POINT BY POINT SUMMARY
by Rabbi Ephraim Becker Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Beitzah 5
1) TWO DAYS OF ROSH HASHANAH
(a) (Rav and Shmuel) An egg laid on the first day of Rosh
Hashanah is Asurah on the second, as indicated in the
following Mishnah:
1. Out of concern that the Levi'im would (once again)
say the wrong Shir, they instituted that they
would not accept witnesses once the time came for
the Minchah to be brought.
2. If witnesses did come after that time, both days
would be treated as Kodesh (thus we find that the
institution of two days for Rosh HaShanah was made
by Beis Din, where it was not based on the
doubtful day).
(b) (Rabah) From R. Yochanan onwards the egg is permitted
on the second day.
1. R. Yochanan re-allowed the witnesses to be
accepted all day.
2. This was after the Churban when the concern for
the Shir of the Levi'im is tragically not present.
3. From that point the two days of Rosh HaShanah are
like any other, and are subject to the Mah
Nafshach.
(c) Question (Abaye): But Rav and Shmuel taught their
prohibition *after* the Churban!?
(d) Answer (Rabah): How can you ask me from the statements
of Rav and Shmuel, given that I am speaking from the
authority of the Tana, R. Yochanan b. Zakai!?
(e) Question: But, indeed, how will Rav and Shmuel explain
the Mishnah dealing with R. Yochanan's reinstitution?
(f) Answer: The two days of Rosh HaShanah remained as they
always were, S'feikah d'Yoma, in Chutz La'Aretz (where
Rav and Shmuel were ruling) and were unaffected by the
various institutions in Eretz Yisrael (where the Din
would, indeed, have changed).
2) R. YOSEF EXPLAINS THE ISSUR OF BEITZAH
(a) Answer (R. Yosef): The egg would always be Asur, even
in Eretz Yisrael, and even after R. Yochanan b. Zakai
since the vote to prohibit the egg was never rescinded
by a subsequent vote.
1. Question: How does R. Yosef know that a vote needs
specific rescinding even after the cause for the
original vote ends or is removed?
2. Answer: HaShem rescinded the prohibitions
surrounding Har Sinai, even though Matan Torah was
over (citing two Pesukim, discussed below).
5b---------------------------------------5b
3. Alternate Answer: R. Eliezer only agreed to redeem
his Kerem Rivai after R. Yochanan voted to repeal
the requirement to bring the (nearby) fruits to
Yerushalayim, even though the rationale for
bringing the fruits (adorning the markets of
Yerushalayim with bounty) was no longer present.
4. Question: Why did R. Yosef cite two Pesukim in his
first answer and then give a second answer?
5. Answer: All are needed.
i. The first Pasuk might be understood only to
*instruct* the People to return to their
wives for Mitzvas Onah, but not to *permit*
that which had become obviously permitted
(while the second Pasuk gives *permission* to
ascend Har Sinai).
ii. The Pesukim regarding Har Sinai might only
apply to d'Oreisa "votes" while the second
answer shows that even a d'Rabanan is binding
until there is a vote of repeal.
(b) Question: Perhaps R. Yochanan b. Zakai voted to permit
the egg, as well!?
(c) Answer: That is unlikely, since his Beis Din voted
regarding testimony, and did not raise the egg issue.
(d) Question (Abaye): Who said that egg is independent of
testimony, such that its prohibition separately was
voted on (perhaps it simply follows the rules of
testimony)!?
3) R. ADA AND R. SALMAN EXPLAIN THE PROHIBITION OF BEITZAH
(a) Answer (R. Ada and R. Salman): The actual reason for
the permanent Issur of the egg is lest people apply the
wrong Din when the Beis HaMikdash is soon restored.
(b) Question: Then we should not permit the witnesses after
Mincha either!?
(c) Answer: Beis Din is more careful than people would be.
4) RAVA EXPLAINS THE CONTINUED PROHIBITION OF BEITZAH
(a) Answer (Rava): The egg is still prohibited since, even
after R. Yochanan b. Zakai reaccepted the witnesses,
there would still be two days of YomTov if they arrived
after Mincha-time.
(b) (Rava, in summary) The Halachah follows Rav (both
l'Kulah and l'Chumrah) in the three cases cited.
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