1) If an egg was laid on Yom Tov; Beis Shammai allows to eat it, and Beis Hillel holds that you can't eat it that day. R' Nachman says that they argue about the concept of Muktza. Beis Shammai not only doesn't hold of Muktza, like R' Shimon, but he doesn't even hold of Nolad. [Tosfos points out: even a very strong Nolad like here where the egg wasn't in existence before, and not only Nolad like a utensil that broke on Yom Tov that only changed status, but was in existence from before Yom Tov. Although we see that Beis Shammai forbids doves unless he prepares them by shaking the ones you want; that's because living beings are a stronger Muktza. As we see that R' Shimon agrees with stronger Muktzos, as he forbids unfinished raisins and dried figs.] Beis Hillel forbids since they hold of Muktza, and, of course, they hold of Nolad. However, this only refers to chickens that were designated to lay eggs, but those that were designated for Shechita and to eat; the eggs that come from it is considered as a food that separated from another food. [Tosfos explains: after all, if he wanted to, he could have Shechted the mother and ate the egg and anything else inside.]
2) Although R' Nachman in Mesechta Shabbos establishes Beis Shamai like R' Yehuda and Beis Hillel like R' Shimon. That Beis Shammai says that bones and peels that fall on a tablet [Rashi; that's completely inedible. Tosfos: that's edible to animals, like the ones that the Mishna lists] can only be shaken off, but can't be removed directly [Tosfos: since it was part of human food coming into Shabbos, therefore, it can't be non-Muktza now by being fodder. The reason you can shake the tablet and it's not Bosis, a base, to this Muktza; like R' Tam says that it's not Bosis if you don't intend it to remain the whole Shabbos. Alternatively, you had food on the tablet, so it's Bosis for both Muktza and non-Muktza. Alternatively, you didn't intend it to fall on the tablet, since you didn't care where it fell.] Beis Hillel permits to move it with your hands since they don't hold of Muktza. We must say the reason he establishes it this way in Shabbos because, in Mesechta Shabbos, there's an unnamed Mishna like R' Shimon. However, in Mesechta Beitza, he establishes Beis Hillel like R' Yehuda since we have an unnamed Mishna like R' Yehuda.
However Rebbi who composed both unnamed Mishnayos; the reason why he was lenient like R' Shimon in Shabbos, and strict like R' Yehuda by Yom Tov; since Shabbos is naturally very strict, we don't need to worry that they won't take it seriously if we're lenient regarding Muktza, but by Yom Tov that's naturally more lenient to begin with; if they weren't strict by Muktza, the people would not take the prohibition that seriously.
3) The Gemara asks on R' Nachman; if so, the Mishna should simply argue with the chicken and egg, and not only in the egg, to show how Beis Hillel is strict by Muktza even when it's not Nolad.
4) Rabbah says the reason Beis Hillel forbids the egg: because of the problem of 'preparation.' After all, an egg laid today was finished in the chicken from the day before. Therefore, if it was laid on Shabbos after Yom Tov, or Yom Tov after Shabbos, it comes out that the egg was prepared the day before on a holy day, and the Torah only allows preparing on a weekday for Shabbos or Yom Tov, and not on another holy day for them. [Rashi says: however, we allow an egg laid on Sunday or Moitzei Yom Tov, even though it was finished the day before on Shabbos and Yom Tov, and if they can't prepare for a holy day, they definitely can't prepare for a weekday; but this prohibition doesn't apply to a weekday where its meals are not important to require preparation. Tosfos explains: the reason why we allow cooking from Yom Tov to Shabbos via an Erev Tavshilin and we don't say that it's preparing from Yom Tov to Shabbos; Rabbah is consistent to his opinion who holds of 'Hoyil,' perhaps. I.e., you're exempt if you cook during Yom Tov for the weekday since it could have been cooked for Yom Tov if guests show up on Yom Tov who need to eat, and you'll feed them the cooked food. Even according to us who Paskin not like that (i.e., that there is no Hoyil and you're Chayiv); we can say that the only problem of preparing is like by an egg, where it was originally nonexistent, but not when you're taking existing food and fixing them by cooking them.]
5) Although they forbid the egg that was laid on Shabbos that's not next to a Yom Tov, or a Yom Tov that's not next to a Shabbos; they enacted to forbid it then for, perhaps, you'll come to permit it when Yom Tov and Shabbos are next to each other.
6) If you found an egg in a Shechted chicken, it's permitted, and they didn't decree it's forbidden since you'll come to permit it when it's laid, [Rashi and Tosfos: and it's not a double enactment, we forbid if it's in the chicken on a regular Yom Tov, for perhaps, it would be laid on a regular Yom Tov which they decreed to forbid it since you might permit it if it was after Shabbos, since we can refer to finding it in the chicken on Yom Tov that's after Shabbos]; since finding an egg in the Shechted chicken is not common, and they didn't decree on uncommon occurrences. [Tosfos says; although we should forbid it by itself, since it might have been formed yesterday and prepared on Shabbos for Yom Tov; we don't since it wasn't laid, it wasn't considered amply finished. However, the Yerushalmi argues and forbids it.]
