If one would slaughter an animal or a bird on yom tov [and he takes counsel with beth-din], Beth Shammai say: He should dig with a deker and cover it (the blood) [i.e., Beth-din tell him that he may slaughter it ab initio and dig with a deker stuck (in the ground) that he had prepared before (yom tov). That is, he should remove it from its place, bringing up earth as he does so, and cover (the blood) with that earth. (The instance is one in which it is stuck in moist earth, which is fit for covering (the blood), not requiring to be crumbled. ("deker":) a pick, which is stuck in the earth, as in (Numbers 28:8): "And he pierced (vayidkor) them both through."] And they (Beth Hillel) concur that if he had (already) slaughtered it, he should dig with a deker and cover it. And the ashes of a stove are "prepared" (muchan). [This does not refer to the instance of Beth Hillel and Beth Shammai, but is an independent statement, viz.: The ashes of a stove are "prepared," and do not need to be especially set aside, for one has them in mind. And this is so only if it had been lit on the eve of yom tov, but if it had been lit on yom tov, it is forbidden, it not being likely that he had had his mind on them from yesterday. And if they suffice for the roasting of an egg, still being hot, then even if it had been lit on yom tov, it is permitted to cover (the blood) with them. For since they may be moved about for the roasting of an egg, he may also take them and use them for covering (the blood).]
Bartenura on Mishnah Beitzah
השוחט חיה ועוף – he who comes to slaughters a wild beast or fowl and consults with the Jewish court how he should do it.
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English Explanation of Mishnah Beitzah
Introduction
This mishnah deals with slaughtering animals on Yom Tov.
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Bartenura on Mishnah Beitzah
ב"ש אומרים – the Jewish court teaches him that ab initio, he should slaughter it with a mattock (i.e., a pronged tool) stuck in the ground that he prepared while it is still day (i.e., before the start of the Festival – see Talmud Betzah 7b) that is he should uproot it from the place where it is stuck into the ground and bring up dirt and cover it. For we are speaking that it is inserted in crushed/loose earth (see Talmud Betzah 8a) that is appropriate for covering, that is not lacking pounding/crushing.
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English Explanation of Mishnah Beitzah
He who slaughters a wild animal or a bird on a festival Bet Shammai says: he may dig with a pronged tool and cover up [the blood], but Bet Hillel says: he may not slaughter unless he has had earth made ready. According to Leviticus 17:13, when one slaughters an undomesticated animal or any type of fowl the blood must be poured out of the animal and covered with earth. One who slaughters an undomesticated animal or fowl on the festival has a problem. Although it is permitted to slaughter, if he doesn’t have any prepared earth to cover the blood newly dug earth is “muktzeh” and cannot be used. Nevertheless, Bet Shammai permits one to dig up new earth and cover the blood. Bet Hillel says one cannot slaughter unless one has earth already prepared.
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Bartenura on Mishnah Beitzah
דקר – a peg that we stick in the ground, and the language of the peg is (Numbers 25:8): “stabbed both of them.”
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English Explanation of Mishnah Beitzah
But they agree that if he did slaughter he should dig with a pronged tool and cover up [the blood, and] that the ashes of a stove count as being prepared for the holiday. However, they all agree that if he had already slaughtered the animal, even though Bet Hillel says he should not have done so without already prepared earth, he may still dig new earth to cover the blood. This is because the principle of muktzeh is only rabbinically ordained and the obligation to cover the blood is Biblical. When one has two competing commandments, one rabbinic and one Biblical, the latter takes precedence. The two houses also agree that the ashes in the oven are considered prepared for the festival, in other words they are not muktzeh. Since people used these ashes for various purposes, we can make the assumption that before the festival began he knew in his mind that he would use these ashes.
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Bartenura on Mishnah Beitzah
שאפר כירה מוכן הוא – they do not refer to the words/matter of the School of Shammai and the School of Hillel, but it is an entirely separate matter, and this is how it should be understood – that the ashes of the oven should be made ready and that they do not need preparation/designation for a particular purpose that is mind is upon it, and they did not teach other than that which had been heated from the eve of the Festival, but that which was heated on the Festival is prohibited, for one cannot say that his thoughts were upon it from yesterday. For if it was appropriate to roast on it an egg, for it was yet hot ashes/embers, even though it was kindled on the Festival, it is permissible to cover it, for it is worthy of roast on it an egg, they take it also and cover [the blood] with it.
