלָאִים כְּנֶגֶד טְלָאִים — אֵין אוֹמֵר: זֶה חֶלְקוֹ הַמַּגִּיעוֹ מִשָּׁעָה רִאשׁוֹנָה לְכָךְ.

But Rav Naḥman said: Even if they divided kids against kids and lambs against lambs, one does not say that this is his portion destined to reach him from the first moment. This is because Rav Naḥman does not accept the principle of retroactive designation. Consequently, the resolution proposed previously for the issue of filling water from the cistern of those who come up from Babylonia is invalid.

אֶלָּא דְּכוּלֵּי עָלְמָא בֵּירָא דְהֶפְקֵרָא הִיא, אֶלָּא הָכָא בְּמַגְבִּיהַּ מְצִיאָה לַחֲבֵירוֹ קָא מִיפַּלְגִי. מָר סָבַר: קָנָה, וּמָר סָבַר: לָא קָנָה.

The Gemara retracts its previous explanation of the disagreement between Rava and Rav Naḥman: Rather, everyone agrees that a cistern of those who come up from Babylonia, i.e., a public cistern, is an ownerless cistern, but here they disagree over a different issue: One who picks up a found article intending to acquire it on behalf of his friend. One Sage, Rav Naḥman, holds that if one picks up a found object on behalf of his friend, his friend acquires it through this act as though he had picked it up himself. The water of the ownerless cistern is like a found object. Therefore, if one draws water on behalf of another, the latter acquires it, and consequently the water is as his feet. And one Sage, Rav Sheshet, holds that when one picks up a found object for another, the latter does not acquire it. Rather, it belongs to the one who actually picked it up, and consequently the water is as the feet of the one who draws it.

מַתְנִי׳ מִי שֶׁהָיוּ פֵּירוֹתָיו בְּעִיר אַחֶרֶת וְעֵרְבוּ בְּנֵי אוֹתָהּ הָעִיר לְהָבִיא אֶצְלוֹ מִפֵּירוֹתָיו — לֹא יָבִיאוּ לוֹ. וְאִם עֵרַב הוּא — פֵּירוֹתָיו כָּמוֹהוּ.

MISHNA: With regard to one who had produce in a different city beyond the Shabbat limit, and the residents of that city where the produce was located joined the Shabbat boundaries, enabling them to reach the owner’s home on the Festival, and they wish to bring him some of his produce, they may not bring it to him. His produce is as his feet; since it is outside of his Shabbat limit, it may not be taken from its place. However, if the owner placed an eiruv to enable travel to that city, the legal status of his produce is like his status with regard to the Shabbat limit. People from that city who also placed an eiruv may bring the produce to him, since he himself may walk to the produce and take it.

Today’s daily daf tools:

Delve Deeper

Broaden your understanding of the topics on this daf with classes and podcasts from top women Talmud scholars.

For the Beyond the Daf shiurim offered in Hebrew, see here.

New to Talmud?

Check out our resources designed to help you navigate a page of Talmud – and study at the pace, level and style that fits you. 

The Hadran Women’s Tapestry

Meet the diverse women learning Gemara at Hadran and hear their stories. 

I began my journey with Rabbanit Michelle more than five years ago. My friend came up with a great idea for about 15 of us to learn the daf and one of us would summarize weekly what we learned.
It was fun but after 2-3 months people began to leave. I have continued. Since the cycle began Again I have joined the Teaneck women.. I find it most rewarding in so many ways. Thank you

Dena Heller
Dena Heller

New Jersey, United States

I started my journey on the day I realized that the Siyum was happening in Yerushalayim and I was missing out. What? I told myself. How could I have not known about this? How can I have missed out on this opportunity? I decided that moment, I would start Daf Yomi and Nach Yomi the very next day. I am so grateful to Hadran. I am changed forever because I learn Gemara with women. Thank you.

Linda Brownstein
Linda Brownstein

Mitspe, Israel

A few years back, after reading Ilana Kurshan’s book, “If All The Seas Were Ink,” I began pondering the crazy, outlandish idea of beginning the Daf Yomi cycle. Beginning in December, 2019, a month before the previous cycle ended, I “auditioned” 30 different podcasts in 30 days, and ultimately chose to take the plunge with Hadran and Rabbanit Michelle. Such joy!

Cindy Dolgin
Cindy Dolgin

HUNTINGTON, United States

The first month I learned Daf Yomi by myself in secret, because I wasn’t sure how my husband would react, but after the siyyum on Masechet Brachot I discovered Hadran and now sometimes my husband listens to the daf with me. He and I also learn mishnayot together and are constantly finding connections between the different masechtot.

