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text: Mishnah Beitzah
  משנה ביצה
  The Mishna with Obadiah Bartenura by Rabbi Shraga Silverstein
  
  
  Mishnah Beitzah
  
  
  
  
  
  	An egg that was hatched on yom tov [after Shabbath] — Beth Shammai say: It may be eaten; Beth Hillel say: It may not be eaten. [The rationale of Beth Hillel: Every egg that is hatched today is completed the day before, so that Shabbath is found to have "prepared" for yom tov; but Scripture states (Exodus 16:5): "And it shall be on the sixth day, that they shall prepare (for Shabbath) what they shall bring" — and the sixth day is generally chol (mundane, not a holy day) — whence: Chol prepares for Shabbath, and chol prepares for yom tov (which is also called "Shabbath"), but yom tov does not prepare for Shabbath and Shabbath does not prepare for yom tov. And preparation of the type of the egg, even though it is in the hands of Heaven, is, nonetheless, called "preparation." However, since Shabbath and yom tov are distinctive, their meal requires preparation in chol, and one of them may not prepare for the other, even preparation in the hands of Heaven — but a meal of chol is not distinctive and does not require preparation, so that on a Sunday in general, which is not a yom tov, an egg hatched on it is not to be forbidden because it was prepared on Shabbath, for the Torah does not require preparation for a meal of chol from the day before. And they forbade an egg hatched on any yom tov, even not after Shabbath — a decree by reason of yom tov after Shabbath. Likewise, they forbade sucking raw an egg hatched on any Shabbath — a decree by reason of Shabbath after yom tov. And with Shabbath and yom tov, one following the other, an egg hatched on the first is forbidden on the second. And the same holds with the two days of Rosh Hashanah. But with the two yom tov days of exile, where, perforce, one of them is chol, an egg hatched on the first is permitted on the second.] Beth Shammai say: Se'or (leavening) (is forbidden) with the size of an olive, and chametz (leavened food), with the size of a date. [In respect to eating, all agree that both are forbidden with an olive size, Scripture beginning with se'or and concluding with chametz, viz. (Exodus 12:19): "Se'or shall not be found in your houses, for all who eat chametz, etc." — to apprise us that (in respect to eating) se'or and chametz are one and the same. Where do they differ? In respect to removal. Beth Shammai hold that since (in respect to removal) Scripture wrote of both, se'or and chametz (Ibid. 13:7) rather than writing that chametz, the lesser "leavening," must be removed, whereby we could infer a fortiori that se'or, the greater "leavening," must of a certainty be removed — it must be that the (forbidden) size of one is not the same as that of the other, (the halachah of) removal not being derived from (that of) eating. And Beth Hillel hold that both (are forbidden) with an olive size, removal being derived from eating. And because these (first) three things are among the lenient rulings of Beth Shammai and the stringent rulings of Beth Hillel in respect to yom tov, they are adduced together.]
  	If one would slaughter an animal or a bird on yom tov [and he takes counsel with beth-din], Beth Shammai say: He should dig with a deker and cover it (the blood) [i.e., Beth-din tell him that he may slaughter it ab initio and dig with a deker stuck (in the ground) that he had prepared before (yom tov). That is, he should remove it from its place, bringing up earth as he does so, and cover (the blood) with that earth. (The instance is one in which it is stuck in moist earth, which is fit for covering (the blood), not requiring to be crumbled. ("deker":) a pick, which is stuck in the earth, as in (Numbers 28:8): "And he pierced (vayidkor) them both through."] And they (Beth Hillel) concur that if he had (already) slaughtered it, he should dig with a deker and cover it. And the ashes of a stove are "prepared" (muchan). [This does not refer to the instance of Beth Hillel and Beth Shammai, but is an independent statement, viz.: The ashes of a stove are "prepared," and do not need to be especially set aside, for one has them in mind. And this is so only if it had been lit on the eve of yom tov, but if it had been lit on yom tov, it is forbidden, it not being likely that he had had his mind on them from yesterday. And if they suffice for the roasting of an egg, still being hot, then even if it had been lit on yom tov, it is permitted to cover (the blood) with them. For since they may be moved about for the roasting of an egg, he may also take them and use them for covering (the blood).]
  	Beth Shammai say: A ladder may not be taken from one dove-cote to another, but it may be inclined from window to window; and Beth Hillel permit it. [With an upper story ladder, all agree that it is forbidden; and with a dove-cote ladder, too, Beth Hillel concede that it is forbidden to carry it in the public domain. For one who sees him might think that he is carrying it to repair his roof and that he will work on yom tov. Where do they differ? When he carries it in a private domain and is not seen by anyone. Beth Shammai hold that he may not do so, for everything that the sages forbade because of "marith ayin" (giving the wrong impression) is forbidden even in complete privacy. And Beth Hillel permit it, for even though, in general, it is forbidden — here, because of "the joy of yom tov" (i.e., to eat thereon), it is permitted. ("But it may be inclined from window to window":) in the same dove-cote. Dove-cotes generally have a nest for each pair (of birds) and a window for each nest.] Beth Shammai say: He may not take them unless he moved them before yom tov, and Beth Hillel say: He stands and says: "I shall take this and this one." [Beth Shammai and Beth Hillel differ only with regard to the first brood, dove-cote keepers generally sparing the first brood (the first two fledglings, with which the mothers "disport" themselves and which will not leave.) Beth Shammai hold that speech (designation) does not suffice; for when he takes them the next day, he might come to pity them and change his mind, so that he would have moved them without need (which is forbidden on yom tov). But if he moves them and feels them before yom tov thinking to slaughter them (on yom tov), and he does not pity them (at that time), we no longer apprehend that he will come to pity them later. And Beth Hillel hold that we do not decree for the eventuality that he might come to pity them, even with the first brood.]
