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Previous dafBeitzah 36
BEITZAH 36-40 (Siyum!) - Ari Kornfeld has generously sponsored the Dafyomi
publications for these Dafim, for the benefit of Klal Yisrael.
1) [line 1] OTZAR - storehouse
2) [line 3] ASI L'ASHVUYEI GUMOS - he might level the floor by filling in
its holes, thus violating the prohibition of building (Boneh) on Shabbos
3) [line 14] YESHALSHELEM - lower them
4) [line 15] SULAMOS - staircases
5) [line 18] AVIRA D'LIVNEI - bricks that are laid one on top of another and
are set aside for use as building material
6) [line 26] MACHATZELES - a mat
7) [line 26] LEVENIM - bricks
8) [line 27] D'AYATUR MI'BINYANA - that were left over from a building
9) [line 27] D'CHAZI - that are fit
10) [line 27] L'MIZGA ALAIHU - upon which to recline (Rashi Shabbos 43a)
11) [line 28] AVANIM MEKURZALOS - (a) stones that are pointed at one end
(O.F. agudes - sharp) (RASHI Shabbos 43a); (b) prepared stones with no
jagged points; (c) soft stones (ARUCH)
12) [line 29] KAVERES DEVORIM - a beehive
13) [line 32] SHTEI CHALOS - two honeycombs that are always left in the hive
for the bees' sustenance during the winter
14) [line 33] OSAN SHTEI CHALOS MUKTZOS HEN!? - but those two honeycombs
have been set aside for the bees (which makes them forbidden to be moved on
15) [line 35] LI'FLOG V'LISNEI B'DIDAH - let him (the Tana) make the
differentiation in that case itself
16) [line 37] DAVAR SHE'EIN MISKAVEN, MUTAR
(a) An act which is done for a certain purpose (which will be accomplished
without transgressing a Melachah), but which *may* result in a Melachah
being inadvertently performed, it is called a Davar she'Eino Miskavein. The
example brought in our Gemara is spreading out a mat over a beehive, where
bees may possibly be trapped. (Tzeidah, or trapping, is one of the Avos
Melachos.) Rebbi Yehudah prohibits performing such an action mid'Rabanan,
since it may result in a Melachah. Rebbi Shimon disagrees, claiming that
even though a Melachah may result from this action, since the Melachah will
come about without intent, the action is permitted.
(b) Rebbi Shimon and Rebbi Yehudah disagree only if it is not clear that
bees will be trapped (i.e., that a Melachah will be done). If it is
inevitable for bees to be trapped, the act is prohibited even according to
Rebbi Shimon -- even though the person spreading the mat is not the least
bit interested in trapping bees. Such a situation, in which a Melachah will
inevitably be accomplished, is referred to as "Pesik Reisha v'Lo Yamus."
(c) A person must have specific *intent* to do a Melachah on Shabbos in
order to be liable for punishment or to be required to bring a Korban.
Therefore, if a person spreads out a mat over the beehive and bees *were*
trapped, even Rebbi Yehudah will agree that the person is not obligated to
bring a Korban, since the trapping was done accidentally. Rebbi Yehudah and
Rebbi Shimon argue only as to whether it is permitted *in the first place*
to perform an action that may result in a Melachah. (See Insights to Shabbos
17) [line 39] PESIK REISHEI V'LO YAMUS
An act which will certainly result in a forbidden Melachah being
unintentionally performed on Shabbos or Yom Tov is called a Pesik Reishei
v'Lo Yamus (Literally, "[can one] cut off the head [of an animal] and it
will not die?!").
(a) A Pesik Reshei is a type of Davar she'Eino Miskaven. Davar she'Eino
Miskavein is an act which is done for a certain purpose (which will be
accomplished without transgressing a Melachah), but which *may* result in a
Melachah being inadvertently performed. Rebbi Yehudah prohibits performing
such an action mid'Rabanan, since it may result in a Melachah. Rebbi Shimon
disagrees, claiming that even though a Melachah may result from this action,
since the Melachah will come about without intent, the action is permitted.
However, when a Melachah will definitely occur as a result of one's action,
this is a Pesik Reshei and is forbidden. (For example, if a person cut the
head off of a chicken and states that he had no intention to kill the animal
but he merely wanted its blood to feed to his dogs, it is considered as
though he had full intention to kill the animal since it was an inevitable
outcome of his act, and he is Chayav.)
(b) If the Melachah which inevitably occurs as a result of one's action is
*not desirable*, he will not be Chayav according to Rebbi Shimon, because it
is no worse than a Melachah she'Einah Tzerichah l'Gufah (Shabbos 103a,
Tosfos). According to others, when the inevitable result of one's action is
not desirable, it is even permissible to perform such an act *l'Chatchilah*
according to Rebbi Shimon, and it is like any other Davar she'Eino Miskaven
(Aruch, cited in Tosfos Shabbos 103a; see Insights to Shabbos 110:1). If the
person is pleased with the Melachah that results inevitably from his action,
then it is a Pesik Reshei for which everyone (Rebbi Shimon and Rebbi Yehudah
alike) agrees that one is Chayav and he must bring a Korban Chatas for
atonement (as stated earlier (a)).
