Beitzah 3

אֵין צָדִין דָּגִים מִן הַבֵּיבָרִין בְּיוֹם טוֹב, וְאֵין נוֹתְנִין לִפְנֵיהֶם מְזוֹנוֹת. אֲבָל צָדִין חַיָּה וָעוֹף מִן הַבֵּיבָרִין, וְנוֹתְנִין לִפְנֵיהֶם מְזוֹנוֹת. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר, לֹא כָל הַבֵּיבָרִין שָׁוִין. זֶה הַכְּלָל, כָּל הַמְחֻסָּר צִידָה אָסוּר, וְשֶׁאֵינוֹ מְחֻסָּר צִידָה מֻתָּר:

Fishes may not be "hunted" from fisheries on yom tov. [Even though slaughtering, baking, and cooking are among the avoth melachoth (proto-labors) and are permitted for yom tov needs, hunting is similar to harvesting, and harvesting was not permitted on yom tov.] And food is not placed before them [the fishes; for they can survive without it and there is no obligation to feed them.] But animals and birds [which were prepared the day before] may be hunted from [small] vivariums [where they are readily hunted.] R. Shimon b. Gamliel says: Not all vivaria are alike. [R. Shimon b. Gamliel does not come to differ with the first tanna but to explain his meaning.] This is the rule: Whatever is not readily hunted [i.e., where trapping stratagems must be devised] is forbidden; and whatever is readily hunted [i.e., what can be caught with one bound] is permitted.

מְצוּדוֹת חַיָּה וָעוֹף וְדָגִים שֶׁעֲשָׂאָן מֵעֶרֶב יוֹם טוֹב, לֹא יִטֹּל מֵהֶן בְּיוֹם טוֹב, אֶלָּא אִם כֵּן יוֹדֵעַ שֶׁנִּצּוֹדוּ מֵעֶרֶב יוֹם טוֹב. וּמַעֲשֶׂה בְנָכְרִי אֶחָד, שֶׁהֵבִיא דָגִים לְרַבָּן גַּמְלִיאֵל, וְאָמַר, מֻתָּרִין הֵן, אֶלָּא שֶׁאֵין רְצוֹנִי לְקַבֵּל הֵימֶנּוּ:

(With) snares for animals, birds, or fish, which were set before yom tov — one may not take from them on yom tov (what is caught in them), unless he knows that it was caught before yom tov. And once a certain gentile brought fish (on yom tov) to R. Gamliel, who said: "It is permitted, but I do not want to take it from him." [The Mishnah is defective. It was taught thus: "Something that was 'possibly' ready for use (on yom tov eve) is forbidden. R. Gamliel permits it. And once a certain gentile, etc." The halachah is not in accordance with R. Gamliel. But fruits and fish that were brought on yom tov, "possibly" having been picked or caught (respectively) today or the day before, are forbidden And whatever it is forbidden to eat, it is forbidden to move. And if their appearance "speaks for them," e.g., if the fruits are so shriveled that they could not have been picked today, or if the fish were brought from such a distance that they could not have been caught today, they are permitted. And something ready for use, which was brought from outside the (permitted) bound for a Jew is forbidden to that Jew and to all the members of his household, but permitted to other Jews. And fruits or fish that were picked or caught on the first day of the festival are permitted in the evening, bichdei sheya'asu, for the second day (except for the two days of Rosh Hashanah, where they are forbidden until the end of the second day bichdei sheya'asu. "kedei sheya'asu" = "the amount of time it takes" from the time of the picking of the fruits until their being brought whence they were brought. With a city whose gates are locked at night, one must wait until morning bichdei sheya'asu.] [("but I do not want to take it from him":) because I hate him.]