Laura Warshawsky
Laura Warshawsky

Silver Spring, Maryland, United States

I started Daf during the pandemic. I listened to a number of podcasts by various Rebbeim until one day, I discovered Rabbanit Farbers podcast. Subsequently I joined the Hadran family in Eruvin. Not the easiest place to begin, Rabbanit Farber made it all understandable and fun. The online live group has bonded together and have really become a supportive, encouraging family.

Leah Goldford
Leah Goldford

Edmonton, Alberta, Canada

I had dreamed of doing daf yomi since I had my first serious Talmud class 18 years ago at Pardes with Rahel Berkovitz, and then a couple of summers with Leah Rosenthal. There is no way I would be able to do it without another wonderful teacher, Michelle, and the Hadran organization. I wake up and am excited to start each day with the next daf.

Beth Elster
Beth Elster

Irvine, United States

I have joined the community of daf yomi learners at the start of this cycle. I have studied in different ways – by reading the page, translating the page, attending a local shiur and listening to Rabbanit Farber’s podcasts, depending on circumstances and where I was at the time. The reactions have been positive throughout – with no exception!

Silke Goldberg
Silke Goldberg

Guildford, United Kingdom

I began my journey two years ago at the beginning of this cycle of the daf yomi. It has been an incredible, challenging experience and has given me a new perspective of Torah Sh’baal Peh and the role it plays in our lives

linda kalish-marcus
linda kalish-marcus

Efrat, Israel

I started learning at the beginning of this Daf Yomi cycle because I heard a lot about the previous cycle coming to an end and thought it would be a good thing to start doing. My husband had already bought several of the Koren Talmud Bavli books and they were just sitting on the shelf, not being used, so here was an opportunity to start using them and find out exactly what was in them. Loving it!

Caroline Levison
Caroline Levison

Borehamwood, United Kingdom

I learned daf more off than on 40 years ago. At the beginning of the current cycle, I decided to commit to learning daf regularly. Having Rabanit Michelle available as a learning partner has been amazing. Sometimes I learn with Hadran, sometimes with my husband, and sometimes on my own. It’s been fun to be part of an extended learning community.

Miriam Pollack
Miriam Pollack

Honolulu, Hawaii, United States

I learned daf more off than on 40 years ago. At the beginning of the current cycle, I decided to commit to learning daf regularly. Having Rabanit Michelle available as a learning partner has been amazing. Sometimes I learn with Hadran, sometimes with my husband, and sometimes on my own. It’s been fun to be part of an extended learning community.

Miriam Pollack
Miriam Pollack

Honolulu, Hawaii, United States

It has been a pleasure keeping pace with this wonderful and scholarly group of women.

Janice Block
Janice Block

Beit Shemesh, Israel

I learned Talmud as a student in Yeshivat Ramaz and felt at the time that Talmud wasn’t for me. After reading Ilana Kurshan’s book I was intrigued and after watching the great siyum in Yerushalayim it ignited the spark to begin this journey. It has been a transformative life experience for me as a wife, mother, Savta and member of Klal Yisrael.
Elana Storch
Elana Storch

Phoenix, Arizona, United States

My curiosity was peaked after seeing posts about the end of the last cycle. I am always looking for opportunities to increase my Jewish literacy & I am someone that is drawn to habit and consistency. Dinnertime includes a “Guess what I learned on the daf” segment for my husband and 18 year old twins. I also love the feelings of connection with my colleagues who are also learning.

Diana Bloom
Diana Bloom

Tampa, United States

I started Daf during the pandemic. I listened to a number of podcasts by various Rebbeim until one day, I discovered Rabbanit Farbers podcast. Subsequently I joined the Hadran family in Eruvin. Not the easiest place to begin, Rabbanit Farber made it all understandable and fun. The online live group has bonded together and have really become a supportive, encouraging family.

Leah Goldford
Leah Goldford

Edmonton, Alberta, Canada

My first Talmud class experience was a weekly group in 1971 studying Taanit. In 2007 I resumed Talmud study with a weekly group I continue learning with. January 2020, I was inspired to try learning Daf Yomi. A friend introduced me to Daf Yomi for Women and Rabbanit Michelle Farber, I have kept with this program and look forward, G- willing, to complete the entire Shas with Hadran.
Lorri Lewis
Lorri Lewis

Palo Alto, CA, United States

After reading the book, “ If All The Seas Were Ink “ by Ileana Kurshan I started studying Talmud. I searched and studied with several teachers until I found Michelle Farber. I have been studying with her for two years. I look forward every day to learn from her.

