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Beitzah 35

35b

QUESTIONS: The Mishnah states that it is permitted to lower fruit from one's roof into one's home through a skylight on Yom Tov. The Gemara asks how much fruit may one lower from one's roof into the house. The Gemara suggests that we can learn from the Mishnah in Shabbos that says that one may move away up to four or five boxes of straw or grain in order to make room for guests, or to make room for students who have come to learn Torah. Similarly, the Gemara proposes, one may lower four or five boxes worth of fruit into one's home on Yom Tov.

The Gemara responds that perhaps it is only permitted to move four or five boxes on Shabbos, because the laws of Shabbos are more stringent than those of Yom Tov, and therefore there is no fear that one might become lax in their observance. However, since the laws of Yom Tov are less stringent, there is a fear that if we permit moving *any* amount of fruit, one will become lax in the observance of the laws of Yom Tov, and therefore one may not move any amount of fruit ("Klal Klal Lo").

(a) How can the Gemara suggest that on Yom Tov, *no* amount of fruits may be moved? The Mishnah states explicitly that it is *permitted* to lower fruit into one's home on Yom Tov!

(b) Furthermore, how can the Gemara say that on Yom Tov, we must be more stringent in order to safeguard the sanctity of Yom Tov and prohibit moving any amount of fruit, even though on Shabbos it is permitted to move four or five boxes? Our Mishnah says the opposite -- on Yom Tov one is allowed to lower fruit into one's home, while on Shabbos it is prohibited! How can the Gemara suggest a line of reasoning that is diametrically opposite that of the Mishnah? (RASHBA)

ANSWERS:

(a) The MAHARAM SHIF explains that the Gemara does not mean literally that one may not move any amount of fruit on Yom Tov. Rather, when the Gemara says "Klal Klal Lo," it means that one may not move on Yom Tov *as much* fruit as one may move on Shabbos.

The TZELACH and PNEI YEHOSHUA add that the Gemara does not mean that one may not lower any amount of fruit in order to protect it from the rain. Rather, the Gemara means that on Yom Tov, even the reason of *Bitul Beis ha'Midrash* does not permit moving four or five boxes worth of fruit, and certainly protecting them from the rain does not permit it. However, it is permitted to move smaller amounts even to protect them from the rain. "Klal Klal Lo" means that there are *no reasons* that permit moving four or give boxes of fruit on Yom Tov. However, one may move less than four or five boxes for the sake of protecting them, as our Mishnah says.

(b) As for the second question, the RASHBA answers that regarding whether an action is permitted in the first place on Yom Tov (such as saving fruit from becoming damaged by rain) the Chachamim were lenient, just as the Torah is lenient with regard to performing Melachah for food preparation (Ochel Nefesh) on Yom Tov. However, regarding an action that they already permitted on Shabbos or Yom Tov and the only question is *how much* is permitted, then one must be more stringent on Yom Tov because of the reason that the Gemara gives, lest one become lax in the observance of Yom Tov. (The MAHARSHA writes a similar answer.)