Siman - Beitzah Daf 40

  • If one deposits produce with a friend for safekeeping

It was said: המפקיד פירות אצל חבירו – If one deposits produce with a friend for safekeeping, Rav says: כרגלי מי שהפקידו לו – that the techum of the deposit is like that of the feet of the one to whom it was entrusted to, even though he is not the actual owner, but Shmuel says: כרגלי המפקיד – that its techum is like the feet of the depositor, who is the actual owner. The Gemara challenges Rav, from the Mishnah regarding a person whose produce is in a different city, of which the Mishnah says that if the owner of the produce placed an eruv, his produce is accorded his techum. Now, if you say that produce is accorded a techum like the one to whom it was entrusted, then when its owner placed an eruv, what has he accomplished in regard to the produce? The techum of the produce is still that of the of the one guarding it. Rav Huna said: They said in the yeshivah of Rav, כגון שיחד לו קרן זוית – that the Mishnah refers to a case in which the guardian assigned the depositor a specific corner in the guardian’s house for storing the deposited produce. Thus, he is not the legal guardian of the produce.

  •  Why one waters his animal before shechitah

The next Mishnah states: אין משקין ושוחטין את המדבריות – We may not water and shecht range animals, אבל משקין ושוחטין את הבייתות – but we may water and shecht domestic animals. אלו הן בייתות הלנות בעיר – These are considered domestic animals: Those that pass the night in the town. מדבריות הלנות באפר – Range animals are those that pass the night in the pasture. The Gemara asks why it was necessary to say: We may water and shecht, when the point of the Mishnah is clearly only that we may shecht? One is definitely permitted to give any of his animals water to drink on Yom Tov. The Gemara answers מילתא אגב אורחיה קא משמע לן – the Mishna is coming to inform us in passing, of another matter, דלשקי אינש בהמתו והדר לשחוט משום סרכא דמשכא – that one should first water his animal and then shecht it, because of the adhesion of the hide to the animal; if one waters his animal before its shechitah, it then becomes easier to skin later. 

  •  What does Rebbe hold regarding the muktzeh status of range animals

It was taught that the difference between range animals and domesticated animals is that muktzeh laws forbid the shechitah of range animals. Since a Baraisa quotes a definition for range animals in Rebbe’s name, it implies that Rebbe agrees that they are muktzeh. The Gemara questions whether Rebbe subscribes to a broad application of muktzeh laws, for Rebbe Shimon bar Rebbe inquired of Rebbe פצעילי תמרה לרבי שמעון מהו – What is the halachah concerning unripe grapes on Yom Tov according to Rebbe Shimon? Rebbe answered that muktzeh law does not apply according to Rebbe Shimon אלא גרוגרות וצמוקין בלבד – except in the case of dried figs and raisins while they are drying. They become inedible when set aside to dry, and even Rebbe Shimon agrees they are muktzeh. Since Rebbe cited Rebbe Shimon’s application of muktzeh law, he presumably agrees with it. Why then does he consider range animals muktzeh? The Gemara presents three answers. Range animals are like dried figs and raisins, inasmuch as they were fit to use, and he sent them away, and Rebbe Shimon concedes they are muktzeh. Or that Rebbe said this to explain the opinion of Rebbe Shimon, but he does not subscribe to his view. Or that Rebbe does not hold they are muktzeh but said the definition of range animals according to the Rabbanon.