Kommentar zu Beitzah 4:11

מביא. ממקום למקום – within the [Sabbath] boundary limits.

Introduction Even though carrying is allowed on Yom Tov, he should not carry things the same way that he carries things during the week because this makes it look like “business as usual.”

לא יביאם וכו' – to place three or four jugs within a basket or a hamper and carry them, because it appears like a weekday activity to carry burdens. But if it is impossible to make a change, it is permissible.

One who carries jars of wine from place to place, he may not carry them in a basket or in a large basket, but he may carry [them] on his shoulder or in front of him. It is permitted to carry jars of wine from place to place on Yom Tov, as long as one is within the Shabbat border limit. However, when carrying them he should not carry them in the same manner that he does during the week (non-Yom Tov). What he should do is carry them with his hands on his shoulder or in front of him, held against his body. This looks less like he is delivering merchandise and more like he is just bringing wine to a friend’s house.

אבל מביא הוא על כתפו – one or two for it proves that it is for the needs of the Festival day.

Similarly, one who brings straw, he may no drape a large basket over his back, rather he must carry it in his hand. Basically, the same holds true for carrying straw used for lighting a fire or for animal feed.

או לפניו – in his hand.

And one may start [using] a heap of straw, but [one may] not [start using wood] from the back-yard. This third section deals with the concept of muktzeh something is prohibited if it was not designated for use on Yom Tov. He may use the heap of straw even though he did not specifically designate it and has never used that heap before. This is because heaps of straw are automatically set aside for use and do not require any special and intentional designation that they will be used on Yom Tov. In contrast, wood which is in the backyard is not necessarily designated to be used for something that can be done on Yom Tov and one cannot begin to use from that wood on Yom Tov. Indeed, the Hebrew word in this mishnah for backyard is muktzeh because in that area one sets aside things that one doesn’t have a specific intention to use (for those of you learning modern Hebrew, muktzeh is most definitely not a word for backyard.)

וכן המוליך את התבן – for burning or for the cattle.

לא יפשיל קופה לאחוריו – for it appears like a weekday activity.

ומתחילין בערמת התבן – even though he had not ordered it while it is was still daytime (before the start of the holiday) and he was not accustomed to burn with it, for this Tanna does not have the concept of Muktzeh/storage hut.

אבל לא בעצים [שבמוקצה] – something wide at the back of the homes is called Muktzeh (a space back of the dwelling containing stored up wood, cattle in sheds, etc.), on account that it is set aside in back and one does not go in and come out of there frequently. And this wood that we are speaking of here, are large beams of cedar set aside for construction, and regarded as an item set aside due to monetary loss, as they are expensive. For in this case, even Rabbi Shimon, who is not of the opinion that there is a prohibition of muktze, concedes.

אין נוטלין עצים מהן הסוכה – even from a booth that is not of the Mitzvah (i.e., an ordinary booth on the property – not necessarily for Sukkot) such as on Passover or Atzeret/Shavuot, we don’t take from it wood on the Festival day (see Talmud Betzah 31a) because of the tearing down/destruction of the tent.

Introduction This mishnah deals with the places where a person can collect kindling wood in order to cook on Yom Tov.

אלא מן הסמוך לה – such as reeds that are standing near the walls that are not woven with the wall and are not abolished by the wall, therefore, we may take from them on the Festival day.

One may not take wood from a sukkah but only from [what is] next to it. The “sukkah” referred to here is not a sukkah used on the festival of Sukkot, but rather a sort of hut used for shade by farmers out in the field. It is forbidden to take wood that was used in building the sukkah because this is considered “tearing down” which is forbidden on Shabbat and Yom Tov. However, he may take the wood gathered next to the sukkah.

מביאין עצים – detached [wood] pieces

One may bring in from the field wood that is gathered together, and from a karpef [an enclosure] even though it is scattered about. He can bring in wood from the field if it has already been gathered together. However, if it is scattered then it is muktzeh because there was no intent to use that wood for building a fire, and therefore he may not bring it in. From a karpef, a type of enclosure used for storage (see also Eruvin 2:3, 2:5 and 5:2) he may gather even loose wood. Since this wood was put into an enclosure, it has already been designated for use and it is not muktzeh.

