Siman - Beitzah Daf 39

• Halachic distinctions between a burning coal and a flame

The next Mishnah draws halachic distinctions between a גחלת ושלהבת – a burning coal and flame, given that a שלהבת is not a tangible object. הגחלת כרגלי הבעלים ושלהבת בכל מקום – A burning coal is accorded a techum like the feet of the owner, but a flame can be transported anywhere. One can commit me’ilah for using a burning coal belonging to hekdesh for private purposes, but as for a flame belonging to hekdesh, although one may not derive benefit from it, one does not commit me’ilah if he does derive benefit from it. One who does הוצאה with a burning coal is chayav, whereas if one does הוצאה with a flame he is patur. It was taught in a Baraisa: גחלת של עבודה זרה אסורה ושלהבת מותרת – A burning coal of avodah zarah, is prohibited from benefit, but a flame is permitted. The Gemara asks why one is permitted to get benefit from a flame of avodah zarah but not of hekdesh, and answers: עבודה זרה דמאיסה ובדילי אינשי מינה לא גזרו בה רבנן – For an idol, which is repugnant to Jews, and from which people tend to distance themselves from in any case, the Rabbanon did not see a need to decree against using its flame.

• If one drew water from a בור של עולי בבל to give to his friend

The next Mishnah states: בור...של עולי בבל כרגלי הממלא – Water drawn from the water holes of those going up from Bavel to Eretz Yisroel are accorded a techum like that of the feet of the person who draws the water on Yom Tov. This water is considered ownerless at the start of Yom Tov and does not have a techum of its own. It therefore assumes the techum of whoever first acquires it. The Gemara presents the case of מילא ונתן לחבירו – if one drew water from one of these water holes and gave it to his friend, and it was his intention to do so when he drew the water. Rav Nachman and Rav Sheishess disagree and the Gemara concludes that their machlokes is based on the issue of one who picks up a found article intending to acquire it on behalf of his friend. Rav Nachman holds that if one picks up a found object on behalf of his friend, his friend acquires it through this act as though he had picked it up himself. The water of the ownerless cistern is like a found object. Therefore, if one draws water on behalf of another, the latter acquires it, and consequently the water is as his feet. Rav Sheishess holds that when one picks up a found object for another, the latter does not acquire it. Rather, it belongs to the one who actually picked it up, and consequently the water is as the feet of the one who draws it.

• If one’s produce is in another town

The next Mishnah states: מי שהיו פירותיו בעיר אחרת – If one’s produce was in another town, וערבו בני אותה העיר להביא אצלו מפירותיו לא יביאו לו – and the people of that town placed an eruv techumin in order to bring some of the produce to him, they may not bring the produce. Rashi explains that since the owner did not extend his techum by placing an eruv before Yom Tov, they may not bring his produce, since produce follows the techum of its owner. ואם ערב הוא פירותיו כמוהו – But if he placed an eruv that extends his techum to that town, his produce is treated as himself, meaning it is accorded his techum. Rashi explains that it is mutar for him to bring them to himself.