Beth Shammai say: A ladder may not be taken from one dove-cote to another, but it may be inclined from window to window; and Beth Hillel permit it. [With an upper story ladder, all agree that it is forbidden; and with a dove-cote ladder, too, Beth Hillel concede that it is forbidden to carry it in the public domain. For one who sees him might think that he is carrying it to repair his roof and that he will work on yom tov. Where do they differ? When he carries it in a private domain and is not seen by anyone. Beth Shammai hold that he may not do so, for everything that the sages forbade because of "marith ayin" (giving the wrong impression) is forbidden even in complete privacy. And Beth Hillel permit it, for even though, in general, it is forbidden — here, because of "the joy of yom tov" (i.e., to eat thereon), it is permitted. ("But it may be inclined from window to window":) in the same dove-cote. Dove-cotes generally have a nest for each pair (of birds) and a window for each nest.] Beth Shammai say: He may not take them unless he moved them before yom tov, and Beth Hillel say: He stands and says: "I shall take this and this one." [Beth Shammai and Beth Hillel differ only with regard to the first brood, dove-cote keepers generally sparing the first brood (the first two fledglings, with which the mothers "disport" themselves and which will not leave.) Beth Shammai hold that speech (designation) does not suffice; for when he takes them the next day, he might come to pity them and change his mind, so that he would have moved them without need (which is forbidden on yom tov). But if he moves them and feels them before yom tov thinking to slaughter them (on yom tov), and he does not pity them (at that time), we no longer apprehend that he will come to pity them later. And Beth Hillel hold that we do not decree for the eventuality that he might come to pity them, even with the first brood.]
Bartenura on Mishnah Beitzah
אין מוליכין את סולם משובך לשובך – regarding the ladder of an upper story no one disagrees that it is forbidden and regarding a ladder of a dovecote also, when he brings it in the public domain, the School of Hillel admits that it is forbidden, for a person who sees it would say that he is fixing his roof, he is bringing it and doing work on the Festival, but they (i.e., the Schools of Shammai and Hillel) disagree when he brings it in the private domain and there aren’t people who see him. The School of Shammai holds that they should not bring it, for any thing that the Sages prohibit in order to avoid the semblance of wrong-doing for appearance sake (Talmud Betzah 9a), even in the remotest recesses (i.e., the strictest secrecy) is prohibited, but the School of Hillel permits it, and even though that generally, this is the law, here it is permitted because of the joy of the Festivals.
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English Explanation of Mishnah Beitzah
Introduction
This mishnah continues with two more debates between Bet Shammai and Bet Hillel over what types of food preparations one can do on Yom Tov. Today’s mishnah again deals with muktzeh, the concept that something that was designated for use on Yom Tov or Shabbat may not subsequently be used then. The specific topic is fetching pigeon-doves from a dovecote in order to eat them on Yom Tov.
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Bartenura on Mishnah Beitzah
מחלון לחלון – in the same dovecote itself, for it is the manner of each dovecote to have [many compartments] a nest for each and every pair, and a window for each and every nest.
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English Explanation of Mishnah Beitzah
Bet Shammai says: one may not carry a ladder [on Yom Tov] from one dovecote to another, but he may incline it from one pigeon-hole to another. But Bet Hillel permits [this]. In ancient Israel dovecotes were typically underground caves with many holes carved into the walls, each hole housing a dove. There would be ladders inside the dovecote so that the owner could reach the doves situated high up. According to Bet Shammai one may not move a ladder from one dovecote to another on Yom Tov, however one may move the ladder from one hole to the other within the dovecote. Bet Hillel is more lenient in this case and permits one to move the ladder even from one dovecote to the other. One cogent explanation for this debate is that Bet Shammai prohibits moving the ladder from one dovecote to another lest it look like he is bringing the ladder to the shop to get it fixed. Bet Hillel is not concerned since everyone should know why he would be moving the ladder.
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Bartenura on Mishnah Beitzah
זה וזה אני נוטל – This is a dispute between the School of Shammai and the School of Hillel specificially in the first brood of the year (see Talmud Betzah 10a), for it is the practice of those who raise doves to always leave the first brood which are the first two pigeons, for their mothers console them so that they do not fly off. But the School of Shammai holds that that mere words are not enough, lest they take them on the morrow, and they determine to protect them and would engage in carrying that is not necessary , but when he shakes and uses them while it is still daytime for slaughter, and does not protect them, furthermore, we don’t suspect that he is protecting them. But the School of Hillel does not decree lest he has compassion on them, and even if they are the first brood.
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English Explanation of Mishnah Beitzah
Bet Shammai says: one may not take [doves] unless he has shaken [them] the day before [Yom Tov]: But Bet Hillel says: he stands and declares: this one or that one I am taking. Doves that were not set aside to be slaughtered and then eaten on Yom Tov are muktzeh and may not be used on Yom Tov. However, if they are designated before Yom Tov to be slaughtered on Yom Tov, one may use them. In this mishnah Bet Shammai and Bet Hillel debate how one designates before Yom Tov that he will slaughter certain birds on the next day. According to Bet Shammai one must designate the birds by physically lifting each one up and moving it around. This demonstrates that he intends to use that specific pigeon the next day (if only the pigeon knew that tomorrow won’t be such a Yom Tov for him). Bet Hillel says that the designation is verbal he stands in front of the pigeons and says that he will use these pigeons (good thing they don’t know Hebrew).
