Talmud do Nedarim 2:9

“But they agree that if he slaughtered that he may dig with a picket and cover, and that the ashes of the cooking stove are prepared⁷³The ashes produced from the firewood in the stove are qualified as dust to cover the blood of birds. Therefore they are useful for activities permitted on the holiday and cannot be muqṣeh. In this context, “prepared” means “available for the preparation of food on the holiday.”.” That which you are saying is about ashes which were burned before the holiday, but it does not apply to ashes which were burned on the holiday¹¹⁶Since the wood has been turned into ashes on the holiday, this is non-food material in a state different from what it was at the start of the holiday and therefore is muqṣeh., if he did not slaughter, but if he slaughtered it is better that he cover with ashes which were burned on the holiday rather than dig with a picket and cover¹¹⁷Since muqṣeh is a rabbinic prohibition but digging a biblical violation, it is better to disregard the rabbinic prohibition even though there is biblical permission to disregard the biblical prohibition. (For muqṣeh as rabbinic institution cf. Introduction to Tractates Šabbat and `Eruvin, p. 3, Note 4.). The colleagues are saying that a positive commandment pushes aside a prohibition<sup>118</sup>And therefore one may dig to obtain dust to cover the blood.. This is understandable following the opinion of Rebbi Jonah who said, a positive commandment pushes aside a prohibition even if they are not written side by side<sup>119</sup>The dispute between RR. Jonah and Yose is also in Ḥallah2:1, Note 10. It is not mentioned in the Babli (which nevertheless holds that the principle does not apply to holidays since the rules of holidays are both positive commandments and prohibitions.). Following the opinion of Rebbi Yose who said, a positive commandment pushes aside a prohibition only if they were written side-by-side, since he started the meritorious deed one tells him to clean it up<sup>120</sup>He must agree that if slaughter is biblically permitted on a holiday, with the consumption of meat a positive commandment, there can be no biblical prohibition to deal with all consequences of the slaughter.. Rebbi Ze`ira asked, if a monkey formed a bowl, what¹²¹The monkey formed a bowl out of clay on the holiday. If a human made the bowl it clearly would have been muqṣeh, and also forbidden as the result of biblically forbidden work. But the monkey is not a human.? Rebbi Yose ben Rebbi Abun said, Rebbi Ze`ira<sup>122</sup>In one of the Genizah sources this is a purely Babylonian dispute involving a Rav Ze`ura. and Rav Hamnuna disagreed. One said, it is forbidden, but the other said, it is permitted. For him who said that it is forbidden it is like cut-up fig cake which dried out without his knowledge⁵While muqṣeh is the technical term for anything which is not available to be moved on the holiday or Sabbath, the original meaning is “cut-up”, viz., a heap of cut-up figs lying on the flat roof to ferment and to be made into fig cakes. During the fermentation process the mass is inedible; therefore it has become the paradigm of anything not currently available for use. Here the original meaning is intended. If the owner had inspected his roof on the eve of the holiday he would have realized that the figs were ready food for the holiday and therefore falling under the category of “prepared food” permitted on Sabbath and holiday. But since at sundown of the holiday he had no knowledge of the situation, the figs were not available to him at the start of the holiday and therefore remain forbidden for the rest of the holiday. Similarly, since the owner of the chicken does not know that the egg (which is completely formed with its hard shell) will be laid on the holiday, since it was not available at the start it cannot become available later.. For him who said that it is permitted it is as if he put it in order erroneously¹²³“Putting in order” means separating heave and tithes, to make the harvest totally profane and generally usable. This is a mental act not dependent of material action, rabbinically prohibited on a holiday but valid.. For him who said that it is permitted, may one use its place¹²⁴The hole created by the monkey could be considered as not-existent before the holiday. But the prohibition of newly created things cannot apply to soil.? Would we say that soil may not be used?