Beitzah 8

Beitzah 8

בְּעָפָר תִּיחוּחַ.

Here it is referring to loose earth that does not require further crushing.

וְהָא קָא עָבֵיד גּוּמָּא! כִּדְרַבִּי אַבָּא. דְּאָמַר רַבִּי אַבָּא: הַחוֹפֵר גּוּמָּא בְּשַׁבָּת, וְאֵינוֹ צָרִיךְ אֶלָּא לַעֲפָרָהּ — פָּטוּר עָלֶיהָ.

The Gemara challenges this: But even in the case of loose earth, one makes a hole by the very act of removing the earth or the shovel from that place. The Gemara answers: This ruling is in accordance with the opinion of Rabbi Abba, as Rabbi Abba said: One who digs a hole on Shabbat, but he needs only its earth and has no interest in forming a pit, is exempt for that act. Since he has no interest in the hole, he is considered to have performed a destructive act, and the halakha is that one who commits a destructive act is not liable for the performance of prohibited labor on Shabbat and Festivals.

שֶׁאֵפֶר כִּירָה מוּכָן הוּא. אֵפֶר כִּירָה מַאן דְּכַר שְׁמֵיהּ? אָמַר רַבָּה, הָכִי קָאָמַר: וְאֵפֶר כִּירָה מוּכָן הוּא.

§ The mishna states: That the ashes of a stove are prepared. The Gemara express puzzlement at this statement: The ashes of a stove, who mentioned anything about it? Why does the mishna suddenly speak about the ashes of a stove when it had not previously discussed or even mentioned them? Rabba said: This is what the tanna said: And the ashes of a stove are prepared. In other words, everyone agrees that in addition to prepared earth, the ashes of a stove are also considered prepared, and one may cover the blood with them. It is not necessary to prepare these ashes especially for this purpose the day before.

אָמַר רַב יְהוּדָה אָמַר רַב: לֹא שָׁנוּ אֶלָּא שֶׁהוּסַּק מֵעֶרֶב יוֹם טוֹב, אֲבָל הוּסַּק בְּיוֹם טוֹב — אָסוּר. וְאִם רָאוּי לִצְלוֹת בּוֹ בֵּיצָה — מוּתָּר.

Rav Yehuda said that Rav said: They only taught that the ashes of a stove are considered prepared if the stove was ignited on the Festival eve, so that the ashes had already formed at the start of the Festival. However, if it was ignited on the Festival itself, the ashes are prohibited. And if the ashes are still hot and fit to roast an egg in them, they are not considered muktze, and therefore it is permitted to use them for covering as well.

תַּנְיָא נָמֵי הָכִי: כְּשֶׁאָמְרוּ אֵפֶר כִּירָה מוּכָן הוּא — לֹא אָמְרוּ אֶלָּא שֶׁהוּסַּק מֵעֶרֶב יוֹם טוֹב, אֲבָל הוּסַּק בְּיוֹם טוֹב — אָסוּר. וְאִם רָאוּי לִצְלוֹת בּוֹ בֵּיצָה — מוּתָּר.

The Gemara comments: That opinion is also taught in a baraita: When they said that the ashes of a stove are prepared, they said so only when it was ignited on the Festival eve; however, if it was ignited on the Festival, they are prohibited. And if the ashes are still hot and fit to roast an egg in them, they are permitted.

הִכְנִיס עָפָר לְגִנָּתוֹ וּלְחוּרְבָּתוֹ — מוּתָּר לְכַסּוֹת בּוֹ. וְאָמַר רַב יְהוּדָה: מַכְנִיס אָדָם מְלֹא קוּפָּתוֹ עָפָר וְעוֹשֶׂה בָּהּ כׇּל צָרְכּוֹ.

The Gemara further states: If before the Festival one brought earth into his garden or his ruin to use for various needs, it is permitted to cover blood with it. And Rav Yehuda likewise said: A person may bring in a basketful of earth the day before the Festival and use both the basket and the earth it contains for all his needs on the Festival.

דָּרֵשׁ מָר זוּטְרָא מִשְּׁמֵיהּ דְּמָר זוּטְרָא רַבָּה: וְהוּא שֶׁיִּיחֵד לוֹ קֶרֶן זָוִית.

With regard to this case, Mar Zutra added and taught in public in the name of Mar Zutra the Great that the application of this halakha is limited: And that is the case only if one designated a corner for this earth, thereby demonstrating that he intends to use it for all his requirements, rather than merely bringing earth in to scatter over the floor of the house. In that case, the dirt is nullified. It is considered part of the floor, which means that it is once again classified as muktze.

