{"id":10323,"date":"2006-11-17T02:13:00","date_gmt":"2006-11-17T02:13:00","guid":{"rendered":"http:\/\/production.ou.org\/life\/other\/masechet_beitzah_2127\/"},"modified":"2015-10-22T09:06:12","modified_gmt":"2015-10-22T14:06:12","slug":"masechet_beitzah_2127","status":"publish","type":"post","link":"https:\/\/www.ou.org\/life\/torah\/masechet_beitzah_2127\/","title":{"rendered":"Masechet Beitzah 21a-27b"},"content":{"rendered":"

The Coming Week’s Daf Yomi by Rabbi Adin Steinsaltz<\/em><\/p>\n

This essay is based upon the insights and chidushim (original ideas) of Talmudic scholar Rabbi Adin Steinsaltz, as published in the Hebrew version of the Steinsaltz Edition of the Talmud.<\/em><\/p>\n

This month\u2019s Steinsaltz Daf Yomi is sponsored by\u00a0Dr. and Mrs. Alan Harris,\u00a0The Lewy Family Foundation, and\u00a0Marilyn and Edward Kaplan<\/em><\/strong><\/p>\n

Beitzah 21<\/u><\/strong><\/p>\n

Rav Huna<\/a>\u00a0was 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\u00a0Yom Tov<\/a><\/em>?<\/p>\n

Rav Huna ruled that it would be permitted to bake for the soldiers if the bakers were permitted to give bread to the Jewish children who were around, as well. In such a case, every loaf of bread could be seen as potentially being baked for the children. If the soldiers were careful that none of the bread be given away, and insisted that it all be delivered to the soldiers, then it would be forbidden to bake for them.<\/p>\n

A parallel story was told about\u00a0Shimon ha-Timni<\/a>\u00a0who did not appear in the\u00a0bet midrash<\/a><\/em>\u00a0one day on\u00a0Yom Tov<\/em>. When\u00a0Rabbi Yehudah ben Bava<\/a>\u00a0asked where he had been, Shimon explained that a\u00a0baleshet<\/em>\u00a0had 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\u00a0baleshet<\/em>\u00a0left them in peace. Rabbi Yehudah ben Bava objected to this story, pointing out that the passage permitting cooking on\u00a0Yom Tov<\/em>\u00a0(Shemot<\/a>\u00a012:16<\/a>) only allows it\u00a0lahem<\/em>\u00a0\u2013 for you \u2013 not for non-Jews. As the\u00a0Gemara<\/a>\u00a0explains, in this case the animal that was prepared for the\u00a0baleshet<\/em>\u00a0was not kosher, so it could not have been eaten by Jews and the entire preparation was for non-Jews only.<\/p>\n

The term\u00a0baleshet<\/em>\u00a0apparently refers to an army unit that was sent to search for valuables (in modern Hebrew the word\u00a0balash<\/em>\u00a0means 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.<\/p>\n

\n

Beitzah 22<\/strong><\/span><\/p>\n

The\u00a0Gemara<\/a>\u00a0on our\u00a0daf <\/em>discusses whether eye diseases can be treated on\u00a0Yom Tov<\/a><\/em>. As the Gemara points out, in situations of potentially life-threatening danger it is obvious that any treatment can be done; the issue at hand is whether treatments to improve vision or minor ailments can be used.<\/p>\n

Medical treatment of the eyes has a long history, since such conditions were common in the Middle East due to an abundance of sand and insects that carried diseases. Archaeologists have found instruments used in surgical operations on the eye from the Talmudic period. The discussion in our Gemara, however, deals with the application of salves or creams that were inserted into the eye by means of a\u00a0mik’hol<\/em>\u00a0\u2013 a tiny spoon that was also used for applying cosmetics.<\/p>\n

