Siman - Beitzah Daf 10
- How to remove the muktzeh status of the birds in the dovecote
The next Mishnah discusses how the muktzeh status of the birds in the dovecote are removed. Beis Shammai say: לא יטול אלא אם כן נענע מבעוד יום – One may not take doves from a dovecote on Yom Tov unless he handled those very doves while it was still day, i.e., before Yom Tov. But Beis Hillel say: עומד ואומר זה וזה אני נוטל – It is sufficient that one stands before Yom Tov and says, "I will take this (dove) and that (dove),” without actually handling them. Rav Chanan bar Ami said that the machlokes is with the בריכה ראשונה – the first brood of the season. Rashi explains that birdkeepers leave the first brood of the new season as company for its mother. Beis Shammai hold: גזרינן דלמא אתי לאמלוכי – We decree that doves must be handled before Yom Tov, because if one were to make a mere oral declaration, he might change his mind and decide to spare them when he takes them in his hand. But Beis Hillel hold we make no gezeirah. However, in regard to the בריכה שניה – the second or any subsequent brood, everybody agrees a verbal declaration is enough to remove their muktzeh status.
- זמן שחורים ומצא לבנים לבנים ומצא שחורים
The next Mishnah states: זמן שחורים ומצא לבנים לבנים ומצא שחורים...אסורים – If one designated black doves before Yom Tov and then on Yom Tov found only white ones, or vice versa, the doves are prohibited. When the Gemara questions the point of this obvious ruling, Rabbah answered that the case is where he designated black and white doves, each color-group in its own pigeonhole, and when he arose, he found black doves in the place of the white ones, and white ones in the place of the black ones. One might have assumed that these are same ones he designated, and they merely switched places. The Mishnah is coming to teach that they are assur for it might have occurred that the designated doves flew away, and these are different doves in the dovecote. The Gemara suggests this supports Rebbe Chanina’s principle of רוב וקרוב הלך אחר הרוב – When a conflict arises between the principles of “majority” and “proximity” follow the principle of majority. The Gemara rejects the proof saying the case involves a dovecote with a platform in front of it, on which birds from elsewhere constantly roost. Therefore, even if one assumes the birds came from the closest location, they are still muktzeh, since the majority of birds are muktzeh.
- One designated three doves but found only two
The Mishnah stated that if one designated three doves but on Yom Tov found only two, they are permitted. The Gemara explains that we assume that the two doves were the ones he originally designated and the other one flew away. The Gemara raises a difficulty as it seems the Mishnah is in accordance with Rebbe who argues with the Rabbanon in a case where one placed two manehs of maaser sheini in a box and later found only one maneh. Rebbe holds it is assumed one maneh remained in the box and one was removed, whereas the Rabbanon hold the money in the box is all chullin. Rashi explains that people do not generally separate their collection of maaser sheini money before taking it to Yerushalayim. The person must have forgotten he had removed the maaser sheini and put chullin in their place. The Gemara answers that we can say our Mishnah accords with the opinion of the Rabbanon, for Rebbe Yochanan and Rebbe Elazar both said שאני גוזלות הואיל ועשויין לדדות – Young birds are different than coins inasmuch as they tend to hop about, each one on its own. Therefore, one bird may have wandered away from the other two. The Gemara questions this answer.