מֵיתִיבִי: כּוֹי, אֵין שׁוֹחֲטִין אוֹתוֹ בְּיוֹם טוֹב, וְאִם שְׁחָטוֹ — אֵין מְכַסִּין אֶת דָּמוֹ. וְאִי אִיתָא, לְכַסְּיֵיהּ כִּדְרַב יְהוּדָה!

The Gemara raises an objection against this from a mishna (Bikkurim 4:9): In the case of a koy, a kosher animal with characteristics of both domesticated and non-domesticated animals, one may not slaughter it on a Festival, as it is uncertain whether or not its blood requires covering. And if one did slaughter it, he may not cover its blood. And if it is so, that one may use his basket of earth as he wishes, as claimed by Rav Yehuda, even if a koy is definitely a domesticated animal, let him cover it, in accordance with the opinion of Rav Yehuda.

וּלְטַעְמָיךְ: לְכַסְּיֵיהּ בָּאֵפֶר כִּירָה, אוֹ בְּדָקָר נָעוּץ! אֶלָּא — דְּלֵית לֵיהּ, הָכָא נָמֵי — דְּלֵית לֵיהּ.

The Gemara expresses surprise at this objection: And according to your reasoning, one could equally suggest: Let him cover the blood of the koy with ashes of a stove or with earth dug up with an embedded shovel. Rather, this mishna must be referring to a situation where one does not have prepared earth to use for covering the blood; here too, one can say that he does not have a basket of earth ready for all his needs.

אִי הָכִי מַאי אִירְיָא סָפֵק, אֲפִילּוּ וַדַּאי נָמֵי לָא!

The Gemara asks: If so, if the mishna is referring to a situation where one does not have prepared earth, why discuss specifically the case of a koy, where there is uncertainty whether there is a mitzva to cover its blood? Even in the case of an undomesticated animal, whose blood must certainly be covered, slaughter should also not be permitted, as the halakha is in accordance with the opinion of Beit Hillel that one may not slaughter if he does not have prepared earth.

לָא מִבַּעְיָא קָאָמַר: לָא מִבַּעְיָא וַדַּאי דְּלָא לִשְׁחוֹט, אֲבָל סָפֵק — אֵימָא מִשּׁוּם שִׂמְחַת יוֹם טוֹב לִשְׁחוֹט וְלָא לְכַסְּיֵיהּ, קָא מַשְׁמַע לַן.

The Gemara explains that this baraita is speaking utilizing the style of: It is not necessary, as follows: It is not necessary to state the halakha with regard to definite undomesticated animals and birds, that it is not permitted to slaughter them; however, with regard to an uncertainty, one might say: Due to the joy of the Festival let one slaughter it and not cover its blood, as there is uncertainty whether there is a mitzva to cover its blood, and therefore it is overridden by the mitzva to rejoice on a Festival. The baraita therefore teaches us that one should not slaughter it ab initio if he does not have something prepared with which to cover the blood.

וְהָא מִדְּקָתָנֵי סֵיפָא: וְאִם שְׁחָטוֹ — אֵין מְכַסִּין אֶת דָּמוֹ, מִכְּלָל (דְּרֵישָׁא) בִּדְאִית לֵיהּ עָסְקִינַן!

The Gemara challenges this: From the fact that the latter clause teaches: And if he slaughtered it one may not cover its blood, it may be inferred that in the first clause we are dealing with a situation where he does have something with which to cover the blood. If he does not have anything he can use, why is it necessary to state that one may not cover it? And consequently, if he does in fact have material with which to cover the blood, why may he not do so, either with his basket of earth, in accordance with the opinion of Rabbi Yehuda, or with the ashes of a stove?

אֶלָּא אָמַר רַבָּה: אֵפֶר כִּירָה — מוּכָן לְוַדַּאי וְאֵין מוּכָן לְסָפֵק.

Rather, Rabba said that the ashes of a stove, which the mishna stated are prepared, are prepared only for covering the blood in a case of a definite obligation, but they are not considered prepared for a case of uncertainty. Although his intention was to use these ashes to cover the blood of any animal he slaughters, whether in a definite or an uncertain case, they are nevertheless not considered prepared for an uncertain case.

