QUESTION: Neharda'i rule that an egg laid on the first day of Rosh Hashanah is permitted on the second day, because the two days of Rosh Hashanah are considered two separate Kedushos. Even though the two days of Rosh Hashanah would be one Kedushah in the event that the month of Elul is made into a full month ("Me'ubar," with 30 days), which would happen when witnesses do not come until after the 29th of Elul, this never occurred and Elul was never a full month. Therefore, according to Neharda'i two days of Rosh Hashanah are always observed in Chutz la'Aretz because of a doubt about which day was declared as the new month (and not because of a concern that Beis Din in Yerushalayim might have declared two days of Rosh Hashanah with one Kedushah, in the event that witnesses arrived late).

If Elul was never made into a full month (and thus there was never any doubt about when the first of Tishrei occurs), then why, in Chutz la'Aretz, were two days of Rosh Hashanah observed (such that nowadays two days are also observed in Chutz la'Aretz)? Only one day of Rosh Hashanah should have been observed in Chutz la'Aretz, because it was known that in Yerushalayim only one day of Rosh Hashanah would be declared (according to Neharda'i, who maintain that the two days of Rosh Hashanah have one Kedushah)!

ANSWER: The PNEI YEHOSHUA and CHASAM SOFER explain that, certainly, every year the people must be concerned that Elul might be a full month. The fact that in the past it was never declared a full month does not determine that this year it also will not be full.

With regard to whether the two days of Rosh Hashanah have one long Kedushah or two separate Kedushos, the fact that Elul might be declared a full month has no bearing. After Raban Yochanan ben Zakai re-enacted that witnesses be accepted after Minchah time, the concept of observing two days of Rosh Hashanah with one long Kedushah was annulled. The only reason to observe two days with one long Kedushah is because our fathers observed two days as such ("Minhag Avoseinu b'Yedeinu"). In truth, though, they never observed two days of Rosh Hashanah as one long Kedushah, because it never happened that witnesses came after Minchah time. The original enactment (that if witnesses come after Minchah time, then both days are Rosh Hashanah with one long Kedushah) never manifested itself. Since it never manifested itself in practice, it may be viewed, retroactively, as though the enactment to make two days of Rosh Hashanah with one long Kedushah was never really enacted. Therefore, the "Minhag Avoseinu" will not apply to require that two days be observed as one long Kedushah, because our fathers' practice in that regard was a mistake. However, we are required to observe two days of Rosh Hashanah with two separate Kedushos, because that practice was observed due to the doubt about when the new month was declared and was not part of the enactment which never manifested itself.

OPINIONS: The Gemara says that if the body of a Jew needs burial on the first day of Yom Tov (Yom Tov Rishon), we may ask gentiles to take care of the burial. On the second day of Yom Tov (Yom Tov Sheni), even a Jew is permitted to take care of the burial. Mar Zutra and Rav Ashi disagree whether these laws refer to a Mes (corpse) that has been lying around for some time (and there is concern for putrefaction), or even to a Mes that died on that day (and will putrefy if left until after Yom Tov).

The Gemara concludes that, nowadays, since the Jews are under the dominion of a foreign authority that forces them to work on the weekdays, a Jew may not take care of the Mes on Yom Tov, lest the foreign authorities think that Jews work on Yom Tov and force the Jews to work for them on Yom Tov. This logic, however, should prohibit only a Jew from taking care of the Mes on Yom Tov Sheni, but not a gentile from taking care of the Mes on Yom Tov Rishon. What is the Halachah with regard to the burial of a Mes on Yom Tov Rishon? (See following Insight for the Halachah with regard to the burial of a Mes on Yom Tov Sheni.)

There are a number of ways to understand the dispute between Mar Zutra and Rav Ashi with regard to whether one is permitted only to take care of a Mes that has been lying around for some time, or even to take care of a Mes that died on that day. The Gemara concludes that even if the Mes died on that day, a Jew is permitted to bury the Mes on Yom Tov Sheni. Does the Gemara also mean that it is permitted to ask gentiles to take care of the burial on Yom Tov Rishon when the Mes died on that day?

(a) The ROSH (1:5) writes that even if the Mes was not lying around, gentiles may be asked to bury the Mes on Yom Tov Rishon, because Mar Zutra and Rav Ashi argue about both Yom Tov Rishon and Yom Tov Sheni. The Halachah follows the opinion of Rav Ashi.

