Siman - Beitzah Daf 24
- זה הכלל כל המחוסר צידה חייב
The opening Mishnah of the third perek states we may not catch fish from a pond on Yom Tov nor may we place food before them. Rashi explains that even the Tanna who permits preparing food for animals on Yom Tov allows this only for animals that rely on their owners for sustenance. But fish can subsist on food they find in the water. אבל צדין חיה ועוף מן הביברין ונותנין לפניהם מזונות – but we may catch wild animals or fowl from enclosures in which they were trapped before Yom Tov, and we may put food before them. Rabban Shimon ben Gamliel says: לא כל הביברין שוין – Not all enclosures are the same. זה הכלל המחוסר צידה חייב ושאינה מחוסר צידה פטור – This is the general rule: Whatever animal still lacks trapping is prohibited and whatever does not lack trapping is permitted. The Gemara seeks the specifications for a small enclosure in which the animal is considered already trapped versus a large one. Rav Ashi says a ביבר קטן is wherever one can chase the animal and reach it with a single lunge, or wherever the shadows of the walls reach each other. Anything else is a ביבר גדול. Alternatively, anything that has many corners that the animal can escape into is a ביבר גדול, while anything else is a ביבר קטן.
- ספק מוכן אסור
The next Mishnah states that if traps for wild animals, fowl or fish were set prior to Yom Tov, one may not take animals from them on Yom אלא אם כן יודע שנצודו מערב יום טוב – unless he knows that they were trapped before Yom Tov. And there was a ma’aseh with a certain nochri who brought fish to Rabban Gamliel on Yom Tov and Rabban Gamliel said: מותרין הן אלא שאין רצוני לקבל הימנו – They are permitted for use, but I do not wish to accept a present from him. Rashi explains that Rabban Gamliel was not on good terms with him. After noting that the incident with Rabban Gamliel contradicts the ruling of the Mishnah the Gemara clarifies that it is a חסורי מחסרא – as if the Mishnah is missing words and should read: ספק מוכן אסור – Objects which are safek muchan (prepared) are prohibited, but Rabban Gamliel permits them, as related in the incident. The Gemara brings three different versions of Shmuel who ruled אין הלכה כרבן גמליאל – that the halachah does not follow the opinion of Rabban Gamliel. Rather, ספק מוכן אסור – an object where there is a safek if it was prepared, is prohibited.
- The halachah when a nochri brings a gift to a Jew on Yom Tov
Rav Pappa said: The halachah is that נכרי שהביא דורון לישראל ביום טוב – If a nochri brought a gift to a Jew on Yom Tov, if there is some of this type of produce presently attached to the ground, the gift is prohibited, because it might have been picked on Yom Tov, ולערב נמי אסורין בכדי שיעשו – And it is prohibited in the evening after Yom Tov for the amount of time it would take for this act to be done. But if this type of produce is not presently attached to the ground, and was picked definitely before Yom Tov, תוך התחום מותר – then if the produce was brought within the techum, it is permitted since no forbidden melachah was involved in attaining it or transporting it. But if it was brought from the beyond the techum, it is assur. However, if it was brought from beyond the techum for one Jew, it is mutar for another Jew. Rashi explains that while it is generally prohibited for all Jews to benefit from melachah done for a single Jew, in this case the prohibition of techum is a d’Rabbanon, and it is sufficient to prohibit only the intended Jew it was brought for.