לְסָפֵק מַאי טַעְמָא לָא — דְּקָא עָבֵיד גּוּמָּא, וַדַּאי נָמֵי קָא עָבֵיד גּוּמָּא! אֶלָּא כִּדְרַבִּי אַבָּא, הָכָא נָמֵי כִּדְרַבִּי אַבָּא!

The Gemara inquires: In a case of uncertainty, what is the reason that the ashes are not considered prepared? If the reason is that one makes a hole in the mound of ashes when he removes part of it for covering, in a definite case he also makes a hole. If it is prohibited to make a hole, that prohibition applies in all cases. Rather, one must say, in accordance with the opinion of Rabbi Abba, that the making of this hole is not considered prohibited labor, as he is merely performing a destructive act. If so, here too, in a case of uncertainty, there should be no cause for concern, in accordance with the opinion of Rabbi Abba.

אֶלָּא: סָפֵק מַאי טַעְמָא — דִּלְמָא עָבֵיד כְּתִישָׁה. וַדַּאי נָמֵי נִגְזוֹר מִשּׁוּם כְּתִישָׁה! וַדַּאי, כִּי קָא עָבֵיד כְּתִישָׁה — אָתֵי עֲשֵׂה וְדָחֵי אֶת לֹא תַעֲשֶׂה.

Rather, the Gemara retracts from the previous suggestion and offers an alternative: With regard to a case of uncertainty, what is the reason that it is prohibited? The reason is that perhaps one will forget and perform crushing with this earth, to ready it for covering. However, the same problem arises as before: If so, we should also decree against covering the blood in a definite case, because he might crush the earth. The Gemara answers: This presents no difficulty, as when one fulfills the mitzva of covering the blood in a definite case, even if he performs crushing, the positive mitzva of covering the blood comes and overrides the prohibition concerning the desecration of a Festival.

אֵימַר דְּאָמְרִינַן אָתֵי עֲשֵׂה וְדָחֵי אֶת לֹא תַעֲשֶׂה כְּגוֹן מִילָה בְּצָרַעַת, אִי נָמֵי סָדִין בְּצִיצִית.

The Gemara challenges this: Say that we said the following principle: A positive mitzva comes and overrides a prohibition in a case such as the circumcision of a child who has leprosy. Cutting off a leprous blemish is a violation of a prohibition. However, if a baby’s foreskin is leprous, it is permitted to cut it off by circumcision. Alternatively, the principle applies to a case of a linen cloak on which woolen ritual fringes are placed, despite the prohibition against wearing diverse kinds, i.e., a mixture of wool and linen.

דִּבְעִידָּנָא דְּקָא מִעֲקַר לָאו — קָא מוֹקֵים לַעֲשֵׂה. הָכָא, בְּעִידָּנָא דְּקָא מִעֲקַר לָאו — לָא מוֹקֵים עֲשֵׂה! הָא לָא קַשְׁיָא, דְּבַהֲדֵי דְּכָתֵישׁ קָא מִכַּסֵּי.

The Gemara explains the difference between those halakhot and the issue at hand. In those cases, at the time that one uproots the prohibition, he fulfills the positive mitzva with the same act. However, here, in the case of covering blood, two separate actions are involved, as at the time that one uproots the prohibition, when he crushes the earth, he does not fulfill the positive mitzva of covering the blood. The Gemara answers: This is not difficult, as it is possible to say that when one crushes the earth, he covers the blood with it; he fulfills the positive mitzva by means of the same action through which he uproots the prohibition.

סוֹף סוֹף, יוֹם טוֹב עֲשֵׂה וְלֹא תַעֲשֶׂה הוּא — וְאֵין עֲשֵׂה דּוֹחֶה אֶת לֹא תַעֲשֶׂה וַעֲשֵׂה!

The Gemara challenges this explanation from a different perspective: Ultimately, a Festival is a mitzva that includes both the positive mitzva of rest and also the prohibition against performing prohibited labor, and there is a principle that a positive mitzva by itself does not override a prohibition and a positive mitzva together.

אֶלָּא אָמַר רָבָא: אֵפֶר כִּירָה דַּעְתּוֹ לְוַדַּאי, וְאֵין דַּעְתּוֹ לְסָפֵק.

Rather, the Gemara rejects the previous explanation, in favor of the following. Rava said: One’s initial intention is to use the ashes of a stove for a mitzva that is definite, and he does not have this intention for cases of uncertainty. One may not use an article on a Festival for a purpose which he did not have in mind beforehand.