בְּהֵמָה מְסֻכֶּנֶת לֹא יִשְׁחֹט, אֶלָּא אִם כֵּן יֵשׁ שָׁהוּת בַּיּוֹם לֶאֱכֹל מִמֶּנָּה כַּזַּיִת צָלִי. רַבִּי עֲקִיבָא אוֹמֵר, אֲפִלּוּ כַזַּיִת חַי מִבֵּית טְבִיחָתָהּ. שְׁחָטָהּ בַּשָּׂדֶה, לֹא יְבִיאֶנָּה בְמוֹט וּבְמוֹטָה. אֲבָל מֵבִיא בְיָדוֹ אֵבָרִים אֵבָרִים:

One may not slaughter (on yom tov) an animal in danger of dying, [which he does not need for yom tov, having already had his meal], unless there is time in the day to eat an olive-size of it roasted. R. Akiva says: (It is permitted) even (if there is enough time for him to eat) an olive-size, raw, from its slaughtering site, [where it is separated from its hide and ready (to be eaten.) the halachah is not in accordance with R. Akiva.] He may not bring it on a large or small pole [carried by two men, because this draws attention to itself and detracts from the dignity of the festival], but he brings it piecemeal in his hand.

בְּכוֹר שֶׁנָּפַל לְבוֹר, רַבִּי יְהוּדָה אוֹמֵר, יֵרֵד מֻמְחֶה וְיִרְאֶה, אִם יֶשׁ בּוֹ מוּם, יַעֲלֶה וְיִשְׁחֹט. וְאִם לָאו, לֹא יִשְׁחֹט. רַבִּי שִׁמְעוֹן אוֹמֵר, כֹּל שֶׁאֵין מוּמוֹ נִכָּר מִבְּעוֹד יוֹם, אֵין זֶה מִן הַמּוּכָן:

A bechor (a first-born beast) which fell into a hole [A bechor with a blemish which he did not show to a sage before the festival to have it permitted — If it fell into a hole on yom tov and he feared that it might die there], let an expert go down [who can distinguish between a permanent blemish and a passing one] and examine [the blemish that he noticed yesterday to determine whether it is a permanent one]. If it had a (permanent) blemish, he may bring it up and slaughter it. [i.e., If the pre-yom tov blemish were not permanent, but it sustained a permanent blemish today, even if he transgressed and brought it up, he may not slaughter it. We do not say: His mind was set on it yesterday and since it now has a permanent blemish, let him slaughter it. For since yesterday's blemish was not permanent, it is muktzeh by reason of prohibition (of slaughtering an unblemished bechor).] R. Shimon says: Any animal whose blemish was not recognized (as a permanent one) before yom tov is not considered ready (for use on yom tov). [He forbids it not because of muktzeh, for muktzeh does not obtain according to R. Shimon. (He forbids it, rather,) because permitting it on yom tov is like amending it, and seems like the pronouncing of a ruling on yom tov, which was decreed against by reason of shvuth ("resting"). The intent (of the Mishnah, then,) is: His (the sage's) sanction is no sanction, and it is not "ready" to be considered kosher.]

בְּהֵמָה שֶׁמֵּתָה, לֹא יְזִיזֶנָּה מִמְּקוֹמָהּ. וּמַעֲשֶׂה וְשָׁאֲלוּ אֶת רַבִּי טַרְפוֹן עָלֶיהָ וְעַל הַחַלָּה שֶׁנִּטְמְאָה, וְנִכְנַס לְבֵית הַמִּדְרָשׁ וְשָׁאַל, וְאָמְרוּ לוֹ, לֹא יְזִיזֵם מִמְּקוֹמָם:

A beast that died (on yom tov) may not be moved from its place. [A beast of kodshim (dedicated to the Temple) is referred to, as indicated by "and about challah that became unclean" (below). Benefit may not be derived from a beast of kodshim that died, and it must be buried, for which reason it may not be moved from its spot (on yom tov). But a beast of chullin (non-dedicated) may be cut up for the dogs. And this, when it was seen to be dying the day before, so that one's mind was on it. But if not, a beast of chullin, too, may not be moved from its spot.] And once they asked R. Tarfon about this and about challah that became unclean, and he went into the house of study and asked. And they said to him: They may not be moved from their place. [Challah that became unclean is not fit for a Cohein on yom tov, neither for kindling nor for feeding to his dog. For kodshim may not be destroyed on yom tov, even by feeing to a beast, it being a Scriptural decree that kodshim which became unclean may not be removed from the world on yom tov.]

