REVACH L'DAF

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BEITZAH 8
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SUMMARY

1. One who digs a hole on Shabbos and wants only the dirt (but not the hole) is not liable for the Melachah of digging on Shabbos.
 
2. On Yom Tov, one may use earth from a pile of loose earth that he gathered in order to put on the floor of his garden or ruin.
 
3. Even a small box of earth may be used for this purpose.
 
4. The Gemara explains in which case a Mitzvas Aseh overrides a Lo Ta'aseh.
 
5. One who slaughtered a bird on Erev Yom Tov should not cover its blood on Yom Tov.

A BIT MORE

1. In order to be liable for Shabbos desecration, one must have intention to fulfill the normal objective of the Melachah. In the case of digging, the normal objective is to create a hole. Hence, if he digs with intention to make a hole, he is liable, but if he digs with intention to get the dirt, he is not liable.
 
2. This is because any pile of loose earth that a person set aside for a specific need may be used for any of the person's needs that require loose earth, and not just for the main purpose for which it was gathered. It is therefore not Muktzah on Yom Tov.
 
3. However, if a person already spread the earth on his dirt floor, he may not take the dirt and use it for Kisuy ha'Dam.
 
4. This applies when the Mitzvas Aseh is done at the same time as the Lo Ta'aseh, such as Milah on a foreskin with Tzara'as (a Lo Ta'aseh generally prohibits cutting off Tzara'as from the body).
 
5. He should have covered it before Yom Tov.

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