Janine Rubens
Janine Rubens

Virginia, United States

I started learning Gemara at the Yeshivah of Flatbush. And I resumed ‘ברוך ה decades later with Rabbanit Michele at Hadran. I started from Brachot and have had an exciting, rewarding experience throughout seder Moed!

Anne Mirsky (1)
Anne Mirsky

Maale Adumim, Israel

I started learning Jan 2020 when I heard the new cycle was starting. I had tried during the last cycle and didn’t make it past a few weeks. Learning online from old men didn’t speak to my soul and I knew Talmud had to be a soul journey for me. Enter Hadran! Talmud from Rabbanit Michelle Farber from a woman’s perspective, a mother’s perspective and a modern perspective. Motivated to continue!

Keren Carter
Keren Carter

Brentwood, California, United States

I started learning Dec 2019 after reading “If all the Seas Were Ink”. I found
Daily daf sessions of Rabbanit Michelle in her house teaching, I then heard about the siyum and a new cycle starting wow I am in! Afternoon here in Sydney, my family and friends know this is my sacred time to hide away to live zoom and learn. Often it’s hard to absorb and relate then a gem shines touching my heart.

Dianne Kuchar
Dianne Kuchar

Dover Heights, Australia

Beitzah 39

וְרַב אָשֵׁי אָמַר: מִשּׁוּם דְּהָוֵי לֵיהּ דָּבָר שֶׁיֵּשׁ לוֹ מַתִּירִין, וְכׇל דָּבָר שֶׁיֵּשׁ לוֹ מַתִּירִין — אֲפִילּוּ בְּאֶלֶף לֹא בָּטֵיל.

And Rav Ashi said a different explanation as to why the spices, water, and salt are not subject to nullification: It is because any one of these ingredients is an object whose prohibition is temporary, as the prohibition against their being taken out of the Shabbat limits lapses once the Festival has passed, and the general principle is that anything whose prohibition is temporary cannot become nullified, even by one part in one thousand.

רַבִּי יְהוּדָה פּוֹטֵר בַּמַּיִם. מַיִם אִין, מֶלַח לָא? וְהָא תַּנְיָא, רַבִּי יְהוּדָה אוֹמֵר: מַיִם וָמֶלַח בְּטֵלִין בֵּין בָּעִיסָּה בֵּין בַּקְּדֵרָה! לָא קַשְׁיָא: הָא — בְּמֶלַח סְדוֹמִית, הָא — בְּמֶלַח אִסְתְּרוֹקָנִית.

§ It is taught in a mishna: Rabbi Yehuda exempts one from travel limitations in the case of water. The Gemara asks: Does this mean to imply that water, yes, it is exempted by Rabbi Yehuda, but salt, no, it is not? But isn’t it taught in a baraita: Rabbi Yehuda says: Water and salt are both nullified, whether in a dough or in a pot of cooked food. The Gemara answers: This is not difficult. In this case of the mishna, the reference is to salt of Sodom, which is quite coarse and does not blend in easily with the dough, and, being noticeable in the final product, is not nullified. In that case of the baraita, the reference is to a type of fine salt known as isterokanit salt. Consequently, it is not noticeable in the final product and can be nullified.

וְהָתַנְיָא, רַבִּי יְהוּדָה אוֹמֵר: מַיִם וָמֶלַח בְּטֵלִין בָּעִיסָּה, וְאֵין בְּטֵלִין בַּקְּדֵרָה מִפְּנֵי רוֹטְבָּהּ! לָא קַשְׁיָא: הָא — בְּעָבָה, הָא — בְּרַכָּה.

The mishna states that according to Rabbi Yehuda water mixed into dough, and presumably into a cooked dish as well, is considered nullified. The Gemara challenges this: But isn’t it taught in a baraita that Rabbi Yehuda says: Water and salt are nullified in dough but not in a pot, due to its sauce. The pot, unlike bread, ends up with liquid in it, so the borrowed water is still recognizable. The Gemara replies: This is not difficult. This case of the mishna, where Rabbi Yehuda says that the water is nullified in the cooked food, is referring to a thick dish that has no liquid sauce. That case of the baraita, in which Rabbi Yehuda said the water is not nullified, is referring to a thin dish with liquid sauce.

