Bartenura on Mishnah Beitzah

Sefaria · Mishnah > Rishonim on Mishnah > Bartenura > Seder Moed · 214 sections

3.4.2
ירד מומחה – who is a specialist to distinguish between a fixed blemish and a passing blemish.
3.4.3
ויראה – a blemish that it had [acquired] yesterday, if it is a fixed blemish.
3.4.4
יעלה וישחט – because there is no prohibition for use or handling [on Yom Tov] (or set aside in a shed for a sacrifice), and from yesterday, his mind was upon it.
3.4.5
ואם לאו לא ישחוט – this is how it should be understood, and if not, that this blemish that was upon it from the eve of the Festival was not a fixed [blemish] but rather on that day, it became a fixed blemish, even if it had passed and he brought it up, he should not slaughter it. And we don’t say that from yesterday, his mind was upon it and since it now has a fixed blemish, let’s slaughter it, for since yesterday’s blemish was not fixed, it is set aside in consequence of its being ritually forbidden.
3.4.6
אין זה מן המוכן – not because it was forbidden for use or handling did he prohibit it, for Rabbi Shimon does not have [the concept of] Muktzeh/something set aside, but because he permits its use on the Festival day, it is like he repairs it, and it appears that he made a legal decision that was decreed upon it because of it is forbidden by the Rabbis as being out of harmony with the celebration of the day. And this is how it should be state: His making it permissible is not a permit, and it is not prepared to be acceptable.
3.5.1
בהמה שמתה – we are speaking of the Holy Animals [for use in the Temple], as it is taught regarding it and on the Hallah that was defiled. For the Holy Animals that died it is forbidden to derive benefit from it and it requires burial, therefore, one should not move it from its place. But a secular/non-holy animal, we cut it up before the dogs. And these words [apply] when it was in danger from yesterday, when his mind was upon it, but if it was not endangered from yesterday, even a non-holy/secular animal, he should not move it from its place.
3.5.2
החלה שנטמאת – which is not appropriate for the Kohen on the Festival day, even to burn it or to give it to his dog, we don’t remove out of existence holy things form the world on Yom Tov, and even through animals eating it, as it is the decree of a Biblical verse that we do not remove ritually impure Holy Things from the world on Yom Tov.
3.6.1
אין נמנין – fix a price so that two or three people would say that this animal is for three Zuzim, one per person.
3.6.2
ושוחטין ומחלקים ביניהן – at one half, one third or one-fourth, and for one does not mention the fixing of the price.
3.6.3
שוקל אדם בשר – even though it is prohibited to weigh a pound, for it is the activity of a weekday, it is permissible to weigh meat in the place with a utensil in the balance with a chopper, and on the next day, they will see the chopper and the utensil as to their [combined] weight.
3.6.4
וחכ"א אין משגיחין – do not investigate.
3.6.5
בכף מאזנים כל עיקר – even to preserve the meat from the mice, it is prohibited to place them on the weighing scale. And the Halakha is according to the Sages.
3.7.1
אין משחיזין את הסכין – with a millstone or with a whetting implement (of stone or wood)
3.7.2
אבל משיאה על גבי חברתה – as he makes a change from the manner of the weekday.
3.8.1
אבל לא במדה – a designated/special utensil for measuring that he measures and sells [produce] with it. But if it is not designated for this, even though it stands for the measurement, when this one that he measures with breaks, the other stands in its place, and he is permitted to fill with it.
3.8.2
אם היה כלי של מדה – even though it has yet been designated for this purpose, he should not fill it up. But the Halakha is not according to Rabbi Yehuda.
3.8.3
ממלא מדותיו מעיו"ט – for we don’t measure on the Festival day.
3.8.4
אף בחול המועד עושה כן – because of being idle from being in the House of Study, for many people would come to ask of him during the Intermediate Days when they are not busy with work and he would fill his measures at night which is not the time of study in the House of Study in order that he can be free during the daytime.
