Beitzah

IF ONE INVITED GUESTS TO HIS HOME, THEY MAY NOT TAKE AWAY WITH THEM [ANY] PORTIONS UNLESS HE [THE HOST] HAD ASSIGNED FOR THEM THEIR PORTIONS ON THE EVE OF THE FESTIVAL. GEMARA. It was stated: If one deposits produce with his neighbour, Rab says: [The produce has the same restrictive limits] as the one with whom they were deposited; but Samuel says: [They have the same restrictive limits] as the one who deposited them. Shall it be said that Rab and Samuel follow their opinions [expressed elsewhere]? For we have learnt: If he brought in1 with permission, the owner of the court-yard is liable. Rabbi says: He is liable only when the owner has undertaken to guard it.2 And R. Huna said in Rab's name: The halachah is according to the opinion of the Sages; whereas Samuel said: The halachah is as Rabbi. Shall it be said that Rab is of the opinion of the Rabbis and Samuel is of the opinion of Rabbi?3 — Rab will say to you: My opinion is even in accordance with Rabbi; for Rabbi holds his opinion there4 because without an explicit declaration he does not undertake supervision,5 but here6 he definitely undertook to look after it. [Also] Samuel will reply [to you]: My opinion is even in accordance with the Rabbis; for the Rabbis hold their opinion there7 because a man wishes it, that his ox should be in the possession of the owner of the court, so that if it does damage he should not be liable; but here,8 does a man then wish that his produce should be in the possession of his neighbour!9 We have learnt: BUT IF HE HIMSELF MADE AN ‘ERUB, HIS PRODUCE IS LIKE HIMSELF. Now if you say [that the produce has the same restrictive limits] as the one with whom it was deposited, even if he himself set an ‘erub, of what avail is it to him?10 — R. Huna replied: In the Academy they declared [that it treats of a case] where he assigned a corner [of his house] to him.11 Come and hear: IF ONE INVITED GUESTS TO HIS HOME, THEY MAY NOT TAKE AWAY WITH THEM PORTIONS UNLESS HE HAD ASSIGNED FOR THEM THEIR PORTIONS ON THE EVE OF THE FESTIVAL. Now if you say [that the produce has the same restrictive limits] as the one with whom it was deposited, even if he assigned [the portions] for them through another person of what avail is it? — Here also, since he assigned [the portions] for them through another person, it is as if he assigned a corner [of his house] to them. Alternatively say: Assignment is different.12 R. Hana b. Hanilai hung up meat13 On the door-bolt.14 He came before R. Huna who said to him: If you yourself hung it up, go and take it away; but if they15 hung it up for you, you may not take it away.16 And even if he himself hung it up, may he then take it away? Surely R. Huna was a disciple of Rab and Rab said: [The produce has the same restrictive limits] as the one with whom it was deposited! — It is different [when he himself hung it up on] the door-bolt, for it is as if he17 assigned for him a corner [of the house]. R. Hillel said to R. Ashi: And if they hung it up for him, may he not take it away? Surely Samuel said: The ox of a cattle-breeder is as the feet of anyone!18 Rabina said to R. Ashi: And if they hung it up for him may he not take it away? Surely Rabbah the son of R. Hana said in the name of R. Johanan: The halachah is as R. Dosa!19 R. Ashi said to R. Kahana: And if they hung it up for him, may he not take it away? Surely we have learnt: Cattle and utensils have the same restrictive limits as the feet of the owners!20 — Rather it is different in the case of R. Hana b. Hanilai, for he was an important man21 and was deeply occupied in his study, and he [R. Huna] said this to him: If you yourself hung it up, then you have an identification mark on it, and you did not let it out of your mind; therefore go and take it away; but if they hung it up for you, then you let it pass out of your mind and you may not take it away.22 MISHNAH. ONE MAY NOT GIVE DRINK AND SLAUGHTER PASTURE ANIMALS,23 BUT ONE MAY GIVE DRINK AND SLAUGHTER HOUSEHOLD ANIMALS. THE FOLLOWING ARE HOUSEHOLD ANIMALS: THEY THAT PASS THE NIGHT IN TOWN. PASTURE ANIMALS ARE SUCH AS PASS THE NIGHT IN [MORE DISTANT] PASTURE GROUND.24 GEMARA. Why does he teach ‘GIVE DRINK AND SLAUGHTER’?25 — He incidentally informs us that a man should water his animal before slaughter on account of the adhesiveness of the skin.26 Our Rabbis taught: The following are pasture animals and the following are household animals. Pasture animals are such as are led out about [the time of] Passover27 and graze in [more distant] meadows, and who are led in at the time of the first rainfall.28 The following are household animals: Such as are led out and graze outside the city-border29 but return and spend the night inside the city-border. Rabbi says: Both of these are household animals; but pasture animals are such as are led out and graze in [more distant] meadows and who do not return to the habitation of men either in summer or in winter. Does then Rabbi accept the prohibition of mukzeh?30 Surely R. Simeon b. Rabbi asked of Rabbi: What is the law, according to R. Simeon, with respect to dates which are set aside for ripening?31 [And] he replied to him: According to R. Simeon as the Rabbis that it belongs to the trustee in respect of guardianship, and therefore it also belongs to him in respect of ritual restrictions. depositor's) possession. omits this last passage.] and was returning to his own place after the lecture. the Festival. an identification mark would however have been noticed only by him himself, and not by the host's house hold who were not immediately concerned with the meat]. since Rabbi defines pasture animals, he accepts this prohibition.