Beitzah 1

בֵּיצָה שֶׁנּוֹלְדָה בְיוֹם טוֹב, בֵּית שַׁמַּאי אוֹמְרִים, תֵּאָכֵל. וּבֵית הִלֵּל אוֹמְרִים, לֹא תֵאָכֵל. בֵּית שַׁמַּאי אוֹמְרִים, שְׂאֹר בְּכַזַּיִת וְחָמֵץ בְּכַכּוֹתֶבֶת. וּבֵית הִלֵּל אוֹמְרִים, זֶה וָזֶה בְּכַזָּיִת:

An egg that was hatched on yom tov [after Shabbath] — Beth Shammai say: It may be eaten; Beth Hillel say: It may not be eaten. [The rationale of Beth Hillel: Every egg that is hatched today is completed the day before, so that Shabbath is found to have "prepared" for yom tov; but Scripture states (Exodus 16:5): "And it shall be on the sixth day, that they shall prepare (for Shabbath) what they shall bring" — and the sixth day is generally chol (mundane, not a holy day) — whence: Chol prepares for Shabbath, and chol prepares for yom tov (which is also called "Shabbath"), but yom tov does not prepare for Shabbath and Shabbath does not prepare for yom tov. And preparation of the type of the egg, even though it is in the hands of Heaven, is, nonetheless, called "preparation." However, since Shabbath and yom tov are distinctive, their meal requires preparation in chol, and one of them may not prepare for the other, even preparation in the hands of Heaven — but a meal of chol is not distinctive and does not require preparation, so that on a Sunday in general, which is not a yom tov, an egg hatched on it is not to be forbidden because it was prepared on Shabbath, for the Torah does not require preparation for a meal of chol from the day before. And they forbade an egg hatched on any yom tov, even not after Shabbath — a decree by reason of yom tov after Shabbath. Likewise, they forbade sucking raw an egg hatched on any Shabbath — a decree by reason of Shabbath after yom tov. And with Shabbath and yom tov, one following the other, an egg hatched on the first is forbidden on the second. And the same holds with the two days of Rosh Hashanah. But with the two yom tov days of exile, where, perforce, one of them is chol, an egg hatched on the first is permitted on the second.] Beth Shammai say: Se'or (leavening) (is forbidden) with the size of an olive, and chametz (leavened food), with the size of a date. [In respect to eating, all agree that both are forbidden with an olive size, Scripture beginning with se'or and concluding with chametz, viz. (Exodus 12:19): "Se'or shall not be found in your houses, for all who eat chametz, etc." — to apprise us that (in respect to eating) se'or and chametz are one and the same. Where do they differ? In respect to removal. Beth Shammai hold that since (in respect to removal) Scripture wrote of both, se'or and chametz (Ibid. 13:7) rather than writing that chametz, the lesser "leavening," must be removed, whereby we could infer a fortiori that se'or, the greater "leavening," must of a certainty be removed — it must be that the (forbidden) size of one is not the same as that of the other, (the halachah of) removal not being derived from (that of) eating. And Beth Hillel hold that both (are forbidden) with an olive size, removal being derived from eating. And because these (first) three things are among the lenient rulings of Beth Shammai and the stringent rulings of Beth Hillel in respect to yom tov, they are adduced together.]

הַשּׁוֹחֵט חַיָּה וָעוֹף בְּיוֹם טוֹב, בֵּית שַׁמַּאי אוֹמְרִים, יַחְפֹּר בְּדֶקֶר וִיכַסֶּה, וּבֵית הִלֵּל אוֹמְרִים, לֹא יִשְׁחֹט, אֶלָּא אִם כֵּן הָיָה לוֹ עָפָר מוּכָן מִבְּעוֹד יוֹם. וּמוֹדִים, שֶׁאִם שָׁחַט, שֶׁיַּחְפֹּר בְּדֶקֶר וִיכַסֶּה, שֶׁאֵפֶר כִּירָה מוּכָן הוּא:

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).]

בֵּית שַׁמַּאי אוֹמְרִים, אֵין מוֹלִיכִין אֶת הַסֻּלָּם מִשּׁוֹבָךְ לְשׁוֹבָךְ, אֲבָל מַטֵּהוּ מֵחַלּוֹן לְחַלּוֹן. וּבֵית הִלֵּל מַתִּירִין. בֵּית שַׁמַּאי אוֹמְרִים, לֹא יִטֹּל, אֶלָּא אִם כֵּן נִעֲנֵעַ מִבְּעוֹד יוֹם. וּבֵית הִלֵּל אוֹמְרִים, עוֹמֵד וְאוֹמֵר זֶה וָזֶה אֲנִי נוֹטֵל:

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.]

