Beitzah

WHENEVER CHASING IS STILL NECESSARY1 IT IS FORBIDDEN2 BUT WHERE CHASING IS NOT STILL NECESSARY IT IS PERMITTED. GEMARA. Now the scholars pointed out a contradiction: One may not catch [animals] from enclosures of venison and game on a Festival nor may one put food before them. Thus the rulings on venison are contradictory and those on game are contradictory. As for the rulings on venison, it is well and there is no difficulty, one agreeing with R. Judah, the other with the Sages. For we have learnt: R. Judah says: If [on a Sabbath] one hunts a bird into a tower-trap or a gazelle into a house he is culpable3 — (only [if he drives it] into a house is he culpable but not into an enclosure).4 But the Sages say: [If he drives] a bird into a tower-trap or a gazelle [even] into a garden, a court or an enclosure [he is culpable].5 But the rulings on game are contradictory! And if you say, this also presents no difficulty, for the one treats of a roofed enclosure and the other of an unroofed enclosure, — surely a house is like a roofed enclosure and [yet] according to both R. Judah and the Sages [he is liable] only [if he drove] a bird into a tower-trap but not into a house! — Said Rabbah b. Huna: We treat here6 of a wild bird which does not submit to taming.7 For the School of R. Ishmael taught: Why is it called free-bird, because it dwells in the house as in the fields.8 Now that you have come to this [explanation],9 there is no contradiction in the rulings on venison, [for] the one refers to a small enclosure; the other, to a large enclosure.10 What is ‘a small enclosure’ [and] what is ‘a large enclosure’? — Said R. Ashi: Whenever one runs after it [the animal] and catches it with one lunge,11 It is a small enclosure, otherwise it is a large enclosure. Alternatively: If there are many corners [whither it can escape] it is a large enclosure, otherwise it is a small enclosure. Alternatively: whenever the shadow of one wall falls upon the other,12 it is a small enclosure, otherwise it is a large enclosure. RABBAN SIMEON B. GAMALIEL SAYS: NOT ALL ENCLOSURES ARE ALIKE etc. R. Joseph said in the name of Rab Judah in the name of Samuel: The halachah is as Rabban Simeon b. Gamaliel. Abaye said to him: ‘The halachah is [etc.],’ from which it would follow that they [the Sages] dispute it!13 — He said to him: What practical difference does it make to you?14 — He replied to him: Is a lesson to be recited as a sing-song? 15 THIS IS THE GENERAL RULE: WHENEVER CHASING IS STILL NECESSARY, etc.: What is meant by CHASING IS STILL NECESSARY? Said R. Joseph in the name of Samuel: Whensoever one has to say, ‘Bring a trap so that we may catch it’.16 Said Abaye to him: But what of geese and hens where one [also] says, ‘Bring a net so that we may catch it’, and yet it was taught: He who catches geese, hens or Herodian doves17 he is free! Said Rabbah son of R. Huna in the name of Samuel: These come at night into their coops [for roosting],18 but those do not come at night into their coops. But what of doves of a dovecote and doves of a loft which [likewise] come at night into their coops, and yet it was taught: He who catches doves of a dovecote or doves of a loft or birds nesting in nests19 or in a residence20 is liable? — Rather, said Rabbah son of R. Huna in the name of Samuel: These come at night into their coops and their feeding is your obligation,21 but those come at night into their coops but you are not obliged to feed them. R. Mari says: These are in the habit of fleeing, but those make no attempt to flee. But surely all of them make an attempt to flee! — I mean they are wont to flee to their nests.22 MISHNAH. IF TRAPS FOR WILD ANIMALS, BIRDS OR FISH WERE SET ON THE EVE OF THE FESTIVAL, ONE MAY NOT TAKE FROM THEM ON THE FESTIVAL UNLESS HE KNOWS THAT THEY WERE [ALREADY] CAUGHT ON THE EVE OF THE FESTIVAL; AND IT ONCE HAPPENED THAT A CERTAIN GENTILE BROUGHT FISH TO RABBAN GAMALIEL WHO SAID: THEY ARE PERMITTED, BUT I HAVE NO WISH TO ACCEPT [THEM] FROM HIM.23 GEMARA. You quote an incident to contradict [the teaching of the Mishnah]! — There is a lacuna in the text and learn thus: When a doubt prevails whether it is in mukan,24 it is forbidden, but Rabban Gamaliel Permits it: AND IT ONCE HAPPENED THAT A CERTAIN GENTILE BROUGHT FISH TO RABBAN GAMALIEL, WHO SAID: THEY ARE PERMITTED BUT I HAVE NO WISH TO ACCEPT [THEM] FROM HIM. Rab Judah said in the name of Samuel: The halachah is not as Rabban Gamaliel. Some recited it [the statement of Samuel] with reference to the [following] teaching: When a doubt prevails whether it was mukan, Rabban Gamaliel permits and R. Joshua prohibits. Said Rab Judah in the name of Samuel: The halachah is as R. Joshua. Some [again] recite it with reference to the following teaching: requisite. liability is not incurred unless the act of hunting is complete and the animal actually caught. regarded as caught. Tannaim.