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Beitzah 31

BEITZAH 31 - this Daf has been dedicated by Yechiel Wachtel of Har Nof, Yerushalayim, l'Iluy Nishmas his father, Reb Shimon Eliezer ben Reb Yechiel Wachtel (who passed away on 15 Elul 5757).



(a) One may not break off wood from a tree on Yom-Tov to use as fire-wood - since this is a Toldah of Kotzer, which Chazal (and according to some, the Torah) does not permit on Yom-Tov.

(b) According to Rebbi Yehudah in our Mishnah, one may bring wood from the field - provided it *was* gathered before Yom-Tov, and from an enclosure (Karfaf) - even if it was *not*, provided they are near the city.

(c) Rav Yehudah Amar Shmuel rules more stringently than Rebbi Yehudah, who requires *one* plus factor (either that the wood is gathered before Yom-Tov, or that it kept in a guarded location, such as an enclosure); Rav Yehudah Amar Shmuel, requires *two*. Consequently, he permits bringing only wood that has been gathered in an enclosure.

(d) He disagrees with our Mishnah - because in his opinion, the author of our Mishnah is Rebbi Elazar b'Rebbi Shimon, an individual opinion, but not that of the Rabbanan.

2) According to Rebbi Shimon ben Elazar in the Beraisa (the author of our Mishnah), Beis Shamai and Beis Hillel ...
  1. ... agree - that bringing scattered wood into one's house from the field is forbidden.
  2. ... agree - that bringing gathered wood from an enclosure is permitted.
  3. ... argue over whether one may or may not bring wood into one's house - that was scattered in an enclosure or gathered in a field.
(a) Rava forbids bringing in light foliage on Yom-Tov, even if it was gathered before Yom-Tov - because the owner knows that it will eventually get blown away, so he does not rely on it. Consequently, it remains Muktzah.

(b) He permits it however, if the owner placed a weight on the foliage to protect it from the wind.

(a) We are not sure how to establish the Machlokes between Rebbi Yehudah in our Mishnah and Rebbi Yossi, who permits bringing wood from the enclosure from as far as Techum Shabbos, provided there is a lock. The one side of the She'eilah is that Rebbi Yehudah requires the enclosure to be both close to the city and to have a lock - to which Rebbi Yossi replies that, since it *has* a lock, it can even be as far away as T'chum Shabbos, and if it does *not*, it must be close.

(b) According to Rebbi Yehudah in the second side of the She'eilah, the criterion is that it is close, irrespective of whether it has a lock or not. Rebbi Yossi holds that, on the contrary, the criterion is whether it has a lock or not.

(c) We rule like Rebbi Yossi (in the first side of the She'eilah), who is lenient in two point: 1. He permits close even when there is no lock (like Rebbi Yehudah does); 2. He permits a lock even when it is not close. (Note: The Gemara has now retracted from its original contention, that in the first side of the She'eilah, Rebbi Yehudah requires both close and a lock).

(d) We know from the words of Rebbi Yossi ...

1. ... 'va'Afilu be'Toch Techum Shabbos', that, according to Rebbi Yossi, a lock is not the sole criterion - because if it was, then he would not have needed to add 'va'Afilu be'Toch Techum Shabbos' (since 'Kol she'Nichnasin Lah be'Posachas' would have already taught us that).
2. ... 'Kol she'Nichnasin Lah be'Posachas', that Rebbi Yehudah does not require a lock at all - because if he did, all Rebbi Yossi would have needed to say is 'Afilu be'Toch Techum Shabbos'.
5) One is not permitted to chop wood using a chopper, a saw or a scythe on Yom- Tov - only using a chopping-knife.




(a) The problem with the corollary between the Seifa (which we just discussed) and the Reisha, which forbids chopping wood from beams or from a beam which broke on Yom-Tov - is that first the Tana seems to forbid chopping wood altogether (because of excessive bother), and then it permits it using a chopping-knife?

(b) According to our current understanding of the Reisha - the Tana is telling us that one may not chop beams which broke before Yom-Tov, which are *not* Muktzah, and certainly not those which broke *on* Yom-Tov, which *are*.

(c) We amend the Reisha to conform with the Seifa - by adding words to the Mishnah, to establish the Reisha by beams which broke *on* Yom-Tov, and which are therefore Muktzah, and the Seifa by beams which broke *before* Yom-Tov, which may not be chopped with professional tools, only with a chopping-knife, which is not usually used for that purpose (and perhaps even only with the blunt side, as we shall now see).

(a) Rav Chinena bar Shalmaya Amar Rav restricts the prohibition of using an ax (in the Reisha of our Mishnah) to the *narrow* chopping end, but permits chopping wood with the *thick* end of an ax. This is not inherent in the Seifa of the Mishnah, which permits the use of a chopping-knife - because in the Reisha, we might have decreed the thick end of the ax because of the sharp end.

(b) According to others, Rav Chinena Amar Rav refers to the Seifa of the Mishnah. He comes to restrict the Mishnah's concession of using a carving- knife to chop wood, to the blunt side of the knife, but use of the sharp side is forbidden. This is not inherent in the Reisha of the Mishnah, which forbids the use of an ax - because we might have thought that in the Seifa, just as one is permitted to use the blunt side of the knife, one is also permitted to use the sharp side.

(a) The Tana Kama permits taking fruit from a locked room that caved in on Yom-Tov. We would otherwise have thought that it is forbidden - because they are 'Muktzah Machmas Isur' (since it is forbidden to smash the wall to get to the fruit).

(b) This Heter will apply only when the Isur of breaking into the room at the beginning of Yom-Tov was de'Rabbanan - but not by an Isur d'Oraysa.

(a) Rebbi Meir even permits breaking into the room on Yom-Tov. There is no Isur S'tirah - because we are speaking about loose bricks which were not cemented.

(b) Rav Nachman declares that bricks that remain from a building - are not Muktzah because they are fit to sit on. But once they have been piled up - they are forbidden, because it is clear that one intends to use them for building purposes.

(c) The bricks that form the walls of the room may be moved, according to Rebbi Meir - because Muktzah is permitted in face of Simchas Yom-Tov (see Tosfos DH 'Amar Rebbi Zeira').

(d) The Rabbanan nevertheless forbid the removal of the bricks - because they consider it S'tirah mi'de'Rabbanan (Rabbi Mordechai Kornfeld Shlita).

(a) Shmuel ...
1. ... permits untying the ropes that tie the door of pits and caves - because - they are made to untie and tie constantly, and therefore not considered permanent knots.
2. ... forbids unraveling or cutting them, both on Shabbos and on Yom-Tov - because this constitutes S'tirah, and S'tirah applies to a Binyan Karka.
(b) But ropes that tie doors of vessels - may be untied, unraveled and cut, both on Shabbos and on Yom-Tov, according to Shmuel.

(c) Shmuel establishes the Beraisa which permits the unraveling and cutting of ropes that tie the door of pits and caves on Yom-Tov, like Rebbi Meir (though it is not clear how the fact that Rebbi Meir permits Muktzah on Yom- Tov is a proof that he also permits S'tirah, even if it is only mi'de'Rabbanan).

(d) In spite of the Beraisa in which the Rabbanan agree with Rebbi Meir (that the unraveling and cutting of ropes of doors that tie doors of pits and caves is permitted), even on Yom-Tov - Shmuel forbids it, because he holds like another Beraisa, which explicitly forbids it.

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