[a - 34 lines; 37b - 37 lines]
1)[line 3]גדולGADOL- an older brother
2)[line 3]כלהוKULHU- all of [those examples of Reshus given in the Mishnah]
3)[line 4]שמא יכתובSHEMA YICHTOV- lest he write [the court decision, a Shtar (document of) Erusin, a court paper documenting the Chalitzah, or a Kesuvah (marriage document) to a Yevamah following Yibum]
4)[line 6]משום מקח וממכרMI'SHUM MEKACH U'MEMKAR- due to [that which they appear similar to] business transactions [as they involve the transfer of objects or money to the possession of Hekdesh]
5)[line 10]עיסהISA- dough
6)[line 10]חלהCHALAH
(a)When one makes a dough from one of the five species of grain (wheat, barley, oats, rye or spelt), he must separate a small portion which must be given to the Kohen before he may eat from the dough (Bamidbar 15:18-20). This portion is called Chalah. (The requirement to separate Chalah with a Berachah applies to a volume of dough made with at least 43.2 Beitzim of flour [about 10 1/2 cups or 2.48 liters]. One who makes a dough that is at least approximately half of that size must separate Chalah without a Berachah.) A professional baker must separate 1/48 of his dough as Chalah, while one baking bread for his or her own household must separate 1/24. If one did not separate Chalah from his dough before it was baked, it must be separated after it is baked before the bread may be consumed. Before Chalah is separated, the dough is called "Tavul l'Chalah," and anyone who eats it b'Mezid (intentionally) is liable to receive the punishments of Malkus and Misah b'Yedei Shamayim (Makos 13a).
(b)Chalah may be eaten by Kohanim and their households while they are Tehorim. If the Chalah becomes Tamei, it may be fed to the animal of a Kohen or burned by a Kohen for warmth or to cook his food. He may not do so, however, on Shabbos or Yom Tov.
(c)A non-Kohen who eats Chalah b'Mezid is liable to receive Malkus and Misah b'Yedei Shamayim (RAMBAM Hilchos Bikurim 5:14 and Hilchos Terumah 6:6).
7)[line 17]משיליןMESHILIN (PEIROS)- one may lower produce
8)[line 18]ארובהARUBAH- a skylight
9)[line 19]אותו ואת בנוOSO V'ES BENO
(a)One may not slaughter a cow, female sheep, or female goat along with her offspring on the same day (Vayikra 22:28).
10)[line 19]שנפלו לבורSHE'NAFLU L'BOR- that fell into a pit [on Yom Tov]
11)[line 20]פרנסהPARNASAH- sustenance
12)[line 21]מעריםMA'ARIM- act deceptively [by "changing his mind" about the first animal]
13)[line 26]מוציאיןMOTZI'IN (HOTZA'AH)
(a)Hotza'ah is the last of the thirty-nine Avos Melachos of Shabbos. It involves either:
1.the transferal of objects from a Reshus ha'Yachid (private domain) to a Reshus ha'Rabim (public domain);
2.Hachnasah, which refers to the transferal of objects from a Reshus ha'Rabim to a Reshus ha'Yachid;
3.Ma'avir Arba Amos bi'Reshus ha'Rabim, which refers to carrying an object from one place in a Reshus ha'Rabim to another over a distance of at least four Amos;
4.Moshit, which involves passing an object from one Reshus ha'Yachid to another through a Reshus ha'Rabim (as described in the Mishnah on Shabbos 96a).
All of these are biblical prohibitions.
(b)The Chachamim enacted that one may not perform Hotza'ah from one Reshus ha'Yachid to another.
(c)Additionally, The Chachamim created a new designation for an area termed a Karmelis. A Karmelis bears similarities to both a Reshus ha'Rabim and a Reshus ha'Yachid, although it is not quite either of them. The Rabanan decreed that a Karmelis has the status of both a Reshus ha'Rabim and a Reshus ha'Yachid, whichever is more stringent given the situation. This is because one may confuse it with either of the two Reshuyos. Some examples of a Karmelis are a sea, a desert, and an area in Reshus ha'Rabim that is at least four by four Tefachim wide but not higher than ten Tefachim, such as a raised platform, pole, or fenced in area.