זִמֵּן שְׁחוֹרִים וּמָצָא לְבָנִים, לְבָנִים וּמָצָא שְׁחוֹרִים, שְׁנַיִם וּמָצָא שְׁלֹשָׁה, אֲסוּרִים. שְׁלֹשָׁה וּמָצָא שְׁנַיִם, מֻתָּרִים. בְּתוֹךְ הַקֵּן וּמָצָא לִפְנֵי הַקֵּן, אֲסוּרִים. וְאִם אֵין שָׁם אֶלָּא הֵם, הֲרֵי אֵלּוּ מֻתָּרִים:

If he prepared black and found white, white and found black (they are forbidden). [This (as it stands) is obvious and need not be stated. What is meant is that if he prepared black and white, and found black in the place of white, and white in the place of black, etc. And this is how our Mishnah is to be understood: If he prepared black in one nest and found white in it; and if he prepared white in another nest and found black in it — we might think that they are the same birds and that they changed nests; we are, therefore, apprised otherwise.] (If he prepared) two and found three [and he does not recognize those he prepared], they are [all] forbidden. (If he prepared) three and found two, they are all permitted. [For we assume that one left and the other remained, and we do not say that just as one left so they all left and these are other birds.] (If he prepared them) inside the nest and found them outside [and found nothing inside the nest], they are forbidden. And if they were the only ones there [in the dove-cote], they are permitted. [And even if there is another dove-cote within fifty cubits of it, if that dove-cote is not aligned with this one, but in a corner, we do not surmise that it might have come from that dove-cote; for fledglings, so long as they do not fly, but hop, hop only to a nest aligned with theirs, only, if when they turn around, they can see their nest.]

בֵּית שַׁמַּאי אוֹמְרִים, אֵין מְסַלְּקִין אֶת הַתְּרִיסִין בְּיוֹם טוֹב. וּבֵית הִלֵּל מַתִּירִין אַף לְהַחֲזִיר. בֵּית שַׁמַּאי אוֹמְרִים, אֵין נוֹטְלִין אֶת הָעֱלִי לְקַצֵּב עָלָיו בָּשָׂר. וּבֵית הִלֵּל מַתִּירִין. בֵּית שַׁמַּאי אוֹמְרִים, אֵין נוֹתְנִין אֶת הָעוֹר לִפְנֵי הַדּוֹרְסָן וְלֹא יַגְבִּיהֶנּוּ, אֶלָּא אִם כֵּן יֵשׁ עִמּוֹ כַזַּיִת בָּשָׂר. וּבֵית הִלֵּל מַתִּירִין. בֵּית שַׁמַּאי אוֹמְרִים, אֵין מוֹצִיאִין לֹא אֶת הַקָּטָן וְלֹא אֶת הַלּוּלָב וְלֹא אֶת סֵפֶר תּוֹרָה לִרְשׁוּת הָרַבִּים. וּבֵית הִלֵּל מַתִּירִין:

Beth Shammai say: It is forbidden to remove shutters on yom tov. [Spice-merchants have shops built like chests, standing in the marketplace and not attached to the ground. Shutters are used to close the openings of those chests and sometimes they are removed from the opening and the spices spread out upon them.] Beth Hillel permit even putting them back. [With shutters that are entirely without a hinge, all agree that they may be used to close even the entrance of a house in the courtyard. And with shutters that have a hinge on the side, all agree that it is forbidden to close even the openings of shops with them, this being similar to "building." Where do they differ? In respect to shutters that have a hinge in the middle, a kind of projection which is stuck into a hole in the middle of the wall of the opening of the shop. Beth Shammai hold that we decree against a hinge in the middle by reason of a hinge on the side; and Beth Hillel hold that we do not so decree with shop shutters and that it is permitted to put them back. For he must take out the spices, and if he were not permitted to put them back, he would not open (his shop) and this would detract from "the joy of yom tov."] Beth Shammai say: It is forbidden to take a pestle to carve meat thereon. [A pestle is a large, round piece of wood, used for crushing grits and the like, which, because of its weight and size is not considered a vessel (and thus forbidden to be moved on yom tov).] Beth Hillel permit it [because of "the joy of yom tov," even though it is not considered a vessel.] Beth Shammai say: It is forbidden to place (animal) hide before treaders [so that it not spoil], and it may not be lifted [to move it, after it has been spread out]. Beth Hillel permit it. [For if it were not permitted, he would not slaughter the animal so that the hide not be spoiled, and this would detract from "the joy of yom tov."] Beth Shammai say: Neither a minor, nor a lulav, nor a Torah scroll may be carried out to the public domain [i.e., Nothing (may be carried out) which is not needed for purposes of eating]; and Beth Hillel permit it, [saying: Since it (carrying) was permitted for eating purposes, it was also permitted for non-eating purposes. This, provided that it be for the sake of a mitzvah, as in the instances of our Mishnah, or for some benefit, as (carrying) the key of one's house and the like (as opposed to taking out stones and the like, Beth Hillel conceding that this is forbidden)].