וְאַזְדָּא רָבָא לְטַעְמֵיהּ, דְּאָמַר רָבָא: הִכְנִיס עָפָר לְכַסּוֹת בּוֹ צוֹאָה — מוּתָּר לְכַסּוֹת בּוֹ דַּם צִפּוֹר. דַּם צִפּוֹר — אָסוּר לְכַסּוֹת בּוֹ צוֹאָה.

The Gemara comments: And Rava follows his regular line of reasoning in this regard, as Rava said: If one brought in earth in order to cover a baby’s excrement with it on a Festival, it is likewise permitted to cover with it the blood of a slaughtered bird. Since he prepared this earth for a case of uncertainty, as it is possible that the baby will not soil the house, he certainly intended to use it for covering the blood of a bird prepared before the Festival for slaughter. If, however, one prepared the earth at the outset to cover the blood of a bird, it is prohibited to cover excrement with it, as he did not know in advance that he would require the earth for this purpose. He had only definite uses in mind, not possible ones such as covering excrement.

נְהַרְבְּלָאֵי אָמְרִי: אֲפִילּוּ הִכְנִיס עָפָר לְכַסּוֹת בּוֹ דַּם צִפּוֹר — מוּתָּר לְכַסּוֹת בּוֹ צוֹאָה.

The Sages of Neharbela said: Even if one brought in earth to cover the blood of a bird with it, it is permitted to cover excrement with it, as it cannot be said that he did not intend this usage.

אָמְרִי בְּמַעְרְבָא: פְּלִיגִי בַּהּ רַבִּי יוֹסֵי בַּר חָמָא וְרַבִּי זֵירָא, וְאָמְרִי לַהּ רָבָא בְּרֵיהּ דְּרַב יוֹסֵף בַּר חָמָא וְרַבִּי זֵירָא. חַד אָמַר: כּוֹי, הֲרֵי הוּא כְּצוֹאָה. וְחַד אָמַר: כּוֹי אֵינוֹ כְּצוֹאָה.

They say in the West, Eretz Yisrael, that Rabbi Yosei bar Ḥama and Rabbi Zeira disagree with regard to this issue, and some say it was disputed by Rava, son of Rav Yosef bar Ḥama, commonly mentioned in the Babylonian Talmud as Rava, without the patronymic, and Rabbi Zeira. The Gemara elaborates: One of them said that a koy is similar to excrement in this regard. Just as one may cover the blood of a bird with earth brought in for the purpose of covering excrement, he may likewise use it for covering the blood of a koy, as both the case of excrement and the case of the koy are cases of uncertainty. And the other one said: A koy is not similar to excrement. Since the covering of excrement is common, it is regarded as a definite purpose in comparison to a koy, which is by definition an uncertain case. It is therefore prohibited to cover the blood of a koy with earth prepared for the sake of covering excrement.

תִּסְתַּיַּים דְּרָבָא הוּא דְּאָמַר כּוֹי הֲרֵי הוּא כְּצוֹאָה, דְּאָמַר רָבָא: הִכְנִיס עָפָר לְכַסּוֹת בּוֹ צוֹאָה — מוּתָּר לְכַסּוֹת בּוֹ דַּם צִפּוֹר, דַּם צִפּוֹר — אָסוּר לְכַסּוֹת בּוֹ צוֹאָה. תִּסְתַּיַּים.

The Gemara comments: Conclude that Rava is the one who said that a koy is similar to excrement, as Rava said: If one brought in earth to cover excrement with it, it is permitted to cover the blood of a bird with it; if he did bring in earth to cover the blood of a bird, it is prohibited to cover excrement with it. One intends to use the earth for the definite rather than the uncertain purpose, and likewise in the case of a koy. The Gemara summarizes: Indeed, conclude that this is the correct version of the opinions in the dispute.

רָמֵי בְּרֵיהּ דְּרַב יֵיבָא אָמַר: כּוֹי הַיְינוּ טַעְמָא דְּלָא מְכַסֵּינַן, גְּזֵירָה מִשּׁוּם הַתָּרַת חֶלְבּוֹ.

§ Rami, son of Rav Yeiva, said a different reason: In the case of a koy, this is the reasoning for the halakha that one may not cover its blood: It is not because this action would constitute prohibited labor; rather, it is a rabbinic decree due to the permission of its prohibited fat. If one were to cover its blood, people might think that a koy is definitely an undomesticated animal, and it is well known that the fats of an undomesticated animal may be eaten, whereas those of a domesticated animal are prohibited.