3.8.5
מפני מצוי המדות – when he would sell oil, he had many measurements, and the purchasers would bring their utensils and he would measure for each and every person with his own measuring utensil, and they would empty out everything into their utensils all night long, in order that there would be no remaining oil attached to the sides of the measuring device or on its walls and as a result he would be stealing from the purchasers.
4.1.1
מביא. ממקום למקום – within the [Sabbath] boundary limits.
4.1.2
לא יביאם וכו' – to place three or four jugs within a basket or a hamper and carry them, because it appears like a weekday activity to carry burdens. But if it is impossible to make a change, it is permissible.
4.1.3
אבל מביא הוא על כתפו – one or two for it proves that it is for the needs of the Festival day.
4.1.4
או לפניו – in his hand.
4.1.5
וכן המוליך את התבן – for burning or for the cattle.
4.1.6
לא יפשיל קופה לאחוריו – for it appears like a weekday activity.
4.1.7
ומתחילין בערמת התבן – even though he had not ordered it while it is was still daytime (before the start of the holiday) and he was not accustomed to burn with it, for this Tanna does not have the concept of Muktzeh/storage hut.
4.1.8
אבל לא בעצים [שבמוקצה] – something wide at the back of the homes is called Muktzeh (a space back of the dwelling containing stored up wood, cattle in sheds, etc.), on account that it is set aside in back and one does not go in and come out of there frequently. And this wood that we are speaking of here, are large beams of cedar set aside for construction, and regarded as an item set aside due to monetary loss, as they are expensive. For in this case, even Rabbi Shimon, who is not of the opinion that there is a prohibition of muktze, concedes.
4.2.1
אין נוטלין עצים מהן הסוכה – even from a booth that is not of the Mitzvah (i.e., an ordinary booth on the property – not necessarily for Sukkot) such as on Passover or Atzeret/Shavuot, we don’t take from it wood on the Festival day (see Talmud Betzah 31a) because of the tearing down/destruction of the tent.
4.2.2
אלא מן הסמוך לה – such as reeds that are standing near the walls that are not woven with the wall and are not abolished by the wall, therefore, we may take from them on the Festival day.
4.2.3
מביאין עצים – detached [wood] pieces
4.2.4
מן השדה – that are within the [Sabbath] limit from what is stored up/brought in.
4.2.5
ומן הקרפף אפילו מן המפוזר – Our Mishnah represents the opinion of a singular authority and is not Halakha. But rather, the Halakha is that one does not bring in wood other than from the that which is gathered/collected in the enclosure (especially, an enclosed space outside of a settlement). But he should not bring it in from field at all, and even from that which is collected, for his mind is not upon it, since they are not guarded there. But from the enclosure which is guarded and surrounded about, when they are brought in his mind is upon them.
4.2.6
כל שסמוך לעיר – in actuality, and that it has an opening, a key and is guarded, for Rabbi Yehuda requires two things – near the city and has a key/lock. But because he holds that mere enclosures have keys, because of this, he is not anxious to mention it.
4.2.7
ר"י אומר כל שנכנסין לו בפותחת, ואפילו בתוך תחום שבת – since he has key, he doesn’t require it to be close by, but even if it is far until it is close to the end of the Sabbath limit boundary. And if it is nearby, we don’t require a key/lock. For something nearby without a key or a key without it being nearby is permissible. And the Halakha is according to Rabbi Yosi.
4.3.1
אין מבקעין עצים מן הקורות – that are set up in the Land, in order that they do not curve, and stand for building.
4.3.2
ולא מן הקורה שנשברה ביו"ט – and even though that now they exist for burning, at eventide, they don’t exist for this.
4.3.3
ואין מבקעין לא בקרדום – Our Mishnah is deficient and should be read as follows, but they chop firewood from the beam that was broken on the eve of the Festival day, and when they chop it, they should not do so with an ax.
4.3.4
ולא במגרה – a sort of long knife filled with notches and cuts with it thick wood, for it is the utensil of an artisan.
4.3.5
מגל – this also is the tool of an artisan, and appears like [one] wanting to do work.
