Monday, April 28, 2014

Beitzah 13 - Making mustard

The landlord of Rava bar Rav Chanan asked him a question: is it OK to crumble mustard pods to extract seeds on a Holiday (Yom Tov). Since cooking is permitted, that too should be allowed; on the other hand, since it could have been done before Yom Tom, maybe it should not be done now?

Rava bar Rav Chanan did not have a ready answer. He went to ask Rava, and Rava told him that it is totally permitted to rub ears of grain and crumble legumes on a Yom Tom, and the answer to the query is "yes" - provided it is done with the hands and not a vessel.

Ah! But now we found a case of separating tithe on a Yom Tov. He is, after all, making a small winnowing here, and this is when the obligation of tithe begins. And all our logic on the previous page was based on tithing not being permitted on a Yom Tov!?

How are we to deal with the contradiction? In truth, this too is not a problem. This is a mini-winnowing, and only Rabbi Yehudah the Prince says that it counts. His senior opponent, Rabbi Yose, the son of Rabbi Yehudah, says that even after hand winnowing, there is still no obligation to tithe, and one can freely snack on the food thus obtained. Thus, our previous logic is justified, and we know how to make mustard.

Art: Winnowing by William Edward Millner

Beitzah 12 - Once it is allowed - it is allowed

Thirty-nine labors are prohibited on Shabbat, and they are equally prohibited on a Holiday (Yom Tov). However, on Yom Tov, one can cook food, and the work needed for this constitutes an exception to the thirty-nine labors rule.

Beit Shammai states that one cannot carry a child or a Torah into the street on a Yom Tov. Why not? Because they are not edibles. Beit Hillel allows this. We thus see that Beit Hillel has a rule: once something is permitted for the purposes of cooking, it is permitted for all purposes. But how do we know that this is a general argument and not just one about carrying? They also disagree about lighting the fire: once it is allowed for cooking, Beit Hillel permits it for all other purposes.

When one cooks, she needs to give a portion to a Kohen. Beit Shammai prohibited carrying presents to the Kohen: just as one cannot carry the tithe to Kohen on a Yom Tov, so she cannot take other gifts. What does Beit Hillel answer? They say that it is not the same: tithe cannot be carried because it cannot be separated; will you say the same about Kohen food gifts, which can be separated? - Of course not.

Art: Girl Carrying a Child by William-Adolphe Bouguereau

Beitzah 11 - White and black doves

If one wants to slaughter and eat some doves on a Holiday, he must "prepare" them from before by designating the ones he plans to eat. If he designated white ones in a dovecote and in the morning he found black ones or vice versa, they are all forbidden.

This rule, however, is obvious! Since he has designated white birds but found black ones, he has to deduce that the white ones flew away, new ones came in, and they are black, and he has not designated them, so they are muktzeh. Talmud would not teach the obvious. Rabbah explains that we deal with two different dovecots, one with white doves and another with black ones. The rule tells us that he can not just say that the doves exchanged dovecots, but rather that they all flew away, and new ones came in.

Can we clarify an underlying logical principle from here? There are two ways to decide matters: follow the majority (and the majority of doves are not designated for his consumption) or follow the local situation (and locally, we have just two dovecotes, both designated). So could we say that the world majority is more important than the specific local situation? - No, we cannot. Perhaps in our case, there is a platform in front of the dovecote, and birds from other parts of the world constantly roost there. Therefore, the local birds are mixed with the majority of the world's birds - and that's why they are prohibited. But we cannot derive anything about the local vs. majority question.

Art: Still Life Of Cockerels, White Doves, A Jay, Grey And Red-Legged Partridge by (after) Jacomo (or Victor, Jacobus) Victors

Beitzah 10 – Contradictions

The Talmud notices a contradiction: we said that Beit Shammai puts fewer limitations on slaughtering animals for the Holiday (Yom Tov) meal, and Beit Hillel is more strict. However, right after this, Beit Hillel allowed more ways to get doves out of a dovecote. The question is around the joy of the Holiday: which school, of Shammai or of Hillel, wants to enhance it more?