מַתְנִי׳ הַגַּחֶלֶת כְּרַגְלֵי הַבְּעָלִים, וְשַׁלְהֶבֶת בְּכׇל מָקוֹם. גַּחֶלֶת שֶׁל הֶקְדֵּשׁ — מוֹעֲלִין בָּהּ, וְשַׁלְהֶבֶת — לֹא נֶהֱנִין, וְלֹא מוֹעֲלִין. הַמּוֹצִיא גַּחֶלֶת לִרְשׁוּת הָרַבִּים — חַיָּיב, וְשַׁלְהֶבֶת — פָּטוּר.

MISHNA: A coal that one borrowed from another on the Festival is as the feet of the owner, and it may be carried on the Festival to any place where its owner may walk. Since it has substance, it is associated with its owner. But a flame that one lit from another’s flame may be taken anywhere, as it has no substance. This essential difference between a coal and a flame has additional halakhic ramifications: If one uses a coal of consecrated property for a non-consecrated purpose, he is liable for misuse of consecrated property, since it has substance. But if one uses a consecrated flame, although according to rabbinic law one may not derive benefit from it ab initio, if one did benefit from it, he is not liable for misuse, since it does not have substance. Similarly, one who takes out a coal from a private domain to the public domain on Shabbat is liable for the prohibited labor of carrying, but one who takes out a flame is exempt.

גְּמָ׳ תָּנוּ רַבָּנַן: חֲמִשָּׁה דְּבָרִים נֶאֶמְרוּ בַּגַּחֶלֶת: הַגַּחֶלֶת כְּרַגְלֵי הַבְּעָלִים, וְשַׁלְהֶבֶת בְּכׇל מָקוֹם. גַּחֶלֶת שֶׁל הֶקְדֵּשׁ — מוֹעֲלִין בָּהּ, וְשַׁלְהֶבֶת — לֹא נֶהֱנִין וְלֹא מוֹעֲלִין. גַּחֶלֶת שֶׁל עֲבוֹדָה זָרָה — אֲסוּרָה, וְשַׁלְהֶבֶת — מוּתֶּרֶת. הַמּוֹצִיא גַּחֶלֶת לִרְשׁוּת הָרַבִּים — חַיָּיב, וְשַׁלְהֶבֶת — פָּטוּר. הַמּוּדָּר הֲנָאָה מֵחֲבֵירוֹ — אָסוּר בְּגַחַלְתּוֹ, וּמוּתָּר בְּשַׁלְהַבְתּוֹ.

GEMARA: The Sages taught in a Tosefta (Beitza 4:7): Five things were stated with regard to a coal, in relation to the practical halakhic differences between a coal and a flame: (1) Coal is as the feet of the owner with regard to its Festival resting place, whereas a flame may be carried anywhere. (2) One is liable for misusing property consecrated to the Temple with a consecrated coal, whereas with regard to a flame, according to rabbinic law one may not benefit from it, but he is not liable for misusing property consecrated to the Temple. (3) Coal used for idol worship is prohibited for one to benefit from it, whereas from a flame of this sort it is permitted to benefit. (4) One who carries out a coal to the public domain is liable, whereas one who carries out a flame is exempt. (5) One who is prohibited by a vow from deriving benefit from another is prohibited from using his coal, but he is permitted to derive benefit from his flame.

מַאי שְׁנָא שַׁלְהֶבֶת עֲבוֹדָה זָרָה דְּשַׁרְיָא, וּמַאי שְׁנָא דְּהֶקְדֵּשׁ דַּאֲסִירָא? עֲבוֹדָה זָרָה, דִּמְאִיסָה וּבְדִילִי אִינָשֵׁי מִינַּהּ — לָא גְּזַרוּ בַּהּ רַבָּנַן. הֶקְדֵּשׁ, דְּלָא מְאִיס וְלָא בְּדִילִי אִינָשֵׁי מִינֵּיהּ — גְּזַרוּ בֵּיהּ רַבָּנַן.

With regard to the halakhot cited in the baraita above, the Gemara asks: What is different in the case of a flame of idol worship, that one is permitted to use it even ab initio, as the baraita uses the term permitted in that case; and what is different in the case of a consecrated flame, in that it is prohibited to be used ab initio, as the baraita states: One may not benefit from it, but he is not liable for misuse? The Gemara explains: In the case of idol worship, which is repulsive to Jews and from which Jewish people inherently maintain separation, the Sages did not decree additional restrictions with regard to it. However, concerning consecrated property, which is not repulsive and from which people do not inherently maintain separation, in order to prevent its misuse, the Sages did decree with regard to it that it is prohibited to use the flame.