מן השדה – that are within the [Sabbath] limit from what is stored up/brought in.

What is a karpef? Any [enclosure] next to the town, the words of Rabbi Judah. Rabbi Yose says: Any [enclosure] which one enters with a key, even if it is [only just] within the Shabbat border. In this section Rabbi Judah and Rabbi Yose debate from what kind of a karpef he can bring in wood. According to Rabbi Judah the karpef has to be close to the city, since only if it is close to the city does he intend to use it on Yom Tov. Rabbi Yose says that the criterion is that the karpef is locked and can only be opened with a key. The wood in such a karpef is not muktzeh, even if the karpef is not next to the city. However, the karpef must be within the Shabbat limit (2,000 cubits in all directions), otherwise he won’t be able to even get there.

ומן הקרפף אפילו מן המפוזר – Our Mishnah represents the opinion of a singular authority and is not Halakha. But rather, the Halakha is that one does not bring in wood other than from the that which is gathered/collected in the enclosure (especially, an enclosed space outside of a settlement). But he should not bring it in from field at all, and even from that which is collected, for his mind is not upon it, since they are not guarded there. But from the enclosure which is guarded and surrounded about, when they are brought in his mind is upon them.

כל שסמוך לעיר – in actuality, and that it has an opening, a key and is guarded, for Rabbi Yehuda requires two things – near the city and has a key/lock. But because he holds that mere enclosures have keys, because of this, he is not anxious to mention it.

ר"י אומר כל שנכנסין לו בפותחת, ואפילו בתוך תחום שבת – since he has key, he doesn’t require it to be close by, but even if it is far until it is close to the end of the Sabbath limit boundary. And if it is nearby, we don’t require a key/lock. For something nearby without a key or a key without it being nearby is permissible. And the Halakha is according to Rabbi Yosi.

אין מבקעין עצים מן הקורות – that are set up in the Land, in order that they do not curve, and stand for building.

Introduction The first topic of this mishnah is chopping wood to make firewood on Yom Tov. The second topic is opening up a sealed storage room to take out produce. Both of these topics touch at least indirectly upon the subject of muktzeh.

ולא מן הקורה שנשברה ביו"ט – and even though that now they exist for burning, at eventide, they don’t exist for this.

One may not chop up wood, neither from beams nor from a beam which was broken on Yom Tov. This first section is concerned with chopping wood from a beam that was not designated for use as firewood before Yom Tov began. One may not chop up a beam that was meant to be used in building because it is muktzeh before Yom Tov there was no intention to use it for fire. Even if the beam breaks on Yom Tov and is now only good for lighting fires, he can’t chop it up into firewood because when Yom Tov began it was muktzeh. Only if it was broken before Yom Tov can he chop it up.

ואין מבקעין לא בקרדום – Our Mishnah is deficient and should be read as follows, but they chop firewood from the beam that was broken on the eve of the Festival day, and when they chop it, they should not do so with an ax.

And one may not chop with an axe or with a saw or with a sickle but only with a [butcher's] chopper. This section refers to wood that one is allowed to chop up on Yom Tov. Even though it is permitted to do so, one shouldn’t do so in a normal fashion because this looks too much like “business as usual.” One shouldn’t use the normal instruments but rather a butcher’s knife, one usually used for cutting bones and meat. This requirement will probably make people prefer to chop up their wood before Yom Tov begins chopping wood with a butcher’s knife won’t make the butcher very happy and it’s not a good idea to tick off people who own big knives.

ולא במגרה – a sort of long knife filled with notches and cuts with it thick wood, for it is the utensil of an artisan.

