Beitzah Chart #8

Chart for Beitzah Daf 24a


1 IN A CUPBOARD (MIGDAL) Trapped Trapped
2 IN A HOUSE (BAYIS) Trapped Trapped
(except for a Tzipor Dror,
or in a house with no roof) (3)
(BIVAR KATAN) (2) (6)
Trapped (Rabanan)
Not trapped (Rebbi Yehudah)
Trapped (Rabanan)
Not trapped (Rebbi Yehudah) (5)
Not trapped Not trapped (4)




(1) Where an animal is considered trapped has ramifications for both a Chumra and a Kula. On one hand, it is prohibited to bring an animal into a place where it is considered trapped because of the Melachah of Tzeidah (trapping). On the other hand, if the animal is already in such a place from before Shabbos, it is not considered Tzeidah to catch the animal with one's hands (because the animal is already considered trapped).

(2) A Bivar Katan is defined by the Gemara as an enclosed area (1) in which one is able to reach the animal in "one leap," (2) the walls of which create shade which reach the opposite walls, and (3) which does not have corners to which the animal can escape. According to RASHI (DH Havei), these definitions are equivalent to the definition given later in the Gemara, that a Bivar Katan is any enclosed area in which one does not have to say "bring a trap so that we can capture it." However, TOSFOS (DH Kol) says that this latter definition is referring to a smaller Bivar than the aforementioned Bivar. It refers to a Biver Katan in which birds are considered to be trapped. Thus, according to Tosfos, the "Biver Katan" of the Mishnah in which an animal (Chayah) is considered trapped differs from the "Bivar Katan" of the same Mishnah in which a bird is considered to be trapped.

(3) A bird is also considered trapped in a house with windows, as long as the windows are closed (SHITAH MEKUBETZES; MISHNAH BERURAH, based on RASHI, 24b, DH Chayav).(This is questionable, though, because the Gemara asks that a house is like a roofed Bivar. Why does the Gemara assume that a house is like a roofed Bivar -- perhaps the house has windows (ROSH YOSEF)? From there it seems that even if the windows are open, the bird is considered trapped, as long as the house is roofed. This requires further clarification.)

(4) This is clear from TOSFOS (DH Kol sh'Omer). (The RAN writes that "whenever the birds are in a roofed enclosure which has no place through which they can exit, they are considered trapped." It seems from the words of the Ran that even in a Bivar Gadol they are considered trapped. However, it stands to reason that the Ran is referring only to a Bivar Katan, and not to a Bivar Gadol -- when he writes "whenever the birds are in a roofed enclosure," his words are not to be taken literally. See also footnote #7.)

(5) Even though the Gemara does not mention explicitly that they argue regarding birds (that are not Tzipor Dror) in a roofed Bivar, it is logical to assume that they argue in this case as well, for there seems to be no reason to differentiate.

(6) This is what our Mishnah is discussing when it says that it is permitted to trap an animal (Chayah) and bird from the Bivarim -- it refers to a Bivar Katan which is roofed, and is following the opinion of the Rabanan who argue with Rebbi Yehudah.

(7) This is what the Beraisa is discussing when it says that it is prohibited to trap animals and birds from the Bivarim -- it refers (according to the Gemara's conclusion) to a Bivar Gadol (even if it is roofed). (This is according to RASHI (DH Hashta; see MAHARSHA). The SHITAH MEKUBETZES writes that the Beraisa is referring to a Tzipor Dror, in contrast to Rashi's explanation. The Shitah Mekubetzes is difficult to understand, though, because the Beraisa certainly does not seem to be referring only to a Tzipor Dror, as the Maharsha and Maharam point out.)