Beitzah

but1 on the Festival [itself]2 it is forbidden;3 for sometimes the [seemingly] fat ones are found [to be] lean, and the [seemingly] lean ones are found [to be] fat, and [thus] he handles [birds] which are not fit for him; or else, sometimes they may all be found lean, and he will leave them and thus come to refrain from the joy of the Festival.4 MISHNAH. IF HE DESIGNATED5 BLACK [DOVES]6 BUT FOUND WHITE, WHITE BUT FOUND BLACK, TWO BUT FOUND THREE, THEY ARE [ALL] FORBIDDEN;7 THREE BUT FOUND TWO, THEY ARE PERMITTED. [IF HE DESIGNATED DOVES] INSIDE THE NEST AND FOUND THEM IN FRONT OF THE NEST, THEY ARE FORBIDDEN; BUT IF NONE EXCEPT THESE WERE THERE, THEY ARE PERMITTED. GEMARA. Is not this self-evident? — Said Rabbah: We are dealing here with a case where he had designated black and white,8 and on the following morning he found black ones in the place of the white and white ones in the place of the black; you might say they are the very same [doves] and they had only exchanged [their nests], so he informs us9 that those10 are gone away and these are different ones. Shall it be said that [this Mishnah] supports the view of R. Hanina? for R. Hanina said:11 [If] majority and proximity [are in opposition]12 you follow the majority?13 — As Abaye has explained,14 when there is a board,15 likewise also here [explain] when there is a board. [IF HE DESIGNATED] TWO [DOVES] BUT FOUND THREE THEY ARE [ALL] FORBIDDEN. Whichever way you take it [they are forbidden]; if these16 are other [doves], then they are indeed others;17 if they are the same, then there is [another] one mixed up with them.18 [IF HE DESIGNATED] THREE [DOVES] BUT FOUND TWO THEY ARE PERMITTED. What is the reason? — They are indeed the same19 and one of them has flown away. Shall it be said that the Mishnah is according to Rabbi and not according to the Sages? For we have learnt: If one deposited one hundred [zuz]20 and found two hundred,21 [it is assumed that] there is hullin [money]22 and second tithe [money] mixed together. This is the opinion of Rabbi. But the Sages say: The entire sum is hullin [money].23 If he deposited two hundred [zuz] and found one hundred, [it is assumed that] one hundred has been left24 and one hundred has been taken away. This is the opinion of Rabbi. But the Sages say: The entire sum is hullin [money].25 — You can even say [that it is] in accordance with the Sages, for It was stated thereon: R. Johanan and R. Eleazar both say:26 Doves are different since they are used to hop about.27 But why is it necessary28 to explain here, ‘doves are different since they are used to hop about’? Surely it has already been stated with respect to this [very Baraitha] that [there is a dispute between] R. Johanan and R. Eleazar; one says: The controversy [between Rabbi and the Sages] is when there were two purses,29 but when there is [only] one purse all agree that the entire sum is hullin.30 And the other says: The dispute is when there is one purse,31 but when there are two purses all agree that [we are to assume] one hundred has been left and one hundred taken away! It is well according to the view that the dispute relates to two purses; hence it is necessary to explain here ‘it is different with doves since they are used to hop about.’ But according to the view that ‘the dispute is [only] with respect to one purse but when there are two purses all agree that one hundred had been left and one hundred taken’ why is it necessary to answer it [as above]; surely you have said indeed that they do not dispute with respect to two purses?32 — Said R. Ashi: We are dealing here with doves tied together and with purses fastened together;33 doves pull themselves apart from one another, but purses do not pull themselves apart from one another.34 And Rabbi?35 — He will answer you: In the case of purses too, it occurs designated they are all forbidden. majority and nearness, cf. Ex. XXIII, 2 and Deut. XXI, 3 respectively. V. also B.B., Sonc. ed. p. 117, n. 2. proximity. On the other hand it is possible to imagine these doves as part of the great majority of birds which do not belong to him and which had not been predetermined on. doves left their dovecote (quitted their nest), these strange doves took their place. The question of proximity therefore applies equally to the strange doves as well as to the doves that were originally in the nest in which case no one disputes that majority decides. distance was converted into money. This money had to be spent in Jerusalem. V. Deut. XIV, 22-26. it is well; if, on the other hand, the other coin was originally the second tithe, then let this one be exchanged for the other. instead of one, it is to be assumed that the one-hundred zuz piece of the second tithe had been taken out and put in another place, while this two-hundred is ordinary money subsequently put in the same place. hence the Sages assume that he had taken out the two hundred zuz which he put somewhere away, replacing them by the hundred zuz of ordinary money, but that he had forgotten the whole matter. Similarly according to the Sages it would follow that the three doves had flown away and two others came in their place. V. Pes. 100. with respect to money. away. elsewhere. Eleazar by explaining that there was a difference between doves and coins. But since one of the same two Rabbis maintains that in the case of two purses each containing one hundred zuzim the Sages agree that the hundred left is part of the original, which is in agreement with the statement in the Mishnah, then why was he a party to that explanation of the contradiction? tied together and regarded as one purse; likewise ‘two purses’ would mean when they are not tied together. In the former case the Sages hold that the purse left is not one of the original two that were tied together. This view is contradictory to the Mishnah which says that the two doves found are of the original three that were tied together from which one had torn itself away. This contradiction is overcome by drawing a distinction between live birds and inanimate purses.