A [closed] room full of produce which was burst open [on Yom Tov] he may take [produce] out through the breach. Rabbi Meir says: he may make a hole at the outset and bring out [the produce]. This section refers to a storage room that has been closed off by a row of bricks that have not been cemented together. According to the first opinion, if some of the bricks should fall away he may go into the room through the opening and take out the produce and use it on Yom Tov. Since there was no cement sealing the bricks together, the produce is not considered muktzeh. However, according to this opinion, he may not himself remove the bricks because this is too close to “tearing down” a building, a prohibited labor on Shabbat and Yom Tov. Concerning this last ruling, Rabbi Meir disagrees. Since the bricks were not cemented together, he may even take them down and create a new opening on Yom Tov.

מגל – this also is the tool of an artisan, and appears like [one] wanting to do work.

אלא בקופיץ – a mere hatchet (i.e., curved cutting tool) is a knife of butchers and is not the utensil of an artisan. And there are among them those which have two heads, one head is wide and is called the broadside of a double tool (see Talmud Betzah 31b), and the other head is narrow and is called the thin and pointed side of a double tool, and we don’t chop with it other than where its head is narrow and is the thin and pointed side of the double tool.

ונוטל ממקום הפחת – and we don’t say that they are in consequence of a ritual prohibition, for he is not able to make a breach/hollow it out on Yom Tov and his mind is upon them, for the hut/house that is taught In our Mishnah speaks of that which is not built with plaster and lime, but is an arrangement of stones one on top of another without plaster, and not that its breach is not forbidden according to the Torah, therefore they are not forbidden for use or handling [on Shabbat and Festivals], and since we have said regarding eatables forbidden pending the separation of sacred gifts are not forbidden for use and handing and if he transgressed and repaired it, it is made legally fit by giving priestly dues.

אף פוחת לכתחלה – for since there is no plaster there but only bricks stacked on top of the other, he does not tear them down and iit is permitted to make a breach ab initio. But the Halakha is not according to Rabbi Meir.

אין פוחתין את הנר – to take one of the lumps of the artisan of earthenware and to insert his fist into it to engrave a lamp, because he is making a utensil.

Introduction This mishnah deals with several laws concerning the use and production of lamps on Yom Tov.

ואין עושין פחמין – for these are also a utensil for the refinement/smelting of gold, and the wick also is a utensil for kindling, which requires making and repair.

One may not make a hole in a [lump of clay for use as a] lamp because that is making a vessel. Lamps in mishnaic times were basically lumps of clay with a receptacle for oil and a small hole in which one could put a wick. While lighting a lamp is allowed on Yom Tov, making a lamp is not. One may not make a hole in a lump of clay in order to make it into a lamp because making a vessel is forbidden on Yom Tov.

ואין חתכין אותה לשנים – because [in the process] he is repairing a utensil, but to crush it/rub it with his hand is permitted.

One may not make charcoal on Yom Tov. Charcoal is also considered to be a vessel, or at least as important as a vessel. Therefore it is forbidden to make charcoal on Yom Tov.

And one may not cut a wick into two. Rabbi Judah says: he may cut it into two lamps using a fire. Cutting a piece of twine or other material into two in order to make two wicks is also considered similar to making a vessel and is therefore prohibited on Yom Tov. Rabbi Judah says that while one cannot cut the twine into two with a knife or scissors, he can cut it into two by using fire. The Talmud explains that he places two lamps next to each other and one wick in the two lamps, one end in each. He then lights the wick in the middle and it will split in two.

חותכה באור – he places the two ends of the wick in the mouth of two candles that he needs to kindle at once and kindles in the middle, but now that he does not prove that he was repairing something with intention, but merely just to kindle. And the Halakha is according to Rabbi Yehuda.

אין חותכין את הנייר – that they place on it oil, and it stands in the midst of the fire, all o fthis when the oil is within it and it doesn’t burn.

Introduction This mishnah deals with certain preparations made in order to facilitate cooking.

One may not break up a potsherd or cut paper in order to roast on it a salty fish. When grilling a fish it would often be put on a broken shard of a pottery or on a piece of paper in order to prevent it from being burned. The mishnah considers breaking some pottery or cutting a piece of paper to be used as such to be “making a vessel” which is not permitted on Yom Tov.

