A beast that was born on Yom Tov — all agree that it is permitted to be eaten, [this, provided that its gestation period has been completed.] and a chick that emerged from its egg (on Yom Tov) — all agree that it is forbidden. If one would slaughter an animal and a bird [on Yom Tov, and inquires of beth-din how it should be done] — Beth Shammai say: [Beth-din instructs him to slaughter ab initio and] to dig with a mattock ("deker") [that he had stuck in the ground before Yom Tov] and cover (the blood). [That is, he is to remove it from the place where he had stuck it, take up earth, and cover (the blood) with it. We are speaking of an instance where it is stuck in moist earth which is fit for covering, not lacking crumbling. ("deker") as in (Numbers 25:8): "And he thrust through ('vayidkor') both of them."] And Beth Hillel say: He may not slaughter unless he had earth prepared. And they agree that if he had (already) slaughtered, he may dig with a mattock and cover it. And oven ashes are (considered) "prepared." [This does not refer to the instance of Beth Hillel and Beth Shammai, but is an independent statement, viz.: "Oven ashes are (considered) 'prepared.'" And this obtains only when the oven had been fired before Yom Tov; but if it has been fired on Yom Tov it is forbidden, for it cannot be said that his mind was set on it from yesterday. And if an egg can be roasted in it, the ashes still being hot, it is permitted to cover (the blood) with it. Since they may still be stirred for roasting an egg, he may also use them for covering.]
Bartenura on Mishnah Eduyot
הכל מודים שהוא מותרת – for it known that the fetus completed its months.
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English Explanation of Mishnah Eduyot
Introduction
This mishnah continues the subject of yesterday’s mishnah, muktzeh.
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Bartenura on Mishnah Eduyot
ואפרוח שיצא – everyone admits/agrees that it is prohibited because of the moving creatures of the birds.
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English Explanation of Mishnah Eduyot
A beast which was born on a festival all agree that it is permitted; and a chicken which was hatched from the egg all agree that it is forbidden. This section contains an elaboration of the dispute that was in the first section of the previous mishnah. There we saw that a dispute with regards to an egg born on a festival: Beth Shammai permitted its consumption and Beth Hillel forbid. In this mishnah we learn that there are two other similar instances where the two houses do not disagree. They both hold that a beast that was born on a festival is permitted. Although the beast was not born before the festival, and therefore might have been thought to be “muktzeh”, it in reality was available since if the mother had been slaughtered, the unborn young could have been eaten as well. The two houses also agree that a chicken hatched on the festival is forbidden. Even though Beth Shammai permits an egg that is laid, the chicken that is hatched is different because it was still in its shell the day before. Unlike the beast which was in its mother who could have been slaughtered and eaten, the chicken was not part of another animal that could have been eaten.
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Bartenura on Mishnah Eduyot
השוחט חיה ועוף (this part of the Mishnah is also taught in Tractate Betzah, Chapter 1, Mishnah 2) – who comes to slaughter beasts and fowl on Holy Days and they took counsel in the Jewish court how one might do this.
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English Explanation of Mishnah Eduyot
He who slaughters a wild animal or a bird on a festival Beth Shammai says: he may dig with a pronged tool and cover up [the blood] , but Beth Hillel says: he may not slaughter unless he has had earth made ready. 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. According to Leviticus 17:13, when one slaughters an undomesticated animal or any type of foul the blood must be poured out of the animal and covered with earth. One who slaughters an undomesticated animal or foul 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, Beth Shammai permits one to dig up new earth and cover the blood. Beth Hillel says one cannot slaughter unless one has earth already prepared. However, they all agree that if he had already slaughtered the animal, even though Beth 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 different 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 Eduyot
ב"ש אומרים – The Jewish court teaches him that he may slaughter [the animal] ab initio and dig with a mattock/pronged-tool stuck into the ground that he has while it is still daylight, that is to say, he should from the place where it is stuck and bring up dirt and cover it (i.e., the blood]. And we are speaking of that which is stuck in crushed/loose earth that is suitable for covering which is not lacking crushing/pounding.
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Bartenura on Mishnah Eduyot
דקר – a peg which we stick into the ground; the language of (Numbers 25:8): “[He followed the Israelite into the chamber] and stabbed both of them…”
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שאפר כירה מוכן הוא – it does not refer to the matters of the Schools of Shammai and Hillel but rather it is an independent matter of its own and this is how it should be understood: the ashes of the stove may be regarded as set in readiness. And it is not taught that it was heated from the Eve of the Holy Day, but if it was heated on the Holy Day, it is prohibited as we cannot say that from the day before, our mind was upon it. And if it is appropriate to roast an egg in it, for still there are hot ashes/embers, it is permitted to cover it. Since one can turn it over to roast it an egg, we can take it also and cover it.