אֵין נִמְנִין עַל הַבְּהֵמָה לְכַתְּחִלָּה בְּיוֹם טוֹב, אֲבָל נִמְנִין עָלֶיהָ מֵעֶרֶב יוֹם טוֹב וְשׁוֹחֲטִין וּמְחַלְּקִין בֵּינֵיהֶן. רַבִּי יְהוּדָה אוֹמֵר, שׁוֹקֵל אָדָם בָּשָׂר כְּנֶגֶד הַכְּלִי אוֹ כְנֶגֶד הַקּוֹפִיץ. וַחֲכָמִים אוֹמְרִים, אֵין מַשְׁגִּיחִין בְּכַף מֹאזְנַיִם כָּל עִקָּר:

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.]

אֵין מַשְׁחִיזִין אֶת הַסַּכִּין בְּיוֹם טוֹב, אֲבָל מַשִּׂיאָהּ עַל גַּבֵּי חֲבֶרְתָּהּ. לֹא יֹאמַר אָדָם לַטַּבָּח, שְׁקוֹל לִי בְדִינָר בָּשָׂר. אֲבָל שׁוֹחֵט וּמְחַלְּקִים בֵּינֵיהֶן:

It is forbidden to sharpen a knife on yom tov [with a mill or a sharpener], but it is permitted to pass it over another, [a variation from the usual practice]. One may not say to a butcher: "Weigh me a dinar's worth of meat," but he slaughters (the animal) and they divide (the standard cuts) among themselves.

אוֹמֵר אָדָם לַחֲבֵרוֹ, מַלֵּא לִי כְלִי זֶה, אֲבָל לֹא בַמִּדָּה. רַבִּי יְהוּדָה אוֹמֵר, אִם הָיָה כְלִי שֶׁל מִדָּה, לֹא יְמַלְאֶנּוּ. מַעֲשֶׂה בְאַבָּא שָׁאוּל בֶּן בָּטְנִית, שֶׁהָיָה מְמַלֵּא מִדּוֹתָיו מֵעֶרֶב יוֹם טוֹב וְנוֹתְנָן לַלָּקוֹחוֹת בְּיוֹם טוֹב. אַבָּא שָׁאוּל אוֹמֵר, אַף בַּמּוֹעֵד עוֹשֶׂה כֵן, מִפְּנֵי בֵרוּרֵי הַמִּדּוֹת. וַחֲכָמִים אוֹמְרִים, אַף בְּחֹל עוֹשֶׂה כֵן, מִפְּנֵי מִצּוּי הַמִּדּוֹת. הוֹלֵךְ אָדָם אֵצֶל חֶנְוָנִי הָרָגִיל אֶצְלוֹ, וְאוֹמֵר לוֹ, תֵּן לִי בֵּיצִים וֶאֱגוֹזִים בְּמִנְיָן, שֶׁכֵּן דֶּרֶךְ בַּעַל הַבַּיִת לִהְיוֹת מוֹנֶה בְּתוֹךְ בֵּיתוֹ:

A man may say to his neighbor: "Fill up this vessel for me," but not with the measure [i.e., with a vessel used for measuring and selling. But if it is not specifically used for that, even though it "stands" to replace the regular measuring vessel if it breaks, it is permitted to fill it (on yom tov)]. R. Yehudah says: If it were a measuring vessel, [even though he had not yet assigned it as such], he may not fill it. [The halachah is not in accordance with R. Yehudah.] Once, Abba Shaul b. Batnith filled his measures on yom tov eve, [it being forbidden to measure on yom tov], and gave them to his customers on yom tov. Abba Shaul says: He did so also on Chol Hamoed (because of the time it takes) to ascertain the exact measure, [in order to avoid neglect of Torah study. For many would come to make inquiries of him on Chol Hamoed, when they were not taken up with their work; and he would fill up his measures at night, when the house of study was not frequented, so as to be free in the daytime.] And the sages say: He did so also during the week because of the draining of the measures. [When he sold oil, he did so with many measures. The customers would bring their vessels and he would measure (oil) for each one separately. The oil would drain into their vessels the entire night so that no oil remained on the sides of his measures and the customers were not "cheated."] One may go to a shopkeeper that he regularly patronizes and ask him for a particular number of eggs or nuts; for it is customary for one to count in his house.