7) R' Yosef says the reason to forbid the laid egg: since it's included in the enactment to forbid fruits that fell off a tree (as the egg is also produce that fell out of where it grows). Fruit that fell off a tree on Shabbos is forbidden for, perhaps, you might come to climb the tree and detach fruit. [Tosfos says: we need a reason why we need these reasons, and we just don't say it's forbidden, as Rashi says later in the Mesechta, since it's Muktza. He holds that it's even Muktza according to R' Shimon since, the very fact that he didn't detach it on Friday when he had a chance, it's as if he pushed it away from use with his hands and is Muktza like unfinished raisins. Tosfos answers: we refer to a case where the fruit was prepared to be the food for his pet ravens. Anything that's prepared for ravens are considered prepared for humans, and is not Muktza when it becomes fit for the humans to partake in it. Also, since it's common to fall off, it's less Muktza since people are waiting for it to fall so that they can eat it. (Therefore, it's different than grass that we say is Muktza when a non-Jew detaches it even though it's fit for animals to graze on, but nobody is waiting for it to fall off, and you need a combination of these reasons to permit.) Alternatively, the grass is usually permitted since it's prepared for your cows to eat, unless it came from the other side of the river where your cows don't have any access to it.
We also need the reason to forbid because of Muktza, and it's not enough to say that all detached fruit is forbidden because we're afraid you'll come to detach it; because that wouldn't apply to radishes and turnips where you need a shovel and pick to remove them, and by the time you're ready to pull it out, you'll remember that it's Shabbos. They only made this enactment on fruit that's easily picked. Alternatively, they enacted on fruit, which is very desired, and someone will be compelled to pick it off; but not by radishes or turnips. Therefore, if a non-Jew lit a candle for himself, a Jew can have pleasure from it since it's not easy to light a fire and someone is not very compelled to have a candle like he's compelled to have sweet fruit.]
8) [R' Elazar from Mitz wanted to permit a salted fish that a non-Jew roasted for himself since it takes a lot of effort to roast, so, we're not afraid that he'll come to roast it himself. However, Tosfos disagrees since the non-Jew might come to add more to roast because of the Jew. Even if the non-Jew is finished roasting, it's forbidden since the Tosefta is worried that he will add more for the Jew when he roasts next Shabbos.]
9) [Tosfos says; the reason it's not permitted to pluck a fruit from the tree on Yom Tov, or to catch fish, although we generally allow Melachos that are for food even if it's able to be done on Erev Yom Tov (since R' Yehuda only said that being able to do it from before Yom Tov is only a factor by fixing utensils that prepare food, and not by preparing the actual food); the Yerushalmi has a Drasha from a Hekish to guarding the Matza. Just as you only need to guard the Matza from kneading and on, Melacha for food is only permitted from kneading and on. Also, another Drasha, the Pasuk says 'but,' which excludes harvesting. However, you can't say it's forbidden to fish since you might come to catch Tamai fish and you'll end up doing a Melacha that can't be eaten on Yom Tov, since then it would be a Melacha Shein Tzrich L'gufo, which is only forbidden rabbinically.]
10) R' Yitzchok held it to be forbidden because it's included in the rabbinical prohibition to forbid juice that flowed from fruit on Shabbos, and that's forbidden since you might come to squeeze fruit.
11) R' Yochanan held like the last answer, so he asked that R' Yehuda contradicts himself. After all, he holds that you can drink juice that flowed from fruit that was designated to be eaten and not squeezed, and yet he forbids an egg laid on the first day of Yom Tov, (and he only argues with the Rabanan that it's permitted on the second day of Yom Tov since it's a second Kedusha.) However, an egg from a chicken should be no worse than juice from fruit that's designated to be eaten. R' Yochanan answers: we must change their opinions [Tosfos: and R' Yehuda holds that the juice is forbidden even if the fruit was designated for eating.] Raveina answers; R' Yehuda personally held that the egg is not forbidden even on the first day. He's just claiming to the Rabanan who say that it is forbidden, that they should at least permit on the second day of Yom Tov since they're two Kedushos. (However, the Rabanan forbid even then, since they hold it's one Kedusha.) Raveina b. Ullah answers; R' Yehuda here is consistent to his view that there is Muktza and Nolad, and we refer to a chicken that's designated to lay eggs, so the eggs are Muktza.
12) An egg from a Safeik Treifa is forbidden since it's a Safeik Torah. If it's mixed with other eggs, it has the status of being something that is sometimes counted (since it's sometimes sold by the count, and sometimes by the basketful). Therefore, according to Reish Lakish who holds that R' Meir holds that anything that's sometimes counted is never Batul, it's not Batul. However, according to R' Yochanan who says R' Meir needs it to be exclusively counted, therefore, eggs are Batal. However, even according to R' Yochanan, we find one opinion, R' Yehuda quoting R' Yehoshua, that holds that anything that's sometimes counted is not Batul even by a rabbinical prohibition.
13) However, the Rabanan say that all foods are Batul besides the Perech nut, the Badon pomegranate, sealed barrels, the Calfei of beets, the stalk of the cabbage, and the Greek gourd. R' Akiva adds: even laymen's loaves of bread.
14) All those items that are not Batul, they forbid when they fall into others, even if one from the first mixture fall into another mixture. [Tosfos says: R' Tam doesn't have the text if it falls into a second mixture, since that would be permitted since it's a Sfeik Sfeika. However, Ri b. Baruch says that you can have the text, and it means that the whole first mixture fell into the second mixture. Even though it's like one big mixture, I might have thought that we should permit it since it's similar to “two majorities,” so we're taught otherwise. R' Yitzchok explains: we would only permit by “two majorities.” However, here it refers to a case where the first mixture was only one non-Kosher food mixed into one Kosher food. Therefore, it doesn't help when one of those pieces fell into many other pieces.]
