Beitzah

on the Festival, R. Simeon [b. Yohai] says: This is not mukan.1 But they agree that if it is born [on a Festival] with a blemish it is regarded as mukan.2 Rabbah son of R. Huna expounded: If it is born with a blemish one may examine it at the outset on a Festival. R. Nahman said to him: My father taught: If he transgressed and examined it, it is an examination,3 and you say one may examine it at the outset’! Abaye said: The opinion of Rabbah son of R. Huna4 is more acceptable, for it [the previous Baraitha] teaches three cases: [viz.,] ‘If it received a blemish on the eve of the Festival you may not examine it on the Festival’; it is only at the outset that you may not [examine], but if it has been done it is well and good; ‘If it received a blemish on the Festival, R. Simeon says: This is not mukan’? i.e., even if it has been examined it still may not [be slaughtered]; and then it states, ‘But they agree that if it is born [on a Festival] with a blemish it is regarded as mukan’, [i.e.,] even at the very outset.5 But surely when R. Oshaia came he brought with him the following teaching: Whether it received the blemish on the eve of the Festival, or whether it received the blemish on the Festival, the Sages6 say: This is not regarded as mukan!7 But then there is a contradiction from the other [Baraitha]!8 — The author of that Baraitha is Adda b. Ucmi who blunders in his teaching.9 R. Nahman b. Isaac said: Our Mishnah also proves this;10 for it states: R. Simeon says: WHENEVER ITS BLEMISH WAS NOT OBSERVED ON THE DAY BEFORE THE FESTIVAL IT IS NOT MUKAN. What means ITS BLEMISH WAS NOT OBSERVED? If I were to say that no blemish was visible at all,11 [then] it is obvious; need this be taught? 12 Therefore [it means] that it was not examined by an expert on the eve of the Festival whether it was a passing blemish or a permanent blemish. Nevertheless it teaches IT IS NOT MUKAN;13 understand therefrom [that it is so]. [R.] Hillel14 asked Raba: Does the law of mukzeh apply to a part15 of the Sabbath or not? How can such a contingency arise? If they [the fruit] were fit at twilight16 they were fit;17 and if [at twilight] they were not fit, then they are not fit!18 — It applies to a case where [at twilight] they were fit19 but afterwards became unfit20 and then again became fit.21 What is the law?22 He replied to him: The law of mukzeh applies. He raised an objection: ‘But they agree that if it is born with a blemish it is regarded as mukan’;23 but why? Let us say: This firstling was originally24 fit through its mother;25 when it was born, it became debarred [from use];26 on it being shown to an expert it became permitted!27 — Answered Abaye — some say, R. Safra: It means for example that the experts were present there [at the time of birth].28 Some teach: He replied to him: The law of mukzeh does not apply to a part of the Sabbath. Shall we say [the following] supports him? ‘But they agree that if it is born with a blemish it is regarded as mukan’; now this firstling was originally fit through its mother; when it was born, it became debarred [from use]; on its being shown to an expert it became permitted! — Answered Abaye — some say, R. Safra: It means for example that the experts were present there [at the time of birth]. Come and hear: If one was eating grapes [on a Sabbath] and left some over, which he carried up on the roof to make from them raisins; [or was eating] figs and left some over which he carried up on the roof to make from them dry figs, he may eat of them [on the Festival] only if he had designated them before the Festival;29 the same is true of peaches, quinces and other kinds of fruit.30 Now what are the circumstances? If they were fit,31 why must he designate [them]? If [on the other hand] they were not fit, [then] what even if he does designate them?32 And if you say that he did not know33 whether they were fit or not,34 surely R. Kahana said: [Fruits] set aside [for drying] which had dried [before the eve of the Festival] even if the owners did not know it, are permitted!35 Hence it must surely treat [of a case] where they were fit but [afterwards] became debarred from use and then again became fit, now if you maintain the law of mukzeh does not apply [to such a case] why is it necessary to designate them? — What then: the law of mukzeh does apply? Then what if he does designate them?36 — Rather it treats of a case where they were only half fit,37 some people eating them38 and some not; if he designated them, he made known his mind,39 [but] if he did not designate them he did not make known his mind. R. Zera said: Come and hear [an argument] from beans and lentils; for beans and lentils are in their raw state40 fit for chewing; by putting them in a pot [for cooking] they become inedible;41 only to a case de facto. How could then Abaye support the opinion of Rabbah son of R. Huna in face of this Baraitha? blemish may be examined on a Festival, yet he maintains the law of mukzeh. regarded as mukan’ also refers only to a case de facto. twilight. (during which process they are not edible) but at the commencement of the Sabbath the drying process had finished. V. Deut. XV, 19. were dried. they are fit’.