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Beitzah 25a

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Babylonian Talmud · folio map

Beitzah 25a

Beitzah 25a. The full printed text of this folio side — 17 numbered segments, about 349 words — with the classic commentaries printed on the page.

Original text

Segment 1

חוּץ לַתְּחוּם — אָסוּר. וְהַבָּא בִּשְׁבִיל יִשְׂרָאֵל זֶה — מוּתָּר לְיִשְׂרָאֵל אַחֵר.

If, however, the gift was brought from outside the limit, it is prohibited. And an item that came from outside the limit for one Jew is permitted to another Jew. No prohibition applies to the second recipient, as the gentile’s intention was not fulfilled. Since the halakha of limits is a rabbinic prohibition, the Sages decreed that the object is prohibited only to the one on behalf of whom it was brought, but not to others.

Segment 2

אָמַר רַבָּה בַּר רַב הוּנָא אָמַר רַב: הַסּוֹכֵר אַמַּת הַמַּיִם מֵעֶרֶב יוֹם טוֹב, וּלְמָחָר הִשְׁכִּים וּמָצָא בָּהּ דָּגִים — מוּתָּרִין.

§ The Gemara continues its discussion about trapping animals on a Festival. Rabba bar Rav Huna said that Rav said: If one dammed a water channel that was used to irrigate a field on the eve of a Festival, and the following day he arose and found fish in it, they are permitted. These fish presumably arrived with the water before the Festival and were unable to escape, as the channel had been obstructed. Therefore, the fish are considered as having been prepared before the Festival.

Segment 3

אָמַר רַב חִסְדָּא, מִדִּבְרֵי רַבֵּינוּ נִלְמוֹד: חַיָּה שֶׁקִּנְּנָה בְּפַרְדֵּס — אֵינָהּ צְרִיכָה זִמּוּן. אָמַר רַב נַחְמָן: נְפַל חַבְרִין, בְּרַבְרְבָתָא. אִיכָּא דְּאָמְרִי: אָמַר רַבָּה בַּר רַב הוּנָא, מִדִּבְרֵי רַבֵּינוּ נִלְמוֹד: חַיָּה שֶׁקִּנְּנָה בְּפַרְדֵּס — אֵינָהּ צְרִיכָה זִמּוּן. אָמַר רַב נַחְמָן: נְפַל בַּר חַבְרִין בְּרַבְרְבָתָא.

Rav Ḥisda said: From this statement of our teacher, Rav, we learn that an undomesticated animal that nested in an orchard near one’s house does not require special designation but is considered prepared. Rav Naḥman said in response to this conclusion: Our colleague, Rav Ḥisda, has fallen upon a great matter, i.e., an issue that is not at all straightforward but is the subject of various disagreements. Some say a slightly different version of this statement, that Rabba bar Rav Huna said: From this statement of our teacher, Rav, we learn that an undomesticated animal that nested in an orchard does not require special designation, and with regard to this statement, Rav Naḥman said that Rabba, son of our colleague, Rav Huna, has fallen upon a great matter. Rav Huna was a contemporary of Rav Naḥman’s, and they were both students of Rav; consequently, Rav Naḥman referred to Rav Huna as his colleague and called Rabba the son of his colleague.

Segment 4

הָתָם לָא קָא עָבֵיד מַעֲשֶׂה, הָכָא קָא עָבֵיד מַעֲשֶׂה.

Rav Naḥman explains the difference between the cases: There, in the case where the undomesticated animal nested in an orchard, the person performed no action at all, as the animal came of its own accord, whereas here, in the case where he dammed the water channel, he performed an action when he blocked the water from leaving the channel.

Segment 5

וְלָא בָּעֲיָא זִמּוּן? וְהָתַנְיָא: חַיָּה שֶׁקִּנְּנָה בְּפַרְדֵּס — צְרִיכָה לְזַמֵּן, וְצִפּוֹר דְּרוֹר — צָרִיךְ לִקְשׁוֹר בִּכְנָפֶיהָ כְּדֵי שֶׁלֹּא תִּתְחַלֵּף בְּאִמָּהּ. וְזוֹ עֵדוּת שֶׁהֵעִידוּ מִפִּי שְׁמַעְיָה וְאַבְטַלְיוֹן. תְּיוּבְתָּא.

Rav Naḥman concludes his challenge: And does the animal not require further designation? Isn’t it taught explicitly in a baraita : An undomesticated animal that nested in an orchard requires designation. And as for a free bird, one is required to tie its wings so that it will not be mistaken for its mother, i.e., so that he not take a different bird, such as its mother, in its place. And this is a testimony that was reported in the name of Shemaya and Avtalyon. The Gemara comments: Indeed, this is a conclusive refutation of the Sages who drew an inference from Rav’s statement.