הַמּוֹצִיא גַּחֶלֶת לִרְשׁוּת הָרַבִּים — חַיָּיב, וְשַׁלְהֶבֶת — פָּטוּר. וְהָא תַּנְיָא: הַמּוֹצִיא שַׁלְהֶבֶת כׇּל שֶׁהוּא — חַיָּיב! אָמַר רַב שֵׁשֶׁת: כְּגוֹן שֶׁהוֹצִיאוֹ בְּקֵיסָם.

§ It is taught in the baraita that one who carries out a coal to the public domain is liable, whereas one who carries out a flame is exempt. The Gemara asks: But isn’t it taught in another baraita: One who carries out a flame of any size on Shabbat is liable? Rav Sheshet said: The second baraita is referring to a case where one carried out the flame along with a wooden chip. Since the flame is attached to a physical object, it is considered significant.

וְתִיפּוֹק לֵיהּ מִשּׁוּם קֵיסָם! בִּדְלֵית לֵיהּ שִׁעוּרָא. דִּתְנַן: הַמּוֹצִיא עֵצִים — כְּדֵי לְבַשֵּׁל בֵּיצָה קַלָּה.

The Gemara raises an objection: But if so, let it derive that one is liable for carrying out in this case due to the wooden chip, and the presence of the flame is irrelevant. The Gemara responds: That baraita speaks of a chip that does not have the minimum measure that determines liability for carrying out, as we learned in a mishna (Shabbat 89b): In the case of one who carries out wood on Shabbat, the measure that determines liability is enough wood to cook an egg of the kind that is the easiest to cook, which is the egg of a chicken. Because the chip is too small to cook an egg, one is not liable for carrying it out, but one is liable for carrying out the flame attached to it.

אַבָּיֵי אָמַר: כְּגוֹן דְּשַׁיְיפֵיהּ [לְ]מָנָא מִשְׁחָא וְאַתְלִי בֵּיהּ נוּרָא. וְתִיפּוֹק לֵיהּ מִשּׁוּם מָנָא? בְּחַסְפָּא.

Abaye said a different scenario: The mishna is referring to a case where one smeared a vessel with oil, and lit a fire on it, and carried out that flame. The Gemara asks: If so, let it derive that one is liable for carrying out in this case due to the vessel itself, and the flame is irrelevant. The Gemara replies: The mishna is referring to a fire lit in an earthenware shard, not in a whole vessel.

וְתִיפּוֹק לֵיהּ מִשּׁוּם חַסְפָּא! בִּדְלֵית לֵיהּ שִׁעוּרָא. דִּתְנַן: חֶרֶס — כְּדֵי לִיתֵּן בֵּין פַּצִּים לַחֲבֵירוֹ, דִּבְרֵי רַבִּי יְהוּדָה.

The Gemara challenges: And nevertheless, let it derive that one is liable for carrying due to the earthenware shard itself. The Gemara answers: It deals with a shard that is not of the minimum measure that determines liability for carrying out, as we learned in a mishna (Shabbat 82a): The measure that determines liability for carrying out earthenware is enough to place between one window frame and another, as small shards of earthenware were sometimes placed between window frames during construction. This is the statement of Rabbi Yehuda.

אֶלָּא הָא דִּתְנַן: הַמּוֹצִיא שַׁלְהֶבֶת פָּטוּר, הֵיכִי מַשְׁכַּחַתְּ לַהּ? כְּגוֹן דְּאַדְּיֵיהּ אַדּוֹיֵי לִרְשׁוּת הָרַבִּים.

The Gemara asks: But if so, if one is liable for carrying it out whenever the flame is attached to an object of substance, that which we learned in the mishna here: One who carries out a flame is exempt, under what circumstances can this case be found? The Gemara answers: The mishna is speaking of a case where one fanned the fire with his hand so that it spread into the public domain without its being attached to any vessel.

מַתְנִי׳ בּוֹר שֶׁל יָחִיד — כְּרַגְלֵי הַיָּחִיד, וְשֶׁל אַנְשֵׁי אוֹתָהּ הָעִיר — כְּרַגְלֵי אַנְשֵׁי אוֹתָהּ הָעִיר, וְשֶׁל עוֹלֵי בָבֶל — כְּרַגְלֵי הַמְמַלֵּא.