4.3.6
אלא בקופיץ – a mere hatchet (i.e., curved cutting tool) is a knife of butchers and is not the utensil of an artisan. And there are among them those which have two heads, one head is wide and is called the broadside of a double tool (see Talmud Betzah 31b), and the other head is narrow and is called the thin and pointed side of a double tool, and we don’t chop with it other than where its head is narrow and is the thin and pointed side of the double tool.
4.3.7
ונוטל ממקום הפחת – and we don’t say that they are in consequence of a ritual prohibition, for he is not able to make a breach/hollow it out on Yom Tov and his mind is upon them, for the hut/house that is taught In our Mishnah speaks of that which is not built with plaster and lime, but is an arrangement of stones one on top of another without plaster, and not that its breach is not forbidden according to the Torah, therefore they are not forbidden for use or handling [on Shabbat and Festivals], and since we have said regarding eatables forbidden pending the separation of sacred gifts are not forbidden for use and handing and if he transgressed and repaired it, it is made legally fit by giving priestly dues.
4.3.8
אף פוחת לכתחלה – for since there is no plaster there but only bricks stacked on top of the other, he does not tear them down and iit is permitted to make a breach ab initio. But the Halakha is not according to Rabbi Meir.
4.4.1
אין פוחתין את הנר – to take one of the lumps of the artisan of earthenware and to insert his fist into it to engrave a lamp, because he is making a utensil.
4.4.2
ואין עושין פחמין – for these are also a utensil for the refinement/smelting of gold, and the wick also is a utensil for kindling, which requires making and repair.
4.4.3
ואין חתכין אותה לשנים – because [in the process] he is repairing a utensil, but to crush it/rub it with his hand is permitted.
4.4.4
חותכה באור – he places the two ends of the wick in the mouth of two candles that he needs to kindle at once and kindles in the middle, but now that he does not prove that he was repairing something with intention, but merely just to kindle. And the Halakha is according to Rabbi Yehuda.
4.5.1
אין חותכין את הנייר – that they place on it oil, and it stands in the midst of the fire, all o fthis when the oil is within it and it doesn’t burn.
4.5.3
אין גורפין תנור וכירים – if there fell into them (i.e., the oven and/or the stove) from the paste of the oven and from the plaster , they don’t remove the ashes and coal from the oven for it is like repairing a thing, and it comes like the Rabbis who say that acts that are preliminary to the preparation (as grinding the slaughtering knife) are forbidden.
4.5.4
מכבשין – lie on the dust and dirt in order that it would be smooth, for if it is impossible for him to bake other than if he removes the ashes and coal form the oven, it is permitted.
4.5.5
מקיפין – bring them close to each other, like we don’t bring close a creation.
4.5.6
לשפות – to arrange and to place upon them a pot and the flame is between the two pots but he forbid it because it is similar to “building.”
4.5.7
[ואין סומכין] את הקדרה בבקעה – and they do not place wood other than for burning, and chips, wood that been split.
4.5.8
וכן הדלת – they do not support it on chips, for wood is forbidden for use and handling on the Festival regarding all usage outside of burning.
4.5.9
ואין מנהיגים את הבהמה במקל – because it appears like he leads it (i.e, the animal) to be sold in the marketplace.
4.6.1
משלפניו – from what is in front of him in the house.
4.6.2
לחצות בו שניו – to take the meat which protrudes between his teeth, and that it is in front of him, is not specifically, for according to Rabbi Eliezer, it is permissible to take it even from the courtyard, as it states that whatever is in the courtyard is ready. But the fact that he (i.e., Rabbi Eliezer) used the term, “in front of him,” because the Rabbis who disagree with him state that even what is in front of him, he can kindle with it, but not to pick at his teeth, for they hold that wood is not used other than for burning.
4.6.3
וחכמים אומרים מגבב משלפניו ומדליק – but not from the courtyard, for since they are thin chips and it is a burden to gather the wood and to sweep/rake them up, for from yesterday, they di dnot exist. But when the Mishnah stated that a person takes a chip of wood to pick at his teeth, we hold that even that which is in front of him he should not take other than to kindle, for wood is not given other than for burning. And in two things they disagree. But the Halakha is according to the Sages. And it is not permissible to take a wood chip to pick at his teeth other the manger of the animal, for anything that is fit for the food of an animal is permitted to cut whether on Yom Tov or on Shabbat, and there is nothing regarding them concerning the repair of a utensil.