  	If he prepared black and found white, white and found black (they are forbidden). [This (as it stands) is obvious and need not be stated. What is meant is that if he prepared black and white, and found black in the place of white, and white in the place of black, etc. And this is how our Mishnah is to be understood: If he prepared black in one nest and found white in it; and if he prepared white in another nest and found black in it — we might think that they are the same birds and that they changed nests; we are, therefore, apprised otherwise.] (If he prepared) two and found three [and he does not recognize those he prepared], they are [all] forbidden. (If he prepared) three and found two, they are all permitted. [For we assume that one left and the other remained, and we do not say that just as one left so they all left and these are other birds.] (If he prepared them) inside the nest and found them outside [and found nothing inside the nest], they are forbidden. And if they were the only ones there [in the dove-cote], they are permitted. [And even if there is another dove-cote within fifty cubits of it, if that dove-cote is not aligned with this one, but in a corner, we do not surmise that it might have come from that dove-cote; for fledglings, so long as they do not fly, but hop, hop only to a nest aligned with theirs, only, if when they turn around, they can see their nest.]
  	Beth Shammai say: It is forbidden to remove shutters on yom tov. [Spice-merchants have shops built like chests, standing in the marketplace and not attached to the ground. Shutters are used to close the openings of those chests and sometimes they are removed from the opening and the spices spread out upon them.] Beth Hillel permit even putting them back. [With shutters that are entirely without a hinge, all agree that they may be used to close even the entrance of a house in the courtyard. And with shutters that have a hinge on the side, all agree that it is forbidden to close even the openings of shops with them, this being similar to "building." Where do they differ? In respect to shutters that have a hinge in the middle, a kind of projection which is stuck into a hole in the middle of the wall of the opening of the shop. Beth Shammai hold that we decree against a hinge in the middle by reason of a hinge on the side; and Beth Hillel hold that we do not so decree with shop shutters and that it is permitted to put them back. For he must take out the spices, and if he were not permitted to put them back, he would not open (his shop) and this would detract from "the joy of yom tov."] Beth Shammai say: It is forbidden to take a pestle to carve meat thereon. [A pestle is a large, round piece of wood, used for crushing grits and the like, which, because of its weight and size is not considered a vessel (and thus forbidden to be moved on yom tov).] Beth Hillel permit it [because of "the joy of yom tov," even though it is not considered a vessel.] Beth Shammai say: It is forbidden to place (animal) hide before treaders [so that it not spoil], and it may not be lifted [to move it, after it has been spread out]. Beth Hillel permit it. [For if it were not permitted, he would not slaughter the animal so that the hide not be spoiled, and this would detract from "the joy of yom tov."] Beth Shammai say: Neither a minor, nor a lulav, nor a Torah scroll may be carried out to the public domain [i.e., Nothing (may be carried out) which is not needed for purposes of eating]; and Beth Hillel permit it, [saying: Since it (carrying) was permitted for eating purposes, it was also permitted for non-eating purposes. This, provided that it be for the sake of a mitzvah, as in the instances of our Mishnah, or for some benefit, as (carrying) the key of one's house and the like (as opposed to taking out stones and the like, Beth Hillel conceding that this is forbidden)].
  	Beth Shammai say: It is forbidden to bring challah and (the priestly) gifts to a Cohein on yom tov, whether they were separated (to be given to the priest) the day before or on the day (of yom tov) itself. [Even though it is permitted to separate challah (on yom tov), they did not permit it to be carried (to the priest) but only the "amending" of the dough and not more. ("gifts":) shoulder, cheeks, and maw.] Beth Hillel permit it. Beth Shammai said to them (to Beth Hillel): Gzeirah shavah (an identity) [Not a real (Torah) identity; for it is all a rabbinic decree stemming from the decree that terumoth and ma'aseroth are not separated on yom tov. It is only "similar" to a gzeirah shavah.], viz.: Challah and the (priestly) gifts are gifts to the Cohein; and terumah is a gift to the Cohein [one of the twenty-four priestly gifts.] Just as terumah is not brought (to a Cohein on yom tov), so (the other) gifts are not brought. Beth Hillel rejoined: No, if you say (that it is forbidden), that is in respect to terumah, which he is not authorized to separate — unlike the (priestly) gifts, which he is authorized to separate. [This Mishnah is rejected in the gemara, Beth Shammai and Beth Hillel not disagreeing that challah and gifts are brought but only as to the bringing of terumah, Beth Shammai saying that it is not brought, and Beth Hillel, that it is. Beth Hillel said to Beth Shammai: Challah and the (priestly) gifts are gifts to the Cohein, and terumah is a gift to the Cohein. Just as gifts are brought (to a Cohein on yom tov), so terumah is brought! Beth Shammai rejoined: No, if you say (that it is permitted), that is in respect to challah and (priestly) gifts, which he is authorized to separate, the sages having accorded him the right to do so; for the obligation to do so comes on yom tov (itself), it being permitted to knead and slaughter on yom tov. And since those of yom tov were permitted, they permitted bringing even those which had been separated before yom tov — unlike the instance of terumah, which he is not authorized to separate (on yom tov). For the grain pile cannot be subject to terumah on yom tov, the terumah obligation obtaining only from the time of the leveling of the pile, which is forbidden on yom tov — for which reason it is forbidden to bring terumah (to the Cohein) on yom tov.]
  	Beth Shammai say: Spices may be pounded (on yom tov) with a wooden pestle, [but not with a stone one. With this wooden pestle, however, they may be pounded in the normal manner, without any variation; for their flavor dissipates if pounded the day before.], and salt (may be crushed) with [an earthen] jug or with a wooden pot ladle. [For (the crushing of) salt requires a variation (shinui), in that it should have been crushed the day before, its flavor not going lost.] And Beth Hillel say: Spices may be pounded in the normal manner, with a stone pestle, and salt, with a wooden one. [The halachah is that one who wishes to crush salt on yom tov turns the pestle on its side and crushes it with a shinui, and spices may be pounded in the normal manner without a shinui.]
  	If one picks out peas on yom tov — Beth Shammai say: He picks the food and eats it [He picks the food (the peas) one by one from the psoleth (the non-edible parts)], and Beth Hillel say: He picks out (the psoleth) in the normal manner on his lap, in a reed basket, or in a tray, [so long as the exertion of picking out the psoleth is not greater (than that of picking out the food); but if it is greater (as when the psoleth is especially thin), even if there is more food than psoleth, Beth Hillel agree that he picks out the food and leaves the psoleth, reduction of exertion being the prime criterion.]; but he may not (pick it out) on the table, with a sifter, or with a sieve. R. Gamliel says: He may also rinse them and pick it (the psoleth) out (sholeh). [He brings a vessel full of peas, pours water on them, the psoleth rises to the surface, and he removes it with his hand. "sholeh," as in (Exodus 3:5): "Remove (shal) your shoes." The halachah is not in accordance with R. Gamliel.]