בֵּית שַׁמַּאי אוֹמְרִים, אֵין מוֹלִיכִין חַלָּה וּמַתָּנוֹת לַכֹּהֵן בְּיוֹם טוֹב, בֵּין שֶׁהוּרְמוּ מֵאֶמֶשׁ, בֵּין שֶׁהוּרְמוּ מֵהַיּוֹם. וּבֵית הִלֵּל מַתִּירִין. אָמְרוּ לָהֶם בֵּית שַׁמַּאי, גְּזֵרָה שָׁוָה, חַלָּה וּמַתָּנוֹת מַתָּנָה לַכֹּהֵן, וּתְרוּמָה מַתָּנָה לַכֹּהֵן, כְּשֵׁם שֶׁאֵין מוֹלִיכִין אֶת הַתְּרוּמָה, כָּךְ אֵין מוֹלִיכִין אֶת הַמַּתָּנוֹת. אָמְרוּ לָהֶם בֵּית הִלֵּל, לֹא, אִם אֲמַרְתֶּם בַּתְּרוּמָה, שֶׁאֵינוֹ זַכַּאי בַּהֲרָמָתָהּ, תֹּאמְרוּ בַמַּתָּנוֹת, שֶׁזַּכַּאי בַּהֲרָמָתָן:

Beth Shammai say: It is forbidden to bring challah and (the priestly) gifts to a Cohein on yom tov, whether they were separated (to be given to the priest) the day before or on the day (of yom tov) itself. [Even though it is permitted to separate challah (on yom tov), they did not permit it to be carried (to the priest) but only the "amending" of the dough and not more. ("gifts":) shoulder, cheeks, and maw.] Beth Hillel permit it. Beth Shammai said to them (to Beth Hillel): Gzeirah shavah (an identity) [Not a real (Torah) identity; for it is all a rabbinic decree stemming from the decree that terumoth and ma'aseroth are not separated on yom tov. It is only "similar" to a gzeirah shavah.], viz.: Challah and the (priestly) gifts are gifts to the Cohein; and terumah is a gift to the Cohein [one of the twenty-four priestly gifts.] Just as terumah is not brought (to a Cohein on yom tov), so (the other) gifts are not brought. Beth Hillel rejoined: No, if you say (that it is forbidden), that is in respect to terumah, which he is not authorized to separate — unlike the (priestly) gifts, which he is authorized to separate. [This Mishnah is rejected in the gemara, Beth Shammai and Beth Hillel not disagreeing that challah and gifts are brought but only as to the bringing of terumah, Beth Shammai saying that it is not brought, and Beth Hillel, that it is. Beth Hillel said to Beth Shammai: Challah and the (priestly) gifts are gifts to the Cohein, and terumah is a gift to the Cohein. Just as gifts are brought (to a Cohein on yom tov), so terumah is brought! Beth Shammai rejoined: No, if you say (that it is permitted), that is in respect to challah and (priestly) gifts, which he is authorized to separate, the sages having accorded him the right to do so; for the obligation to do so comes on yom tov (itself), it being permitted to knead and slaughter on yom tov. And since those of yom tov were permitted, they permitted bringing even those which had been separated before yom tov — unlike the instance of terumah, which he is not authorized to separate (on yom tov). For the grain pile cannot be subject to terumah on yom tov, the terumah obligation obtaining only from the time of the leveling of the pile, which is forbidden on yom tov — for which reason it is forbidden to bring terumah (to the Cohein) on yom tov.]

בֵּית שַׁמַּאי אוֹמְרִים, תְּבָלִין נִדּוֹכִין בְּמָדוֹךְ שֶׁל עֵץ, וְהַמֶּלַח בְּפַךְ, וּבְעֵץ הַפָּרוּר. וּבֵית הִלֵּל אוֹמְרִים, תְּבָלִין נִדּוֹכִין כְּדַרְכָּן בְּמָדוֹךְ שֶׁל אֶבֶן, וְהַמֶּלַח בְּמָדוֹךְ שֶׁל עֵץ:

Beth Shammai say: Spices may be pounded (on yom tov) with a wooden pestle, [but not with a stone one. With this wooden pestle, however, they may be pounded in the normal manner, without any variation; for their flavor dissipates if pounded the day before.], and salt (may be crushed) with [an earthen] jug or with a wooden pot ladle. [For (the crushing of) salt requires a variation (shinui), in that it should have been crushed the day before, its flavor not going lost.] And Beth Hillel say: Spices may be pounded in the normal manner, with a stone pestle, and salt, with a wooden one. [The halachah is that one who wishes to crush salt on yom tov turns the pestle on its side and crushes it with a shinui, and spices may be pounded in the normal manner without a shinui.]