Rabbi Yochanan said, “It is a mistake! Somebody transmitted their opinions incorrectly, and Beit Shammai should be stricter, as they are wont to be. ” But this is not necessarily so. It could be that Beit Shammai allows slaughtering and covering the blood only in that specific case, where there is a spade already in the ground, so there is no reason to prohibit it, but normally they would be stricter.

Beit Hillel, in its turn, permits using a ladder to get to the dovecote because it is obviously a ladder for that, not for plastering the roof. But in other cases, they may follow a different logic, not necessarily trying to be lenient. The Talmud finds five more contradictions where Rabbi Yochanan claims that it is a mistake, but the Talmud can explain the opinions as they are recorded without reversing them.

Art: A peasant leaning on a spade by Matheus van Helmont

Tuesday, April 22, 2014

Beitzah 9 - A ladder

Beit Shammai prohibits moving a ladder from one dovecote to another, even though his intention is to fetch some doves for slaughter and consumption, which by itself is permissible on a Holiday (Yom Tov). Beit Hillel disagrees and allows moving the ladder.

They must be talking about a ladder specifically designated for dovecotes, and yet Beit Shammai does not allow moving it. Why? - Because an onlooker might still think that he is going to plaster his roof. And Beit Hillel, what do they say? - That his ladder and his dovecote are proof enough of his intention.

Rav Chanan further qualifies this disagreement: it is only a ladder in the street that they argue about, but if nobody sees him in the privacy of his home, then it should be allowed by everybody. But how can Rav Chanan say so? We know that there is a rule that "Whatever the Sages prohibited to do in public, because of what an onlooker might think, is equally prohibited inside his most private room!?" - It turns out that not everybody agrees to this rule, and Rav Chanan thus has his source. Furthermore, this rule only applies when it looks like he may be violating a Torah prohibition, but when an onlooker may think that he is violating a rule of the Sages - that is allowed in private.

Art: The entrance to a large barn, a ladder leaning against the wall by Giovanni Battista Tiepolo

Sunday, April 20, 2014

Beitzah 8 - Earth

Having exhausted the question of an egg laid on a Holiday (Yom Tov) on the previous six pages, the Talmud turns to the next question in the group - earth. Both questions deal with muktzeh - objects set aside from use, which should therefore not be used on Shabbat or Yom Tov.

One can slaughter, cook, and eat animals on a Yom Tov, because although work, in general, is prohibited, preparing food is permitted. Furthermore, if one slaughters foul or wild animals, he needs to cover their blood with earth. However, digging earth on a Yom Tov is prohibited because it is akin to plowing or building, and in addition, the earth is muktzeh - set aside and not prepared for use on a Yom. Nevertheless, Beit Shammai permits one to dig with a spade and cover the blood with earth, whereas Beit Hillel requires the earth to be prepared on the previous day.

But how can digging be allowed? - It turns out that there are limiting conditions: the spade has to be inserted into the ground on the previous day. But he is crumbling the clods of earth, which is akin to grinding? - We are talking about loose earth. And yet, why did Beit Shammai permit this outright, seeing that it is so close to violating Yom Tov and that Beit Hillel tell him not to? Because Beit Shammai did not want to withhold the joy of a Yom Tov from people since it is a mitzvah in itself.

Art: Woman Digging in an Orchard by Camille Pissarro

Thursday, April 17, 2014

Beitzah 7 – A hen and an egg

Let us start with a rule: any creature whose mating occurs during the day (like a chicken) gives birth during the day; one whose mating is at night (a bat) gives birth at night, and people and other similar creatures, who mate both by night and by day – they give birth both at night and during the day.

What practical lesson does this teach? The following: if one checked a coup before the Holiday (Yom Tov) and there were no eggs, and then he checked early in the morning and found an egg, he can eat that egg because he can be assured that the hen laid it during the day – just that he missed it. But what if he checked really well? - Perhaps the egg came out only partially and then returned – but it is still considered laid the day before the Holiday and is therefore permitted.

What about Rabbi Yose, who says that the egg in such a situation is forbidden? – Rabbi Yose is talking about the egg that was not fertilized by a rooster and which the hen laid by warming itself against the ground. But if the rooster is present – the hen will not do that and will wait for the rooster instead, so we can be sure that the egg is laid by day and consequently eat it.

