Komentarz do Beca 5:8

משילין פירות דרך ארובה – whomever has fruit or produce spread out on his roof to dry out, and he saw rain coming slowly, they permitted him to go to the trouble and to cast them through an aperture in the roof, and they fall to the ground, for there is no excess trouble, and specifically an aperture, for every aperture is from above to below [in the ceiling of the roof] but a window, such as a roof that is surrounded by partitions and window I in the wall, and one must raise it up to the window to cast it, all of this the Rabbis did not permit and to be painstaking.

Introduction This mishnah continues to deal with laws concerning fruit set out to dry and things that one may and may not do with this fruit on Yom Tov.

ומכסין את הפירות – but we don’t say that it is toil that is not for the needs of the Festival day, but because of the loss of money, the Rabbis permitted it.

One may let down fruit through a trap-door on Yom Tov but not on Shabbat. This section deals with a person who has put his fruit up onto his roof to dry out on Yom Tov and then he sees that it is going to rain. The mishnah allows him to drop the fruit down through a trap-door in the roof because this is not considered to be a lot of work. He would not be allowed to take them down through a window or through the door because this is a greater amount of work. Furthermore, they only allowed this on Yom Tov on Shabbat it was prohibited.

דלף – rain that drips from the roof.

And one may cover up fruit with vessels on account of the rain, and likewise jars of wine and jars of oil. One also may cover up fruit, jars of wine and jars of oil if rain is leaking down on them. Covering up fruit or bringing it into the house so it doesn’t get wet are activities done not in order to eat the fruit on Yom Tov, but they are nevertheless permitted in order to prevent the financial loss.

וכן כדי יין וכדי שמן – that cover them because of the drippings [from the roof].

And one may place a vessel beneath the drops of rain [even] on Shabbat. On Shabbat one can even put a vessel underneath drops of rain coming down from a leaky roof.

תחת הדלף – to receive the water so that it should not soil the house. But if the utensil became filled, he pours it out and repeats it and is not prevented [from doing so].

כל שחייבין עליו – that the Sages forbade to do on Shabbat because of Rabbinic decrees to enhance the character of the Shabbat/Festivals as a day of rest.

Introduction This long mishnah deals with three categories of acts that are prohibited by the rabbis on Shabbat and on Yom Tov. They are all considered to be prohibited “derabbanan”, by the rabbis and not by the Torah. The three categories are: Shevut mandated rest on Shabbat. These are activities that are prohibited because they are generally not in the spirit of the day or because by doing one of them one might come to transgress a biblical prohibition. Reshut optional activities. These have some aspect of mitzvah in them but can be done on other days. Therefore one doesn’t do them on Yom Tov or Shabbat. Mitzvah these are commandments that can be performed on other days and therefore shouldn’t be done on Shabbat. The main point of the mishnah is that the only actions which are allowed on Yom Tov but prohibited on Shabbat those done while preparing food. All of the other Shabbat prohibitions still hold true.

או משום רשות – that there is in a bit of a Mitzvah, but not a large Mitzvah, but it is near to being an optional act, but there is within it a prohibition from the words of the Scribes.

Every [act] for which one is liable on Shabbat because of mandated rest [shevut], [or] because it is only optional [reshut], [or] even though it is a religious act [mitzvah], he is also liable on Yom Tov.
For the following acts he is liable because of shevut: One may not climb a tree, And one may not ride on an animal. And one may not swim in water. And one may not clap hands, nor slap [thighs], nor dance. Climbing a tree is forbidden lest one breaks a branch, which is forbidden to do on Shabbat. Riding an animal is considered prohibited lest one while riding break a branch to use as a switch in guiding an animal. It seems that a deeper reason for why the rabbis prohibited this was that they did not believe that riding an animal was in the spirit of Shabbat. Swimming was prohibited lest while swimming one makes a raft on which to float. Finally, certain types of clapping, slapping of thighs and dancing were prohibited on Shabbat lest one begin to make music and then come to make a musical instrument. We should note that some of these activities are no longer generally prohibited because the likelihood that by doing one of them one will come to transgress a more serious commandment is minimal. In my mind the most important thing to remember is that while one follows the minutiae of Shabbat, one should also be mindful of the spirit of Shabbat. Even things that are permitted should not always be done.

או משום מצוה – or there is within an actual Mitzvah/commandment, and the Sages prohibited doing it on the Sabbath.

