It is forbidden "to be counted" for (the purchase of) a beast ab initio on yom tov. [Monies are not stipulated, e.g., two or three men are not permitted to say: We will buy this beast for three zuz, a zuz for each.] But it is permitted to do so on yom tov eve, and they slaughter and divide among themselves (on yom tov) [in halves, thirds, and quarters, without mentioning the monies they had stipulated.] R. Yehudah says: It is permitted to weigh meat against a vessel or against a hatchet. [Even though it is forbidden to weigh by the pound, this being a mundane activity, it is permitted to weigh against a vessel or against a hatchet and so see the next day how much they weigh.] And the sages say: A scale may not be looked at, at all. [It is forbidden to put meat on the balance even to protect it against mice. The halachah is in accordance with the sages.]
Bartenura on Mishnah Beitzah
אין נמנין – fix a price so that two or three people would say that this animal is for three Zuzim, one per person.
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English Explanation of Mishnah Beitzah
Introduction
As we have learned many times, it is permitted to slaughter an animal on Yom Tov. In the mishnaic times most people would have bought shares in an animal from a butcher before the day the animal was slaughtered and then paid for it on the day it was slaughtered. Our mishnah teaches how this arrangement may be worked out so that people may buy freshly slaughtered meat on Yom Tov without it looking as if they are conducting business as usual.
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Bartenura on Mishnah Beitzah
ושוחטין ומחלקים ביניהן – at one half, one third or one-fourth, and for one does not mention the fixing of the price.
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English Explanation of Mishnah Beitzah
They may not be counted as having a share in an animal at the outset on Yom Tov, but they may be counted [as having a share in an animal] on the eve of Yom Tov, and they may then slaughter it and divide it between them [on Yom Tov]. People may not go to a butcher on Yom Tov and decide how to divide up and pay for an animal that is to be slaughtered on that day. The problem with this is that it looks too much like one is engaging in business as usual. Hence it is prohibited. Rather what they may do is divvy up the various parts of the animal before Yom Tov before it is slaughtered and set a price for each part. Then on Yom Tov they may come have the butcher slaughter the animal and collect the parts which they reserved and pay for them at a later date. Since there is no verbal give and take on Yom Tov, it does not look as much like business as usual.
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Bartenura on Mishnah Beitzah
שוקל אדם בשר – even though it is prohibited to weigh a pound, for it is the activity of a weekday, it is permissible to weigh meat in the place with a utensil in the balance with a chopper, and on the next day, they will see the chopper and the utensil as to their [combined] weight.
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English Explanation of Mishnah Beitzah
Rabbi Judah says: a man may weigh meat [on Yom Tov] against a utensil or against a butcher's chopper. But the sages say: one may not pay attention to the scales at all. The debate here is concerning weighing out meat at the butcher’s on Yom Tov. All agree that the butcher cannot just weigh out meat as usual, using weights on the scale, because that looks too much like conducting business as usual. They also all agree that one can go to a butcher and get meat on Yom Tov. This is necessary to ensure that the average person has access to fresh meat so that he can enjoy his Yom Tov to the fullest extent. As a solution to the problem of the butcher weighing out the meat, Rabbi Judah says that the butcher may use other utensils on the other side of the scales. For instance, if he knows that his chopping knife weighs 2 kilo, he can weigh out meat according to the weight of his knife. This looks different enough that everyone will know that he is not engaging in business as usual. The sages say that this is still too much like business as usual. The sages forbid any use of the scales on Yom Tov. All that the butcher and client may do is estimate the weight of the meat and then hope that it turns out to be fair.
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Bartenura on Mishnah Beitzah
וחכ"א אין משגיחין – do not investigate.
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Bartenura on Mishnah Beitzah
בכף מאזנים כל עיקר – even to preserve the meat from the mice, it is prohibited to place them on the weighing scale. And the Halakha is according to the Sages.
