Beitzah 5
מַשִּׁילִין פֵּרוֹת דֶּרֶךְ אֲרֻבָּה בְּיוֹם טוֹב, אֲבָל לֹא בְשַׁבָּת, וּמְכַסִּים פֵּרוֹת בְּכֵלִים מִפְּנֵי הַדֶּלֶף, וְכֵן כַּדֵּי יַיִן וְכַדֵּי שֶׁמֶן. וְנוֹתְנִין כְּלִי תַּחַת הַדֶּלֶף בְּשַׁבָּת:
One may drop fruit through the arubah (an aperture) on yom tov, but not on Shabbath. [They permitted one who had fruits or produce spread on his roof for drying, who saw rain coming, to exert himself and throw them to the ground (in his house) through the aperture in his roof, this not entailing great effort. And this, only with an aperture, where the fruit need merely be dropped, but with a window (as with a roof surrounded by a wall with a window in it), where he must lift the fruit to the window and then drop it — so much exertion was not permitted by the rabbis.] And fruits may be covered with vessels (to protect them) from a drip [in the roof. And we do not consider this an exertion not required for yom tov, the rabbis having permitted it because of the monetary loss involved.] The same applies to pitchers of wine and pitchers of oil [i.e., they may be covered (to protect them) from the drip.] And a vessel may be placed under a drip on Shabbath [to collect the water so that the house not be muddied. And if the vessel fills up, he need not hesitate to spill it out and repeat the process.]
כֹּל שֶׁחַיָּבִין עָלָיו מִשּׁוּם שְׁבוּת, מִשּׁוּם רְשׁוּת, מִשּׁוּם מִצְוָה, בְּשַׁבָּת, חַיָּבִין עָלָיו בְּיוֹם טוֹב. וְאֵלּוּ הֵן מִשּׁוּם שְׁבוּת, לֹא עוֹלִין בָּאִילָן, וְלֹא רוֹכְבִין עַל גַּבֵּי בְהֵמָה, וְלֹא שָׁטִין עַל פְּנֵי הַמַּיִם, וְלֹא מְטַפְּחִין, וְלֹא מְסַפְּקִין, וְלֹא מְרַקְּדִין. וְאֵלּוּ הֵן מִשּׁוּם רְשׁוּת, לֹא דָנִין, וְלֹא מְקַדְּשִׁין, וְלֹא חוֹלְצִין, וְלֹא מְיַבְּמִין. וְאֵלּוּ הֵן מִשּׁוּם מִצְוָה, לֹא מַקְדִּישִׁין, וְלֹא מַעֲרִיכִין, וְלֹא מַחֲרִימִין, וְלֹא מַגְבִּיהִין תְּרוּמָה וּמַעֲשֵׂר. כָּל אֵלּוּ בְּיוֹם טוֹב אָמְרוּ, קַל וָחֹמֶר בְּשַׁבָּת. אֵין בֵּין יוֹם טוֹב לְשַׁבָּת אֶלָּא אֹכֶל נֶפֶשׁ בִּלְבָד:
Whatever one is liable for by reason of shvuth ("resting") [i.e., whatever the sages forbade one from doing on Shabbath by reason of shvuth], or reshuth (a permitted activity), [where there is "somewhat" of a mitzvah, but not a distinct mitzvah, so that it has a semblance of "reshuth" (and which is forbidden by the scribes)], or mitzvah [i.e., where there is a distinct mitzvah, but which the rabbis forbade on Shabbath], (Whatever one is liable for by reason of shvuth), one is liable for [i.e., he may not do it] on yom tov. Shvuth: [those things which the sages charged one to "rest" from, and in the doing of which there is no mitzvah]: One may not climb a tree [a decree, lest he tear (something from it) ], and one may not ride on an animal [a decree, lest he cut a vine-rod in order to lead it], and one may not swim [a decree, lest he make "a swimmer's bottle"], and one may not clap [hand to hand], and one may not slap [hand to thigh], and one may not dance, [all decrees lest one make musical instruments]. Reshuth: One may not render a (halachic) ruling. [Sometimes, this is (entirely) reshuth, as when there is a higher authority in the city in which instance it is not incumbent upon him (a lesser sage) to rule.], and one may not betroth. [Sometimes it is not a distinct mitzvah, but reshuth, as when one has a wife and children.], and one may not perform chalitzah nor yibum. [When one has an older brother, this is also reshuth, it being a mitzvah for the eldest brother to perform yibum. The reason for all of these — a decree, lest he write.] Mitzvah: One may not dedicate (to the Temple), and one may not assess, [e.g., "The value of that man is upon me" (to give to the Temple), and he gives according to age as explained in the section on assessments (Leviticus 27:1-8)], and one may not make devotions (charamin) [e.g., "This beast is devoted." Devotions, unqualified, are for Temple maintenance. The rabbis forbade all of these (on yom tov) for they are similar to buying and selling, something passing from his domain to that of hekdesh (the Temple)], and one may not separate terumah and ma'aser (on yom tov) [even to give it to the Cohein on that day, where it is evident that he is separating them for the Cohein's festival joy — still, it is forbidden, for he thereby "amends" (the produce). This, with what was tevel (subject to tithing) the day before, but with what had become tevel today, such as dough, from which challah must be taken, he separates it on yom tov and gives it to the Cohein.] All of these were stated in respect to yom tov — a fortiori, in respect to Shabbath. There is no difference between yom tov and Shabbath but food (preparation) alone, (being forbidden on Shabbath but permitted on yom tov.) [This anonymous Mishnah is in accordance with Beth Shammai, who say (1:5): "Neither a minor, nor a lulav, nor a Torah scroll may be carried out to the public domain (on yom tov)," only what is necessary for eating having been permitted. But we rule in accordance with Beth Hillel, who say that since carrying was permitted for eating purposes, it was permitted for other purposes, too. (Another difference is the dropping of fruits through the aperture (5:1), which is forbidden on Shabbath and permitted on yom tov.)]