MISHNA: With regard to a cistern of an individual, water drawn from it is as the feet of the individual who owns the cistern, and the water may be carried only to those places where its owner is permitted to walk. And water drawn from a cistern belonging jointly to all the people dwelling in a particular town is as the feet of the people of that town. And water drawn from a cistern of those who come up to Eretz Yisrael from Babylonia, i.e., a public cistern, is as the feet of whoever fills his vessel with its water; the water has no defined boundary of its own since it is made available to all.

גְּמָ׳ רָמֵי לֵיהּ רָבָא לְרַב נַחְמָן, תְּנַן: בּוֹר שֶׁל יָחִיד — כְּרַגְלֵי הַיָּחִיד, וּרְמִינְהוּ: נְהָרוֹת הַמּוֹשְׁכִין וּמַעֲיָנוֹת הַנּוֹבְעִין — הֲרֵי הֵן כְּרַגְלֵי כׇּל אָדָם! אָמַר (רָבָא): הָכָא בְּמַאי עָסְקִינַן — בִּמְכוּנָּסִין. וְאִתְּמַר נָמֵי, אָמַר רַבִּי חִיָּיא בַּר אָבִין אָמַר שְׁמוּאֵל: בִּמְכוּנָּסִין.

GEMARA: Rava raised a contradiction to Rav Naḥman: We learned in the mishna that the water of a cistern of an individual is as the feet of the individual; and Rava raised a contradiction from the Tosefta (Beitza 4:8): Water drawn from flowing rivers and flowing springs are as the feet of all people. Rava said: With what are we dealing here in the mishna? With cisterns that contain collected water, not flowing water. And it was also said that Rabbi Ḥiyya bar Avin said that Shmuel said: The mishna applies only to collected water.

וְשֶׁל עוֹלֵי בָבֶל — כְּרַגְלֵי הַמְמַלֵּא. אִתְּמַר: מִילֵּא וְנָתַן לַחֲבֵירוֹ, רַב נַחְמָן אָמַר: כְּרַגְלֵי מִי שֶׁנִּתְמַלְּאוּ לוֹ, רַב שֵׁשֶׁת אָמַר: כְּרַגְלֵי הַמְמַלֵּא.

§ The mishna states: And water drawn from a cistern of those who come up to Eretz Yisrael from Babylonia, i.e., a public cistern, is as the feet of whoever fills his vessel with its water. It was stated that amora’im disagreed with regard to this issue: In the case of one who filled a vessel with water from a public cistern on behalf of another and gave the water to him, Rav Naḥman said: The water is as the feet of the one for whom they were filled; Rav Sheshet said: It is as the feet of the one who filled it.

בְּמַאי קָא מִיפַּלְגִי? מָר סָבַר: בֵּירָא דְהֶפְקֵרָא הוּא, וּמָר סָבַר: בֵּירָא דְשׁוּתָּפֵי הוּא.

The Gemara asks: With regard to what principle do they disagree? The Gemara explains: One Sage, Rav Sheshet, holds that a public cistern is ownerless, and the halakha is that one cannot take possession of ownerless property on behalf of someone else. Therefore, the water belongs to the one who drew it; it is as his feet, and this status does not change even if he subsequently gave it to anyone else. And one Sage, Rav Naḥman, holds that a public cistern is considered jointly owned by all its partners, namely, all of the Jewish people. Therefore, it is possible for one partner to draw water on behalf of another partner, and the drawn water immediately belongs to the person for whom it was drawn.

אֵיתִיבֵיהּ רָבָא לְרַב נַחְמָן: הֲרֵינִי עָלֶיךָ חֵרֶם — הַמּוּדָּר אָסוּר.

Rava raised a challenge to Rav Naḥman from a mishna (Nedarim 47b): One who says to another: I am hereby prohibited to you by force of ḥerem, a kind of vow of prohibition, as objects declared as ḥerem are generally consecrated to the Temple, the one prohibited by the vow, the addressee, is prohibited to derive benefit from the person who made the vow or from his property, as the point of the vow was to prohibit the addressee from deriving any benefit from the one who made the vow.

הֲרֵי אַתָּה עָלַי חֵרֶם — הַנּוֹדֵר אָסוּר. הֲרֵינִי עָלֶיךָ וְאַתָּה עָלַי — שְׁנֵיהֶם אֲסוּרִים זֶה בָּזֶה, וּמוּתָּרִין בְּשֶׁל עוֹלֵי בָבֶל, וַאֲסוּרִין בְּשֶׁל אוֹתָהּ הָעִיר.