How far can the rooster be? – Even sixty houses away, as long as the hen hears its crowing in the morning. However, if there is a river, the rooster will not cross, but he will if there is a bridge. But not a bridge made out of rope. And yet, there was an incident when the rooster crossed the river over the bridge made of rope.

Art: Rooster with Hens and Chicks By Carl Jutz

Wednesday, April 9, 2014

Beitzah 6 – A chick

Having discussed an egg laid on a Holiday (Yom Tov), the Talmud turns to a chick hatched on a Holiday. What is its status? Can it be eaten? We have two opinions. One is that it is muktzeh (set aside) – since before it hatched, it was not fit for any use. The other opinion is that it is permitted: if one were to slaughter it, it would become permitted as food – and this permission removes the prohibition of muktzeh.

But why would it be muktzeh? We know that a calf born on a Yom Tov can definitely be eaten, so what is the difference between it and an egg? – The answer would be that the calf was permitted even while inside its mother – if one slaughtered the mother. This logic obviously does not apply to the chick.

There is also the opinion of Rabbi Eliezer ben Yakov, who says that the chick is prohibited even on a weekday – all the time that it has not opened its eyes. This is because, before this time, it is not properly a bird but a creepy-crawly and is prohibited together with other “things that creep upon the earth.”

Art: The Proud Mother Hen and Chicks by John Frederick Herring Snr

Sunday, April 6, 2014

Beitzah 5 – Why do we observe two days of Yom Tov?

Even though the appearance of the moon, and hence the beginning of the new month, was calculated by the Sanhedrin, they would not announce it until witnesses testified that they saw the new moon. Once the official day beginning the month was known, all Holidays: Rosh Hashana, Yom Kippur, etc., were set.

The Jews in Diaspora, starting with Babylon, had to wait until the messengers of the Court would arrive and tell them about the new moon, and since it often took quite long, they celebrated two days of Holidays (Yom Tov), out of doubt. Only one day of the two was the real Holiday. Therefore, an egg laid on the first day was always permitted on the second. Here is why. Either the first day was the real Holiday, and then the second was a weekday, or the first day was a weekday – and the egg laid then was permitted on the second day.

If so, then after the calendar was fixed by Hillel, the last Prince, in about the eighth century – why do people still celebrate two days of Yom Tov? – Because the Sages living in the Land of Israel urged everybody to keep the custom. The fear was that some new government may forbid the study of Torah, the Sages of the Diaspora would forget how to calculate the calendar, and as a result, eat leavened bread on Passover.

However, it could be that on Rosh HaShana, this reasoning about the egg does not apply because of a series of complicated logical derivations.

Art: Moonrise over the Sea By Caspar David Friedrich

Thursday, April 3, 2014

Beitzah 4 – And Beit Shammai was lenient

Rabbi Eliezer was the student of Beit Shammai, and he quoted the following opinion about the egg laid on a Holiday: it is permitted to eat it, and even its mother hen.

Now let's analyze this. If the hen is kept for food – then, of course, it is permitted, and Rabbi Eliezer is not telling us anything new. And if it is kept for laying eggs, then it should be forbidden!? – We are dealing with a special situation where someone bought a hen and did not tell us why. If later we see that he takes that hen to slaughter, we know that both the hen and the egg were designated for food. However, this explanation leads us to analyze the idea of retroactive designation, so let's try another one.

Another explanation of Rabbi Eliezer's statement is simply an “exaggeration” or special emphasis. He just wanted to emphasize that the egg can be eaten, so he included even the mother hen and said, “Everything can be eaten!” – even though the second part of the statement is obvious. He did say something similar on another occasion: “The egg may be eaten, and its mother, and the chick, and its shell.” Obviously, the shell is not edible. And if you want to say that he meant, “Chick in a shell” - that nobody allows. We see then that it was said just to make the point.

Art: Two hens by (after) Adriaen Van Utrecht

Wednesday, April 2, 2014

Beitzah 3 – More takes on the egg

Still trying to explain why an egg laid on a Holiday (Yom Tov) should not be eaten, Rabbah says that we need to think of when this egg has completed its growth while inside the hen. This happened on the day before. What if that day was Shabbat? Then we have food being prepared on Shabbat for consumption on a Holiday, and that is forbidden. Why? Because the Torah said, “On Friday they will prepare” – that is, it is on only the weekday that can prepare for Shabbat or Yom Tov, but food cannot be prepared for Yom Tom on Shabbat, even inside the hen. They asked Rabbah, “Shabbat and Yom Tov do not always occur on consecutive days, so the egg should be permitted then!” He answered that the Sages prohibited this in all situations because sometimes Shabbat and Yom Tov fall out on consecutive days.