(b) RASHI in Shabbos (139b, DH v'Lo), however, writes that burial is permitted on Yom Tov Rishon only when the Mes was lying around for some time. Rashi alludes to this here as well when he writes (DH Amar Rava) that the Gemara refers to a case of a Mes which is "waiting to be buried on Yom Tov Rishon" (which implies that it did not die on Yom Tov Rishon, but earlier). Furthermore, Rashi explains that the Gemara's question about whether one is permitted to bury the Mes only if it has been lying around a while concerns only Yom Tov Sheni (Rashi DH Lo Amran). On Yom Tov Rishon, however, it is clear from the Gemara in Shabbos (139b) that in order to permit asking a gentile to bury the Mes, the Mes certainly must have been lying around for some time. This is also the opinion of the BEHAG cited by the Rosh here, and the SHE'ILTOS (#94).

OPINIONS: The Gemara says that if the body of a Jew needs burial on the first day of Yom Tov (Yom Tov Rishon), we may ask gentiles to take care of the burial. On the second day of Yom Tov (Yom Tov Sheni), even a Jew is permitted to take care of the burial. Mar Zutra and Rav Ashi disagree whether these laws refer to a Mes (corpse) that has been lying around for some time (and there is concern for putrefaction), or even to a Mes that died on that day (and will putrefy if left until after Yom Tov).

The Gemara concludes that, nowadays, since the Jews are under the dominion of a foreign authority that forces them to work on the weekdays, a Jew may not take care of the Mes on Yom Tov, lest the foreign authorities think that Jews do work on Yom Tov and force the Jews to work for them on Yom Tov. This logic should prohibit a Jew from taking care of the Mes on Yom Tov Sheni. What is the Halachah with regard to the burial of a Mes on Yom Tov Sheni?

(a) According to the Gemara's conclusion, a Jew may bury a Mes on Yom Tov Sheni, even if the Mes died on that day and there is no concern that the body will putrefy, because "the Rabanan made Yom Tov Sheni like a normal weekday when it comes to the burial a Mes." This is how the ROSH understands the Gemara.

(b) The OR ZARU'A (#330) and the MAHARAM MI'ROTENBURG (cited by the Mordechai, Shabbos #426) rule that one is permitted to bury a Mes on Yom Tov Sheni only when the Mes was lying around and may putrefy. (This ruling is based on the Gemara in Shabbos 139b.)

(c) RABEINU TAM (cited by Tosfos) apparently expresses a third opinion. When Rabeinu Tam heard that the Jews of the town of Melun (France) buried a Mes on the second day of Yom Tov, he sharply reprimanded them. What was incorrect about the conduct of the Jews of Melun, and why did Rabeinu Tam object so strongly to their conduct?

Two explanations are given for why the Jews of Melun acted incorrectly, and for each explanation there are several opinions for why Rabeinu Tam objected.

1. According to some, Rabeinu Tam objected to having Jews bury the Mes on the second day of Yom Tov, for the one of the following reasons:

a. TOSFOS in Shabbos (139b, DH Yom Tov Sheni) explains that in the Gemara here, Ravina concludes that even though it was initially permitted for Jews to bury a Mes on the second day of Yom Tov, nowadays it is prohibited because the foreign authority might see the Jews doing work for the Mes on Yom Tov and they will force the Jews to do work for them on Yom Tov. Even though this concern does not exist in most places today due to the alleviation of oppression by the nations, the Halachah remains the same.

b. TOSFOS here and other Rishonim write that Ravina's reasoning still applies today. Even though the Jews in most places do not suffer as much oppression as they did in the times of the Gemara, there is still a concern that the officials of the king or governing body will see Jews do Melachah for a Mes on Yom Tov and they will conscript the Jews to do Melachah for them on Yom Tov. This is the reason why Rabeinu Tam objected when the Jews of Melun buried a Mes on the second day of Yom Tov.

c. According to the SHE'ILTOS, Rabeinu Tam was upset that the Jews of Melun buried the Mes themselves and did not ask gentiles to do it. Since it was possible to have gentiles do the work for them, they should not have buried the Mes themselves.

d. Rabeinu Tam may have been of the opinion that today we are stringent not to permit Jews to bury a Mes on the second day of Yom Tov because we are not considered Bnei Torah (HAGAHOS MAIMONIYOS, Hilchos Yom Tov 1:70). However, we are permitted to ask gentiles to bury the Mes. (Even though the Gemara in Shabbos (139b) relates that Rebbi Menashya did not permit the people of Bashkar to do so, the people of Bashkar were even less of Bnei Torah than we.)