Segment 6

וּמִי בָּעֲיָא זִמּוּן? וְהָתַנְיָא, אָמַר רַבִּי שִׁמְעוֹן בֶּן אֶלְעָזָר: מוֹדִים בֵּית שַׁמַּאי וּבֵית הִלֵּל עַל שֶׁהִזְמִינָן בְּתוֹךְ הַקֵּן וּמָצָא לִפְנֵי הַקֵּן — שֶׁאֲסוּרִין. בַּמֶּה דְּבָרִים אֲמוּרִים — בְּיוֹנֵי שׁוֹבָךְ וְיוֹנֵי עֲלִיָּה, וְצִפֳּרִים שֶׁקִּנְּנוּ בִּטְפִיחִין וּבְבִירָה. אֲבָל אֲווֹזִים וְתַרְנְגוֹלִים וְיוֹנֵי הַרְדָּסִיָּאוֹת וְחַיָּה שֶׁקִּנְּנָה בְּפַרְדֵּס — מוּתָּרִין, וְאֵין צְרִיכִין זִמּוּן. וְצִפּוֹר דְּרוֹר צְרִיכָה לְקַשֵּׁר בִּכְנָפֶיהָ, כְּדֵי שֶׁלֹּא תִּתְחַלֵּף בְּאִמָּהּ.

The Gemara asks: Does an undomesticated animal in an orchard really require designation? But isn’t it taught in a baraita that Rabbi Shimon ben Elazar said: Beit Shammai and Beit Hillel concede with regard to doves and the like that one had designated on the eve of a Festival when they were inside the nest, and on the Festival itself he found them in front of the nest, that they are prohibited, as these doves might not be the same ones that he had designated but rather others that came from somewhere else? In what case is this statement said? It is with regard to doves of a dovecote, doves of a loft, and birds nesting in pitchers or in a building. However, geese, chicken, domestic doves, and an undomesticated animal that nested in an orchard are permitted in all cases, and they do not require designation in advance. In the case of a free bird, one is required to tie its wings so that it is not mistaken for its mother.

Segment 7

וְהַמְקוּשָּׁרִים וְהַמְנוּעֲנָעִין, בְּבוֹרוֹת וּבְבָתִּים וּבְשִׁיחִין וּבִמְעָרוֹת — מוּתָּרִין, וּבְאִילָנוֹת — אֲסוּרִין, שֶׁמָּא יַעֲלֶה וְיִתְלוֹשׁ. וְהַמְקוּשָּׁרִין וְהַמְנוּעֲנָעִין — בְּכׇל מָקוֹם אֲסוּרִין, מִשּׁוּם גָּזֵל.

And with regard to those birds whose wings were tied as a sign, and similarly, those that were shaken in advance in order to designate them for the Festival, if they were in cisterns, in houses, in trenches, or in caves, they are permitted on the Festival. However, if they were in trees, they are prohibited, lest one climb up the tree and detach something from it, which is prohibited. And those birds whose wings were tied by another, and similarly, those that were shaken by another are prohibited in all places, even not on a Festival, due to the prohibition against stealing. Tying or shaking is considered an act of acquisition, and therefore others may not take them. In any case, this baraita clearly states that an undomesticated animal that nested in an orchard does not require designation.

Segment 8

אָמַר רַב נַחְמָן, לָא קַשְׁיָא: הָא בַּהּ, הָא בְּאִמַּהּ. אִמַּהּ בְּזִמּוּן סַגִּי לַהּ? צֵידָה מְעַלְּיוּתָא בָּעֲיָא!

Rav Naḥman said: This is not difficult. This baraita , which teaches that an animal nesting in an orchard is permitted even without designation, is referring to it, a young animal that cannot escape; whereas that baraita , which states that designation is required, is referring to its mother, which is larger and can escape. The Gemara asks: But is mere designation sufficient for its mother? Doesn’t it require complete capture, as it is an undomesticated animal?

Segment 9

אֶלָּא אָמַר רַב נַחְמָן בַּר יִצְחָק: אִידֵּי וְאִידֵּי בְּדִידַהּ. הָא בְּגִנָּה הַסְּמוּכָה לָעִיר, הָא בְּגִנָּה שֶׁאֵינָהּ סְמוּכָה.

Rather, Rav Naḥman bar Yitzḥak said that both this baraita and that one are referring to it, a young animal that is unable to escape, and the difference between them is as follows: This baraita , which does not require designation, is referring to a garden situated near the city, so that one knows precisely where the animal is located and he can take it at any time. That baraita , which requires designation, is referring to a garden that is not located nearby.

Segment 10

מַתְנִי׳ בְּהֵמָה מְסוּכֶּנֶת — לֹא יִשְׁחוֹט, אֶלָּא אִם כֵּן יֵשׁ שְׁהוּת בַּיּוֹם לֶאֱכוֹל מִמֶּנָּה כְּזַיִת צָלִי. רַבִּי עֲקִיבָא אוֹמֵר: אֲפִילּוּ כְּזַיִת חַי מִבֵּית טְבִיחָתָהּ.