For the following acts he is liable because they are only optional: One may not judge; And one may not betroth a wife, nor perform halizah, nor perform yibbum [consumate a levirate marriage]. This section contains activities that have some aspect of “commandment” to them but can be done on other days. Judging, betrothing and other legal aspects of arranging various types of marriages can be done any day of the week, therefore one should not do them on Shabbat. In my opinion, this is again because these activities are not in the “spirit of Shabbat.” They might detract from the special sanctity of Shabbat, a day set aside. A more technical reason why these things are prohibited is that by doing one of them one might come to write.

וחייבין עליו – not to do it on the Festival.

And for the following acts one is liable even though it is a religious act [mitzvah]: One may not dedicate [anything to the Temple], nor vow a personal valuation, nor make a vow of herem, nor set aside terumah or tithes. These acts are actually mitzvot, but still one may not perform them on Shabbat or Yom Tov because they can all be done with as much ease on other days. The Rambam explains that donating something to the Temple is similar to engaging in business and hence one does not do so on Shabbat. One does not separate tithes or terumah on Yom Tov or Shabbat because by doing so one “fixes” something to make it usable. Also, this could have just as easily been done the day before.

ואלו הן משום שבות – that the Sages placed upon him to abstain from doing but there isn’t in their performance any kind of Mitzvah.

All these things they [the rabbis said that they are forbidden] on Yom Tov, how much more so [are they forbidden] on Shabbat. There is no difference between Yom Tov and Shabbat except for the preparation of food alone. In conclusion the mishnah notes that when discussing the laws of Yom Tov the rabbis prohibited these activities, but they are nevertheless even more prohibited on Shabbat. The mishnah reminds us that the only type of activity which is permitted on Yom Tov but not on Shabbat is something done while preparing food.

לא עולין באילן – a decree lest he tear off [a branch].

ולא רוכבין על גבי בהמה – a decree lest he cut a vine-shoot to drive the animal.

ולא שטין על פני המים – a decree lest he make a swimmer’s bottle (see Tractate Kelim, Chapter 2, Mishnah 3 – used for practicing).

ולא מטפחין – hand upon hand.

ולא מספקין – hand upon the leg.

ולא מרקדין – on the Festival, and all of them are a decree lest he repair a musical instrument.

ואלו הן משום רשות – because oof those of the ending section of the Mishnah which are a complete Mitzvah, regarding them we call these “optional.”

לא דנין – a judgement, and sometimes it is optional, such as when there is a larger city than this one, and it is not upon him to judge.

ולא מקדשין – the betrothal of a woman. For sometimes, it is not a complete commandment but rather optional, such as when he has a wife and children.

ולא חולצין ולא מיבמין – also at the time when he has an older brother than him, it is option, but it is a great Mitzvah to perform a levirate marriage and the reason for all of them is lest he write [documents].

ולא מעריכין – the value of this thing is upon me, and he gives according to the years, as it is written in the portion of valuations (Leviticus 27:1-8).

ולא מחרימין – behold this animal is devoted to God. And a mere devotion of an animal is for the treasury of the Temple. And all of them, the Rabbis forbad because they are similar to business transactions where one removes it from his domain to the domain of the Sanctified.

ולא מגביהין תרומות ומעשרות – and even in order to give them to the Kohen on the same day that is appropriate, for because of the Rejoicing on the Festival that the Kohen who needs them, he separates them (i.e., the tithes), and nevertheless, it is prohibited, for it is considered like repairing. And these words concerning produce that yesterday were eatables forbidden prior to the separation of sacred gifts, that currently such as dough one has to separate Hallah from, we separate it on the Festival and give them to the Kohen.

אין בין יו"ט לשבת אלא אוכל נפש בלבד (this part of the Mishnah is also found in Tractate Megillah, Chapter 1, Mishnah 5) – this anonymous teaching is according to the School of Shammai which states that we do not take out the minor nor the Lulav nor a Torah scroll into the public domain, for taking out was only permitted for the purpose of the preparation of food. But we hold like the School of Hillel which states that since removal was permitted for the purposes of the preparation of food, it is also permitted for that which is not needed [for food preparation]. And there are those who state that we let down pieces of fruit through an aperture in the roof looking to the ground floor at the beginning of our Chapter (Mishnah 1), that it is prohibited on the Sabbath, but that is permitted on the Festival.