  	Beth Shammai say: One may not send [a gift to his friend] on yom tov, except manoth [something prepared, which is not generally put away for the next day, such as meat or fish.] Beth Hillel say: One may send a beast, an animal, or a bird, whether alive or slaughtered. [Beth Hillel permit sending it only with one or two persons; but it is forbidden to do so with three or more, for this makes a "stir," and the impression is given that they are taking it to market to sell.] One may send wine, oil, meal, and pulse, but not grain, [it not being fit for eating without being ground, and grinding being forbidden on yom tov.] R. Shimon permits it with grain, [for it can be crushed in a small mortar and cooked as a dish. The halachah is not in accordance with R. Shimon.]
  	Clothes may be sent (on yom tov), whether sewn [and fit to be worn] or not sewn [and fit for covering], even if they contain kilayim (a forbidden admixture of materials) [When they are stiff and do not add warmth, it is permitted to lie upon them], so long as they be for the need of the festival. But one may not send a nailed sandal [a sandal of wood covered with nails, the sages having decreed against its being worn on Shabbath and yom tov because of a particular occurrence in which it brought about the death of Jewish martyrs (Shabbath 6b)], nor a sandal which is not sewn, [even if it is held together with wooden pegs or the like]. R. Yehudah says: Nor (may he send) a white shoe, for it requires a craftsman (to blacken it)]. This is the rule: Whatever can be enjoyed may be sent on yom tov. [This is what is meant: Whatever can be enjoyed on a weekday, as it is, without requiring further work, even though it cannot be enjoyed on yom tov (such as tefillin, which can be worn during the week as they are, but which are not worn on yom tov) may be sent on yom tov.]
  
  
  
  	If yom tov fell on Sabbath eve, one should not cook to begin with from yom tov to Shabbath, but he cooks for yom tov, and if something is left over, it is left over for Shabbath. [That is, the beginning and prime intent of his cooking should not be for Shabbath, but for yom tov, and what is left over should be for Shabbath.] And he prepares a dish from yom tov eve [as an "eruv tavshilin" ("a mixing of cooking") and he relies upon it for Shabbath. [Some give the reason for this dish from yom tov eve as kavod Shabbath (honoring the Sabbath), i.e., Remembering Shabbath on yom tov eve, one will select a "choice portion" for Shabbath and will not forget Shabbath in the pre-yom tov activity. Others give the reason as kavod yom tov (honoring yom tov). Seeing that there is no baking from yom tov for Shabbath unless it were begun on yom tov eve, (in which instance it is merely completed on yom tov), one will understand that, a fortiori, there is no baking or cooking entirely from yom tov to a weekday. (The blessing for eruv tavshilin is the same as that for eruv chatzerorth ("a mixing of domains"). And he must grant (rights in his eruv) through another to all those who wish thereafter to rely upon his eruv, even without their knowledge; for benefit may be conferred upon others even in their absence.] Beth Shammai say: (He prepares) two dishes; and Beth Hillel say: one. And they agree that fish and the egg (placed) upon it are considered two dishes. If it [the dish that he prepared yom tov eve] were eaten or lost, he may not cook upon it (relying upon it) to begin with. And if anything were left of it, he may rely upon it [to cook on yom tov] for Shabbath. [But ab initio, eruv tavshilin does not obtain with less than an olive size, whether for one or a hundred. And if he began his dough and his eruv were lost, he finishes what he began.]
  	If yom tov fell after Shabbath (i.e., on Sunday), Beth Shammai say: Everything is immersed before Shabbath. [For one must cleanse himself for the festival, and all that requires immersion, both men and vessels, are immersed before Shabbath]. And Beth Hillel say: Vessels (are immersed) before Shabbath, and men (immerse themselves) on Shabbath. [Vessels are immersed before Shabbath, for since they are fit for something after immersion for which they were not fit before immersion, if they were immersed on Shabbath or yom tov, this would be "amending something" and would be forbidden. "Shabbath" is stated here (rather than "yom tov") to apprise us of the "power" of Beth Hillel, that they permitted one to immerse even on Shabbath; for the impression is given that he does so for the sake of bathing and cooling off, and not (necessarily) for the sake of ritual cleansing.]
  	And they are of one opinion that it is permitted to "kiss waters" in a stone vessel to cleanse it (the water, on yom tov). [If one had good drinking water which became unclean, he fills with that water a stone vessel which does not acquire uncleanliness, and he places it in a mikveh of salty or muddy water until both waters "kiss." The first water is thus found to be "seeded" and combined with the water of the mikveh and is "nullified" in the latter and cleansed. (There is no cleansing in a mikveh for any food or liquid except water alone; and not through the agency of "immersion," but through the agency of "seeding.")] But it may not be immersed. [It (the unclean water) may not be placed for "kissing" (hashakah) in an unclean vessel which requires immersion so that the immersion cleanse the vessel at the "kissing" of the waters.] But one may immerse (on yom tov) from purpose to purpose. [If one immersed his vessels in order to tread olives with them in the olive press for mundane purposes, and then decided to tread grapes with them in the wine press for purposes of terumah, he must immerse them a second time for purposes of terumah. And if he decided to use them for kodesh (Temple consecrations), he must immerse them again for purposes of kodesh. And he may perform that immersion on yom tov, the vessel not being "amended" thereby. For the purpose of that immersion is not to raise the vessel from a status of uncleanliness, but to increase the degree of cleanliness.] And (he may immerse vessels) from company to company. [If he immersed vessels in order to eat his Pesach offering with one company, and then decided to eat it with a different company, so that he must immerse his vessels a second time, he may perform that immersion on yom tov.]
