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Beitza

Daf 40a

אֶלָּא גְּרוֹגָרוֹת וְצִמּוּקִין בִּלְבָד.

except for the case of dried figs and raisins in the midst of the drying process alone. These are fruits that are fit to be eaten fresh and were deliberately removed from use to allow them to undergo a drying process, during which time they are inedible; they have therefore been actively removed from one’s mind for the interim. Unripe dates, however, are unfit to be eaten fresh and become fit for eating only when they are ripe. Therefore, if one places unripe dates in a basket to ripen, they are never completely removed from his mind, not having been changed from an edible state to an inedible state, and are permitted. If so, desert animals, which are similarly never completely removed from one’s mind, should also not be considered muktze . Why, then, does Rabbi Yehuda HaNasi indicate that they have the status of muktze ?

RASHI

אלא בגרוגרות וצמוקין שהן מתחלה ראויין לאכילה והוא דחה אותן בידים להעלותן ליבשן ושוב אינן ראויין עד שייבשו אבל אלו לא דחה אותן בידים ואיכא דאכיל מנייהו הכי קא סלקא דעתיה מדפריש ליה מילתיה דר"ש אלמא כר"ש ס"ל:

אִיבָּעֵית אֵימָא: הָנֵי נַמִי כִּגְרוֹגָרוֹת וְצִמּוּקִין דָּמֵי. וְאִיבָּעֵית אֵימָא: לִדְבָרָיו דְּרַבִּי שִׁמְעוֹן קָאָמַר, וְלֵיהּ לָא סְבִירָא לֵיהּ.

The Gemara suggests several resolutions: If you wish, say that these desert animals are also considered similar to dried figs and raisins, as by sending them outside the town the owner has actively removed them from use. And if you wish, say instead that the fact that Rabbi Yehuda HaNasi told his son that Rabbi Shimon does not accept the halakha of muktze except for the case of dried figs and raisins does not prove anything about his own opinion; he stated this only in accordance with the statement of Rabbi Shimon, but he himself does not hold accordingly.

RASHI

איבעית אימא הני מדבריות שאין נכנסות לישוב כלל כגרוגרות וצמוקין דמיין שמקצה אותן מאצלו בידים:

ואיבעית אימא אין מוקצה לר"ש קאמר ליה אבל לדידי יש מוקצה:

וְאִיבָּעֵית אֵימָא: לְדִבְרֵיהֶם דְּרַבָּנַן קָאָמַר לְהוּ: לְדִידִי – אֵין מוּקְצֶה, אֶלָּא לְדִידְכוּ – אוֹדוּ לִי מִיהַת הֵיכָא דְּיוֹצְאוֹת וְרוֹעוֹת בְּפֶסַח וְנִכְנָסוֹת בִּרְבִיעָה רִאשׁוֹנָה דְּבַיָּיתוֹת הֵן. וַאֲמַרוּ לֵיהּ רַבָּנַן: לָא, מִדְבָּרִיּוֹת הֵן. הדרן עלך משילין פירות וסליקא מסכת ביצה

And if you wish, say a different answer: He himself, like Rabbi Shimon, did not accept the concept of muktze , and when he spoke in the baraita he was speaking, for the sake of argument, in accordance with the words of the Rabbis who had spoken before him, saying to them, in effect: According to my opinion, there is no halakha of muktze at all, in accordance with the opinion of Rabbi Shimon, and all animals may be slaughtered on the Festival. But even according to your approach, that there is a halakha of muktze , agree with me, in any event, that with regard to a case where they go out and graze on Passover and enter again at the first rainfall, they are considered domestic animals and should be permitted. But the Rabbis said to him: No, even those are desert animals.

RASHI

ואב"א מתני' לדבריהם דרבנן דאית להו מוקצה קאמר להו:

SUMMARY

In this chapter it was concluded that all actions rabbinically prohibited due to maintaining Shabbat as a day of rest [shevut] are prohibited on Festivals as well. Included in this restriction are both acts that have no element of a mitzva to them and those that do; even certain actions that are full-fledged mitzvot are nevertheless prohibited on a day of rest, lest they lead one to perform an actual prohibited labor. The Sages’ concern in such situations is focused mainly on anything similar to commercial transactions, which are themselves prohibited, especially due to the prohibited labor of writing that usually accompanies them. A second concern is with regard to the prohibition of preparing and fashioning implements that are used for those actions. The laws of boundaries on Festivals are the same as those on Shabbat. However, additional discussion was necessary to cover cases that do not occur on Shabbat because the items in question are prohibited to use on Shabbat. Therefore, discussed here were not only produce and other items that are fit for immediate use, but also animals that are intended for slaughter, ingredients for cooked foods, and the like. The general principle is: Anything that was outside the boundary before the onset of the Festival, and a joining of borders [eiruv teḥumin] was not prepared for it, is not only prohibited to bring into the boundary, but is prohibited to use even if it was already brought inside. This chapter, the last of the tractate, ends with a halakha that relates somewhat to the laws of boundaries, regarding animals that are outside the settled area and those that are within the boundary of the community. However, this issue also touches upon the laws of muktze, and the tractate thereby concludes with the same issue with which it began.