כרגלי הבעלים – a person cannot bring it on the Festival other than where its owners are able to go.

Introduction The final three mishnayot of the chapter discuss Shabbat border limits, a topic which was discussed in far greater length in tractate Eruvin. The Shabbat border limit is 2000 cubits to each side of the city. One can set up an eruv, a meal, at the end of the limit and thereby extend it another 2000 cubits in that direction. This extension only works in extending is Shabbat border limit in one direction and causes him to lose a matching amount of distance on the opposite side of the city. Hence, one who sets up an eruv at the end of 2000 cubits on the western side of the city can now go 4000 cubits in that direction but cannot go outside the city at all on the eastern side. Our mishnah teaches that these limits apply not only to the person himself but to his animals and his utensils as well.

או לרועה הרי אלו כרגלי הבעלים – Our Mishnah when there is in the city two shepherds, and we do not know which of them it would be [according to] the will of the owners, they are like status of the owner, if it was not with the shepherd while it was still day [prior to the start of the Festival]. But when the city lacks all but one shepherd, all the people of the city place their cattle in his domain and in having a Sabbath center, it would be like the status of the shepherd.

A beast and utensils are [restricted to the same limits] as the feet of the owners. As stated in the introduction, just as a person cannot go past his own personal Shabbat border limit, so too the things that belong to him cannot beyond that point.

ושאינן מיוחדים – [not designated] to one of them, but rather to all of them.

One who gives his cow over to his son or to a cowherd [to tend], they are [restricted to the same limits] as the feet of the owner. The mishnah adds that if a person gives his cow over to someone just to watch it, then the cow stays under the possession of the owner and may only go as far as the owner may go on Shabbat. Therefore, if the owner set his eruv to the west side of the city, his son or his cowherd may not take the cow outside the city on the eastern side.

הרי אלו כמקום שהולכין – to the place where all of them are able to go, it is permissible to bring the utensils, but if one of them made an Eruv at the end of two-thousand [cubits] to the north and the others did not make an Eruv, he delays them from being able to walk to the south even one step because of his portion, and they prevent him from going to the north, other than to the two-thousand cubits that are permitted to them.

Vessels which have been set apart for [the use or] one of the brothers in a house, are [restricted to the same limits] as his feet, but [those utensils] which have not been so set apart, can be taken [only] to a place where [all the brothers] may go. If a vessel (in Hebrew the word for “vessel” includes clothing, bedding and many more objects than the word connotes in English) belonged jointly to some brothers but one brother generally used it, then it can go on Shabbat to any place where that brother may go. So if that brother set his eruv to the west, that vessel can go to the west. However, if all brothers make use of the vessel than it can only go to a place where all of the brothers can go. So if one brother set his eruv to the north and one to the south then the vessel can’t leave the city at all because each brother prevents the other one from bringing the vessel to “his” side.

כרגלי השואל – for he acquired his Sabbath center with him at twilight, for twilight is the entrance of the day where one acquires his Sabbath center, and even though it did not come into the hand of the borrower other than on Yom Tov/the Festival day, for it was not established in his possession at twilight, it is in the status of the person who borrows it (i.e., the utensil). And if he borrowed it on Yom Tov once it became dark, it is in the possession of the one who is lending it out, because he has acquired the Sabbath center with its owners. And even if he was accustomed to lend it out on every Holy Day.

Introduction This mishnah continues to deal with the Shabbat/Yom Tov border limits placed on things. Since the mishnah deals with carrying, the rules are only applicable to Yom Tov on Shabbat all carrying is prohibited.

האשה ששאלה מחברתה תבלין – for her pot.

One who borrows a vessel from his neighbor on the eve of Yom Tov, [it is restricted to the same limits] as the feet of the borrower. [But if he borrowed it] on Yom Tov, it is as the feet of the lender. If one borrows an object it is considered as if the object belongs to the borrower and therefore it can go on Yom Tov to any place where he/she may go. However, this is only true if he borrowed it the day before Yom Tov, such that when Yom Tov began the object was in his possession. In other words, the border limits of the object are determined by the one who possessed the object when Yom Tov began. If he borrowed it on Yom Tov then it can go only where the feet of the lender can go.

ומים ומלח – for her dough.