אִי הָכִי, אֲפִילּוּ בְּחוֹל נָמֵי! בַּחוֹל אָמְרִי לְנַקֵּר חֲצֵרוֹ הוּא צָרִיךְ.

The Gemara challenges this: If so, even on a weekday as well, the blood of a koy should not be covered, due to this concern. The Gemara answers: On a weekday, people will say that he needs to clean his courtyard, and that he is covering the blood merely to keep his courtyard presentable, rather than to fulfill the mitzva of covering blood.

שָׁחַט בְּאַשְׁפָּה, מַאי אִיכָּא לְמֵימַר? בָּא לִימָּלֵךְ, מַאי אִיכָּא לְמֵימַר?

The Gemara asks: And if he slaughtered a koy in a dunghill, a place used for the disposal of refuse, what is there to say? It will be evident that he is not concerned about its cleanliness, and that he is attempting to perform the mitzva of covering blood. Alternatively, if he comes to consult a Sage concerning whether or not he should cover the blood of a koy on a weekday, what is there to say? If the owner of the koy is instructed to cover the blood, would he not come to the erroneous conclusion that its fats are permitted?

אֶלָּא: בְּחוֹל [אִי נָמֵי] מִסְּפֵקָא, אָמְרִי לֵיהּ רַבָּנַן: זִיל טְרַח וְכַסִּי. בְּיוֹם טוֹב אִי מִסְּפֵקָא — מִי אָמְרִי לֵיהּ רַבָּנַן זִיל טְרַח וְכַסִּי?

Rather, the Gemara answers: On a weekday, even if the matter is uncertain, the Sages nevertheless say to him: Go and take the trouble and cover it, as it involves the possible fulfillment of a mitzva. On a Festival, however, if there is uncertainty, would the Sages say to him: Go and take the trouble and cover it? If one was told to cover the blood on a Festival, this would indicate that a koy is definitely an undomesticated animal.

תָּנֵי רַבִּי זֵירָא: לֹא כּוֹי בִּלְבַד אָמְרוּ, אֶלָּא אֲפִילּוּ שָׁחַט בְּהֵמָה, חַיָּה וָעוֹף וְנִתְעָרְבוּ דָּמָן זֶה בָּזֶה — אָסוּר לְכַסּוֹתוֹ בְּיוֹם טוֹב.

Rabbi Zeira teaches the following baraita: Not only did the Sages say that the blood of a koy should not be covered on a Festival, but even if one slaughtered a domesticated animal, whose blood need not be covered, and also slaughtered an undomesticated animal or a fowl, whose blood must be covered, and their bloods became mingled together, it is prohibited to cover the mixture of blood on a Festival.

אָמַר רַבִּי יוֹסֵי בַּר יָאסִינִיאָה: לֹא שָׁנוּ אֶלָּא שֶׁאֵין יָכוֹל לְכַסּוֹתוֹ בִּדְקִירָה אַחַת, אֲבָל יָכוֹל לְכַסּוֹתוֹ בִּדְקִירָה אַחַת — מוּתָּר.

Rabbi Yosei bar Yasinia said: They taught this halakha only in a case where one cannot cover the entire mixture by one thrust of a shovel. However, if he can cover it with one thrust, it is permitted. Since the entire amount of blood can be covered with a single action, it does not matter if one unnecessarily covers the blood of a domesticated animal while performing the mitzva of covering the blood of a fowl or an undomesticated animal.

פְּשִׁיטָא! מַהוּ דְּתֵימָא: נִגְזַר דְּקִירָה אַחַת אַטּוּ שְׁתֵּי דְקִירוֹת, קָא מַשְׁמַע לַן.

The Gemara comments: It is obvious that this is the case; since he covers all the blood in a single action, clearly he performs a mitzva. The Gemara answers: This ruling is nevertheless necessary, lest you say that we should decree and prohibit even one thrust, due to the possibility that he might perform two thrusts. Therefore, Rabbi Yosei bar Yasinia teaches us that this concern is not taken into account.

אָמַר רַבָּה: שָׁחַט צִפּוֹר מֵעֶרֶב יוֹם טוֹב, אֵין מְכַסִּין אוֹתוֹ בְּיוֹם טוֹב.

§ Rabba said: If one slaughtered a bird on the eve of a Festival, one may not cover its blood on the Festival itself.