15) According to Rabbah who holds there is a Drasha to forbid an egg that was laid on Shabbos (if it's after Yom Tov), it's forbidden even with a Safeik, since it's a Safeik of a Torah prohibition. Also, if it gets mixed into other eggs, it's never Batul (even if you hold regularly an egg is Batul) since it's a prohibition that will eventually become permitted (i.e., after Shabbos), so it's never Batul.
15a) R' Ashi says that even a Safeik egg that's laid on Yom Tov is forbidden even according to those who hold it's only rabbinically forbidden, since it's a prohibition that will eventually become permitted, we don't say it's permitted just because it's a Safeik of a rabbinical prohibition the same way we say that it's not Batul even when prohibitions are usually Batul.
16) Acheirim quotes R' Eliezer that an egg is permitted from a chicken that's designated to eat. Abaya explains; even if you bought the chicken without specific designation, if you come to Shecht it on Yom Tov, it shows that you always had in mind to designate it to be Shechted, and the egg is permitted since it's food that was separated from other food.
17) R' Eliezer b. Yaakov forbade any newborn chicks before they open their eyes, and the Rabanan allow it after it leaves its shell. However, if it was in its shell, everyone agrees that it's forbidden.
18) If an egg was laid on the Yom Tov before Shabbos, or the Shabbos before Yom Tov; Rav says that it's forbidden even on the second day, even though he usually holds them to be two Kedushos. [Tosfos says; you can't say the reason it's forbidden on the second day is because it's Muktza Bein Hashemashes, which remains Muktza for the whole following day. After all, we only say that if it's Muktza because of the following day, and not because we're in a Safeik if it's still the previous day. The only exception is a Sukka on the eighth day, since you need to use it for the Mitzvah if you need to eat Bein Hashmashes.] The reason is: since he holds of Rabbah's prohibition of preparation. [Tosfos says: even though the egg was finished the day before the two holy days, which was a weekday, but the laying itself is considered as a preparation. Also, if it was laid on the second day, it would be forbidden. Therefore, the fact it was laid the day before in order to make it permitted on the second day is preparing it on the first day for the second day.]
19) R' Yochanan permits it the second day since he doesn't hold of Rabbah's prohibition of preparation. However, the Halacha is like Rav, as we'll say later.
20) Even according to R' Yochanan, it's forbidden to touch the egg on the first day to prepare it for the second day since it's Muktza.
21) R' Yochanan agrees to Rav in the case where wood fell off the tree into an oven on Shabbos, it's forbidden to use it for fuel on Yom Tov that fell out that Sunday. After all, he only permits the egg since it's edible the first day, so the fact you didn't use it the first day and waited to the second days shows everyone that it was forbidden on the first day. However, since you can't anyhow burn the wood on the first day that was Shabbos, the fact you waited for the next day to burn it doesn't show that it's forbidden the day it fell off. Therefore, if you allow it, you might think that wood that fell off the tree on Yom Tov is permitted.
22) R' Masna allows to add prepared wood to this Muktza wood that fell off on Yom Tov to Mevatel them, and when you stir them when they're burning, you're moving around Heter. It's not a problem of being Mevatel prohibitions; since we don't forbid it by rabbinical prohibitions. [Tosfos explains: at least by Muktza that is not based on any Torah prohibitions. However, they didn't allow being Mevatel Trumah on fruit despite being only rabbinical, since it's based on Trumah from the Torah.] Although a prohibition that will eventually become permitted is not Batul; this wood is different since the prohibition gets burned, and you only have its ash to contend with, it's Batul.
23) Regarding two days of Yom Tov; Rav says that if an egg was laid on the first day, it's permitted on the second day since they're two separate Kedushos. However, R' Assi says that the egg is forbidden on the second day since he was in doubt whether they're one Kedusha or two, so he was strict to forbid the egg as if it was one Kedusha. (He was also strict to consider it as two Kedushos, so he made Havdala between the two days). R' Zeira says that R' Assi makes more sense since we, nowadays, know when the month begins and yet we keep two days Yom Tov. It must be that they originally enact it to be one Kedusha and not two separate Kedushos because of the Safeik of which is the correct day. However, Abaya held that Rav made more sense. Since its not universally forbidden, as it would be permitted if we could prevent the Kussim from messing up the fire signals from the mountains, and also it's not kept where the messengers can reach before Yom Tov. Therefore, it shouldn't apply to us now either, but we keep two days today to keep the custom of our fathers so that it would be in place if it's ever needed again, like if the government ever decrees against the Jews keeping the calendar. Therefore, we keep it the same way our fathers kept them, as a Safeik of which was the right day.
