Siman - Beitzah Daf 4

  • An egg may be eaten on account of its mother

It was taught in a Baraisa: Acheirim say in the name of Rebbe Eliezer: ביצה תאכל היא ואמא – An egg that was laid on Yom Tov may be eaten – both it and its mother hen. The Gemara asks what the case is dealing with. If the Baraisa is referring to a hen that was designated for consumption, it is obvious that both the hen and the egg are permitted. If it is referring to a hen that was designated to produce eggs, then both the hen and the egg are prohibited. Rashi explains that Rebbe Eliezer subscribes to Rebbe Yehudah’s broad application of muktzeh law, and therefore, since the hen was not specifically designated as a Yom Tov meal, both the hen and the egg are muktzeh. Rebbe Zeira answers that the Baraisa means תאכל אגב אמא – that the egg may be eaten on account of its mother, which Rashi explains to mean that if the hen is eaten, then the egg may be eaten. Abaye clarified that the case is when one purchased the hen before Yom Tov for no defined purpose. If he shechted it on Yom Tov הובררה דלאכילה עומדת – the hen has been determined to have been designated for consumption, and the egg is permitted. If it was not shechted, הובררה דלגדל ביצים עומדות – it is determined that it was designated to produce eggs, and so the hen and the egg are muktzeh.

  •  If branches fell from a tree directly into an oven on Yom Tov

Rav Masnah said: עצים שנשרו מן הדקל לתוך התנור ביום טוב – If branches fell from a palm tree directly into an oven on Yom Tov, מרבה עליהם עצים מוכנים ומסיקן – one may add on to them other wood that had been prepared for kindling and may burn them. The Gemara asks why this is permitted, given that when he arranges the wood in the oven, he will unavoidably move the prohibited wood which is muktzeh. The Gemara answers כיון דרובא דהיתרא נינהו – since the majority of the wood is not muktzeh, when he moves the wood around, he is moving only permitted wood. Rashi explains that the muktzeh wood is בטל ברוב – nullified in the majority. When the Gemara further questions why this is permissible, given the rule that אין מבטלין איסור לכתחילה – we do not deliberately nullify a prohibited item, it answers that this rule only applies to d’Oraysas, not to d'Rabbanons. The Gemara goes on to clarify that even according to Rav Ashi, who holds כל דבר שיש לו מתירין אפילו בדרבנן לא בטיל – any item that will eventually become permitted, even if it is only prohibited now as a d’Rabbanon, cannot become batel, that only applies דאיתיה לאיסורא בעיניה – when the prohibited item remains extant, and here the prohibited item is being consumed in the fire, and therefore may be nullified. 

  • Why two days of Yom Tov are still observed in galus

The Gemara asks why we observe two days of Yom Tov in galus, now that we know when Rosh Chodesh is established, referring to the fixed calendar introduced by Hillel, the final nasi, at the end of the Amoriac era. The Gemara answers because of the following message that was sent from Eretz Yisroel to Bavel. הזהרו במנהג אבותיכם בידיכם – Be careful to perpetuate the custom of your fathers that is in your hands and continue to observe two days of Yom Tov, זימנין דגזרי המלכות גזרה ואתי לאקלקולי – for someday the Gentile government may promulgate a decree forbidding limud haTorah and because you will subsequently forget the intricacies of calculating Rosh Chodesh, you will come to err. Rashi explains that mistakes in calculations could ultimately lead to eating chametz on Pesach.