4.7.1
אין מוציאין את האור – because it is like “giving birth” and similar to [prohibited] work, for one creates this fire on the Festival day.
4.7.2
מן העפר – there is ground that when one digs it up, one produces fire from the place of its digging.
4.7.3
ולא מן המים – one puts water in a white glass utensil and places it in the sun and when the sun is very hot and the glass produces a flame, and brings scraps/chips and they reach the glass and it burns.
4.7.4
רעפים – a hollowed out earthenware utensil in its middle when they cover with them the gardens.
4.7.5
אין מלבנין – with a flame.
4.7.6
את הרעפים – and specifically with new flints because they are similar to a think that is burned, and they are glazed and strengthened by the flame.
4.7.7
ועוד אמר ר"א – because the Tanna taught one for a leniency regarding that which is not permitted for use on the Sabbath/Festival day (i.e., Muktzeh) and afterwards he taught another thing, and it says, “and furthermore.”
4.7.8
עומד אדם על המוקצה – that requires designation of an object for use [on the coming Holy Day], and the designation is beneficial for it.
4.7.9
ערב שבת בשביעית – when the tithe does not apply on it, and is not missing anything other than a designation. But the same law applies by that which is tithed in and in the rest of the years of the seven-year cycle. But he took something that is usual, for something merely set aside is not tithed, for dried figs and raisins are merely things that are stored away and it is not customary to tithe them prior to the completion of the work.
4.7.10
מכאן אני נוטל למחר – and is enough with these when there is choice.
4.7.11
עד שירשום – with a sign/symbol, for there is no choice. But the Halakha is according to the Sages.
5.1.1
משילין פירות דרך ארובה – whomever has fruit or produce spread out on his roof to dry out, and he saw rain coming slowly, they permitted him to go to the trouble and to cast them through an aperture in the roof, and they fall to the ground, for there is no excess trouble, and specifically an aperture, for every aperture is from above to below [in the ceiling of the roof] but a window, such as a roof that is surrounded by partitions and window I in the wall, and one must raise it up to the window to cast it, all of this the Rabbis did not permit and to be painstaking.
5.1.2
ומכסין את הפירות – but we don’t say that it is toil that is not for the needs of the Festival day, but because of the loss of money, the Rabbis permitted it.
5.1.3
דלף – rain that drips from the roof.
5.1.4
וכן כדי יין וכדי שמן – that cover them because of the drippings [from the roof].
5.1.5
תחת הדלף – to receive the water so that it should not soil the house. But if the utensil became filled, he pours it out and repeats it and is not prevented [from doing so].
5.2.1
כל שחייבין עליו – that the Sages forbade to do on Shabbat because of Rabbinic decrees to enhance the character of the Shabbat/Festivals as a day of rest.
5.2.2
או משום רשות – that there is in a bit of a Mitzvah, but not a large Mitzvah, but it is near to being an optional act, but there is within it a prohibition from the words of the Scribes.
5.2.3
או משום מצוה – or there is within an actual Mitzvah/commandment, and the Sages prohibited doing it on the Sabbath.
5.2.4
וחייבין עליו – not to do it on the Festival.
5.2.5
ואלו הן משום שבות – that the Sages placed upon him to abstain from doing but there isn’t in their performance any kind of Mitzvah.
5.2.6
לא עולין באילן – a decree lest he tear off [a branch].
5.2.7
ולא רוכבין על גבי בהמה – a decree lest he cut a vine-shoot to drive the animal.
5.2.8
ולא שטין על פני המים – a decree lest he make a swimmer’s bottle (see Tractate Kelim, Chapter 2, Mishnah 3 – used for practicing).
5.2.9
ולא מטפחין – hand upon hand.
5.2.10
ולא מספקין – hand upon the leg.
5.2.11
ולא מרקדין – on the Festival, and all of them are a decree lest he repair a musical instrument.