If he said to him: You are hereby prohibited to me by force of ḥerem, the one making the vow is himself prohibited to derive benefit from the addressee or from his property. If he said to him: I am hereby prohibited to you and you to me by force of ḥerem, they are both prohibited to benefit from one another. And they are permitted to benefit from anything belonging to those who come up from Babylonia, i.e., public property that is not owned by any person or group, but they are prohibited to benefit from property that is jointly owned by the inhabitants of that city, as both parties have a share in such items.

וְאֵלּוּ הֵן דְּבָרִים שֶׁל עוֹלֵי בָבֶל: הַר הַבַּיִת, הַלְּשָׁכוֹת וְהָעֲזָרוֹת, וּבוֹר שֶׁל אֶמְצַע הַדֶּרֶךְ. וְאֵלּוּ הֵן שֶׁל אוֹתָהּ הָעִיר: הָרְחוֹב, וּבֵית הַכְּנֶסֶת, וּבֵית הַמֶּרְחָץ.

That mishna provides examples: And the following are items of those coming up from Babylonia, i.e., publicly owned items: The Temple Mount, the chambers, and the courtyards on the Temple Mount, and a cistern situated in the middle of the road. And these are items jointly owned by the inhabitants of that city: The street, and the synagogue, and the bathhouse.

וְאִי אָמְרַתְּ בֵּירָא דְשׁוּתָּפֵי הוּא, אַמַּאי מוּתָּר? וְהָתְנַן: הַשּׁוּתָּפִין שֶׁנָּדְרוּ הֲנָאָה זֶה מִזֶּה — אֲסוּרִים לִיכָּנֵס לֶחָצֵר לִרְחוֹץ בַּבּוֹר!

Rava, having cited the mishna in full, concludes his challenge to the opinion of Rav Naḥman: And if you say that a cistern of those who come up from Babylonia, a public cistern, is owned jointly by partners, i.e., by all Jews, why should it be permitted for the one who made the vow and the addressee to use it? But didn’t we learn in a mishna (Nedarim 45b): Two partners who took a vow not to derive benefit from one another are prohibited to enter a joint courtyard in which they both have a share to wash themselves in a cistern. According to you, the same should apply to a cistern in which the two of them have a share, such as the cisterns of those who come up from Babylonia.

לִרְחוֹץ הָכִי נָמֵי, וְהָכָא בְּמַאי עָסְקִינַן — לְמַלּאוֹת, מָר מִדִּידֵיהּ קָא מְמַלֵּא וּמַר מִדִּידֵיהּ קָא מְמַלֵּא.

Rav Naḥman answered: Indeed that is the case. So too, they are prohibited to wash themselves in a cistern because when bathing one uses of all the water of the cistern, part of which belongs to the forbidden partner. But when the baraita says that a cistern of those who come up from Babylonia is permitted to both parties, with what are we dealing here? The baraita is referring only to filling water from the cistern. This is permitted because it is considered that this one fills from his portion, and that one fills from his portion. The water that each of them draws is considered retroactively designated exclusively for him, so that the partner has no share in it at all.

וְסָבַר רַב נַחְמָן יֵשׁ בְּרֵירָה? וְהָתְנַן: הָאַחִין הַשּׁוּתָּפִין, כְּשֶׁחַיָּיבִין בַּקָּלְבּוֹן — פְּטוּרִין מִמַּעְשַׂר בְּהֵמָה.

The Gemara asks: And does Rav Naḥman hold that there is retroactive designation? But didn’t we learn in a mishna (Shekalim 1:7): If brothers divided up inherited property among themselves and subsequently joined their property again and became partners, they are obligated to add a kalbon, a small coin, to the obligatory half-shekel yearly Temple donation. The kalbon covered both the cost to the Temple of exchanging half-shekels into larger coins and the depreciation of the donated coin. Although a whole shekel given by two partners does not need to be changed into a larger coin, the Sages imposed the same kalbon fee on the partners as on everyone else. However, these partners are exempt from the animal tithe, in accordance with the standard halakha that people who own animals in partnership are exempt from the animal tithe.

וּכְשֶׁחַיָּיבִין בְּמַעְשַׂר בְּהֵמָה — פְּטוּרִין מִן הַקָּלְבּוֹן.

The quote from the mishna continues: And in a situation in which the brothers are liable for the animal tithe, as when they have not yet divided up their inheritance, and all the deceased’s estate is therefore still considered a single unit and not a partnership, they are exempt from the kalbon, in accordance with the halakha that a father who contributes a single shekel for his two dependent sons does not need to add the kalbon.

