Siman - Beitzah Daf 9
- Moving a dovecote ladder
The next Mishnah states: Beis Shammai say: אין מוליכין את הסולם משובך לשובך – One may not take a ladder from one dovecote to another dovecote on Yom Tov אבל מטהו מחלון לחלון – but one may tilt it from the opening of one pigeonhole to the opening of another pigeonhole in the same dovecote. Rashi explains that it is assumed that the ladder refers specifically to a dovecote ladder and is recognized as such. Beis Shammai forbids taking it from one dovecote to another even though his intention is to fetch some doves and shecht them for simchas Yom Tov. But Beis Hillel permit one even to take a ladder from one dovecote to another. Rav Chanan bar Ami said: The machlokes applies only in the case of one who carries a ladder in a reshus harabim, where he might be observed, for Beis Shammai hold הרואה אומר להטיח גגו הוא צריך – that one onlooker might assume that he is carrying a ladder because he needs to plaster his roof, whereas Beis Hillel hold since he is carrying a ladder that is specifically used for dovecotes it is not a problem. But in a reshus hayachid, where his actions are unlikely to be observed, everyone agrees it is mutar.
- Machlokes if מראית עין is prohibited even בחדרי חדרים
The Gemara asks if this is so that Beis Shammai’s prohibition does not apply where one’s actions are unlikely to be observed for Rav Yehudah said in the name of Rav כל מקום שאסרו חכמים מפני מראית עין אפילו בחדרי חדרים אסור – Wherever the Rabbanon prohibited an act because ofמראית עין , the act is prohibited even in one’s most private chambers. Rashi explains that generally the Gemara does not challenge the opinion of one Amora with the opinion of another Amora. However, here the Gemara challenges Rav Chanan’s teaching with the ruling of Rav, because Rav was the undisputed leader of all his contemporaries (with the exception of Shmuel). The Gemara answers that Rav Chanan has the authority to dispute Rav’s ruling for the question of prohibiting an issue of מראית עין אפילו בחדרי חדרים is a machlokes Tannaim, for it was taught in a Baraisa: If one’s clothing became soaked, שוטחין בחמה אבל לא כנגד העם – he may spread them out in the sun to dry on Shabbos, but he may not do so before people, meaning in an area viewed by people. Rebbe Elazar and Rebbe Shimon rule that this is prohibited even in a secluded area.
- The machlokes between Beis Shammai and Beis Hillel regarding returning a ladder
The Gemara brings a Baraisa with a different version of the machlokes between Beis Shammai and Beis Hillel, which taught, Rebbe Shimon ben Elazar said: Beis Shammai and Beis Hillel agree that one may take a ladder from one dovecote to another. לא נחלקו אלא להחזיר – They argued only in regard to returning the ladder to its original place. Beis Shammai say אין מחזירין – one may not return the ladder after using it, but Beis Hillel say: one may even return it. Rashi explains that according to Rebbe Shimon ben Elazar, although Beis Shammai prohibit the carrying of the ladder on Yom Tov, they conceded that it is permitted to take a ladder to a dovecote (to fetch birds for one’s Yom Tov meal) because it serves a Yom Tov need. Rebbe Yehudah said that these rulings apply only with a סולם של שובך – a dovecote ladder. אבל סולם של עליה דברי הכל אסור – but an attic ladder, according to everyone, is forbidden, because someone seen carrying an attic ladder will certainly be suspected of plastering his roof.
