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Beitzah 19

1) "TEVILAS KELIM" DURING BEIN HA'SHEMASHOS OF YOM TOV

QUESTION: The Tana Kama and Rebbi Shimon Shezuri argue in a Beraisa whether one may immerse a Kli on a weekday during Bein ha'Shemashos. The Rabanan who were learning this Beraisa explained that the argument applies in a case where a person was running with the Kli towards the Mikvah right before Bein ha'Shemashos, clearly trying to immerse the Kli before sundown. The Tana Kama says that in such a case, one may immerse the Kli during Bein ha'Shemashos on a weekday, since he has demonstrated through his actions (by running with the Kli to immerse in before Bein ha'Shemashos) that he knows that in order to become Tahor for use with Terumah, the Kli requires He'erev Shemesh (sundown). Rebbi Shimon Shezuri argues and does not permit immersing the Kli during Bein ha'Shemashos, because he holds that the person's actions do not show that he knows that He'erev Shemesh is required (perhaps he was running in order to get back to his work).

Both the Tana Kama and Rebbi Shimon Shezuri agree that one may not immerse a Kli during Bein ha'Shemashos on Yom Tov. RASHI (DH Meida Yada) explains that the reason why one may not immerse a Kli on Yom Tov even according to the Tana Kama is because the Kli cannot be used until the following night (He'erev Shemesh), and thus if one immerses the Kli now, he will be immersing it on Yom Tov for no need ("she'Lo l'Tzorech"). This explanation is difficult to understand:

(a) Why does Rashi not give the standard reason for the prohibition against Tevilah on Yom Tov, which the Gemara has already discussed (i.e. because it looks like Metaken Kli, or the other three reasons given on 18a)?

(b) Why does Rashi say that the Tevilah is not needed for Yom Tov ("she'Lo l'Tzorech")? True, without He'erev Shemesh it may not be used for Terumah. However, one may use it for items of Chulin immediately after Tevilah, as Rashi himself explained earlier (18a, DH b'Vlad)! (MAHARSHA)

ANSWERS:

(a) The MAHARSHA explains that the other reasons for the prohibition of Tevilas Kelim on Yom Tov would not suffice to prohibit Tevilah of a Kli during *Bein ha'Shemashos* of Yom Tov. We rule like Rebbi, who maintains that prohibitions of "Shevus" (rabbinical prohibitions on Shabbos and Yom Tov) are not Asur during Bein ha'Shemashos (Eruvin 32b). Since all of the other reasons for the Isur of Tevilah are only because of Shevus (e.g. a Gezeirah lest one carry in Reshus ha'Rabim, or a Gezeirah lest one squeeze out the water from clothing that one immersed, etc.), it would have been permitted to do Tevilah during Bein ha'Shemashos. The only reason it is not permitted during Bein ha'Shemashos is because the Tevilah is not needed for Yom Tov.

The SHA'AR HA'MELECH adds that even though this reason (of "Tevilah she'Lo l'Tzorech") is also only an Isur d'Rabanan, nevertheless it is not permitted Bein ha'Shemashos. The only type of Shevus which is permitted during Bein ha'Shemashos is that which is needed for the Yom Tov.

The Mishnah in Shabbos (34a), which states that it is prohibited to separate Ma'aseros on Beis ha'Shemashos and to immerse utensils during Bein ha'Shemashos, will either not be in accordance with Rebbi, or, according to Rashi, it is referring to when the person needs the Kelim for Terumah and not for Chulin, and he does not need to eat the fruits from which he is separating Terumah on Yom Tov, and thus those actions are "she'Lo l'Tzorech" (see also Insights to Eruvin 32:3).

(b) The fact that the person is running with the Kli in order to immerse it before sundown shows that our Sugya is talking about a Kohen who wants to use the Kli for Terumah, which is why he is running (see RASHI, DH Ha Hu d'Lo). As such, we must suspect that he does not need the Kli for Chulin at all (for he has other Kelim for Chulin), and therefore the Tevilah of the Kli during Bein ha'Shemashos is "she'Lo l'Tzorech."

However, Rashi (18a) cited those who explained that on Yom Tov, one may not immerse a Kli which became Tamei on Yom Tov with Av ha'Tum'ah because such a Tevilah is "she'Lo l'Tzorech." Rashi questioned that explanation, saying that perhaps the person needs the Kli not for Terumah, but for Chulin, in which case the Tevilah does have a purpose on Yom Tov. What is Rashi asking? Perhaps that case was also a case where the Kli was not needed for Chulin, just like Rashi explains here!

The SHA'AR HA'MELECH (Eruvin 1:22) answers that in our Beraisa, it is clear from the incident that the person needs the Kli for Terumah (because he is running to immerse the Kli before sundown). In contrast, the Beraisa earlier (18a) says merely that it is permitted to immerse a Kli that is Tamei with Vlad ha'Tum'ah, and it is prohibited to immerse a Kli that is Tamei with Av ha'Tum'ah. If that Beraisa was referring only to a specific case (such as when the Kli is needed for Terumah and not for Chulin), then it should have specified that it is only prohibited to immerse a Kli that is Tamei with Av ha'Tum'ah when that Kli is needed for Terumah, but when it is needed for Chulin it is permitted.

Alternatively, we find a different Girsa in the words of Rashi here, as cited by the DIKDUKEI SOFRIM (#60) based on manuscripts. In those texts, Rashi does not say that "it is Asur to immerse the Kli during Bein ha'Shemashos on Yom Tov, because one is immersing on Yom Tov for no need (she'Lo l'Tzorech)," but rather, "it is Asur to immerse the Kli during Bein ha'Shemashos on Yom Tov, because *it is Yom Tov*" (and not because it is "she'Lo l'Tzorech"). Hence, Rashi is referring to any of the four reasons given (18a) for why it is not permitted to immerse Kelim on Yom Tov.