18) [last line] KAVEI - openings through which the bees can go in and out
19) [line 1] SHE'LO YA'ASENAH KI'METZUDAH - he should not cover it in a way
that it is like a trap (he should leave them a way to get out)
20) [line 2] B'MINO NITZOD - an animal that people normally trap
21) [line 9] BEI REICHAYA D'ABAYE DALUF - Abaye's mill-room sprang a leak
[and the rainwater was dripping on his millstone]
22) [line 10] AILEI L'PURYECH - put your bed inside it
23) [line 11] GERAF SHEL RE'I (a pan of refuse)
(a) The Rabanan enacted a prohibition of Muktzah against handling certain
types of objects on Shabbos (the extent of this prohibition is the subject
of an argument between Rebbi Yehudah and Rebbi Shimon; see Shabbos 45a and
other places, and Background to Shabbos 44:3 and 44:5a-b).
(b) However, when an item of Muktzah that is disgusting is resting in a
place where people would like to sit and they find it very unpleasant to sit
near such a disgusting item, the Rabanan permitted the item to be removed,
due to the honor of Shabbos which the item would otherwise be diminishing.
For example, a pan of human or animal refuse, or a dead mouse, even though
it is Muktzah, may be removed.
(c) It is not permitted to place a disgusting item in a place where people
will want to sit, with the intention to move it later when people sit there
and are disgusted by it. For example, while eating dates, one may not pile
up the date pits in one place at the table in order to permit moving the
pits when the pile becomes disgusting to those who want to sit there. (See
Insights to Beitzah 36:1 for explanations of how Rabah was able to instruct
Abaye to place his bed into the mill-room in order to be able to move the
24) [line 13] TEISI LI D'AVRI AD'MAR - I deserve to have had this happen to
me because I did not follow the teaching of the master (Rabah)
25) [line 15] AVIT SHEL MEI RAGLAYIM - a clay vessel for the collection of
26) [line 19] BEI ISPARMEKEI - in his spice-box, scent-box
27) [line 20] TZUTZISAH - its tail
28) [line 21] SHEVUS
Shevus refers to actions that the Rabanan prohibited on Shabbos. The Torah
states "uva'Yom ha'Shevi'i Tishbos" ("and you shall rest on the seventh
day") (Shemos 23:12). The Rabanan learn that this applies even to things
that are not Melachos, and as a result they prohibited actions that were
permitted mid'Oraisa (see Shabbos 114b).
29) [line 24] SHATIN - float, swim
30a) [line 24] LO METAPCHIN - it is forbidden (a) to clap (in conjunction
with song and merriment or as a sign of mourning) (RASHI Beitzah 30a,
RAMBAM, ROSH); (b) to beat the heart (which was done publicly as a sign of
mourning) (RASHI Shabbos 148b)
b) [line 25] LO MESAPKIN - it is forbidden (a) to clap one's hand onto
one's thigh (in conjunction with song and merriment or as a sign of
mourning) (RASHI Beitzah 30a); (b) to clap (which was done publicly as a
sign of mourning) (RASHI Shabbos 148b); (c) to clap in anger (ROSH); (d) to
beat on a percussion instrument (RAMBAM)
c) [line 25] LO MERAKDIN - it is forbidden to dance
31) [line 26] LO CHOLTZIN/LO MEYABMIN (YIBUM V'CHALITZAH)
(a) If a married man dies childless, his widow must undergo Yibum (the
marriage of a dead man's brother with his wife), as it states in Devarim
(b) If the brother chooses not to marry her, he must perform Chalitzah (a
procedure in Beis Din that absolves her of the Mitzvah of Yibum - ibid.). He
appears before a Beis Din of three and states, "I do not want to marry her,"
after which his sister-in-law approaches him before the elders, takes off
his right sandal and spits in front of him. She then declares, "This is what
shall be done to the man who will not build up a family for his brother,"
and she is then free to marry whomever she wants.
32) [line 28] LO MA'ARICHIN (ERCHIN)
Erech (= endowment valuation) refers to a special form of vow. If a person
declares, "Erech Ploni Alay" ("I accept upon myself to give the endowment
value of so-and-so to Hekdesh"), he must give the specific value that the
Torah designates for the person's gender and age group as stated in Vayikra
27:1-8. It makes no difference at all whether the person is healthy or sick,
strong or weak.
THE "ERECH" THAT THE TORAH SPECIFIES IN VAYIKRA 27
|1 Mo. - 5 Yrs.
|| 5 Shekels
|| 3 Shekels
|5 - 20 Yrs.
|| 20 Shekels
|| 10 Shekels
|20 - 60 Yrs.
|| 50 Shekels
|| 30 Shekels
|Over 60 Yrs.
|| 15 Shekels
|| 10 Shekels
33) [line 28] LO MACHRIMIN (CHEREM)
There are two types of Charamim (a type of vow or pledge):
1. Chermei Kohanim, which are given to the Kohanim for their personal use
and cannot be redeemed from the Kohen;
34) [line 36] CHAVIS SHEL SHAYATIN - (a) a barrel-shaped float made from
woven bulrushes with which a person learns to swim (RASHI); (b) a hollow,
sealed clay utensil that floats on the water (probably used as a life
2. Chermei Shamayim, which are given to the Beis ha'Mikdash for the Bedek
ha'Bayis and can be redeemed like any other Hekdesh.