אין גורפין תנור וכירים – if there fell into them (i.e., the oven and/or the stove) from the paste of the oven and from the plaster , they don’t remove the ashes and coal from the oven for it is like repairing a thing, and it comes like the Rabbis who say that acts that are preliminary to the preparation (as grinding the slaughtering knife) are forbidden.

And one may not rake out an oven or a range, but one may press [the ashes] down. One should not rake out the ashes and dirt from an oven or a range. This is also considered to be “making a vessel” because it makes the oven usable. However, it is permitted to “press down” the ashes, which seems to be a means of getting them out of the way in order to facilitate cooking. The Rambam notes that if one cannot cook unless the ashes are raked out, he may do so because one is allowed to cook on Yom Tov.

מכבשין – lie on the dust and dirt in order that it would be smooth, for if it is impossible for him to bake other than if he removes the ashes and coal form the oven, it is permitted.

And one may not place two jars side by side in order to balance upon them saucepan. Putting two jars next to each other so that there is a fire in between them and then balancing a pan upon them is like building a makeshift range. This is prohibited because it is forbidden to build on Yom Tov.

מקיפין – bring them close to each other, like we don’t bring close a creation.

And one may not prop up a pot with a wooden wedge and the same applies to a door. One may not use small pieces of wood to prop things up on Yom Tov because the wood was intended to be used as kindling. All other uses are prohibited.

לשפות – to arrange and to place upon them a pot and the flame is between the two pots but he forbid it because it is similar to “building.”

And one may not drive cattle with a staff on a festival. But Rabbi Elazar the son of Rabbi Shimon permits it. According to the Talmud, one may not drive cattle with a stick because it looks like he is bringing them to the marketplace to sell. Rabbi Elazar disagrees.

[ואין סומכין] את הקדרה בבקעה – and they do not place wood other than for burning, and chips, wood that been split.

וכן הדלת – they do not support it on chips, for wood is forbidden for use and handling on the Festival regarding all usage outside of burning.

ואין מנהיגים את הבהמה במקל – because it appears like he leads it (i.e, the animal) to be sold in the marketplace.

משלפניו – from what is in front of him in the house.

Introduction In the middle of yesterday’s mishnah we learned that chips of wood can be used only as kindling. Today’s mishnah continues to discuss this subject.

לחצות בו שניו – to take the meat which protrudes between his teeth, and that it is in front of him, is not specifically, for according to Rabbi Eliezer, it is permissible to take it even from the courtyard, as it states that whatever is in the courtyard is ready. But the fact that he (i.e., Rabbi Eliezer) used the term, “in front of him,” because the Rabbis who disagree with him state that even what is in front of him, he can kindle with it, but not to pick at his teeth, for they hold that wood is not used other than for burning.

Rabbi Eliezer says: a man may take a chip from that which is lying before him to pick his teeth with it, and he may collect [chips] from the court yard and make a fire, for everything in a court is prepared [for use on Yom Tov]. Rabbi Eliezer says that one may take a chip of wood that is lying inside his house and use it to pick his teeth clean (aren’t you glad we have toothbrushes). From outside the house one may collect chips of wood and use them to build a fire because according to Rabbi Eliezer all chips of wood are “prepared” to be used as wood for a fire that is they are not muktzeh.

וחכמים אומרים מגבב משלפניו ומדליק – but not from the courtyard, for since they are thin chips and it is a burden to gather the wood and to sweep/rake them up, for from yesterday, they di dnot exist. But when the Mishnah stated that a person takes a chip of wood to pick at his teeth, we hold that even that which is in front of him he should not take other than to kindle, for wood is not given other than for burning. And in two things they disagree. But the Halakha is according to the Sages. And it is not permissible to take a wood chip to pick at his teeth other the manger of the animal, for anything that is fit for the food of an animal is permitted to cut whether on Yom Tov or on Shabbat, and there is nothing regarding them concerning the repair of a utensil.

