Beitzah

but not when there is no shovel sticking in the earth;1 or perhaps Beth Hillel rule thus only here because since it is mukzeh,2 it is sufficient if he stands and declares, ‘This one or that one shall I take’;3 but there [they do] not [rule thus]! Rather, if there is a difficulty, the following is the difficulty: Beth Shammai say: One may not take a pestle4 to cut up meat thereon; but Beth Hillel permit [it].5 Accordingly [we see] that Beth Shammai is stringent in regard to the joy of the Festival and Beth Hillel is lenient, but the following contradicts this: If one slaughters game or poultry [on a Festival] Beth Shammai etc.! — R. Johanan replied: The authorities should be reversed. ‘Whence [does this follow]? Perhaps it is not so? [Perhaps] Beth Shammai rule [thus] only there where there is [already] a shovel sticking in the earth, but not when there is no shovel sticking In the earth. Or perhaps Beth Hillel rule thus only here, because it [the pestle] bears the designation of utensil;6 but there [they do] not [rule thus]! Rather, if there is a difficulty, the following is the difficulty: Beth Shammai say: One may not lay out a hide7 for treading on8 and one may not lift it up unless it has [sticking to it] flesh [as much as] an olive;9 but Beth Hillel permit.10 Accordingly [we see] that Beth Shammai is stringent in regard to the joy of the Festival and Beth Hillel is lenient, but the following contradicts that if one slaughters game or poultry on a Festival etc! — R. Johanan replied: The authorities should be reversed. Whence [does this follow]? Perhaps it is not so; [perhaps Beth Shammai rule thus only there, where there is [already] a shovel sticking in the earth, but not when there is no shovel sticking in the earth. Or perhaps Beth Hillel rule thus only here because it [the hide] is fit for sitting thereon,11 but there [they do] not [rule thus]! Rather, if there is a difficulty, the following is the difficulty: Beth Shammai say: One may not take down shutters12 on a Festival, but Beth Hillel permit them even to be put back.13 Accordingly [we see] that Beth Shammai is stringent in regard to the joy of the Festival and Beth Hillel is lenient, but the following contradicts this: If one slaughters game or poultry on a Festival etc.! It is well [that the rulings of] Beth Shammai are not contradictory: there [it is permitted only] when there is [already] a shovel sticking in the earth but here there is no shovel sticking in the earth.14 But [the views of] Beth Hillel are contradictory! — Said R. Johanan: The authorities should be reversed. [Why reverse the authorities]?15 Perhaps Beth Hillel rule thus only here because building and pulling down do not apply to utensils,16 but there [they do] not [rule thus]. MISHNAH. BETH SHAMMAI SAY:17 ONE MUST NOT TAKE [PIGEONS] UNLESS HE HAS STIRRED18 [THEM] UP THE DAY BEFORE [THE FESTIVAL]: BUT BETH HILLEL SAY: HE STANDS AND DECLARES: THIS ONE OR THAT ONE WILL I TAKE. GEMARA. R. Hanan b. Ammi said: The dispute is only with respect to the first brood19 when Beth Shammai is of the opinion that20 we preventively prohibit,21 lest he may come to change his mind;22 whereas Beth Hillel is of the opinion: We do not prohibit as a precautionary measure; but with respect to the second brood all agree that it is sufficient when he stands and declares, ‘This one or that one will I take’.23 Now according to Beth Hillel, why must he declare, ‘This one or that one will I take’, let him [rather] say, ‘Of these will I take [one] tomorrow’?24 And if you reply that Beth Hillel do not accept [the law of] Bererah,25 surely we have learnt:26 If a corpse [lay] in a room27 which has many doors28 they are all unclean;29 if one of these [doors] was opened,30 it alone is unclean31 and all the others are clean.32 If he formed the intention to take it [the corpse] out through one of them, or through a window which [measures] four handbreadths square,33 this gives protection to all the other doors.34 Beth Shammai say: Providing that he had formed his intention to take it out35 before the person died;36 but Beth Hillel say: [It holds good] even [if his intention was formed] after the person died!37 — But has it not already been stated thereon: Rabbah said: [The statement of Beth Hillel is] with respect to the cleansing of the entrances from now onwards.38 R. Oshaia also said: [The statement of Beth Hillel is] with respect to the cleansing of the entrances from now onwards; only ‘from now onwards’ but not ‘retrospectively’.39 Raba says: In reality [the statement of Beth Hillel is even in respect of cleansing] retrospectively,40 and here41 the reason42 is lest he might take up [a pigeon] and put it down again, take up [a pigeon] and put it down again and thus come to take one which is not fit for him.43 But you say it is sufficient if he stands and says this or that will I take!44 — This only applies on the eve of the Festival,45 pigeon he intended to slaughter, for after handling one he might change his mind and decide upon another and thus the handling of the first pigeon would be regarded as unnecessary work on a Festival. ‘On a Festival etc.’ — Said R. Johanan: The authorities are reversed. But whence (does this follow)? Perhaps Beth Shammai rules thus only there . . . but here there is no shovel . . . earth. Or perhaps Beth Hillel rule thus only here because building etc.’ — following the same line of argument as in the preceding cases]. unnecessarily. If, however, he ‘stirred’ them before the Festival and chose one for slaughter, then he has definitely made up his mind to have that bird. chosen on the Festival is retrospectively the same one about which he spoke the day before. selection of a particular dove on the Festival from a number that have been generally designated before the Festival (when it was intended to take one only) shall rank as though that dove itself has been selected before the Festival. the lintel of the entrance through which the corpse is to be carried out. If there is more than one entrance to the room the same rule applies to them all unless it has been specifically determined to carry it through one particular entrance. Such determination protects the other entrances. through any one of them. the opening of the one door v. the immediately following hypothetical dispute between Beth Shammai and Beth Hillel. would be unclean. Hillel accept the rule of Bererah. determination before the death, all the entrances are unclean and the subsequent determination does not remove the uncleanness except by the actual act of opening. Not so Beth Hillel. But Beth Hillel will not accept the rule of Bererah. unclean. that I will take,’ he will definitely take those designated. Festival on account of mukzeh.