(d)The prohibition of Hotza'ah requires one to ensure that not only he, but his animals as well, do not carry objects into another Reshus on Shabbos. Rebbi Elazar ben Azaryah allowed his cow to walk into e Reshus ha'Rabim from a Reshus ha'Yachid with a ribbon tied between its horns on Shabbos. This is because he maintained that it was no more than an ornament. The Chachamim ruled that it was a transgression of Hotza'ah.
14)[line 28]טלטולTILTUL- moving [a Muktzah object]
15)[line 28]אטו טלטול לאו צורך הוצאה הוא?ATU TILTUL LAV TZORECH HOTZA'AH HU?- is [the reason why the Chachamim prohibited] moving [Muktzah objects] not so as to prevent [them] from being carried [from one Reshus to another]?
16)[line 29]כרגלי הבעליםK'RAGLEI HA'BE'ALIM (ERUVEI TECHUMIN)
(a)One may walk for up to two thousand Amos (approximately 960 meters [3147 feet] or 1,152 meters [3774 feet], depending upon the differing Halachic opinions) from the outskirts of his city or dwelling place (if he is not in a city) on Shabbos or Yom Tov. If he wishes to walk any farther, then he must make an Eruv Techumin.
(b)This is accomplished by placing enough food for two meals at a location up to two thousand Amos away from his current dwelling place, in the direction in which he wishes to walk. The place where his food is placed is then considered his "Makom Shevisah" (residence) for that Shabbos or Yom Tov, and he may walk two thousand Amos in any direction from that point.
(c)Our Mishnah teaches that not only people themselves, but their belongings as well are subject to the limits of their owner's Techum. If Reuven extended his Techum to the east of his city, thereby retracting it to the west, then Shimon may not transport any item belonging to Reuven beyond the point to the west to which Reuven may walk. The reason that these Mishnayos are recorded here in Maseches Beitzah and not in Maseches Eruvin is that they apply to those things that may only be transported on Yom Tov (as opposed to Shabbos), such as animals and fire (see Daf 39a).
17)[line 32]כמקום שהולכיןK'MAKOM SHE'HOLCHIN- [are limited] to the [common] area within which all of them may traverse
18)[line 33]תבליןTAVLIN- spices
19)[last line]שאין בהן ממשSHE'EIN BA'HEN MAMASH- it is insignificant [in both taste and texture]
37b----------------------------------------37b
20)[line 7]כאן ברועה אחדKAN B'RO'EH ECHAD- here [Rebbi Dosa was discussing a case in which] there was [only] one shepherd [in the city, in which case it was evident from Erev Yom Tov that everyone in the city planned on entrusting their animals to him]
21)[line 2]לבנו או לרועהLI'VNO O L'RO'EH- to his son or to a shepherd [which implies that he had options regarding to whom he could entrust his animals]
22)[line 10]הלכה כסתם משנהHALACHAH K'STAM MISHNAH
(a)Certain Amora'im maintain that whenever a Mishnah records an anonymous opinion, the Halachah follows that opinion. The reason for this is that Rebbi, who systematically organized the Mishnayos, agreed with this opinion. He therefore presented it anonymously so that it appears as the consensus opinion. Since Rebbi, the last of the Tana'im, favored that opinion, we accept it as the Halachah.
23)[line 13]חלוקCHALUK- a cloak
24)[line 15]ערביתARVIS- [Shabbos or Yom Tov] night
25)[line 20]מצעו את התחוםMITZ'U ES HA'TECHUM- they caused [the cloak] to be exactly in the middle of [where their respective] Techumin [overlap, as one extended his Techum the full two thousand Amos in one direction through an Eruv while the other did the same in the opposite direction]
26)[line 20]מקומהMEKOMAH- its place [which is included in the overlap of the two borrowers, and which may well include the entire city]
27)[line 21]מותרתMUTERES- may be [divided amongst the partners on Yom Tov, and each half may be moved to the outer limits of its respective owner's Techum]. This ruling presumably requires Bereirah (see next entry), since one may not carry an object beyond the general Techum, even though he has made an Eruv, unless he owned that object going into Yom Tov.