The Gemara leaves this question as a disagreement between\u00a0Rabbi Yehudah<\/a>\u00a0and the\u00a0Rabbanan<\/em>.\u00a0Ameimar<\/a>, however, permitted the application of salves on the eye on\u00a0Yom Tov<\/em>\u00a0if it was done by a non-Jew. In response to\u00a0Rav Ashi’s<\/a>\u00a0objection that a non-Jew could only be employed to perform such an activity if the Jew does not assist him \u2013 and in the case of inserting a cream into the eye, the patient must be playing an assisting role \u2013 Ameimar argues that\u00a0mesayei’ah ein bo mamash<\/em>\u00a0\u2013 that merely assisting is not considered an act of significance.<\/p>\n

It is difficult to claim that\u00a0mesayei’ah ein bo mamash<\/em>\u00a0since there are many instances in the Talmud that even the person assisting in a given case is considered to have played a significant role.\u00a0Rabbi Akiva Eiger<\/a>\u00a0suggests that a distinction must be made between cases where the\u00a0mesayei’ah<\/em>\u00a0participates in the activity (where such participation would be forbidden) and where he merely allows the activity to take place, like in our case where opening and closing the eye allows the medicine to be applied.<\/p>\n

\n

Beitzah 23<\/strong><\/span><\/p>\n

The\u00a0Mishnah<\/a>\u00a0(22b<\/a>) teaches that\u00a0Rabban Gamliel<\/a>\u00a0rules leniently on three issues concerning\u00a0Yom Tov<\/a><\/em>. He permitted the floors to be swept (he was not concerned that sweeping the floor would fill in holes), he allowed incense to be burned and he encouraged people to eat a roasted goat on the night of the\u00a0Passover<\/a>\u00a0seder<\/a><\/em>.<\/p>\n

The\u00a0Gemara<\/a>\u00a0on our\u00a0daf <\/em>discusses the case of the Passover\u00a0seder<\/em>, which was a point of disagreement because the other Sages felt that it looked too much like the actual Pesach sacrifice. The question at hand was: following the destruction of the\u00a0Temple<\/a>, what is the best course of action? Should we eat meat at the\u00a0seder<\/em>\u00a0roasted in commemoration of the Passover sacrifice that had to be roasted (see\u00a0Shmot<\/a>\u00a012:8-9<\/a>) or would doing so present a problem because it would appear that the sacrifice was being eaten outside the precincts of Jerusalem?<\/p>\n

The Gemara relates a story about Todos ish Romi who instructed the Jews of Rome to prepare a goat for the\u00a0seder<\/em>\u00a0meal exactly the way it was prepared for the sacrifice. The Sages’ response to him was “were you not Todos, we would have excommunicated you for almost causing the Jewish people to eat\u00a0kodashim <\/em>outside of their appropriate place.”<\/p>\n

The Gemara in\u00a0Pesachim<\/a>\u00a0(53a<\/a>) asks whether the reluctance to place him under ban stemmed from the fact that he was a\u00a0talmid hakham<\/a><\/em>, or, perhaps, because he was a powerful figure who could not be punished. The\u00a0Hatam Sofer<\/a>\u00a0points out that this is not merely a theoretical question, but a practical one from which we can deduce that a\u00a0talmid hakham<\/em>\u00a0should not be punished for making an error, but should simply be warned about it.<\/p>\n

In response, the Gemara in Pesachim offers two stories about him.<\/p>\n

The first story quotes Todos as teaching an\u00a0aggadic<\/a>\u00a0homily, in which he explained the actions of Hananiah, Misha’el and Azariah who allowed themselves to be thrown into a fiery furnace (see\u00a0Daniel<\/a>\u00a0chapter 3<\/a>\u00a0) by comparing their situation to that of the frogs of the second of the ten plagues in Egypt who willingly jumped into burning ovens (see Shmot\u00a07:28<\/a>). According to this story, since we have records of Todos teaching\u00a0Torah<\/a>\u00a0publicly, apparently he was a scholar.<\/p>\n