24) Regarding the two days of Rosh Hashana; Rav and Shmuel say that an egg laid on the first day is forbidden on the second day since they're one Kedusha from R' Yochanan Zacai's decree and on. As, once the witnesses to the new moon were late after Mincha, which made the Leviyim mess up on the Shir [Rashi; as they said the Shir for the weekdays by the afternoon Tamid. Tosfos says: however, for the morning Tamid, they always said the weekday Shir even if the witnesses arrived before the Tamid, since most years they didn't come that early. The reason that it only messed up the Shir and not also the Musafim, (since Korbanos can't be brought after the afternoon Tamid); we must say that they were allowed to bring them afterwards since it wasn't possible to do it before. This is similar to the Heter to allow bringing the Korban of someone who was Tamai after the Tamid so that he can bring a Korban Pesach that afternoon. (See Mahrsha that the Gemara in Pesachim doesn't say this. Rather, it means that you're allowed to bring it and leave it on the Mizbeach to burn it tomorrow, according to the opinion that you can do this, since the real problem is burning it after the afternoon Tamid.) Also, we should say the communal Asei of bringing the Musaf supersedes the individual Asei of having the Tamid brought as the last Korban. This is similar to what we allow the Korbanos to make one Tahor so that he can bring the Korban Pesach to be brought after the Tamid since the Asei with Kareis supersedes he Asei without Kareis.] Therefore, R' Yochanan b. Zacai decreed not to accept testimony after Mincha. If they showed up afterwards, they kept the end of the day with Kedusha, but mainly kept the second day as the real Rosh Hashana. Therefore, they're not kept as a Safeik (since they knew at the end of the first day that it won't be Yom Tov), but it was decreed as one big Kedusha.
25) Rabbah held: from the day that the Mikdash was destroyed; R' Yochanan b. Zacai decreed to accept testimony the whole day. Thus, from this second decree and on; an egg laid on one day is permitted on the second day. Although Rav and Shmuel forbade it, they were referring to Bavel where they always keep two days. Since their situation never changed from the days of the original decree, their Halachos don't change. However, for the people in Eretz Yisrael who's situation changed, that if the witnesses come from Mincha and on, they would only keep one day; so the Halachos of their eggs laid also changed.
26) R' Yosef argues. He says that anything that the rabbis got together to vote to forbid an object needs another vote to permit it, even if the reason to forbid is no longer applicable. Although they had a vote to permit accepting witnesses after Mincha, but they never had a vote to permit the egg, so the egg remains forbidden. However, Abaya says; they didn't have a separate vote to forbid the egg, but it was a consequence of not accepting testimony after Mincha. Therefore, once they voted to permit witnesses, the eggs became permitted by itself.
27) R' Ada and R' Silmon of Kaluchos say: even after R' Yochanan b. Zacai enacted to accept testimony all day, we need to forbid the eggs. After all, we need to worry, if we permit it, maybe the Beis Hamikdash will be rebuilt and people will continue eating the egg on the second day because they'll say that they did it last year too. However, you don't need to worry that this will be a problem also by witnesses, that, when the Mikdash will be rebuilt, they'll accept testimony all day; since that's given over to Beis Din, and they'll understand the difference. However, the eggs are given to everyone, so the laymen will make the mistake.
28) Rava says that eggs are forbidden even after R' Yochanan b. Zacai enacted to accept testimony all day. After all, R' Yochanan b. Zacai would admit that, if the witnesses come after Mincha, they would keep both days Kodesh. [Rashi says: he only accepted testimony to count the days of the month from the first day, but they didn't change it regarding making it two days of Yom Tov. Tosfos disagrees since it's not logical to split it this way. However, R' Chananel's text is he admits "if witnesses don't come after Mincha, we keep both days," i.e., therefore, just like it was one Kedusha originally, we still keep it as one Kedusha. Tosfos explains this text: if we don't have witnesses yet at the end of the day when there's not enough time to accept their testimony even if they show up, but you can still do some Melachos before nightfall, they still forbade doing Melacha at that time and not because it's a Safeik, so we must say that it's one Kedusha.]
29) Whatever was forbidden by a vote, you need another vote to permit it (even if its reason doesn't apply anymore); and it doesn't make a difference if it's a Torah law, (you still need Hashem to explicitly permit it again), or if it's a rabbinical decree. [Tosfos says: if the decree was only for a certain time, you don't need a vote to permit it, since it becomes permitted by itself after the time passes.]
30) Therefore, R' Eliezer wanted, (after the Churban), to make his Revai fruit Hefker to the poor since he didn't want to carry it up to Yerushalayim (and there was an enactment that you should carry it up to Yerushalayim, and not to redeem it, if you're within a day's travel from Yerushalayim so that the markets of Yerushalayim be adorned with fruit, even though it's not applicable after the Churban.) However, he didn't when he was informed that R' Yochanan b. Zacai permitted it with a vote from the Chachumim. [Tosfos says: that, which the poor gain to bring the fruit to Yerushalayim after the Churban, R' Eliezer must have held that its Kedusha lasted after the Churban and you may eat the fruit there. Alternatively, even if they're not allowed to eat it, they can L'chatchila redeem a Manah's worth of fruit on a Prutah nowadays when there is no loss to Hekdesh.]
31)Rava Paskined like Rav in the following three Halachos: an egg laid on Shabbos before Yom Tov is forbidden on the next day. If an egg was laid the first day of Yom Tov, it's permitted on the second day of Yom Tov. If an egg was laid on the first day of Rosh Hashana, it's forbidden on the second day.
32) Nahrdai says that the egg laid on the first day of Rosh Hashana is permitted on the second day. After all, you don't need to worry that the witnesses didn't come on the first day of Rosh Hashana, and Elul was thirty days, and they decreed a second day to have one Kedusha, since it's not common. As we see they never made Elul thirty days since the days of Ezra.