הַבְּהֵמָה וְהַכֵּלִים כְּרַגְלֵי הַבְּעָלִים. הַמּוֹסֵר בְּהֶמְתּוֹ לִבְנוֹ אוֹ לְרוֹעֶה, הֲרֵי אֵלּוּ כְרַגְלֵי הַבְּעָלִים. כֵּלִים הַמְיֻחָדִין לְאַחַד מִן הָאַחִין שֶׁבַּבַּיִת, הֲרֵי אֵלּוּ כְרַגְלָיו. וְשֶׁאֵין מְיֻחָדִין, הֲרֵי אֵלּוּ כִמְקוֹם שֶׁהוֹלְכִין:
A beast and vessels are "as the feet of the owner." [One may take them on yom tov only to a place where the owner is permitted to go.] If one gives his beast to his son or to a shepherd, they are "as the feet of the owner." [Our Mishnah speaks of an instance in which there are two shepherds in the city, and where it is not known to which one he intends to give it. For this reason, they are "as the feet of the owner" if the beast is not with the shepherd before yom tov. But if there is only one shepherd in the city, all the people of the city place their animals in his keeping and in the "resting" (i.e., the permitted yom tov distance) that he has acquired, and the beast, then, is "as the feet of the shepherd."] Vessels specific for one of the brothers in the house are "as his feet." And those which are not specific [for one, but shared in common] are "as the place where they go." [i.e., Wherever they are permitted to go, they may take the vessels. But if one of them made an eruv two thousand cubits to the north, and the others did not, he prevents them from taking them even one cubit to the south because of his share; and they prevent him from taking it farther than two thousand cubits to the north, which is their permitted distance.]
הַשּׁוֹאֵל כְּלִי מֵחֲבֵרוֹ מֵעֶרֶב יוֹם טוֹב, כְּרַגְלֵי הַשּׁוֹאֵל. בְּיוֹם טוֹב, כְּרַגְלֵי הַמַּשְׁאִיל. הָאִשָּׁה שֶׁשָּׁאֲלָה מֵחֲבֶרְתָּהּ תְּבָלִין וּמַיִם וּמֶלַח לְעִסָּתָהּ, הֲרֵי אֵלּוּ כְרַגְלֵי שְׁתֵּיהֶן. רַבִּי יְהוּדָה פוֹטֵר בְּמַיִם, מִפְּנֵי שֶׁאֵין בָּהֶן מַמָּשׁ:
If one borrows a vessel from his neighbor before yom tov, it is "as the feet of the borrower," having acquired its "resting" with him ben hashmashoth (at twilight); for ben hashmashoth, which marks the entry of the (new) day, acquires "resting." And even if it did not come to the hand of the borrower until yom tov, not being in his domain ben hashmashoth, it is still "as the feet of the borrower." And if he borrowed it on yom tov, after dark, it is "as the feet of the lender," having acquired "resting" with the owner (even if he were accustomed to borrowing it every yom tov.)] If a woman borrows from her neighbor spices [for her dish] and water and salt for her dough, they [the pot and the dough] are as the feet of both. [They may be taken to a place only where both can go, [for since she borrowed it on yom tov, the spices or the water and the salt acquired "resting" with the owner.] R. Yehudah exempts (the borrower) with (respect to) the water, for it is not substantial [i.e., it is not recognizable in the dish or in the dough (as when the dish is thick, so that the water is not recognizable in it), for which reason their being taken somewhere is not impeded (by the presence of the water). And R. Yehudah does not differ in respect to salt, the instance being one of dough which was kneaded with thick, coarse salt, which is recognizable and substantial. The halachah is not in accordance with R. Yehudah.]
