Beitzah

[The prohibition] of making a utensil does not apply to cattle fodder.1 R. Kahana raised an objection to Rab Judah: One may carry about spice-wood for smelling or in order to fan a sick person with it; and he may rub it and smell it but he may not cut off [a piece] in order to smell it;2 and if he did cut off [a piece] he is not culpable, although it is forbidden; he may not cut off [a piece] in order to pick his teeth, but if he did cut off he is liable to a sin-offering!3 — He replied to him: If [the Baraitha had taught that] ‘he is not culpable, yet it is forbidden’, even that would contradict me; how much more so when it states ‘he is liable for a sin-offering’; but that [Baraitha] was taught with respect to hard [spice-wood].4 But is hard [spicewood] capable of being rubbed! — There is a lacuna and must be taught as follows: ‘He may rub it and smell it and he may cut off [a piece] and smell it’. This only applies to soft spice-wood, but he may not cut hard [spice-wood], and if he does cut it, he is not culpable, although it is forbidden; he may not cut off [a piece] in order to pick his teeth, but if he does cut off he is liable to a sin-offering. One [Baraitha] teaches: He may cut off [a piece] and smell it; and another [Baraitha] teaches: He may not cut off in order to smell thereof? — Said R. Zera in the name of R. Hisda: There is no contradiction; one refers to soft [spice-wood]; the other, to hard. To this R. Aha b. Jacob demurred: Why [may he] not [cut off] from hard [spice-wood]?5 In what respect is this different from what we learnt: A man may break open a cask in order to eat of its dry figs, provided that he does not intend to make a utensil [of it].6 And furthermore, Raba son of R. Adda and Rabin son of R. Adda have both related: When we were staying with Rab Judah he broke a branch off7 and gave us each a piece of aloe-wood, although they were [so hard that they were] capable of being used as a handle for a bill or an axe!8 — There is no contradiction; the one is according to R. Eliezer, and the other is according to the Rabbis; for it was taught: R. Eliezer says: A man may take a chip from [wood] lying before him to pick his teeth with it, but the Sages say: He may take [it] only out of a cattle-crib;9 but they both agree that he may not cut off [a piece], and if he did cut off to pick his teeth or to open a door with it,10 if he did it unwittingly on a Sabbath, he is liable to a sin-offering, and if he did it deliberately on a Festival he is liable to receive forty lashes: this is the opinion of R. Eliezer. But the Sages say: Both the one and the other are forbidden only as a shebuth.11 [Now] R. Eliezer12 who says there,13 ‘he is liable to a sin-offering’, [will hold] here [that] he is not culpable, although it is forbidden; the Rabbis who say there, ‘he is not culpable although it is forbidden’ [maintain] here [that] it is permitted at the outset. But does not R. Eliezer accept the teaching, A man may break open a cask in order to eat of its dry figs provided that he does not intend to make a utensil? — Said R. Ashi: That was taught with respect to a barrel whose parts are stuck together with pitch.14 AND HE MAY COLLECT FROM THE COURT: Our Rabbis taught: He may collect from the court and make a fire, for every thing in the court is mukan, provided that he does not make many heaps; but R. Simeon permits [even this]. In what do they differ? — One is of the opinion: It looks as though he were gathering for the morrow and the day after;15 and the other is of the opinion: His pot bears testimony for him.16 ONE MAY NOT PRODUCE FIRE. What is the reason? Because he is creating [something new] on a Festival. NOR MAY ONE MAKE TILES RED-HOT. What does he do?17 — Said Rabbah b. Bar Hana in the name of R. Johanan: We are dealing here with new bricks [and the prohibition is] because preventative decree exists.