33) Rava says: you can have non-Jews bury a corpse on the first day of Yom Tov, and Jews may do it on the second day of Yom Tov, even on Rosh Hashana. This is true if the person just died and wasn't left around to start rotting, since the rabbis made the second day Yom Tov like weekdays regarding corpses, even to cut for them cloths for shrouds and to cut down myrtles.
34) However, nowadays, when they have Chavri (an evil nation that forced work out of Jews); we can't bury the dead on the second day of Yom Tov, since they'll see us doing Melacha for the dead and they'll claim it not to be really a Yom Tov and force the Jews to work for them. [Tosfos says: nowadays, when we don't have any Chavrei, it's totally permitted again and they don't need another vote to permit it. After all, they only explicitly forbid it for the Chavrei, and if they don't exist, there is no decree anymore. However, R' Tam forbade the city of Milan to bury the dead on the second day of Yom Tov. After all, we see in Mesechta Shabbos that they didn't allow the people of Baskar to bury their dead on the second day since they weren't people of Torah, and we don't suppose that the people of Milan are better. However, the Ri didn't hold of this proof since we see in Yevamos that they didn't allow what a non-Jew cooked to people who weren't learned in Torah, even though it was edible raw, and yet, we're lenient to permit it. However, R' Yechiel reconciled: perhaps we only allow things that are usually done in private and not things, like burying, that's done in public. Also, R' Tam gave another reason to forbid burying nowadays, since the government might see us doing Melachos and force those who work for them to work, just like we were worried by the Chavrei.]
35) R' Ashi says; even though Rava allowed making an Erev Tavshilin on the first day Yom Tov that falls out on Thursday (on condition that the real Yom Tov is on Friday, and today is only weekday), so it should take effect for the second day Yom Tov on Friday; we can't rely on it for Rosh Hashana like we forbid the egg. After all, he holds that we can't rely on Nahrdai.
36) If a chick hatches on Yom Tov; Rav forbids it because of Muktza. However, R' Yochanan, and some say Shmuel, permits it. [Tosfos adds a reason: first, he holds like R' Shimon. Secondly], we can say that the same way that it permits itself to Shechita when it hatches [Tosfos: and opens its eyes], it would permit the Muktza too. [Tosfos concludes: perhaps R' Yochanan needs this reason to permit even according to R' Shimon since we can say, that the very fact you didn't eat it as an egg but allowed a chick to grow, it's like you pushed it away and is Muktza like unfinished raisins and dried figs.]
37) According to Rav who forbids the chick that was hatched on Yom Tov, the reason it's different than a calf that was born on Yom Tov; since it was fit before it was born if you Shechted the mother. Even if the mother is a Treifa, and the unborn calf wouldn't be permitted with its mother's Shechita; still, it's fit to be thrown to the dogs. This is permitted even according to R' Yehuda who holds items that were prepared for human consumption is Muktza when it becomes only fit for dogs, since he would agree what's prepared for dogs is considered prepared for humans if they become edible for him, since he has in mind to use any of his property for his own use. [Tosfos says: although you can also give the chick in the shell to a dog, it's not considered prepared for the dog since it's not designated to give to the dog.
However, Tosfos says that you can't answer that the calf in the Treifa is fit for humans if you would stick your knife in the womb and Shecht it there, since it's possible that our Gemara holds like R' Oshiya who was in doubt if that's a valid Shechita. Alternatively, it's not permitted to L'chatchila Shecht that way, since it's dark inside there, and you can't Shecht L'chatchila in the dark where you can't see what you're doing. Alternatively, we only allow it if the calf finished its gestation time, and this calf hadn't finished its gestation during Bein Hashmashes, but only later in the day. Therefore once it's Muktza Bein Hashmashes, it remains Muktza for the whole day.]
38) [Tosfos says: a calf that's born on Yom Tov, since it's a living animal, it's not similar to juice flowing from fruit, or fruit falling off a tree. Therefore, we don't forbid the calf for being similar to juice and fruit the same way they forbade eggs that were laid.]
39) If a chick was born, but didn't open its eyes; the Tanna Kama says that it's forbidden on Yom Tov, but permitted during the week. However, R' Elazar b. Yaakov says that it's forbidden during the week, since it's included in the prohibition of a Sheretz until it opens its eyes.
40) If you Shecht a chicken and find a full grown egg in it, you may eat it with milk. [Tosfos says: although they forbade a full grown egg in a Neviela chicken (and we don't say it's an independent entity from the chicken at its death); that's because we decreed it to be forbidden since it's similar to an egg inside a Treifa that the egg grew inside the Treifa, and is really forbidden.]
41) If you Shecht a chicken and found an egg in it; that egg can't produce a chick. The practical difference to this is, if it's sold with the assumption it's from a live chicken, it's a mistaken sale.
42) Therefore, if someone requests an egg from a live chicken, and he's given an egg from a Shechted one, it's a mistaken sale and he should get a full refund. We don't say that the reason why he wanted it from a live chicken is not that he wants to get a chick out of it, but because it's more ripe. However, since it's still edible, he should only need to refund the amount that an egg from a live chicken is worth more than from a Shechted one; so we're taught otherwise.
43) Also, if someone requests an egg from a mating chicken, and he's given an egg from one that only laid it from the warmth of the ground, it's a mistaken sale and he should get a full refund. We don't say that the reason why he wanted it from a rooster is not that he wants to get a chick out of it, but because it's more fatty. However, since it's still edible, he should only need to refund the amount that an egg from a mating chicken is worth more than from one that didn't mate; so we're taught otherwise.