Rabbi Yossi bar Avin relates the second story, that Todos was someone who supported Torah scholars by lending money or merchandise to them, thus allowing them to support themselves. It should be noted that the\u00a0Rambam<\/a>\u00a0lists eight levels of charity (see\u00a0Rambam Hilkhot Matnot Aniyim\u00a0 10:7<\/a>) ranging from giving a hand-out to a poor person to offering assistance in a secretive way. The highest level enumerated is someone who enters into a partnership with a poor person, allowing him to become self-sufficient, which, apparently, was Todos’ relationship with the Torah scholars in his community.<\/p>\n

\n

Beitzah 24<\/strong><\/span><\/p>\n

As we have learned, food preparation on\u00a0Yom Tov<\/a><\/em>\u00a0is permitted based on the passage in\u00a0Shmot<\/a>\u00a0(12:16<\/a>). Nevertheless, this permits only activities that are directly related to cooking and preparing the food. Capturing an animal, for example, is too far removed from the food preparation to be permitted on\u00a0Yom Tov<\/em>. The third\u00a0perek <\/em>of\u00a0Masechet<\/a>\u00a0Beitzah<\/a><\/em>, which began on the last\u00a0daf<\/em>\u00a0(23b<\/a>), focuses on the question of how we define\u00a0tzayid<\/em>\u00a0\u2013 hunting. Specifically the Sages try to define under what circumstances an animal is considered to be in one’s possession to the extent that it is ready to be prepared for food.<\/p>\n

The\u00a0Mishnah<\/a>\u00a0on our\u00a0daf<\/em>\u00a0teaches that a person can only take from traps laid out for wild animals, birds or fish that were placed before\u00a0Yom Tov<\/em>\u00a0if we can be certain that the creature was captured before\u00a0Yom Tov<\/em>\u00a0began.<\/p>\n

The\u00a0Gemara<\/a>\u00a0discusses nets or traps and how we can determine whether they captured their prey before the holiday began. The\u00a0nets and traps<\/a>\u00a0discussed here, that potentially become misshapen by the movements of the animals inside, are not fish nets, rather they are more solid materials that act as traps.\u00a0Traps for fish<\/a>\u00a0were shaped like an elongated basket that were placed in the water in a special way so that fish could easily swim into them, but would have a very difficult time making their way out of them.<\/p>\n

While our Gemara bases its analysis of whether the animal was captured before or after the beginning of\u00a0Yom Tov<\/em>\u00a0on the condition of the trap (i.e. when did the hunter discover that it had become misshapen by the animal trapped inside), the\u00a0Talmud Yerushalmi<\/a>\u00a0<\/em>distinguishes between places where there are many animals and places where there are relatively few. In an area where there are many animals, the hunter can rely on the assumption that the animal became trapped in a relatively short time after the trap was put down.<\/p>\n

\n

Beitzah 25<\/strong><\/span><\/p>\n

Rami bar Aba teaches that just as the\u00a0Torah<\/a>\u00a0commands that every animal sacrifice be skinned and cut up (see, for example,\u00a0Vayikra<\/a>\u00a01:6<\/a>), similarly a butcher should first skin and cut up the animal before allowing anyone to eat from it. This falls into the category of\u00a0derekh eretz<\/em>\u00a0\u2013 appropriate behavior- that is encouraged by the Sages, even though there are no issues of\u00a0halakha<\/a><\/em>\u00a0forbidding it.<\/p>\n

The teaching of etiquette is not limited to Rami bar Aba. The\u00a0Gemara<\/a>\u00a0quotes\u00a0baraitot<\/a><\/em>\u00a0that recommend eating and drinking in a slow deliberate manner, indicating \u2013 as\u00a0Rashi<\/a>\u00a0and the\u00a0Me’iri<\/a>\u00a0point out \u2013 that even the early\u00a0tanna’im<\/a><\/em>\u00a0felt that these matters needed to be emphasized. One\u00a0baraita<\/em>\u00a0teaches that someone who eats an onion or garlic should not eat it from its roots, rather he should eat it from its leaves; eating it beginning with the roots is the sign of a glutton. The Me’iri explains that eating it “from its leaves” means that a person is obligated to peel off the outer leaves before eating, which slows down the process. Similarly, a person should not gulp down his drink all at once, nor should he drink it in many small sips that make him appear overly sensitive.<\/p>\n