A woman who borrowed from her neighbor spices, water or salt for her dough, these are [restricted to the same limits] as the feet of both them. Rabbi Judah exempts in the case of water, because it is not substantial. In this case a woman borrows some ingredients from another woman to use them in making dough on Yom Tov. Some of the ingredients therefore belong to the lender and some belong to the borrower. Since the ownership is mixed (like the dough) the dough can only go to a place where they both can go. This again means that if one set an eruv to the south and one to the north, the dough cannot leave the city at all. Rabbi Judah says that if all she borrowed was water then the dough is not restricted by the lender since the water is not substantial enough. Water is not recognized in the final product or its taste and therefore it doesn’t count towards where the dough can go.

הרי אלו – her pot and her dough.

כרגלי שתיהן – they do not bring them other than in a place where both of them are able to go, for since she borrowed it on the Festival day, they acquired the Sabbath center for the spices or the water and the salt with their respective owners.

שאין בהם ממש – they are not recognized, neither the pot, nor the dough, such as the case where the cooked dish is thick and the water is not recognized in it. Therefore, it does not delay their going. And regarding the salt, Rabbi Yehuda does not dispute when speaking of dough that was kneaded in salt which is large and thick, which is recognizable and has substance. But the Halakah is not according to Rabbi Yehuda.

ושלהבת – such as the case where he kindled his candle with his friend’s flame, it does not indispensable in the prohibition of [Sabbath/Yom Tov] boundaries.

Introduction The first section of the mishnah teaches that while a live coal is considered as having substance, a flame does not have any substance. The second half of the mishnah deals with the restrictions on the carrying of water drawn from a well.

מועלין בה – a person who benefits from it (i.e., the burning coal), brings a guilt-offering of sacrilege.

A live coal is [restricted to the same limits] as its owner, but a flame can be taken anywhere. A live coal, one that is burning, is considered to be an object of substance and therefore it is limited to going where its owner can go. In contrast, a flame has no substance and therefore is not limited in where it can go. What this means is that a person could take a lamp and light it from somewhat else’s lamp and then not be limited by the other person’s eruv. The flame that he “takes” from another person has no substance so it is not like borrowing something from another person.

ושלהבת לא נהנין – ab initio according to the Rabbis.. But if they derived benefit, they do not commit an act of sacrilege, and they are not liable for a sacrifice of sacrilege for there isn’t anything of substance. And similarly, a person who takes out a burning coal to the public domain on the Sabbath is liable, but the flame that pushed his hand from the private domain to the public domain is exempt.

In respect of a live coal of sanctified property [one who makes use of it] is considered as having trespassed, but as for a flame [of sanctified property], one may not derive benefit from it, but [one who does] has not trespassed. One who makes non-holy use out of something dedicated to the Temple has “trespassed (me’ilah).” He must make financial restitution and bring an asham, a guilt offering. One who makes non-holy use out of a live coal has trespassed because a live coal has substance. In contrast, one who makes non-holy use out of a flame has not trespassed. Nevertheless, it is still forbidden to do so. The prohibition is “derabbanan” it is forbidden lest he trespass something with substance.

כרגלי היחיד – we don’t bring water other than according to the status of the owner of the well.

If one carries out a live coal into the public domain [on Shabbat] he is liable, but [if he carries out] a flame he is exempt. Carrying a live coal into the public domain on Shabbat counts as carrying, and hence he has transgressed. However, carrying a flame does not count as carrying and hence he has not transgressed. If you ask, how can you carry a flame? (Ouch!) The answer is that one could blow a flame from the private domain out into the public domain and that would count as carrying because it moved as a result of his force.

כרגלי אותה העיר – two-thousand cubits in all directions outside of its extension of the city limits/outskirts of the city.

[The water from]: A private well is [restricted to the same limits] as its owner, And [the water from a well] belonging to the inhabitants of that town is [restricted to the same limits] as the people of that town; And [the water from a well] belonging to those who came up from Babylonia is [restricted to the same limits] as he who draws [the water]. There are three types of wells referred to here. The first is that of a private person. The water in that well can go on Yom Tov wherever he can go. The second is that of a public well. This water belongs to everyone in the city and therefore it can only go where everyone can go. This means that unless everyone who set up an eruv put it on the same side of the city, the water wouldn’t be able to leave the city. The third type of well is one of the public wells dug for the benefit of the people coming back from Babylonia after the exile. These wells can be used by any traveler. They can go anywhere that the person who fills them up can go. The difference between these wells and those shared by the people of a city is that the latter type is jointly owned by the people of the town whereas the former are not owned by anyone.