But the sages say: he may collect only from that which is before him and make a fire. The sages disagree with Rabbi Eliezer on two accounts. First of all, one cannot gather wood from outside the house because it was not designated for use on Yom Tov. Only the wood from inside the house that has been set aside for use can be used. Secondly, they hold that wood can only be used to build a fire. It cannot be used to pick one’s teeth (sorry if you’re a dentist).

אין מוציאין את האור – because it is like “giving birth” and similar to [prohibited] work, for one creates this fire on the Festival day.

Introduction The first section of this mishnah teaches that it is forbidden to produce new fire on Yom Tov. This is related to the prohibition of “muktzeh” which was the topic of yesterday’s mishnah. The second half of the mishnah continues to deal with the laws of muktzeh.

מן העפר – there is ground that when one digs it up, one produces fire from the place of its digging.

One may not produce fire either from wood, or from stones, or from dirt, or from water (. While one is allowed to use fire on Shabbat, one is not allowed to create a new fire by “bringing it out” of a substance such as wood (rubbing sticks together) or from stones (striking a stone against another) or dirt (I don’t really know how this was done) or from water, which is the mishnah’s word for gas. We should remember that today creating new fire is exceedingly easy one just flicks a lighter or strikes a match. In ancient times starting a new fire would have been difficult. Most fire was probably just passed from one existing fire to another. The rabbis prohibited creating a new fire because it didn’t exist before Yom Tov began, much as they forbid the egg that was laid on Yom Tov in the first mishnah of this tractate.

ולא מן המים – one puts water in a white glass utensil and places it in the sun and when the sun is very hot and the glass produces a flame, and brings scraps/chips and they reach the glass and it burns.

Nor may one make tiles red-hot in order to roast on them. It is also forbidden to heat up tiles to cook on them because by heating them up he is forging them. This is considered like completing the making of a vessel which is forbidden on Yom Tov.

רעפים – a hollowed out earthenware utensil in its middle when they cover with them the gardens.

Rabbi Eliezer further said: A man may stand near his “muktzeh” on the eve of Shabbat in the sabbatical year and say: “From here I will eat tomorrow.” But the sages say: [This doesn’t work] unless he marks it out and says, “From here to there.” These words of Rabbi Eliezer are a continuation of his words above in mishnah six, which dealt with muktzeh. The word “muktzeh” here refers, according to its accepted interpretation, to a place where a person has set his fruit to dry out (dates, figs and grapes). In order for these fruits to be available for use on Yom Tov, in other words in order for the things in the “muktzeh” to not be “muktzeh”, one must designate them for use before Yom Tov. Furthermore, this can only happen on the Sabbatical year during which one doesn’t have to separate tithes. During the other years because the fruit in the muktzeh has not generally been tithed, and it is forbidden to tithe on Yom Tov, one cannot eat them on Yom Tov even if he had designated them for use. He could only eat them if they had already been tithed. The mishnah now brings a debate concerning how one designates drying fruit for use. According to Rabbi Eliezer all one needs to do is say “From here I will eat.” The rabbis are stricter and rule that he must point specifically to the area of fruit from which he will eat. Just as Rabbi Eliezer was more lenient in mishnah six, so too he is more lenient than the other sages here.

אין מלבנין – with a flame.

את הרעפים – and specifically with new flints because they are similar to a think that is burned, and they are glazed and strengthened by the flame.

ועוד אמר ר"א – because the Tanna taught one for a leniency regarding that which is not permitted for use on the Sabbath/Festival day (i.e., Muktzeh) and afterwards he taught another thing, and it says, “and furthermore.”

עומד אדם על המוקצה – that requires designation of an object for use [on the coming Holy Day], and the designation is beneficial for it.

ערב שבת בשביעית – when the tithe does not apply on it, and is not missing anything other than a designation. But the same law applies by that which is tithed in and in the rest of the years of the seven-year cycle. But he took something that is usual, for something merely set aside is not tithed, for dried figs and raisins are merely things that are stored away and it is not customary to tithe them prior to the completion of the work.

מכאן אני נוטל למחר – and is enough with these when there is choice.

עד שירשום – with a sign/symbol, for there is no choice. But the Halakha is according to the Sages.