  	Beth Shammai say: [Festival] peace-offerings may be brought [on yom tov], for they are for human consumption; but s'michah (the placing of the hands on the head of the offering) may not be performed (on yom tov), s'michah being forbidden by reason of shvuth ("resting" from labor on yom tov). For he leans on it with all of his strength, so that it is as if he is making use of an animal (on yom tov). But s'michah is performed on the eve of the festival, Beth Shammai not holding that s'michah must immediately preceded slaughtering.] Burnt-offerings, however, are not (to be brought on yom tov) [except temidin and mussafin, which are congregational offerings and whose time is fixed. But one may not bring individual burnt-offerings, for they are not for human consumption. And even oloth re'iah (burnt-offerings of "visitation") are sacrificed on the other (intermediate) days of the festival, but not on yom tov itself, Scripture stating (Numbers 29:39): "A solemn assembly shall there be for you" — for you, but not for the Most High.] And Beth Hillel say: It is permitted to bring peace-offerings and burnt-offerings and to perform s'michah upon them. [Festival peace-offerings and burnt-offerings are brought, it being written (Deuteronomy 16:8): "a solemn assembly for the L rd" — everything which is for the L rd. But all agree that vow-offerings and gift-offerings are not offered on a festival, neither burnt-offerings nor peace-offerings.]
  	Beth Shammai say: One may not heat water for his feet (on yom tov) unless it is fit for drinking. [The Torah permitted (what is necessary for) eating, but not lighting a fire for bathing.] And Beth Hillel permit it. [For since lighting a fire was permitted for purposes of eating, it was also permitted for other purposes so long as some benefit is to be derived therefrom. And the halachah is that one may wash his face, hands, and feet with water that was heated on yom tov eve, but not his entire body, yom tov being decreed against by reason of Shabbath. And with water that was heated on yom tov eve, one may wash his entire body on yom tov.] One may make a bonfire (on yom tov) to warm himself thereby.
  	In three things R. Gamliel adopts the stringent view, as per the ruling of Beth Shammai: Hot food may not be stored (to be kept warm) from yom tov to Shabbath. [For Beth Shammai hold that one may not bake (on yom tov) unless he has made an eruv with a loaf, and he may not cook unless he has made an eruv with a (cooked) dish, and he may not store food (to be kept warm) unless he had warm food stored from yom tov eve. And Beth Hillel hold that one may bake and cook and store on an eruv of cooked food alone. However, in the gemara it is indicated that Beth Hillel also require loaf and meat. And this is the halachah.] And a menorah is not set up on yom tov. If a menorah of linked sections came apart, it is not set up again; for this is like building, and (interdicted) "building" obtains with vessels. And Beth Hillel hold that "building" does not obtain with vessels.] And loaves are not baked thick (on yom tov), but thin. [Beth Shammai hold that it is forbidden to bake large loaf on yom tov, and Beth Hillel hold that it is permitted, for when it is large, it bakes better.] R. Gamliel said: "All the days of my father's house, they never baked thick loaves but only thin ones." They responded: "What can we do for your father's house, who were stringent with themselves and lenient with all of Israel, allowing them to bake thick loaves and chori [a large piece of dough baked on coals, requiring much lighting, for the coals keep on going out, and exertion is entailed. The halachah is not in accordance with R. Gamliel in respect to all of his stringencies as per Beth Shammai.]
  	He (R. Gamliel) also adopted the lenient view in three things: It is permitted to sweep between the beds (on yom tov). [They used to recline on beds and eat. Because the space (between beds) is small, we do not fear that he might even out holes (in a sand floor), as we do in respect to the house, which, being large, is bound to have holes.] And it is permitted to make mugmar on yom tov [i.e., to place frankincense on coals to inhale the aroma; but all hold that it is forbidden to perfume clothing.] And it is permitted to make a gedi (a kid) mekulas on Pesach night. ["mekulas" — roasted with its legs and its entrails at its side, in commemoration of the Pesach offering, concerning which it is written (Exodus 12:9): "its head, with its legs, with its entrails." "mekulas," as a warrior bearing his weapons. The targum of (I Samuel 17:5): "and a copper helmet" is "vekulas dinechash." Rambam interprets "mekulas" as "distinctive," as in "kilus."] And the sages forbid [all three: sweeping, because he might even out holes; "mugmar," because it is not required by all, but only by the pampered and self-indulgent and those with body odor; "mekulas," because he gives the impression of eating consecrated food outside (the prescribed area). The halachah is in accordance with the sages.]
  	Three things are permitted by R. Elazar b. Azaryah and forbidden by the sages: His cow went out (on yom tov) with the [decorative] strap between her horns. And the sages forbid it. [They consider it a burden and not decoration. (It was not the cow of R. Elazar b. Azaryah, but that of his neighbor. Because he did not protest, however, it is called by his name.)] It is permitted to curry an animal on yom tov [with a small-toothed iron comb, even though one makes sores thereby.] And it is permitted to grind peppers in their [small] mill [designed for that purpose]. R. Yehudah says: Currying an animal on yom tov is forbidden, for it makes sores; but combing an animal [with a large-toothed wooden comb, which does not make sores] is permitted. And the sages say: Both currying and combing are forbidden, [combing being decreed against by reason of currying. The halachah is not in accordance with R. Elazar b. Azaryah in (all of) these three things, but only in respect to currying an animal. For he is consistent in this with R. Shimon, who says that "an unintended thing (like making a sore) is permitted." And we rule in accordance with him. The sages who differ with him hold with R. Yehudah that an unintended thing is forbidden. And this is not the halachah.]
  	A pepper mill acquires uncleanliness by reason of three vessels. [If one of the parts separates, it is not regarded as a fragment of a vessel, which does not acquire uncleanliness), but each one is considered a vessel in itself and acquires uncleanliness, even though when they are on the mill they are connected and look like one vessel]: (It acquires uncleanliness) by reason of "a receptacle" [The lower part, which receives the pepper ground through the holes of the sieve, acquires uncleanliness by reason of "a receiving vessel," being a wooden vessel with a receiving element.]; and by reason of a metal vessel [The upper part, which crushes and grinds the pepper acquires uncleanliness by reason of "a metal vessel." It does not acquire uncleanliness as a wooden vessel (flat wooden vessels remaining clean), but because of its lower covering, which is of metal]; and by reason of "a sieving vessel." [The middle part, which surrounds the sieve, does not acquire uncleanliness as a wooden vessel, not being a receptacle. But the sages decreed that a sieve acquire uncleanliness by reason of a weaving vessel, so that even if the sieve if not of metal, it acquires uncleanliness by reason of "a sieving vessel."]