הַבּוֹרֵר קִטְנִית בְּיוֹם טוֹב, בֵּית שַׁמַּאי אוֹמְרִים, בּוֹרֵר אֹכֶל וְאוֹכֵל. וּבֵית הִלֵּל אוֹמְרִים, בּוֹרֵר כְּדַרְכּוֹ בְּחֵיקוֹ, בְּקָנוֹן וּבְתַמְחוּי, אֲבָל לֹא בְטַבְלָא וְלֹא בְנָפָה וְלֹא בִכְבָרָה. רַבָּן גַּמְלִיאֵל אוֹמֵר, אַף מֵדִיחַ וְשׁוֹלֶה:

If one picks out peas on yom tov — Beth Shammai say: He picks the food and eats it [He picks the food (the peas) one by one from the psoleth (the non-edible parts)], and Beth Hillel say: He picks out (the psoleth) in the normal manner on his lap, in a reed basket, or in a tray, [so long as the exertion of picking out the psoleth is not greater (than that of picking out the food); but if it is greater (as when the psoleth is especially thin), even if there is more food than psoleth, Beth Hillel agree that he picks out the food and leaves the psoleth, reduction of exertion being the prime criterion.]; but he may not (pick it out) on the table, with a sifter, or with a sieve. R. Gamliel says: He may also rinse them and pick it (the psoleth) out (sholeh). [He brings a vessel full of peas, pours water on them, the psoleth rises to the surface, and he removes it with his hand. "sholeh," as in (Exodus 3:5): "Remove (shal) your shoes." The halachah is not in accordance with R. Gamliel.]

בֵּית שַׁמַּאי אוֹמְרִים, אֵין מְשַׁלְּחִין בְּיוֹם טוֹב אֶלָּא מָנוֹת. וּבֵית הִלֵּל אוֹמְרִים, מְשַׁלְּחִין בְּהֵמָה חַיָּה וָעוֹף, בֵּין חַיִּין בֵּין שְׁחוּטִין. מְשַׁלְּחִין יֵינוֹת שְׁמָנִים וּסְלָתוֹת וְקִטְנִיּוֹת, אֲבָל לֹא תְבוּאָה, וְרַבִּי שִׁמְעוֹן מַתִּיר בִּתְבוּאָה:

Beth Shammai say: One may not send [a gift to his friend] on yom tov, except manoth [something prepared, which is not generally put away for the next day, such as meat or fish.] Beth Hillel say: One may send a beast, an animal, or a bird, whether alive or slaughtered. [Beth Hillel permit sending it only with one or two persons; but it is forbidden to do so with three or more, for this makes a "stir," and the impression is given that they are taking it to market to sell.] One may send wine, oil, meal, and pulse, but not grain, [it not being fit for eating without being ground, and grinding being forbidden on yom tov.] R. Shimon permits it with grain, [for it can be crushed in a small mortar and cooked as a dish. The halachah is not in accordance with R. Shimon.]

מְשַׁלְּחִין כֵּלִים, בֵּין תְּפוּרִין בֵּין שֶׁאֵינָן תְּפוּרִין, וְאַף עַל פִּי שֶׁיֵּשׁ בָּהֶן כִּלְאַיִם, וְהֵן לְצֹרֶךְ הַמּוֹעֵד, אֲבָל לֹא סַנְדָּל הַמְסֻמָּר וְלֹא מִנְעָל שֶׁאֵינוֹ תָפוּר. רַבִּי יְהוּדָה אוֹמֵר, אַף לֹא מִנְעָל לָבָן, מִפְּנֵי שֶׁצָּרִיךְ אֻמָּן. זֶה הַכְּלָל, כֹּל שֶׁנֵּאוֹתִין בּוֹ, בְּיוֹם טוֹב מְשַׁלְּחִין אוֹתוֹ:

Clothes may be sent (on yom tov), whether sewn [and fit to be worn] or not sewn [and fit for covering], even if they contain kilayim (a forbidden admixture of materials) [When they are stiff and do not add warmth, it is permitted to lie upon them], so long as they be for the need of the festival. But one may not send a nailed sandal [a sandal of wood covered with nails, the sages having decreed against its being worn on Shabbath and yom tov because of a particular occurrence in which it brought about the death of Jewish martyrs (Shabbath 6b)], nor a sandal which is not sewn, [even if it is held together with wooden pegs or the like]. R. Yehudah says: Nor (may he send) a white shoe, for it requires a craftsman (to blacken it)]. This is the rule: Whatever can be enjoyed may be sent on yom tov. [This is what is meant: Whatever can be enjoyed on a weekday, as it is, without requiring further work, even though it cannot be enjoyed on yom tov (such as tefillin, which can be worn during the week as they are, but which are not worn on yom tov) may be sent on yom tov.]