QUESTION: Beis Shamai and Beis Hillel argue whether one may slaughter animals for Shalmei Chagigah on Yom Tov. Ula says that they both agree that one may not slaughter animals for Shalmei Nedavah on Yom Tov.

Why should it be prohibited to slaughter any type of Shelamim on Yom Tov? We know that a large portion of every Korban Shelamim is eaten by the owner. If so, slaughtering the Shelamim should be permitted because of Ochel Nefesh, since it is permitted to do a Melachah for the sake of food preparation! Even though part of the animal will be burned upon the Mizbe'ach, it should still be permitted to slaughter the animal for the part that the owner will eat (as the Gemara taught earlier (17a), that an entire pot may be brought to a boil even if the owner will eat only part of its contents on Yom Tov). Accordingly, it should be permitted to slaughter both Shalmei Nedavah and Shalmei Chagigah even according to Beis Shamai, and no verse should be required to teach that it is permitted to slaughter Shalmei Chagigah according to Beis Hillel!

ANSWER: The Gemara addresses this question later (21a), regarding an animal that is owned by both a Jew and a non-Jew, for which Shechitah is permitted. Why is slaughter such an animal permitted while slaughtering a Korban is prohibited? The Gemara answers that slaughtering an animal for a Korban is different. It is not considered Ochel Nefesh for the person who will be eating it, because "mi'Shulchan Gavo'ah Ka Zachu." When one slaughters an animal for a Korban, the Korban is brought as an offering to Hashem, as it were (and not in order to eat it), and only afterwards is it given by Hashem to the Kohanim to eat. Therefore, the Melachah that one is doing now by slaughtering it is not being done for Ochel Nefesh, since it only becomes permitted to eat it later.

However, that explains why the portion of the Korban which the Kohanim receive is not considered Ochel Nefesh. What about the portion which the owner receives? That portion does not come from Shulchan Gavo'ah -- Rebbi Yosi ha'Gelili states (Bava Kama 12b) that Kodshim Kalim are Mamon Ba'alim both before and after the Shechitah (see also TOSFOS there, DH Modim, and here in Beitzah, 21a, DH Aval)! The Rishonim give different answers to this question.

(a) RASHI (21a, DH Kohanim) writes that the owner also receives his portion from Shulchan Gavo'ah. Even though the Gemara says that "Kohanim" get it from Shulchan Gavo'ah, it does not mean only Kohanim, but the owner, too, gets his portion from Shulchan Gavo'ah. (Apparently, although Mamon Ba'alim makes a person the *owner* of his Korban, it is not what allows the owner to *eat* his portion of the Korban.)

(b) TOSFOS (Bava Kama ibid.) argues that only the portion of the Kohanim comes from Shulchan Gavo'ah. The reason why it is prohibited to slaughter a Korban from which one will eat is because of a different reason. Since it is a Mitzvah to bring a Korban (or, since other Hana'os from the Korban are prohibited, see Tosfos Shabbos 24b DH l'Fi), any side benefits that one derives from the Korban are secondary to the Mitzvah. Since the *main* purpose of doing the Avodah of the Korban is in order to give it to Gavo'ah, all the Avodos done for Kodshim are considered to be done for the portion that goes to Gavo'ah rather than for the secondary benefit derived from eating it. (RIV'A in TOSFOS Beitzah 27b DH v'Al, Shabbos 24b DH l'Fi, and Pesachim 46a DH Lo)

(c) TOSFOS in Pesachim (5a, DH v'Omer) says that even though the owner will eventually be able to eat part of the Korban, nevertheless, right now -- when he slaughters it -- he cannot eat any of it. He must wait until after the Zerikah has been performed. Since the owner's portion is Asur to him at the time that he slaughters it, the Avodah which he is doing cannot be considered to be done for Ochel Nefesh, but only for the sake of Hekdesh. (This is what is meant by "mi'Shulchan Gavo'ah Ka Zachi," according to Tosfos)

19b

QUESTION: The Gemara records a Beraisa in which three Tana'im argue about bringing Korbanos of Nedarim and Nedavos on Yom Tov, as well as when one transgresses the Isur of Bal Te'acher (see chart). The Tana Kama says that one cannot bring a Korban Todah on Shavuos because it is Yom Tov, but he could bring it on Sukos. The Gemara explains that the Beraisa means that one could bring it on Chol ha'Mo'ed Sukos.

If the Tana of the Beraisa is referring to Chol ha'Mo'ed, why does he have to tell us that it is Mutar to slaughter the Korban Todah on Chol ha'Mo'ed? It is obvious that it is permitted to slaughter the Korban on Chol ha'Mo'ed, since it is not Yom Tov!

ANSWER: According to the Gemara's conclusion, the statement of the Tana Kama is not teaching anything about bringing Nedarim and Nedavos on Yom Tov, but rather it is teaching something about the Isur of Bal Te'acher. The Tana Kama is saying that if one sanctified a Korban before Sukos, it is advisable to bring it on Sukos (not just that one could bring it then, but one *should* bring it then), in order to avoid having to make a special trip to Yerushalayim after Sukos in order to avoid transgressing Bal Te'acher. Since he cannot bring the Korban Todah during the following festivals (he cannot bring it during Pesach, because of the Chametz that comes with it, and he cannot bring it on Shavuos, because it is Yom Tov), he would have to make a special trip to Yerushalayim in order to avoid transgressing Bal Te'acher. Therefore, the Tana teaches that he should bring his Korban on Sukos, during Chol ha'Mo'ed, so that he not have to make a special trip to Yerushalayim. (See RASHI, DH Ki Pligi)