2. The RAMBAN (in Teshuvos ha'Ramban, cited in ORCHOS CHAIM, Hilchos Yom Tov 25) and TOSFOS RABEINU PERETZ here explain that Rabeinu Tam was not upset that Jews buried the Mes on the second day of Yom Tov. Rather, he objected because a large crowd of people were involved in the funeral, and he ruled that only the exact number of people necessary for burying the Mes may go out to the burial. The reasoning for this is as follows:

a. The involvement of a large crowd is not permitted because it would make the event public and well-known. If the event would become public, there would be a concern that people will become lax in their observance of Yom Tov Sheni (since people today are not considered Bnei Torah). (TOSFOS)

b. The RAMBAN (in Toras ha'Adam, end of Inyan ha'Hotza'ah) explains that the Rabanan permitted only the bare minimum of Melachah necessary to bury a Mes on Yom Tov Sheni. A large crowd may not go out with the Mes since the burial does not need a large crowd. (The Ramban points out that a precedent for this type of enactment exists with regard to desecrating the Shabbos in order to come to Beis Din to give testimony about the sighting of the new moon; see Rosh Hashanah 21b.)

QUESTION: Rav Huna makes a cryptic statement and says that "an egg is finished when it exits [the hen]." The Gemara suggests that he refers to the laws of an egg on Yom Tov and he means that an egg is permitted only when it exits the hen before Yom Tov, because at that moment it is completed. If it does not exit before Yom Tov (for example, when it is laid on Yom Tov, or when the hen is slaughtered on Yom Tov and the egg is extracted), it is prohibited.

The Gemara rejects this explanation. This could not be Rav Huna's intention because a Beraisa states explicitly that eggs found inside a hen slaughtered on Yom Tov are permitted.

RASHI (DH b'Yom Tov) explains the Gemara's initial assumption for Rav Huna's intent. He writes that the Gemara understands that Rav Huna means that the fact that the egg did not emerge before Yom Tov shows that it was not completed during the weekday, and therefore it is prohibited because of Hachanah (it was prepared on Yom Tov and not before Yom Tov).

Rashi apparently maintains that an egg laid on Yom Tov was completed on Yom Tov, and therefore it is prohibited. However, the Gemara earlier (2b) teaches that an egg is completed the day before it is laid! An egg laid on Yom Tov was completed the day before, on a weekday, and not on Yom Tov. Why, then, should the egg be prohibited because of Hachanah?

Moreover, even if the egg was completed on Yom Tov (the day on which it was laid), why should it be prohibited? The problem of Hachanah exists only when something is prepared on Shabbos for Yom Tov (or on Yom Tov for Shabbos). In contrast, when the Hachanah is done on Yom Tov itself for the sake of that day, there is no problem of Hachanah because "Yom Tov Mechin l'Atzmo" (it is permitted to prepare an item on Yom Tov to be used on that Yom Tov). In fact, the rule of "Yom Tov Mechin l'Atzmo" is the reason why the Gemara earlier (2b) concludes that an egg laid on Yom Tov is prohibited only when Yom Tov occurs after Shabbos, because the egg is finished the day before it is laid. This implies that if an egg is completed the day it is laid, an egg laid on Yom Tov would be permitted. (MAHARSHAL)

(a) The MAHARSHAL explains that Rashi does not mean that the reason why the egg will be prohibited if it is laid on Yom Tov is because it is completed on the day it is laid. Rather, Rashi means that an egg laid on Yom Tov is completed the day before, but the Rabanan made a Gezeirah and prohibited an egg laid on an ordinary Yom Tov due to an egg laid on a Yom Tov which immediately follows Shabbos (as the Gemara says on 2b). When Rashi says that it is "prohibited because of Hachanah d'Rabah," he refers to the Gezeirah on an ordinary Yom Tov because of Hachanah in a case of Yom Tov which follows Shabbos.

This explanation, however, is not consistent with the words of Rashi. Rashi writes clearly, "she'Lo Nigmerah b'Chol" -- the egg was not completed on a weekday. These words clearly imply that it was completed on Yom Tov itself.

(b) The PNEI YEHOSHUA explains that Rashi is consistent with his opinion elsewhere (2b), where he says that Hachanah d'Rabah is prohibited because it is a form of Muktzah, and not merely because the item was prepared on Shabbos for Yom Tov. Accordingly, Hachanah on Yom Tov for the same day is also prohibited because the item is Muktzah (see Insights to Beitzah 2:4).

This explains why Rashi says that the egg laid on Yom Tov is prohibited on Yom Tov because of Hachanah, even if the egg was completed on the same day it was laid. (With regard to the apparent contradiction between this view and the Gemara in Eruvin 38b, see CHIDUSHEI HA'ME'IRI to Beitzah 2b, and see Background to Eruvin 38:4:c.)