In another teaching, Rami bar Aba praises the\u00a0hatzuva<\/em>\u00a0as a plant that defends against evil people. The\u00a0hatzuva<\/em>\u00a0is identified as the squill \u2013\u00a0urginea maritima<\/a><\/em>\u00a0\u2013 a plant whose roots are so long and sturdy that when planted at the edge of a field it will grow back even when attempts are made to remove it. Thus, it protects the owner of the field against unscrupulous people who try to move the markers that indicate where his property line ends, because even when removed it will grow back, effectively testifying to the true boundary of the field.<\/p>\n

\n

Beitzah 26<\/strong><\/span><\/p>\n

A first-born animal \u2013 a\u00a0behor<\/em>\u00a0\u2013 is considered to be holy to the\u00a0Temple<\/a>\u00a0(see\u00a0Shmot<\/a>\u00a013:12<\/a>). In the event that the animal develops a permanent blemish \u2013 a\u00a0mum<\/em>\u00a0\u2013 then it is no longer\u00a0kodesh<\/em>\u00a0and it can be eaten normally by\u00a0kohanim<\/a><\/em>.<\/p>\n

Since under normal circumstances a\u00a0behor<\/em>\u00a0cannot be eaten, it is not considered an animal that is ready for use on\u00a0Yom Tov<\/a><\/em>. Nevertheless, the\u00a0Mishnah<\/a>\u00a0(25b<\/a>) teaches that according to\u00a0Rabbi Yehudah<\/a>, in the event that a\u00a0behor<\/em>\u00a0falls into a pit, an expert can be lowered into the pit to check whether the animal has developed a\u00a0mum<\/em>. If, in fact, such a\u00a0mum<\/em>\u00a0is present, then the animal can be slaughtered and eaten by\u00a0kohanim<\/em>\u00a0on\u00a0Yom Tov<\/em>.\u00a0Rabbi Shimon<\/a>\u00a0disagrees. He believes that unless the\u00a0mum<\/em>\u00a0was recognized before\u00a0Yom Tov<\/em>\u00a0began, the animal cannot be used for food on\u00a0Yom Tov<\/em>. Thus there would be no point in having an expert check the animal for a\u00a0mum<\/em>\u00a0on\u00a0Yom Tov<\/em>\u00a0itself so it would be forbidden to do so.<\/p>\n

Several different explanations are suggested to explain the argument between Rabbi Yehudah and Rabbi Shimon.\u00a0Rashi<\/a>\u00a0makes two suggestions:]<\/p>\n

    \n
  1. Ruling that the animal can be eaten is\u00a0tikkun<\/em>\u2013 it is “fixing” something on\u00a0Yom Tov<\/em>\u00a0\u2013 which is forbidden.<\/li>\n
  2. Ruling that the animal can be eaten is considered a formal court ruling. Jewish courts neither sit nor rule on cases on\u00a0Shabbat<\/a><\/em>or\u00a0Yom Tov<\/em>.<\/li>\n<\/ol>\n

    Rabbi Yehudah would reject both of those assumptions.<\/p>\n

    Tosafot<\/a>\u00a0offer another approach. According to Tosafot the main issue in this case is\u00a0muktzeh<\/a><\/em>. Since the\u00a0behor<\/em>\u00a0was perfectly healthy at the moment that the holiday began, it was not viewed as edible at that point. Therefore it cannot be considered prepared for use on\u00a0Yom Tov<\/em>, even if it develops a\u00a0mum<\/em>\u00a0in the course of the day.<\/p>\n

    \n

    Beitzah 27<\/strong><\/span><\/p>\n

    As we learned on yesterday’s\u00a0daf<\/em>, there is a disagreement between\u00a0Rabbi Yehudah<\/a>\u00a0and\u00a0Rabbi Shimon<\/a>\u00a0regarding the question of checking the status of a\u00a0behor<\/em>\u00a0\u2013 a first-born animal \u2013 on\u00a0Yom Tov<\/a><\/em>. The\u00a0Gemara<\/a>\u00a0on our\u00a0daf<\/em>, in an attempt to clarify which of the two positions is accepted as the\u00a0halakhah<\/a><\/em>, relates a number of stories in which this issue is brought to the fore.<\/p>\n