Rav Yosef said that the egg is forbidden because it is similar to fruit falling from a tree – which is forbidden. But, we may ask, the fruit is only forbidden because we want to stop people from climbing trees and harvesting it so that it is stringency. Why do we need another limitation on top of it? He answered that the Sages prohibited the fruit falling from a tree, and the egg laid on a Yom Tom in one fell swoop.

Rav Yitzchak said that the egg is similar to juice flowing from a fruit. They asked him the same question as above: juice is forbidden only because one might come to squeeze it out himself, so it itself is stringency, and you are adding another stringency on top of it! He gave a similar answer that it is all part of one decree.

Now we have four possible explanations for the egg, and the Talmud discussed why each of the proponents does not accept the explanation of the others.

Art: Still Life with Fruit, Bird's Nest and Broken Egg By George Forster

Tuesday, April 1, 2014

Beitzah 2 – An egg

If an egg was laid on holiday (Yom Tov), Beit Shammai says it can be eaten, but Beit Hillel prohibits it. Since one can cook food on a Yom Tov, he won't have to eat the egg raw but make a dish.

How are we to understand this argument? If the hen that laid the egg is designated for food, then the egg is part of it and is considered food; how could Beit Hillel prohibit it? And if that hen is kept only for laying eggs, then the egg was not designated for use before the Yom Tov and is, therefore, “muktzeh,” an item that cannot be handled, much less eaten!

Rav Nachman ventured this explanation: Beit Shammai does not accept the whole concept of muktzeh. Moreover, they don't even accept a prohibition of “newly created” or “nolad” - something that was not here at all and appeared just now on a Yom Tov. Therefore, there is no reason not to eat the egg. Beit Hillel, on the contrary, subscribes to both prohibitions.

That explanation is bizarre, though. Usually, Beit Shammai is the strict one! How can they be more lenient? Moreover, the explanation is self-contradictory. In other places, in the laws of Shabbat, Beit Hillel are said to follow Rabbi Shimon (no muktzeh), and here, in the laws of Yom Tov, they follow Rabbi Yehudah (yes muktzeh)?

Actually, there is no problem. Who wrote down the rules (Mishna?) - this is Rabbi Yehudah the Prince. In the laws of Shabbat, when cooking is not allowed, and people are naturally more careful, he formulated the rules leniently. But in the laws of Yom Tov, where cooking is allowed, and people may extend the permissions even further, he formulated the rules more stringently.

Art: Still Life With Bread And Eggs By Paul Cezanne

Sukkah 56 – A good neighbor

The Bread of Vision was placed in the Sanctuary on Saturday. After a week of staying on the table, it was divided between the priests serving in the Temple – between the two groups serving that week, incoming and outgoing.

However, on the three holidays: Passover, Shavuot, and Sukkot, all priests were permitted to serve in the Temple, not just the two groups, and then the bread of vision was divided equally. Even when a Holiday does not actually occur on Shabbat but is adjacent to it, the bread was still divided equally – since all the priests who came for the holidays were still there on Shabbat.

The northern part of the Temple courtyard was more special since many services were performed there. The incoming priests were dividing and eating the Bread of Vision there to symbolize that they were dedicating themselves to the services for the coming week; those outgoing ate the bread in the south, where no services were usually performed. However, the family of Bilga always divided their bread in the south. Why?

One of the daughters in this family married a Greek general, and when the Greeks entered the Temple, she was beating the Altar with her shoe, saying, “Wolf! Wolf! You are consuming Jewish money, yet you don't protect them in hard times.” The Sages punished her family. But why the whole family? – She must have heard it from the family.

Alternatively, there is a rule: woe to the bad person and woe to his neighbor. On the bright side, there is also a rule: “Blessing to a good man, and blessing to his neighbor.” The Talmud finds a phrase in Isaiah to support this.

Art: Bread and a coffeepot By Frans Meerts