28)[line 22]יש ברירה ... אין ברירהYESH BEREIRAH ... EIN BEREIRAH
(a)In numerous places in Shas we find arguments among both Tana'im and Amora'im as to whether "Yesh Bereirah" (i.e. Bereirah works) or "Ein Bereirah" (i.e. Bereirah doesn't work). Bereirah refers to making the effect of one's action contingent retroactively upon future events. An examples of this is buying or selling an object on the condition that rain will fall on the following day, or that the object of the sale will remain undefined until the following day. "Ein Bereirah" means that such a stipulation does not take effect; an action cannot be contingent on a future event. The Ran (Nedarim 45b) explains this opinion with the following logic: "It is not logical for something to take effect when what upon it will take effect (or even whether it will take effect) is still in question." (See Insights to Chulin 15:2.) "Yesh Bereirah" means that such a stipulation does take effect.
(b)When the action is contingent on a past event, there is no question that the desired result does take effect, even if those involved in the action are not aware as to the outcome of that event. An example of this is the following case: one sets two Eruvei Techumin (see Background to Yoma 56:7) before sundown on Erev Shabbos on opposite sides of his city, and declares, "If my Rebbi is presently staying in the village to the East, then I would like the Eruv that I placed to the east of the city to determine my base for Shabbos, and if not, then I would like the Eruv that I placed to the west of the city to determine my base for Shabbos." The man making the Eruv may not know where his Rebbi is, but when he finds out, then he will know which of his Eruvin will have taken effect ("Kvar Ba Chacham" - see Chulin 14b).
(c)There are dozens of instances in the Gemara in which a person may perform an action "on the condition that..." (b'Tenai). For example, a man may buy/sell an object or divorce his wife on the condition that the other party pays/does whatever the first party specifies. If the condition is not fulfilled in the future, then the sale/divorce is retroactively annulled. This situation is not one of Bereirah; see Insights to Eruvin 36b.
(d)Halachically, most Poskim conclude (based on Beitzah 38a) that regarding questions of a biblical nature (mid'Oraisa), one must stringently assume that Bereirah does not take effect, whereas regarding Rabbinical questions (mid'Rabanan), one may rely on Bereirah.
29)[line 24]ינקי תחומין מהדדיYANKEI TECHUMIN ME'HADADI- the various parts of the animal draw sustenance from one another [and it is therefore impossible to say that retroactively each partner owned only his half of the animal and had nothing to do with the rest at the beginning of Yom Tov, since at that time the two halves were interdependent upon one another]
30)[line 25]לאיסור מוקצה לא חששוL'ISUR MUKTZAH LO CHASHESHU- you are not concerned [with the logic of Yankei Techumin me'Hadadi when it comes to the fact that a) each partner has no plan of partaking from the half belonging to the other, which should result in that half acquiring] the prohibition of Muktzah [for that partner] (RASHI); b) [the animal has grown somewhat over the course of Yom Tov, and that additional bit should have acquired] the prohibition of Muktzah [since it is Nolad (see Background to 33:41) (REBEINU SHMUEL cited by TOSFOS DH l'Isur)]
31)[line 26]מאי הוי עלה?MAI HAVEI ALAH?- what is the final ruling [regarding whether or not Bereirah works]?
32)[line 27]המת בביתHA'MES BA'BAYIS (TUM'AS PESACHIM)
(a)If a corpse (Mes) or part of a corpse is in a house, then the corpse causes all people and vessels in the house to become Tamei; this is known as Tum'as Ohel. Additionally, it is Metamei those vessels lying underneath the lintel of the doorway, even if they are on the other side of the closed door (assuming that the lintel is at least one Tefach wide). Since the Mes will eventually be removed from the house through that doorway, it is considered as if the Mes is already in the doorway. The source of this Halachah is either mid'Rabanan (RASHI), or a Halachah l'Moshe mi'Sinai (RASHI to Beitzah 37b).