44) R' Yochanan permits an egg that mostly left the chicken Erev Shabbos, but then was swallowed back inside the chicken, and then was laid on Shabbos. There are two versions if Rav agrees, or argues, with R' Yochanan.
45) The Tanna Kama allows eating complete egg with milk, and R' Yaakov forbids if it's still attached by sinew. [Tosfos explains: that's only when their yolks were full grown, (but if you need completely grown eggs, it will never be attached by the sinew)]
46) R' Yaakov was only strict to consider this egg as if it's meat by prohibitions like eating it with milk. However, if someone swallows such an egg from a Neveila, he doesn't become Tamai, since he doesn't decree it to be like meat so to spread Tumah and ruin Taharos.
47) However, if he eats from the chicken's ovaries, he's Tamai since it's considered as meat since some people eat it; although many others refrain from eating it.
48) Any animal that mates during the day will give birth during the day. Thus, since chickens mate during the day, they lay eggs during the day. Therefore, even if you check the nest on Erev Yom Tov and you didn't find an egg, and then you got up early before dawn and found an egg, it's permitted since it was laid on Friday. Either we must assumed that you didn't check well enough, or, even if you did check very well, we assume that it happened like R' Yochanan's case, where it mostly left the chicken on Friday and was swallowed back in.
49) It's only if there's a rooster in the vicinity. Therefore, we know that a chicken won't warm herself on the ground to lay eggs if she could have a rooster. Therefore, we can permit if the chicken can hear the rooster during the day [Tosfos: even though sound travels more by night, still, since they mate during the day, she must hear him during the day.] Rav permitted it even when it was sixty houses down. However, this is only where there's not a river in between that doesn't have a bridge, (even if there's a plank and rope for someone to walk across). However, there was a case that the rooster walked over the plank to get to the chicken.
50) However, if there is no rooster, and the chicken must have warmed herself against the ground; if you check the nest on Erev Yom Tov and you didn't find an egg, and then you got up early before dawn and found an egg, it's forbidden since it's possible that it was laid at night. However, if you didn't check in on Friday, it's permitted. [Tosfos points out: even though it's a prohibition that will eventually become permitted, where we're usually strict when it's a Safeik if it's forbidden; here we're lenient since the majority of eggs without a rooster are also laid during the day.]
51) A garlic that was grounded up, if it was left uncovered, it's dangerous because a snake could have eaten it like by uncovered liquids.
52) Beis Shammai says that the Shiur of sourdough on Pesach is a Kezayis, and Chametz is a Koseves, and Beis Hillel says that they're both a Kazayis. Beis Shammai explains: once the Pasuk writes Chametz, it doesn't need to write sourdough since it's a much stronger leavening than Chametz. So, it's written to teach us that their Shiurim are not the same. [Rashi says: the reason the Shiur is Koseves and not an egg's worth since Shiurim are Halacha L'moshe M'Sinai. Tosfos disagrees. After all, if so, why do you need a Pasuk? Rather once it's not a Kazayis, we place it on the next Shiur that we see regularly, which is a Koseves that's the Shiur of eating on Yom Kippur.] Beis Hillel holds that the Shiurim are equal since the Pasuk needs to say sourdough, and we won't be able to extrapolate from Chametz since it's not edible.
53) R' Yossi b. Chanina says that they don't argue regarding eating; since the Pasuk of eating starts out describing Chametz, and then ends off describing sourdough. This tells us that their Shiurim are the same. Rather, they argue about the Lav of not having Chametz, that has a separate Lav for each one. On that, Beis Shammai says that the Shiur of sourdough is a Kazayis and Chametz is a Koseves, and Beis Hillel holds that they're both a Kazayis.
54) If a Shochet comes to ask an inquiry could he Shecht if he needs to dig dirt to cover the blood; Beis Shammai holds the rabbi can permit it. Rabbah explains: they tell him Shecht and then dig, and R' Yosef explains: they tell him to dig and then Shecht. However, Beis Hillel says that you can't Shecht unless you have prepared dirt from before Yom Tov.
55) You don't need to say that Rabbah and R' Yosef argue whether you need a bottom layer of dirt besides a top layer. Rather, we can say they both believe you need a bottom layer of dirt, as the Pasuk says "you cover it in dirt." However Rabbah says that we can't allow digging before the Shechita since he might change his mind and end up not Shechting, and it comes out that he dug without any justification. Therefore, he can't Shecht unless he has enough dirt for a bottom layer to begin with. However, R' Yosef holds that it's better to dig before Shechita to create the bottom layer if he doesn't have it, and not to worry that he'll change his mind, so that he won't refrain from having Simchas Yom Tov.
56) Beis Hillel agrees that, if you B'dieved Shechted, you can dig with a hoe and cover the blood. However, this is only allowed by loose dirt that you don't need to grind up to cover the blood. (The Gemara later says: even if you grind it over the blood, we don't say the Asei of covering blood supersedes the Lav of Yom Tov, since Yom Tov also has an Asei, and one Asei doesn't supersede a Lav and Asei.) Even though you're making a hole on Yom Tov, you're exempt for the hole. [Rashi says because it ruins your field, and Tosfos adds that it's a Melacha Shein Tzricha L'gufo (that you don't need). Although we don't allow to do a Melacha Shein Tzricha L'gufo L'chatchila, we allow here to enable Simchas Yom Tov. Although we say in other places that you're anyhow exempt for digging in loose dirt, that's only when it's surrounded by loose dirt and the hole caves in right away. However, here we refer to a case where the loose dirt is surrounded with packed dirt, and the hole will remain in its place.] However, you need to have the hoe stuck into the dirt from before Yom Tov. [Tosfos explains: although we make an exception here to allow a Melacha Shein Tzricha L'gufo, we still need it to be prepared from Erev Yom Tov, and non-Muktza.]