ושל עולי בבל – that is made for those who passers-by in the middle of the path, and they made them members of the Diaspora to cause them to drink while they are coming up [from Babylonia].

כרגלי הממלא – because it is ownerless and something ownerless is acquired through lifting. But if a person comes and asks him for water, he does not lead them other than according to his status, for this Tanna/teacher holds that there is a choice to be stringent, for from yesterday, the matter was clear that it belonged to this person and it stood in his domain. But not according to Rabbi Yohanan ben Nuri who stated that ownerless objects acquire their Sabbath center for themselves in their place (see Tractate Eruvin, Chapter 4, Mishnah 5).

לא יביאו לו – from his produce, for since he had not made an Eruv there, that his produce is like him.

Introduction This mishnah deals with a person whose produce is in another town and he wishes to retrieve it on Yom Tov.

If one has his produce in another town, and the inhabitants of that city made an eruv in order to bring to him some of his produce, they may not bring it to him. In the case under discussion here the inhabitants of the other city made an eruv that would allow them to get to the city of the owner of the produce. Nevertheless, they may not bring him his produce because his produce is limited by where he can go and since he didn’t set up an eruv to get to the other city, it can’t come to him. Again, a person’s things are limited to going where he may go.

But if he himself made an eruv, his produce is like himself. If the owner of the produce set up an eruv then he can go to the other city and bring his produce back with him. It is irrelevant whether the people of the other city set up an eruv since they are not the owners of the produce.

מי שזימן אצלו אורחים – from another town and they would come to him via the Eruv.

Introduction The first section of the last mishnah of Betzah deals with guests taking food home with them. The last part of the mishnah deals with giving water to animals.

לא יוליכו – after the meal [they should not bring] portions in their hands to their homes.

If one invited guests to his home, they may not take away with them [any] portions unless he [the host] had assigned for them their portions on the eve of Yom Tov. In mishnaic times the portion of meat that one received at a dinner party was considered very important. Important guests might receive bigger portions. Sometimes people wouldn’t eat their entire portion and they would be allowed to bring home the leftovers. After all, with no refrigeration the host wouldn’t be able to do anything with the leftovers in any case. Our mishnah teaches that on Yom Tov guests can’t take their leftovers home with them unless the host gave them ownership over the portions before Yom Tov began. In this way, the portions belong to the guests when Yom Tov begins and they can then go as far as they can go.

אא"כ זיכה להם – at the hand of another [he gave them possession of those foodstuffs].

One may not give drink and then slaughter wilderness animals, but one may give drink and slaughter household animals. The following are household animals: they that spend the night in town. Pasture animals are they that spend the night in pasture ground. Animals that pasture out in the wild are muktzeh they have not been set aside before Yom Tov for use on Yom Tov. Hence one cannot give them water or slaughter them on Yom Tov. However, one can give water to and slaughter household animals because they are automatically “set aside” to be slaughtered. The mishnah goes on to define what household animals are and what pasture animals are. Congratulations! We have finished Betzah. It is a tradition at this point to thank God for helping us finish learning the tractate and to commit ourselves to going back and relearning it, so that we may not forget it and so that its lessons will stay with us for all of our lives. Mishnah Betzah was all about the laws of Yom Tov. I think at this point it would be worth it to think about how important the Jewish holidays are to the Jewish people. The matzot and seders of Pesah, sitting in the sukkah on Sukkot, waving the lulav and receiving the Torah on Shavuot these are some of the most important parts of the Jewish year. They remind us of our shared history and hopefully our shared destiny. Unfortunately I think that the sanctity of Yom Tov has eroded substantially in many of our communities. I hope that learning this tractate will help inspire you to increase your own personal commitment and to help lead others to increase their commitment as well. And again, as always, congratulations on learning another tractate of Mishnah. We are getting close to having finished half of the Mishnah. May you have the strength and time to keep on learning more! Tomorrow we begin Rosh Hashanah.

[מנותיהם מערב יום וטוב ש] – that the owner of the house distributed them to another person through “pulling’ on the eve of the Festival day, and said to him: have so-and-so and so-and-so acquire these portions, for one acts in a person’s interest in his absence (see Tractate Eruvin, Chapter 7, Mishnah 11).