(b)If the house has a number of doorways and windows, all of which are larger than four square Tefachim, then the vessels underneath all of their lintels are Tamei, since we do not know through which one the Mes will be removed. If the part of the Mes in the house is the size of a k'Zayis or less, then this applies even to openings that are as small as one square Tefach. This is true only if all of these openings are closed, or if all of them are open. If only one of them is open, then it is assumed that the Mes will be removed through that one, and only the vessels underneath its lintel are Tamei.
(c)If the owner of the house decides to remove the Mes through a particular doorway or window, then Beis Hillel rules that all vessels in all of the other doorways are Tahor. Beis Shamai maintains that once the Mes is dead, an action is required to designate one opening as the one through which the Mes will be removed.
33)[line 27]פתחים הרבהPESACHIM HARBEH- many doors [all of which are either open or closed]
34)[line 28]כולן טמאיםKULAN TEME'IM- all of [the vessels under their lintels] are Tamei
35)[line 29]מצלת על הפתחים כולןMATZELES AL HA'PESACHIM KULAN- this saves [the vessels in] all of the other doorways [from becoming Tamei]. Our Gemara assumes that this applies to the vessels that had been in all of the other doorways from the time that the Mes died, retroactively. Beis Shamai disagree because they maintain that Bereirah is ineffective.
36)[line 31]לטהר את הפתחים מכאן ולהבאL'TAHER ES HA'PESACHIM MI'KAN UL'HABA- [Beis Hillel ruled] to consider the [vessels in all of the] other doorways Tahor from this point onward. Beis Shamai disagree since they maintain that once the Mes is dead, an action is required to designate one opening as the one through which the Mes will be removed.
37)[line 34]שחלקוSHE'CHALKU- that divided [their late father's estate]
38)[line 34]מחזירין זה לזה ביובלU'MACHZIRIN ZEH LA'ZEH BA'YOVEL (YOVEL)
(a)The Yovel year follows every seven Shemitah cycles (see Background to 34:31) is. Tana'im disagree as to whether this fiftieth year stands alone and the new Shemitah cycle begins the following year, or if the year of Yovel is also the first year of the next seven-year Shemitah cycle as well.
(b)All Halachos that apply to Shemitah produce apply during Yovel as well. Additionally, when Yovel begins, all Eved Ivrim (Jewish slaves; see Background to Yevamos 104:9) are set free, and all properties sold in Eretz Yisrael since the previous Yovel return to the families to whom they belong as a permanent inheritance. At the close of Yom ha'Kipurim of a Yovel year, the Beis Din blows a Shofar as a signal that all slaves are to be set free (Vayikra 25:8-24).
(c)Rebbi Yochanan maintains that since each brother has an equal share in his late father's entire estate, the portion that each individual receives does not make him the true owner of that land regarding the Halachos of Yovel. Rather, it is if the various inheritors have agreed to trade portions of land of equal value to each other so as to buy out each other's shares in the inheritance. Therefore, all descendants of the original families that entered Eretz Yisrael must re-divide their inheritance every Yovel, since these lands return to their original families. Clearly, this opinion does not hold of the logic of Bereirah, which would allow us to view the inheritance as having retroactively belonged to each inheritor from the time that it fell to him.
39)[line 36]איוAYO- the name of an Amora
40)[line 36]מתנהMASNEH- stipulate
41)[line 36]אם בא חכם למזרח, עירובו למזרח ...IM BA CHACHAM L'MIZRACH, ERUVO L'MIZRACH ...- At this point, the Gemara understands the statement of Rebbi Yehudah as follows: If one knows that two Rabbanim will be staying in close proximity to his city on Shabbos, one to the east and one to the west, he must decide which one he would like to hear and place an Eruv in that direction before Shabbos begins. He may not place two Eruvin in order to decide on Shabbos which one should retroactively take effect. If, however, he is unsure as to which direction a Rav will arrive from just after Shabbos begins, then he may place two Eruvin - one to the east and one to the west. He may then stipulate that the one to the east is valid should the Rav be in that direction, and the one to the west is valid should the Rav be in that direction. Once he determines where the Rav is, he will know which Eruv is valid.