5.2.12
ואלו הן משום רשות – because oof those of the ending section of the Mishnah which are a complete Mitzvah, regarding them we call these “optional.”
5.2.13
לא דנין – a judgement, and sometimes it is optional, such as when there is a larger city than this one, and it is not upon him to judge.
5.2.14
ולא מקדשין – the betrothal of a woman. For sometimes, it is not a complete commandment but rather optional, such as when he has a wife and children.
5.2.15
ולא חולצין ולא מיבמין – also at the time when he has an older brother than him, it is option, but it is a great Mitzvah to perform a levirate marriage and the reason for all of them is lest he write [documents].
5.2.16
ולא מעריכין – the value of this thing is upon me, and he gives according to the years, as it is written in the portion of valuations (Leviticus 27:1-8).
5.2.17
ולא מחרימין – behold this animal is devoted to God. And a mere devotion of an animal is for the treasury of the Temple. And all of them, the Rabbis forbad because they are similar to business transactions where one removes it from his domain to the domain of the Sanctified.
5.2.18
ולא מגביהין תרומות ומעשרות – and even in order to give them to the Kohen on the same day that is appropriate, for because of the Rejoicing on the Festival that the Kohen who needs them, he separates them (i.e., the tithes), and nevertheless, it is prohibited, for it is considered like repairing. And these words concerning produce that yesterday were eatables forbidden prior to the separation of sacred gifts, that currently such as dough one has to separate Hallah from, we separate it on the Festival and give them to the Kohen.
5.2.19
אין בין יו"ט לשבת אלא אוכל נפש בלבד (this part of the Mishnah is also found in Tractate Megillah, Chapter 1, Mishnah 5) – this anonymous teaching is according to the School of Shammai which states that we do not take out the minor nor the Lulav nor a Torah scroll into the public domain, for taking out was only permitted for the purpose of the preparation of food. But we hold like the School of Hillel which states that since removal was permitted for the purposes of the preparation of food, it is also permitted for that which is not needed [for food preparation]. And there are those who state that we let down pieces of fruit through an aperture in the roof looking to the ground floor at the beginning of our Chapter (Mishnah 1), that it is prohibited on the Sabbath, but that is permitted on the Festival.
5.3.1
כרגלי הבעלים – a person cannot bring it on the Festival other than where its owners are able to go.
5.3.2
או לרועה הרי אלו כרגלי הבעלים – Our Mishnah when there is in the city two shepherds, and we do not know which of them it would be [according to] the will of the owners, they are like status of the owner, if it was not with the shepherd while it was still day [prior to the start of the Festival]. But when the city lacks all but one shepherd, all the people of the city place their cattle in his domain and in having a Sabbath center, it would be like the status of the shepherd.
5.3.3
ושאינן מיוחדים – [not designated] to one of them, but rather to all of them.
5.3.4
הרי אלו כמקום שהולכין – to the place where all of them are able to go, it is permissible to bring the utensils, but if one of them made an Eruv at the end of two-thousand [cubits] to the north and the others did not make an Eruv, he delays them from being able to walk to the south even one step because of his portion, and they prevent him from going to the north, other than to the two-thousand cubits that are permitted to them.
5.4.1
כרגלי השואל – for he acquired his Sabbath center with him at twilight, for twilight is the entrance of the day where one acquires his Sabbath center, and even though it did not come into the hand of the borrower other than on Yom Tov/the Festival day, for it was not established in his possession at twilight, it is in the status of the person who borrows it (i.e., the utensil). And if he borrowed it on Yom Tov once it became dark, it is in the possession of the one who is lending it out, because he has acquired the Sabbath center with its owners. And even if he was accustomed to lend it out on every Holy Day.
5.4.2
האשה ששאלה מחברתה תבלין – for her pot.
5.4.3
ומים ומלח – for her dough.
5.4.4
הרי אלו – her pot and her dough.

Bartenura on Mishnah, trans. by Rabbi Robert Alpert, 2020. Via Sefaria (sefaria.org), Sefaria-Export. Version source: http://sefaria.org Licence: CC-BY. Source.