  	A child's carriage [made for a child to play with and set aside for him to sit upon] acquires midras ("treading") uncleanliness [If the child were a zav (one with a genital discharge), the carriage becomes av hatumah (a "progenitor" of uncleanliness) ], and it may be moved on Shabbath, [for it has the status of a vessel]. But it may not be rolled [on Shabbath], except on garments, [for it makes a groove in the ground, and one who "digs" is liable by reason of "plowing."] R. Yehudah says: All appurtenances may not be rolled (on Shabbath), except a carriage, because it presses. [Two tannaim (rule here) in accordance with R. Yehudah, the first also representing the view of R. Yehudah, who says that "something not intended is forbidden." And the other tanna comes to apprise us that R. Yehudah did not forbid a child's carriage, because it does not make a groove by "digging," as it rolls, but it presses down the soil beneath it without dislodging it. The halachah has already been stated in accordance with R. Shimon, viz.: one may drag a bed, a chair, and a bench so long as he does not intend to make a groove.]
  
  
  
  	Fishes may not be "hunted" from fisheries on yom tov. [Even though slaughtering, baking, and cooking are among the avoth melachoth (proto-labors) and are permitted for yom tov needs, hunting is similar to harvesting, and harvesting was not permitted on yom tov.] And food is not placed before them [the fishes; for they can survive without it and there is no obligation to feed them.] But animals and birds [which were prepared the day before] may be hunted from [small] vivariums [where they are readily hunted.] R. Shimon b. Gamliel says: Not all vivaria are alike. [R. Shimon b. Gamliel does not come to differ with the first tanna but to explain his meaning.] This is the rule: Whatever is not readily hunted [i.e., where trapping stratagems must be devised] is forbidden; and whatever is readily hunted [i.e., what can be caught with one bound] is permitted.
  	(With) snares for animals, birds, or fish, which were set before yom tov — one may not take from them on yom tov (what is caught in them), unless he knows that it was caught before yom tov. And once a certain gentile brought fish (on yom tov) to R. Gamliel, who said: "It is permitted, but I do not want to take it from him." [The Mishnah is defective. It was taught thus: "Something that was 'possibly' ready for use (on yom tov eve) is forbidden. R. Gamliel permits it. And once a certain gentile, etc." The halachah is not in accordance with R. Gamliel. But fruits and fish that were brought on yom tov, "possibly" having been picked or caught (respectively) today or the day before, are forbidden And whatever it is forbidden to eat, it is forbidden to move. And if their appearance "speaks for them," e.g., if the fruits are so shriveled that they could not have been picked today, or if the fish were brought from such a distance that they could not have been caught today, they are permitted. And something ready for use, which was brought from outside the (permitted) bound for a Jew is forbidden to that Jew and to all the members of his household, but permitted to other Jews. And fruits or fish that were picked or caught on the first day of the festival are permitted in the evening, bichdei sheya'asu, for the second day (except for the two days of Rosh Hashanah, where they are forbidden until the end of the second day bichdei sheya'asu. "kedei sheya'asu" = "the amount of time it takes" from the time of the picking of the fruits until their being brought whence they were brought. With a city whose gates are locked at night, one must wait until morning bichdei sheya'asu.] [("but I do not want to take it from him":) because I hate him.]
  	One may not slaughter (on yom tov) an animal in danger of dying, [which he does not need for yom tov, having already had his meal], unless there is time in the day to eat an olive-size of it roasted. R. Akiva says: (It is permitted) even (if there is enough time for him to eat) an olive-size, raw, from its slaughtering site, [where it is separated from its hide and ready (to be eaten.) the halachah is not in accordance with R. Akiva.] He may not bring it on a large or small pole [carried by two men, because this draws attention to itself and detracts from the dignity of the festival], but he brings it piecemeal in his hand.
  	A bechor (a first-born beast) which fell into a hole [A bechor with a blemish which he did not show to a sage before the festival to have it permitted — If it fell into a hole on yom tov and he feared that it might die there], let an expert go down [who can distinguish between a permanent blemish and a passing one] and examine [the blemish that he noticed yesterday to determine whether it is a permanent one]. If it had a (permanent) blemish, he may bring it up and slaughter it. [i.e., If the pre-yom tov blemish were not permanent, but it sustained a permanent blemish today, even if he transgressed and brought it up, he may not slaughter it. We do not say: His mind was set on it yesterday and since it now has a permanent blemish, let him slaughter it. For since yesterday's blemish was not permanent, it is muktzeh by reason of prohibition (of slaughtering an unblemished bechor).] R. Shimon says: Any animal whose blemish was not recognized (as a permanent one) before yom tov is not considered ready (for use on yom tov). [He forbids it not because of muktzeh, for muktzeh does not obtain according to R. Shimon. (He forbids it, rather,) because permitting it on yom tov is like amending it, and seems like the pronouncing of a ruling on yom tov, which was decreed against by reason of shvuth ("resting"). The intent (of the Mishnah, then,) is: His (the sage's) sanction is no sanction, and it is not "ready" to be considered kosher.]
  	A beast that died (on yom tov) may not be moved from its place. [A beast of kodshim (dedicated to the Temple) is referred to, as indicated by "and about challah that became unclean" (below). Benefit may not be derived from a beast of kodshim that died, and it must be buried, for which reason it may not be moved from its spot (on yom tov). But a beast of chullin (non-dedicated) may be cut up for the dogs. And this, when it was seen to be dying the day before, so that one's mind was on it. But if not, a beast of chullin, too, may not be moved from its spot.] And once they asked R. Tarfon about this and about challah that became unclean, and he went into the house of study and asked. And they said to him: They may not be moved from their place. [Challah that became unclean is not fit for a Cohein on yom tov, neither for kindling nor for feeding to his dog. For kodshim may not be destroyed on yom tov, even by feeing to a beast, it being a Scriptural decree that kodshim which became unclean may not be removed from the world on yom tov.]