וְאָמַר רַב עָנָן: לֹא שָׁנוּ אֶלָּא שֶׁחָלְקוּ גְּדָיִם כְּנֶגֶד טְלָאִים וּטְלָאִים כְּנֶגֶד גְּדָיִם.

And Rav Anan said: The Sages taught that the inherited property is no longer considered a single unit after the brothers divided it and then rejoined in a partnership only when they divided kids against lambs or lambs against kids, i.e., if one brother took kids and the other took a corresponding value of lambs. This kind of division is considered a commercial transaction, with one brother purchasing goats and paying for them with lambs and vice versa. Therefore, when they join their animals again as partners, it is considered an entirely new partnership.

אֲבָל חָלְקוּ גְּדָיִם כְּנֶגֶד גְּדָיִם וּטְלָאִים כְּנֶגֶד טְלָאִים, אוֹמֵר: זֶהוּ חֶלְקוֹ הַמַּגִּיעוֹ מִשָּׁעָה רִאשׁוֹנָה לְכָךְ.

However, if they divided kids against kids and lambs against lambs, meaning that each brother took an equal portion of each of the items they inherited, one can say of each brother’s portion: This is his portion destined to reach him from the first moment, from the time of the death of the deceased. If the brothers form their partnership again, the inheritance becomes a single unit again, and they are therefore obligated in the animal tithe and exempt from the kalbon.

וְרַב נַחְמָן אָמַר: אֲפִילּוּ חָלְקוּ גְּדָיִם כְּנֶגֶד גְּדָיִם וּטְלָאִים כְּנֶגֶד טְלָאִים — אֵין אוֹמֵר: זֶה חֶלְקוֹ הַמַּגִּיעוֹ מִשָּׁעָה רִאשׁוֹנָה לְכָךְ.

But Rav Naḥman said: Even if they divided kids against kids and lambs against lambs, one does not say that this is his portion destined to reach him from the first moment. This is because Rav Naḥman does not accept the principle of retroactive designation. Consequently, the resolution proposed previously for the issue of filling water from the cistern of those who come up from Babylonia is invalid.

אֶלָּא דְּכוּלֵּי עָלְמָא בֵּירָא דְהֶפְקֵרָא הִיא, אֶלָּא הָכָא בְּמַגְבִּיהַּ מְצִיאָה לַחֲבֵירוֹ קָא מִיפַּלְגִי. מָר סָבַר: קָנָה, וּמָר סָבַר: לָא קָנָה.

The Gemara retracts its previous explanation of the disagreement between Rava and Rav Naḥman: Rather, everyone agrees that a cistern of those who come up from Babylonia, i.e., a public cistern, is an ownerless cistern, but here they disagree over a different issue: One who picks up a found article intending to acquire it on behalf of his friend. One Sage, Rav Naḥman, holds that if one picks up a found object on behalf of his friend, his friend acquires it through this act as though he had picked it up himself. The water of the ownerless cistern is like a found object. Therefore, if one draws water on behalf of another, the latter acquires it, and consequently the water is as his feet. And one Sage, Rav Sheshet, holds that when one picks up a found object for another, the latter does not acquire it. Rather, it belongs to the one who actually picked it up, and consequently the water is as the feet of the one who draws it.

מַתְנִי׳ מִי שֶׁהָיוּ פֵּירוֹתָיו בְּעִיר אַחֶרֶת וְעֵרְבוּ בְּנֵי אוֹתָהּ הָעִיר לְהָבִיא אֶצְלוֹ מִפֵּירוֹתָיו — לֹא יָבִיאוּ לוֹ. וְאִם עֵרַב הוּא — פֵּירוֹתָיו כָּמוֹהוּ.

MISHNA: With regard to one who had produce in a different city beyond the Shabbat limit, and the residents of that city where the produce was located joined the Shabbat boundaries, enabling them to reach the owner’s home on the Festival, and they wish to bring him some of his produce, they may not bring it to him. His produce is as his feet; since it is outside of his Shabbat limit, it may not be taken from its place. However, if the owner placed an eiruv to enable travel to that city, the legal status of his produce is like his status with regard to the Shabbat limit. People from that city who also placed an eiruv may bring the produce to him, since he himself may walk to the produce and take it.

Want to follow content and continue where you left off?

Create an account today to track your progress, mark what you’ve learned, and follow the shiurim that speak to you.

Clear all items from this list?

This will remove ALL the items in this section. You will lose any progress or history connected to them. This is irreversible.

Cancel
Yes, clear all

Are you sure you want to delete this item?

You will lose any progress or history connected to this item.

Cancel
Yes, delete