POINT BY POINT OUTLINE
Prepared by Rabbi Ephraim Becker of Kollel Iyun Hadaf, Yerushalayim daf@dafyomi.co.il http://www.dafyomi.co.il
1) "MISHNAH": "TECHUMIN" OF FOODS
(a) If one's food is outside of his Techum, those who made an
Eruv to come to his Techum may not transport his food on
his behalf.
(b) If he had made an Eruv to go to his food, they may bring
his food to him.
(c) One may not send back food with guests whose arrival was
made possible by their having made an Eruv, unless the
host made them the owner of the food before Yom Tov.
2) "TECHUMIM" IN CASES OF "SHEMIRAH"
(a) (Rav): The food being watched has the Techum of the
Shomer.
(b) (Shmuel): It has the Techum of its owner.
(c) Question: Are Rav and Shmuel here being consistent with
their positions regarding the case of one who brings his
animal into the Chatzer of another, with his permission!?
1. R. Huna cites Rav as ruling like the Chachamim, who
obligate the owner of the Chatzer in damages done by
the animal (and likewise the Techum follows the
Shomer).
2. Shmuel rules like Rebbi who exempts the owner of the
Chatzer until he explicitly indicates that he is
accepting liability (and likewise the Techum remains
that of the owner).
(d) Answer: Each could maintain his position regarding the
Shomer according to both positions in Bava Kama.
1. (Rav): Even Rebbi will agree that the fruit follows
the Techum of the trustee since he explicitly
accepted liability.
2. (Shmuel): Even Rabanan will hold that the fruit
follows the Techum of the depositor since it depends
on whether the owner desires that the liability (and
the consequent Techum) should pass to the Shomer.
(e) Question (on Rav): Then why, in our Mishnah, should the
Eruv made by the owner of the fruit affect its Techum
when it is in the home of the Shomer!?
(f) Answer (R. Huna): The corner of the house where the food
was stored had been designated as the property of its
owner (and the food thus remains bound by its owner's
Techum).
(g) Question (on Rav): Why should it help to give the food to
the guests (via a third party) before Yom Tov since it
remains in his trusteeship when Yom Tov begins!?
(h) Answer: Here, too, it is as if he designated the place
where the food is stored as the property of the guests.
(i) Alternate Answer: The procedure of transferring it to
their ownership (entirely so that they may take it home)
changes the picture.
3) A SEEMINGLY RELATED INCIDENT
(a) R. Huna only permitted R. Chana to take the meat home if
he himself had hung it on the door.
(b) Question: But R. Huna, a student of Rav, surely held that
in any case it would be restricted to the Techum of the
Shomer (his hosts)!?
(c) Answer: The hosts merely gave him a place to hang his
meat, like those who had designated the place above.
(d) Question: But why, if they hung it, should he not be able
to take it!?
1. (R. Hillel of R. Ashi) What about the implication of
the Halachah of Shmuel that the Techum follows the
one for whom the food is to be designated.
2. (Ravina of R. Ashi) We were taught that the Halachah
follows R. Dosa (where we allow for assumptions
about whose Techum should prevail).
3. (R. Ashi of R. Kehana) The Mishnah taught that
animals and utensils follow the owner.
(e) Answer: Rather, the issue was unrelated to Techum, but to
the rule of Basar sheNis'alem (and had R. Chana not hung
the meat himself he would not have a Siman that it was
his).
4) "MISHNAH": GIVING WATER TO AND SLAUGHTERING ANIMALS
(a) One may not water and slaughter Midbariyos, only Baysos.
(b) Baysos overnight in the town while Midbariyos remain in
the pasture overnight.
5) THE REFERENCE TO WATERING
(a) Question: Why is the watering mentioned here?
(b) Answer: For the incidental teaching that such pre-
Shechitah drinking eases the flaying.
6) REBBI'S VIEW ON MIDBARIYOS AND BAYSOS
(a) (Tana of the Beraisa): Midbariyos are those which leave
after Pesach and return only with the first rains while
Baysos return each night to the Techum of the city.
(b) (Rebbi): The above are both Baysos since Midbariyos are
those which never return from their grazing grounds.
(c) Question (R. Shimon b. Rebbi of his father): This seems
to be a Muktzah issue, Rebbi does not hold of Muktzah!?
1. This is evidenced by Rebbi's answer employing the
opinion of R. Shimon who does not hold of Muktzah.
2. The question pertained to dates which must be placed
in palm baskets to ripen.
3. Rebbi had replied that, in Rebbi Shimon's opinion,
they are not Muktzah, because only figs and grapes
that one placed on the roof to dry to become dried
figs and raisins are Muktzah (while these dates were
never fit to eat and cannot be considered pushed out
of one's mind).
40b----------------------------------------40b
(d) There are three possible answers to this question:
1. Midbariyos are like the figs and grapes and should
be considered pushed away given that they are unfit
(since he has sent them away).
2. Rebbi said to his son only the opinion of R. Shimon,
not his own ruling.
3. He holds like R. Shimon but in the Beraisa he was
speaking to the Rabanan who disagreed with him and
he was asking them to concede that those animals
that come in from their grazing grounds when the
first rains arrive, would not be Muktzah (even
according to R. Yehudah).
On to Rosh Hashanah
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