  	It is forbidden "to be counted" for (the purchase of) a beast ab initio on yom tov. [Monies are not stipulated, e.g., two or three men are not permitted to say: We will buy this beast for three zuz, a zuz for each.] But it is permitted to do so on yom tov eve, and they slaughter and divide among themselves (on yom tov) [in halves, thirds, and quarters, without mentioning the monies they had stipulated.] R. Yehudah says: It is permitted to weigh meat against a vessel or against a hatchet. [Even though it is forbidden to weigh by the pound, this being a mundane activity, it is permitted to weigh against a vessel or against a hatchet and so see the next day how much they weigh.] And the sages say: A scale may not be looked at, at all. [It is forbidden to put meat on the balance even to protect it against mice. The halachah is in accordance with the sages.]
  	It is forbidden to sharpen a knife on yom tov [with a mill or a sharpener], but it is permitted to pass it over another, [a variation from the usual practice]. One may not say to a butcher: "Weigh me a dinar's worth of meat," but he slaughters (the animal) and they divide (the standard cuts) among themselves.
  	A man may say to his neighbor: "Fill up this vessel for me," but not with the measure [i.e., with a vessel used for measuring and selling. But if it is not specifically used for that, even though it "stands" to replace the regular measuring vessel if it breaks, it is permitted to fill it (on yom tov)]. R. Yehudah says: If it were a measuring vessel, [even though he had not yet assigned it as such], he may not fill it. [The halachah is not in accordance with R. Yehudah.] Once, Abba Shaul b. Batnith filled his measures on yom tov eve, [it being forbidden to measure on yom tov], and gave them to his customers on yom tov. Abba Shaul says: He did so also on Chol Hamoed (because of the time it takes) to ascertain the exact measure, [in order to avoid neglect of Torah study. For many would come to make inquiries of him on Chol Hamoed, when they were not taken up with their work; and he would fill up his measures at night, when the house of study was not frequented, so as to be free in the daytime.] And the sages say: He did so also during the week because of the draining of the measures. [When he sold oil, he did so with many measures. The customers would bring their vessels and he would measure (oil) for each one separately. The oil would drain into their vessels the entire night so that no oil remained on the sides of his measures and the customers were not "cheated."] One may go to a shopkeeper that he regularly patronizes and ask him for a particular number of eggs or nuts; for it is customary for one to count in his house.
  
  
  
  	If one brings pitchers of wine from place to place [within the tchum] (on yom tov), he should not bring them [placing two or three pitchers] in a basket or a container [and carrying them; for this gives the appearance of a weekday activity. If he has no other recourse, however, it is permitted.], but he brings them [placing one or two pitchers] on his shoulder [this giving the impression that he needs them for yom tov] or before him [in his hand]. Similarly, if one brings straw [for kindling or for a beast], he should not lower the container behind him, [this giving the appearance of a weekday activity], but he should bring it in his hand. And one is permitted to begin [taking] from a pile of straw, [even if he had not prepared it before yom tov and was not accustomed to using it for kindling, muktzeh not obtaining according to this tanna], but not from the wood in the muktzeh. [The space behind the houses is called the "muktzeh" because it is "removed" and not frequented. "Wood" here refers to the large cedar beams used in building, which, being expensive, are "muktzeh" by reason of monetary loss [(the loss involved in using it for a purpose other than that for which it was intended). And in this, even R. Shimon, according to whom muktzeh does not obtain, concurs.]
  	It is not permitted to take wood from a succah. [Even when the succah is not used for a mitzvah, as on Pesach or on Shevuoth, it is forbidden to take wood from it on yom tov by reason of "tearing down a tent."] (One may not take wood from a succah, but) only from what is near it, [such as reeds standing near the walls and not interwoven with the walls, so they are not considered part of them, for which reason they may be taken on yom tov.] [Torn off] wood may be brought from the field [within the tchum] from what is gathered, and from the karpif (an enclosure), even from what is scattered. [Our Mishnah represents an individual opinion and is not the halachah. The halachah is that one may bring wood only from what is gathered in the karpif. And he may not bring from the field at all, even from what is gathered, his mind not being set on that wood in that it is not guarded. But his mind is set on gathered wood in a karpif, which is guarded and fenced on all sides.] Which karpif (is permitted)? One [very] close to the city. These are the words of R. Yehudah. [This, when he has a key which is guarded, R. Yehudah requiring both, near the city and a key. (He does not mention the key, taking it for granted that karpifoth have keys.)] R. Yossi says: Whatever is entered by a key, even if it is within the Sabbath bound. [If there is a key, it need not be near, but (it is permitted) even if it is so far as to be near the end of the Sabbath bound. And if it is near, a key is not necessary. "Near and no key" or "a key and not near" are permitted. The halachah is in accordance with R. Yossi.]
  	Wood (for kindling) is not cut (on yom tov) from beams [for building, arranged on the ground to keep them from bending], nor from a beam that broke on yom tov. [For even though it is fit for kindling now, it was not before yom tov.] And one may not cut: neither with an axe [Our Mishnah is defective. It was taught thus: …"but one may cut wood from a beam that was broken before yom tov. And when they cut, they cut neither with an axe"] nor with a saw, [which is a workman's tool], nor with a sickle [This, too, is a workman's tool, and (in using it) he gives the impression that he wishes to perform labor], but [they cut] with a hack, [a butcher's hack, which is not a workman's tool. Some of them have two heads, one wide, called "female"; the other, narrow, called "male." And one may cut only with the male head.] A house full of fruits — If it were closed up, and it opened, one may take out (fruits) through the opening. [And we do not say that they are muktzeh by reason of prohibition, it being prohibited to open it on yom tov, so that his mind is not on them. For the "house" of our Mishnah is not one built with tar and lime, but an arrangement of bricks, one set atop the other, without tar. So that, there being no Torah prohibition against opening it, the fruits are not muktzeh — just as we say in respect to tevel (untithed produce), that it is not muktzeh; for if he transgressed and amended (i.e., tithed) it (on yom tov), it is amended.] R. Meir says: He may even open it to begin with and take. [For since there is no tar, but only bricks piled one atop the other, this is not soter ("tearing down"), and it is permitted to open it ab initio. The halachah is not in accordance with R. Meir.]