MISHNA: If an animal is in danger of dying, in which case its meat would be prohibited as the animal had not been properly slaughtered, and one wishes to slaughter it in the hope that it will be found fit for eating and he will be spared a loss, he may not slaughter it on a Festival unless there is still time in the day for him to eat an olive-bulk of roasted meat from the animal, so that it is possible to say that he slaughtered the animal for the sake of the Festival. Rabbi Akiva says: There need not be enough time for him to roast it; rather, it is sufficient even if there is only time to eat an olive-bulk of raw meat from the place where the animal is slaughtered, i.e., from its neck, without going to the trouble of removing its hide and roasting it.

Segment 11

שְׁחָטָהּ בַּשָּׂדֶה — לֹא יְבִיאֶנָּה בְּמוֹט וּבְמוֹטָה, אֲבָל מֵבִיא בְּיָדוֹ אֵבָרִים אֵבָרִים.

If one slaughtered an animal on a Festival in the field, he may not bring it to his house on a pole or on a set of poles carried by two people, as this appears similar to a weekday activity. Rather, he must alter his usual weekday manner of performing this action and bring it in by hand, limb by limb.

Segment 12

גְּמָ׳ אָמַר רָמֵי בַּר אַבָּא: הֶפְשֵׁט וְנִתּוּחַ בְּעוֹלָה, וְהוּא הַדִּין לְקַצָּבִים. מִכָּאן לִמְּדָה תּוֹרָה דֶּרֶךְ אֶרֶץ: שֶׁלֹּא יֹאכַל אָדָם בָּשָׂר קוֹדֶם הֶפְשֵׁט וְנִתּוּחַ.

GEMARA: Rami bar Abba said: The mitzva of flaying and cutting the animal into pieces is mentioned in the Torah with regard to the burnt-offering, and the same is true for butchers. That is to say, we learn from the halakhot of the burnt offering that a butcher should first remove the hide and cut the animal into pieces. From here the Torah taught proper etiquette, that a person should not eat meat before flaying and cutting the animal into pieces.

Segment 13

(לְאַפּוֹקֵי) מַאי קָא מַשְׁמַע לַן? אִילֵּימָא לְאַפּוֹקֵי מִדְּרַב הוּנָא, דְּאָמַר רַב הוּנָא: בְּהֵמָה בְּחַיֶּיהָ — בְּחֶזְקַת אִיסּוּר עוֹמֶדֶת, עַד שֶׁיִּוָּדַע לָךְ בַּמֶּה נִשְׁחֲטָה.

The Gemara asks: What new halakha is Rami bar Abba teaching us? If we say that he wishes to exclude the opinion of Rav Huna, there is a difficulty, as Rav Huna said: An animal, while alive, retains its presumptive status of being subject to the prohibition against eating a limb from a living creature, and it retains that status after slaughter until it becomes known to you how it was slaughtered. As long as it has not yet been clarified that the animal was slaughtered properly, it is presumed to be prohibited.

Segment 14

נִשְׁחֲטָה — בְּחֶזְקַת הֶיתֵּר עוֹמֶדֶת, עַד שֶׁיִּוָּדַע לָךְ בַּמֶּה נִטְרְפָה.

However, once the animal has been slaughtered properly, it retains its presumptive status of being permitted until it becomes known to you how it became a tereifa , an animal suffering from a wound or illness that would cause it to die within twelve months, which is prohibited to be eaten even after ritual slaughter. There is no need to conduct a special examination of the animal to determine if it had a defect or illness, as it is presumed to be permitted. Even if a defect is found, this does not necessarily render the animal a tereifa , as one can say that it appeared only after the animal was slaughtered.

Segment 15

וְהָאֲנַן תְּנַן מַתְנִיתִין כִּדְרַב הוּנָא! דִּתְנַן, רַבִּי עֲקִיבָא אוֹמֵר: אֲפִילּוּ כְּזַיִת חַי מִבֵּית טְבִיחָתָהּ. מַאי לָאו, מִבֵּית טְבִיחָתָהּ מַמָּשׁ?

One might have understood from Rami bar Abba’s statement that he disagrees with Rav Huna and requires that the animal be examined. However, this is difficult, as didn’t we learn in the mishna in accordance with the opinion of Rav Huna? As we learned in the mishna that Rabbi Akiva says: It is sufficient even if there is only time to eat an olive-bulk of raw meat from the place where the animal is slaughtered. What, is it not referring to meat from the actual place where the animal is slaughtered, from which it follows that one need not remove the hide or examine the animal?

Segment 16

לָא: מִמָּקוֹם שֶׁטּוֹבַחַת אֲכִילָתָהּ.

The Gemara rejects this argument: No, the mishna can be understood as follows: From the place where the animal slaughters its food, i.e., from its intestines, where digestion takes place. The hide must still be removed and the animal must be examined before it can be eaten.

Segment 17

וְהָא תָּנֵי רַבִּי חִיָּיא: מְקוֹם טְבִיחָתָהּ מַמָּשׁ. אֶלָּא, רָמֵי בַּר אַבָּא

But didn’t Rabbi Ḥiyya teach: From the actual place where the animal is slaughtered? Rather, the Gemara rejects the previous explanation and says that Rami bar Abba

Beitzah 25a

Beitzah 25a

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