57) Ash from a stove is considered non-Muktza, so you can cover with it. However, this is only if it was burned before Yom Tov, but if it was burned on Yom Tov, it's Nolad [Tosfos; even according to R' Shimon since the ash didn't exist at all in this form], unless the ash is still hot enough to roast an egg in it, since it retains the status of being wood (since it still can do the wood task of cooking). [Tosfos points out: even though Beis Shammai considers the ash non-Muktza since you can use it to cover things, it means to cover disgusting items on the floor, but not blood. After all, Beis Shammai holds you can't cover blood with ash since it's not called 'dirt.' (However, Beis Hillel allows it since they hold it's called dirt.) Alternatively, (since you only need it to be called dirt if it can't grow vegetation in it), Beis Shammai only Pasuls ash from burned clothing, but not of burned wood, since you can grow vegetation in wood ash.]
58) [Tosfos says; we permit clearing out an oven from ash that was burnt on Yom Tov even after it can't roast an egg anymore; because you need the oven to make food, and they allowed moving Muktza to prepare food.]
59) [Tosfos quotes the Yerushalmi that says: if you B'dieved Shechted, they allowed taking this Muktza ash to cover it. They only forbade to L'chatchila Shecht and rely on the ash to cover the blood.]
60) If someone brings in a basket of dirt from Erev Shabbos or Yom Tov, he may use it to cover anything. [Tosfos explains: although it's a small amount, we don't say that it automatically comes part of the dirt floor and it would be considered demolishing the floor to use it.] However, it's only if you set it aside in its own corner, or else it will become part of the floor.
61) You can't Shecht a Koy, (a bovine that we don't know if its a wild or domestic animal), on Yom Tov, since it's forbidden to cover its blood on Yom Tov. If you do Shecht it, you don't cover its blood even if you have prepared ash and dirt. Rava explains: since they're only prepared to use for definite needs, but not if you're in doubt if you need it. As Rava says that dirt that was designated to cover the blood of birds can't be used to cover a child's dung, since it's not definite that you would have dung that needs covering. However, if you designated it to cover dung, of course you may use it to cover a bird's blood.
62) However, Nahrblai allows using the dirt designated for covering bird's blood to cover dung since it's close to definite that you'll have dung that needs covering. Therefore, according to Rava who holds that dung is not definite, if you designate dirt for dung, you may use it to cover a Koy's blood, since they're both not definite. However, according to Nahrblai who holds that dung is close to definite, you wouldn't be able to use the dirt designated to cover it to cover the Koy's blood.
63) Rami b. R' Yayva says the reason you can't cover the Koy's blood since people would think that the Rabanan wouldn't allow the bother of covering it on Yom Tov if it wasn't for the fact that they were sure it was a wild animal, and they'll end up permitting its fats. However, it's not a problem to cover it during the week since they understand that the rabbis may require you to do so even if there's a doubt of its status.
64) R' Zeira taught a Braisa; the same way the rabbis forbid covering the Koy's blood on Yom Tov because of the bother, they forbade covering the blood of birds and wild animals that were mixed with the blood of a domesticated animal. After all, it's a bigger bother to have to cover more blood than necessary, unless you can cover all the blood with one shovel of dirt, which is anyhow the minimum bother, and there's no extra bother. [Tosfos says: even if there is a Torah obligation to cover the mixture, but the rabbis have the power to passively uproot a Torah law.]
65) Rabbah says: if someone Shechts a bird on Erev Yom Tov, you can't cover the blood on Yom Tov. [Rashi says: since the bird is not forbidden to eat without covering its blood, they didn't permit to cover it. Tosfos says: as we don't permit this unless it was impossible to do before Yom Tov, like when it was Shechted on Yom Tov proper.]
66) Rabbah also said; if you kneaded dough from Erev Yom Tov, you may separate Challah on Yom Tov since they didn't forbid separating Challah on Yom Tov. However, Shmuel's father said that you can't separate the Challah. This is even if he holds like his son who said that you can eat from bread in Chutz L'aretz before taking off Challah, as long as you separate from it eventually, (so removing Challah doesn't fix the food to make it edible); still, since you call it, and give it the status of Challah that it becomes forbidden to a non-Kohein; you can't separate it on Yom Tov. [Tosfos says; and Rabbah held that, since you can knead a dough on Yom Tov and separate Challah, it shows that they didn't forbid separating Challah on Yom Tov. However, Shmuel's father held that it's really forbidden to separate, but they made an exception to allow it if it was kneaded on Yom Tov. However, the Yerushalmi establishes the case that, if you just started the kneading process on Erev Yom Tov, although technically he can separate Challah then, but Rabbah allows to separate when he finishes the kneading on Yom Tov since it's normal to only separate the Challah after the kneading. However, Shmuels' father held not to permit it on Yom Tov since it could have been taken off before. However, if it was completely kneaded Erev Yom Tov, everyone agrees that it's forbidden to separate on Yom Tov. According to this explanation, it makes no difference if it's Challah in Chutz L'aretz or in Eretz Yisrael.]