  	One may not "open" a lamp (on yom tov) [by taking one of the potter's "eggs" and sticking his fist in it to hollow out (the bowl for) a lamp], for he thereby makes a vessel. And one may not make charcoals on yom tov, [these, too, being "vessels" for goldsmiths], and a wick may not be cut in two. [A wick, too, is a "vessel" for kindling, requiring preparation. It may not be cut in two, for this is amending a vessel. (But it is permitted to "mash" it in one's hand.)] R. Yehudah says: He may cut it by fire into two lamps. [He places the two heads of the wicks in the mouths of two lamps which he must light at the same time, and lights it in the middle. For now he does not give the impression of fashioning something, but of lighting (a lamp). The halachah is in accordance with R. Yehudah.]
  	One may not break a shard or cut paper [on which oil is put, so that it is fire-resistant] to roast a salted (fish), and an oven or a stove may not be scraped [If some of the plaster or lime of the stove fell into it, it may not be scraped, this being "amending a vessel." This ruling is in accordance with the rabbis, who say that "enabling labors" for eating are forbidden.], but it [the ash and the residue] may be leveled, [and if baking is impossible unless it is scraped, it is permitted.] And two barrels may not be put close together to place a pot upon them [with the fire between the two barrels, this being forbidden because it looks like "building"]. And a pot may not be supported with pieces of wood, [wood being used only for kindling]. And so with a door, [it may not be steadied with a piece of wood, wood being muktzeh for all uses except kindling.] And a beast may not be led with a stick on yom tov, [for the impression is given that it is being led to market to be sold]. R. Elazar b. R. Shimon permits it.
  	R. Eliezer says: One may take a wood splinter from before him [i.e., from what is before him in the house] to pick his teeth with. [Not necessarily "from before him," for according to R. Eliezer it is even permitted to take one from the courtyard; for he says: "Whatever is in the courtyard is 'prepared.'" "from before him" is stated because of the rabbis, who differ with him, saying that even from before him — to kindle, it is permitted; to pick (his teeth) it is not permitted, the rabbis holding that wood may be used only for kindling.] And he may collect (wood) from the courtyard and kindle it, for whatever is in the courtyard is "prepared." And the sages say: He collects from what is before him and kindles, [but not from the courtyard. For since splinters are thin and it is difficult to gather and collect them, they did not "stand" for this from the day before. As to your saying: "He may take a splinter to pick his teeth with," we (the rabbis) hold that even from before him he may take wood only for kindling, wood being permitted only for that purpose. They differ in both instances, and the halachah is in accordance with the sages. It is permitted to take a pick for one's teeth only from the manger, and he may not cut or fashion it for this unless it is fit to be eaten by an animal. For anything which is fit to be eaten by an animal may be cut both on yom tov and on Shabbath and is not regarded as "fashioning a vessel."]
  	One may not extract fire (on yom tov) [this being "molid" ("creating"), which is similar to working, the fire being created on yom tov], neither from wood (i.e., by rubbing two pieces of wood together), nor from stones, nor from earth [There is a certain type of earth which emits sparks when dug from its source], nor from water. [Water is put into a vessel of white glass and placed in the sun when it is very hot. The glass becomes red hot, flax is brought and touched to the glass, and it burns.] And re'afim [hollowed earthen tiles used for covering roofs] may not be heated [in fire] for roasting (food) in them. [This, only with new tiles, for he "fashions" them by this heating, the fire glazing and hardening them.] R. Eliezer said further [Because he ruled leniently in respect to muktzeh (4:6) and does so again, "further" is stated]: A man stands over the muktzeh (the place where fruit is spread for drying), the fruit requiring hazmanah (prior designation for use on Shabbath) and hazmanah availing it] on Sabbath eve in the sabbatical year, [when the tithe does not obtain and the figs lack only hazmanah. The same applies to what is tithed, on the other (non-shemitah) years, but the tanna speaks of the ordinary instance, muktzeh, ordinarily, not having been tithed. For dried figs and raisins are generally "muktzeh," and they are not tithed until completely processed], and he says: "From here I shall take for tomorrow," [this sufficing, breirah (retroactive designation) obtaining.] The sages say: (This does not avail) until he indicates [by sign] "from here and from here," [breirah not obtaining. The halachah is in accordance with the sages.]
  
  
  
  	One may drop fruit through the arubah (an aperture) on yom tov, but not on Shabbath. [They permitted one who had fruits or produce spread on his roof for drying, who saw rain coming, to exert himself and throw them to the ground (in his house) through the aperture in his roof, this not entailing great effort. And this, only with an aperture, where the fruit need merely be dropped, but with a window (as with a roof surrounded by a wall with a window in it), where he must lift the fruit to the window and then drop it — so much exertion was not permitted by the rabbis.] And fruits may be covered with vessels (to protect them) from a drip [in the roof. And we do not consider this an exertion not required for yom tov, the rabbis having permitted it because of the monetary loss involved.] The same applies to pitchers of wine and pitchers of oil [i.e., they may be covered (to protect them) from the drip.] And a vessel may be placed under a drip on Shabbath [to collect the water so that the house not be muddied. And if the vessel fills up, he need not hesitate to spill it out and repeat the process.]