    The Gemara tells about an individual named Ami Vadina’ah whose official position was the checker of\u00a0behorot<\/em>\u00a0in the house of the\u00a0Nasi<\/a>. When questions were referred to him on\u00a0Yom Tov<\/em>, he insisted on examining the animal only after the holiday.<\/p>\n

    Ami Vadina’ah is mentioned a number of times in the Talmud. According to\u00a0Rashi<\/a>, he is one and the same as “Ami Shapir Na’eh” (Ami, the handsome one). The position that he held was well-respected, since the person who had that role needed to have a deep understanding of animal husbandry and physiology, as well as a broad knowledge of\u00a0halakhah<\/em>.<\/p>\n

    Rav Ami<\/a>\u00a0is recorded as applauding Ami Vadina’ah decision, even though he, himself had a reputation of examining animals on\u00a0Yom Tov<\/em>. The Gemara explains that Rav Ami would always examine the animal before\u00a0Yom Tov<\/em>, but would make further examinations on\u00a0Yom Tov<\/em>\u00a0itself, if necessary. The “further examinations” involved questioning the person who asked for the animal to be checked \u2013 and perhaps even taking testimony from others. Current practice is that when a\u00a0behor<\/em>\u00a0is born in a flock of animals owned by a Jewish person, the animal is tended by its owner for the first three months, at which time it is transferred to the\u00a0kohen<\/a><\/em>. Since today there is no possibility of bringing the\u00a0behor<\/em>\u00a0as a sacrifice, such an animal only has value to the\u00a0kohen<\/em>\u00a0once a\u00a0mum<\/em>\u00a0has been found in it. This reality has led to a situation that\u00a0kohanim<\/em>\u00a0are suspected of placing the animal in a situation where it will easily develop a\u00a0mum<\/em>, so the expert who examines the animal must also play the role of prosecutor in an attempt to establish whether the mum was an accidental one or was done purposely.<\/p>\n

    The\u00a0Shulhan Arukh<\/a>\u00a0(Orah Hayyim<\/em>\u00a0498:9) accepts the conclusion suggested by these stories, and rules like Rabbi Shimon that a\u00a0behor<\/em>\u00a0should not be inspected on\u00a0Yom Tov<\/em>\u00a0to see whether it has developed\u00a0mumim<\/em>.<\/p>\n

    \n

    In addition to his monumental translation and commentary on the Talmud, Rabbi Steinsaltz has authored dozens of books and hundreds of articles on a variety of topics, both Jewish and secular. For more information about Rabbi Steinsaltz’s groundbreaking work in Jewish education, visit\u00a0www.steinsaltz.org<\/a>\u00a0or contact the Aleph Society at 212-840-1166.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

    The Coming Week’s Daf Yomi by Rabbi Adin Steinsaltz This essay is based upon the insights and chidushim (original ideas) of Talmudic scholar Rabbi Adin Steinsaltz, as published in the Hebrew version of the Steinsaltz Edition of the Talmud. This month\u2019s Steinsaltz Daf Yomi is sponsored by\u00a0Dr. and Mrs. Alan Harris,\u00a0The Lewy Family Foundation, and\u00a0Marilyn<\/p>\n","protected":false},"author":125,"featured_media":40939,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[83],"tags":[],"class_list":["post-10323","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-torah","series-steinsaltz-daf-yomi"],"yoast_head":"\nMasechet Beitzah 21a-27b - OU Life<\/title>\n<meta name=\"description\" content=\"The Coming Week's Daf Yomi (Beitzah 21a-27b) by Rabbi Adin Steinsaltz, based upon the insights & chidushim published in the Steinsaltz Edition of the Talmud\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.ou.org\/life\/torah\/masechet_beitzah_2127\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Masechet Beitzah 21a-27b - 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