הַגַּחֶלֶת כְּרַגְלֵי הַבְּעָלִים, וְשַׁלְהֶבֶת בְּכָל מָקוֹם. גַּחֶלֶת שֶׁל הֶקְדֵּשׁ מוֹעֲלִין בָּהּ, וְשַׁלְהֶבֶת לֹא נֶהֱנִין וְלֹא מוֹעֲלִין. הַמּוֹצִיא גַחֶלֶת לִרְשׁוּת הָרַבִּים, חַיָּב. וְשַׁלְהֶבֶת, פָּטוּר. בּוֹר שֶׁל יָחִיד, כְּרַגְלֵי הַיָּחִיד. וְשֶׁל אַנְשֵׁי אוֹתָהּ הָעִיר, כְּרַגְלֵי אַנְשֵׁי אוֹתָהּ הָעִיר. וְשֶׁל עוֹלֵי בָבֶל, כְּרַגְלֵי הַמְמַלֵּא:
A coal is "as the feet of the owner," and a flame (may be taken by the borrower) in any place (where the borrower may go). [If one lit his lamp by his neighbor's flame, he is not impeded in respect to interdicted bounds.] Me'ilah [abuse of consecrated objects] obtains with a coal of hekdesh (the Temple). [If one benefits from it, he brings a me'ilah gilt-offering.]; and with a flame (of hekdesh), one may not benefit from it [ab initio, by rabbinical ordinance] and [if he did benefit from it], me'ilah does not obtain. [He need not bring a me'ilah offering, for a flame is not substantial. Likewise,] if one carries a coal to the public domain (on Shabbath), he is liable; and with a flame, [if he pushed it with his hand from a private domain to the public domain], he is not liable. A well owned by an individual is "as the feet of the individual." [The water is taken only (as far) "as the feet of the owner of the well."]; and (a well owned in common) by the people of a city, "as the feet of the people of that city." [The water may be taken two thousand cubits in every direction outside its outskirts.]; and (the water of a well) of those who come up from Bavel, [a well made for travelers in the middle of the road by the Jews of the exile to drink from when they would come up (to Eretz Yisrael)] is "as the feet of the filler." [For it (the water) is hefker (unowned), and hefker is acquired by lifting. So that if another came and asked to borrow his water, he may take it only as far "as his (the lender's) feet." For this tanna holds that breirah (retroactive designation) obtains towards stringency (of ruling), so that as of yesterday it is "huvrar" (from "breirah") that the water belonged to this man (the lender) and that it was in his domain. This, as opposed to the view of R. Yochanan b. Nuri that articles of hefker acquire "resting" for themselves in their place.]
מִי שֶׁהָיוּ פֵרוֹתָיו בְּעִיר אַחֶרֶת, וְעֵרְבוּ בְנֵי אוֹתָהּ הָעִיר לְהָבִיא אֶצְלוֹ מִפֵּרוֹתָיו, לֹא יָבִיאוּ לוֹ. וְאִם עֵרַב הוּא, פֵּרוֹתָיו כָּמוֹהוּ:
If one had his fruits in a different city, and the men of that city made an eruv to bring some of his fruit to him, they may not bring it, [since he had not made an eruv to that city; for his fruits are like him (in this regard)]. And if he had made an eruv (to that city), his fruits are like him.
מִי שֶׁזִּמֵּן אֶצְלוֹ אוֹרְחִים, לֹא יוֹלִיכוּ בְיָדָם מָנוֹת, אֶלָּא אִם כֵּן זִכָּה לָהֶם מָנוֹתֵיהֶם מֵעֶרֶב יוֹם טוֹב. אֵין מַשְׁקִין וְשׁוֹחֲטִין אֶת הַמִּדְבָּרִיּוֹת, אֲבָל מַשְׁקִין וְשׁוֹחֲטִין אֶת הַבַּיָתוֹת. אֵלּוּ הֵן בַּיָתוֹת, הַלָּנוֹת בָּעִיר. מִדְבָּרִיּוֹת, הַלָּנוֹת בָּאֲפָר:
If one invited guests [from a different city to come to him via an eruv] they may not take portions [after the meal to their house], unless he bequeathed them their portions [through another] on yom tov eve. [The host gives the portions to another through meshichah ("drawing forth") on yom tov eve and says to him: "Acquire these portions on behalf of such and such." For benefit may be bestowed upon a man in his absence.] Wilderness beasts may not be watered and slaughtered (on yom tov); but home beasts may be watered and slaughtered. Which are "home beasts"? Those which spend the night in the city. Which are "wilderness beasts." Those which spend the night in the meadow.