  	Whatever one is liable for by reason of shvuth ("resting") [i.e., whatever the sages forbade one from doing on Shabbath by reason of shvuth], or reshuth (a permitted activity), [where there is "somewhat" of a mitzvah, but not a distinct mitzvah, so that it has a semblance of "reshuth" (and which is forbidden by the scribes)], or mitzvah [i.e., where there is a distinct mitzvah, but which the rabbis forbade on Shabbath], (Whatever one is liable for by reason of shvuth), one is liable for [i.e., he may not do it] on yom tov. Shvuth: [those things which the sages charged one to "rest" from, and in the doing of which there is no mitzvah]: One may not climb a tree [a decree, lest he tear (something from it) ], and one may not ride on an animal [a decree, lest he cut a vine-rod in order to lead it], and one may not swim [a decree, lest he make "a swimmer's bottle"], and one may not clap [hand to hand], and one may not slap [hand to thigh], and one may not dance, [all decrees lest one make musical instruments]. Reshuth: One may not render a (halachic) ruling. [Sometimes, this is (entirely) reshuth, as when there is a higher authority in the city in which instance it is not incumbent upon him (a lesser sage) to rule.], and one may not betroth. [Sometimes it is not a distinct mitzvah, but reshuth, as when one has a wife and children.], and one may not perform chalitzah nor yibum. [When one has an older brother, this is also reshuth, it being a mitzvah for the eldest brother to perform yibum. The reason for all of these — a decree, lest he write.] Mitzvah: One may not dedicate (to the Temple), and one may not assess, [e.g., "The value of that man is upon me" (to give to the Temple), and he gives according to age as explained in the section on assessments (Leviticus 27:1-8)], and one may not make devotions (charamin) [e.g., "This beast is devoted." Devotions, unqualified, are for Temple maintenance. The rabbis forbade all of these (on yom tov) for they are similar to buying and selling, something passing from his domain to that of hekdesh (the Temple)], and one may not separate terumah and ma'aser (on yom tov) [even to give it to the Cohein on that day, where it is evident that he is separating them for the Cohein's festival joy — still, it is forbidden, for he thereby "amends" (the produce). This, with what was tevel (subject to tithing) the day before, but with what had become tevel today, such as dough, from which challah must be taken, he separates it on yom tov and gives it to the Cohein.] All of these were stated in respect to yom tov — a fortiori, in respect to Shabbath. There is no difference between yom tov and Shabbath but food (preparation) alone, (being forbidden on Shabbath but permitted on yom tov.) [This anonymous Mishnah is in accordance with Beth Shammai, who say (1:5): "Neither a minor, nor a lulav, nor a Torah scroll may be carried out to the public domain (on yom tov)," only what is necessary for eating having been permitted. But we rule in accordance with Beth Hillel, who say that since carrying was permitted for eating purposes, it was permitted for other purposes, too. (Another difference is the dropping of fruits through the aperture (5:1), which is forbidden on Shabbath and permitted on yom tov.)]
  	A beast and vessels are "as the feet of the owner." [One may take them on yom tov only to a place where the owner is permitted to go.] If one gives his beast to his son or to a shepherd, they are "as the feet of the owner." [Our Mishnah speaks of an instance in which there are two shepherds in the city, and where it is not known to which one he intends to give it. For this reason, they are "as the feet of the owner" if the beast is not with the shepherd before yom tov. But if there is only one shepherd in the city, all the people of the city place their animals in his keeping and in the "resting" (i.e., the permitted yom tov distance) that he has acquired, and the beast, then, is "as the feet of the shepherd."] Vessels specific for one of the brothers in the house are "as his feet." And those which are not specific [for one, but shared in common] are "as the place where they go." [i.e., Wherever they are permitted to go, they may take the vessels. But if one of them made an eruv two thousand cubits to the north, and the others did not, he prevents them from taking them even one cubit to the south because of his share; and they prevent him from taking it farther than two thousand cubits to the north, which is their permitted distance.]
  	If one borrows a vessel from his neighbor before yom tov, it is "as the feet of the borrower," having acquired its "resting" with him ben hashmashoth (at twilight); for ben hashmashoth, which marks the entry of the (new) day, acquires "resting." And even if it did not come to the hand of the borrower until yom tov, not being in his domain ben hashmashoth, it is still "as the feet of the borrower." And if he borrowed it on yom tov, after dark, it is "as the feet of the lender," having acquired "resting" with the owner (even if he were accustomed to borrowing it every yom tov.)] If a woman borrows from her neighbor spices [for her dish] and water and salt for her dough, they [the pot and the dough] are as the feet of both. [They may be taken to a place only where both can go, [for since she borrowed it on yom tov, the spices or the water and the salt acquired "resting" with the owner.] R. Yehudah exempts (the borrower) with (respect to) the water, for it is not substantial [i.e., it is not recognizable in the dish or in the dough (as when the dish is thick, so that the water is not recognizable in it), for which reason their being taken somewhere is not impeded (by the presence of the water). And R. Yehudah does not differ in respect to salt, the instance being one of dough which was kneaded with thick, coarse salt, which is recognizable and substantial. The halachah is not in accordance with R. Yehudah.]
  	A coal is "as the feet of the owner," and a flame (may be taken by the borrower) in any place (where the borrower may go). [If one lit his lamp by his neighbor's flame, he is not impeded in respect to interdicted bounds.] Me'ilah [abuse of consecrated objects] obtains with a coal of hekdesh (the Temple). [If one benefits from it, he brings a me'ilah gilt-offering.]; and with a flame (of hekdesh), one may not benefit from it [ab initio, by rabbinical ordinance] and [if he did benefit from it], me'ilah does not obtain. [He need not bring a me'ilah offering, for a flame is not substantial. Likewise,] if one carries a coal to the public domain (on Shabbath), he is liable; and with a flame, [if he pushed it with his hand from a private domain to the public domain], he is not liable. A well owned by an individual is "as the feet of the individual." [The water is taken only (as far) "as the feet of the owner of the well."]; and (a well owned in common) by the people of a city, "as the feet of the people of that city." [The water may be taken two thousand cubits in every direction outside its outskirts.]; and (the water of a well) of those who come up from Bavel, [a well made for travelers in the middle of the road by the Jews of the exile to drink from when they would come up (to Eretz Yisrael)] is "as the feet of the filler." [For it (the water) is hefker (unowned), and hefker is acquired by lifting. So that if another came and asked to borrow his water, he may take it only as far "as his (the lender's) feet." For this tanna holds that breirah (retroactive designation) obtains towards stringency (of ruling), so that as of yesterday it is "huvrar" (from "breirah") that the water belonged to this man (the lender) and that it was in his domain. This, as opposed to the view of R. Yochanan b. Nuri that articles of hefker acquire "resting" for themselves in their place.]
  	If one had his fruits in a different city, and the men of that city made an eruv to bring some of his fruit to him, they may not bring it, [since he had not made an eruv to that city; for his fruits are like him (in this regard)]. And if he had made an eruv (to that city), his fruits are like him.
  	If one invited guests [from a different city to come to him via an eruv] they may not take portions [after the meal to their house], unless he bequeathed them their portions [through another] on yom tov eve. [The host gives the portions to another through meshichah ("drawing forth") on yom tov eve and says to him: "Acquire these portions on behalf of such and such." For benefit may be bestowed upon a man in his absence.] Wilderness beasts may not be watered and slaughtered (on yom tov); but home beasts may be watered and slaughtered. Which are "home beasts"? Those which spend the night in the city. Which are "wilderness beasts." Those which spend the night in the meadow.