When Rashi writes that an egg laid on Yom Tov was presumably also completed on Yom Tov, he means that the Gemara thinks at this point that this is Rav Huna's position. Rav Huna -- who, according to the Gemara's assumption, prohibits even eggs found inside the hen on Yom Tov -- argues with the Gemara earlier (2b) and maintains that the egg is completed on the same day that it is laid and not the day before. (This is implicit in Rav Huna's words, "Im Yetzi'asah Nigmerah.")

The TZELACH suggests that when Rashi writes that an egg that does not exit the hen before Yom Tov is not considered to have been completed during the weekday, he does not refer to an egg laid on Yom Tov, because such an egg indeed was completed the day before. Rather, Rashi refers only to eggs found inside the hen when it is slaughtered. There is a concern that those eggs were completed on Yom Tov, and Hachanah on Yom Tov for Yom Tov is prohibited, as the Pnei Yehoshua states. (Eggs laid on Yom Tov are prohibited for another reason -- because of the Gezeirah of Yom Tov that follows Shabbos.)

QUESTION: The Gemara suggests that Rav Huna maintains that eggs found inside a slaughtered hen on Yom Tov are prohibited on that Yom Tov. Even though the Beraisa contradicts Rav Huna and states that such eggs are permitted, the Gemara says that the Beraisa might be mistaken, as there is no Mishnah that supports it.

The Gemara then says that the Mishnah (2a) seems to support the Beraisa. The argument between Beis Shamai and Beis Hillel in the Mishnah applies only when the egg was laid on Yom Tov; when it was extracted from a slaughtered chicken, everyone agrees that the egg is permitted. The Beraisa, therefore, is not mistaken, and it thus poses a contradiction to the opinion of Rav Huna. Rav Huna's statement cannot refer to a case of an egg laid on Yom Tov.

The Gemara suggests an answer for Rav Huna and says that perhaps the Mishnah means that Beis Shamai and Beis Hillel also argue about a case of an egg found inside the hen. The Mishnah mentions their argument only in a case of an egg that was laid in order to show the extent of Beis Shamai's leniency. The Gemara counters that this cannot be the intent of the Mishnah. If the Mishnah means that Beis Shamai and Beis Hillel argue both about a case of an egg found inside the hen and an egg laid on Yom Tov, then the Beraisa is not in accordance with any Tana. (The Beraisa, which says that eggs found inside a hen are permitted, cannot be expressing the view of Beis Hillel, because Beis Hillel prohibits such eggs. It also cannot be expressing the view of Beis Shamai, because Beis Shamai permits even eggs that are laid on Yom Tov, while the Beraisa implies that only eggs found inside a hen are permitted but not eggs that were laid.)

Why does the Gemara continue to challenge Rav Huna from the Beraisa if the Gemara already said that the Beraisa is in error? (TOSFOS DH v'Chi Teima)

(a) The SHITAH MEKUBETZES cites the RITVA who answers that a Beraisa is deemed to be in error only when there is no possible way to infer the Halachah that it teaches from a Mishnah. At this stage, the Gemara has shown that the Mishnah can be understood to imply the Halachah of the Beraisa. Although the Mishnah can also be understood not like the Beraisa, it does not necessarily contradict the Beraisa and therefore the Beraisa cannot be deemed to be in error.

(b) TOSFOS disagrees with Rashi's explanation because of this question. He explains that the Gemara never suggests (in defense of Rav Huna) that the Beraisa is incorrect. Rather, the Gemara suggests that the Beraisa does not contradict Rav Huna because the Beraisa expresses the opinion of Beis Shamai while Rav Huna expresses the opinion of Beis Hillel. The Beraisa also adds a detail which the Mishnah omits -- that Beis Shamai permits eggs even when they are found inside the hen on Yom Tov. At this stage, the Gemara assumes that there is reason to say that eggs found inside the hen should be treated more stringently than eggs that were laid, and thus it is necessary for the Beraisa to teach that even eggs found inside the hen are permitted according to Beis Shamai.

The Gemara rejects this suggestion and says that there is more reason to permit eggs found inside the hen than eggs that were laid. Hence, there is no reason for the Beraisa to teach that eggs inside the hen are permitted according to Beis Shamai: once the Mishnah teaches that Beis Shamai permits eggs that were laid on Yom Tov, we know that they certainly permit eggs that are found inside the hen on Yom Tov. It must be that the Beraisa is teaching the opinion of Beis Hillel with regard to eggs found inside the hen, and it is saying that Beis Hillel permits such eggs even though Beis Hillel prohibits eggs that were laid on Yom Tov. Accordingly, the Beraisa stands as a contradiction to Rav Huna.