67) [Tosfos says: therefore, even though the Halacha is like Rabbah who is a later authority, if you finish kneading before Yom Tov; if you didn't separate Challah from the bread you made Erev Yom Tov, you can't separate Challah on Yom Tov and you need to leave one bread over after Yom Tov to separate Challah. However, this doesn't help for Pesach where you knead each dough less than the Shiur of Challah, and then you combine them later in a utensil. Then you can't take off one Matzah for all of them at the end, but you need to leave over a little from each Matzah and separate at the end. However, you have a way out by making one more Matzah batch on Yom Tov, and to take Challah on Yom Tov because of the Matza baked on Yom Tov.]
68) Beis Shammai says that you can't bring a ladder from one dove-coop to another, but you can tilt it from one window in the coop to another. Beis Hillel allows bringing it to another dove-coop.
69) There's an argument between Tannaim whenever the rabbis forbade something since it can lead to suspicion, do they forbid even when doing it in private, or not. Like if your clothes got soaked on Shabbos, which you're not allowed to hang it up in public since people will think that you laundered them today, could you hang them up in private.
70) The first version of R' Chanan b. Ami: Beis Shammai and Beis Hilell argue about carrying the ladder in the street. Beis Shammai forbids since people might suspect he's carrying it to plaster his roof, and Beis Hillel says that his dove-coop proves his real intentions. However, everyone agrees that you may carry it in your own property, and Beis Shammai held that they didn't forbid “decrees to avoid suspicion” in private.
71) The second version of R' Chanan b. Ami: they argue about carrying it in your own property, but they both forbid carrying it in the street since it will lead to suspicion. Beis Shammai says that they forbid “decrees to avoid suspicion” in private, and Beis Hilllel says that they didn't decree them in private.
72) Rav, who holds that they did decree to forbid them in private must hold like the first version and held that Beis Hillel permits carrying the ladders always, even in the street. (However, if Beis Hillel held there is a worry of suspicion, they would forbid it even in private.)
73) [Tosfos explains: the reason there is no problem of capturing doves on Yom Tov since we refer to very young ones that can't fly and are considered as if they're already captured.]
74) R' Shimon b. Elazar held that Beis Shammai and Beis Hillel both agree that you can carry the ladder until the next dove-coop, but they argue if they allow bringing it back to the first one (where it belongs).
75) R' Yehuda held that they argue only with a dove-coop ladder, but all forbid with a ladder that's meant to climb to the second floor. (The Gemara concludes that R' Yehuda comes to explain the Tanna Kama, and not that the Tanna Kama held that they even argue with the larger ladder.)
76) R' Dosa holds that you can only tilt the ladder from window to window on the same coop, but you can't move it. Acheirim quotes R' Dosa that you can even 'walk' the ladder from window to window. The Gemara concludes that they even held this way by a dove-coop ladder. [Tosfos says: this seems to be the Halacha. Although we say that you can move a ladder in Eiruvin; we must say that refers to a small ladder, and here, we refer to a bigger ladder. R' Avraham from Burgil answers: there refers to Shabbos, where you can't carry in the street, so it will never lead to suspicion, so they didn't forbid in private. However, here refers to Yom Tov, where you can carry in the street; so, once you need to decree on carrying it in the street, they forbade it in private too.]
77) R' Yochanan asks a contradiction in Beis Hillel regarding Yom Tov, that he's the more stringent opinion when it comes to digging for dirt to cover the blood, yet he's more lenient here and in the rest of the Perek. The Gemara answers: we must switch their opinions [Rashi explains: that Beis Hillel is always stringent. Tosfos argues. Rather, we say that Beis Hillel allows digging for the dirt too.] However, then the Gemara gave answers to reconcile why Beis Hillel is lenient in the other Halachos and is stringent by digging. [However, Tosfos considers them as pushed answers, and we shouldn't Paskin like them. Therefore, since Beis Hillel allows digging, R' Tam asks; why is the world careful to prepare dirt for covering? However, Tosfos says: the argument between Beis Shammai and Beis Hillel is; whatever Beis Shammai permits only B'dieved after it's Shechted, Beis Hillel permits L'chatchila. Since we concluded that Beis Shammai needs a shovel within the dirt to dig to prepare the dirt, Beis Hillel will also only permit L'chatchila if the dirt was prepared and not Muktza.]
78) Beis Shammai says that you can't take doves to Shecht on Yom Tov unless you prepare the ones you want by actually holding them, and Beis Hillel allows just to say which ones you'll take tomorrow. The Gemara says that they only argue with the first set of birds born to the mother dove (that they usually leave from eating since they keep the mother from flying off). Therefore, Beis Shammai is very worried that he'll change his mind to leave it, so they enacted to prepare it in a strong way. However, Beis Hillel doesn't have that worry. However, everyone agrees that you can prepare the other birds by just saying which ones you'll take tomorrow.
79) However, everyone agrees that you need to specifically pick out the ones you plan on eating, and not to say that, generally, you'll take some birds from here. Rabbah explains: we must say that Beis Hillel doesn't hold of Breira, that we can determine on Yom Tov which doves you designated the day before. The Gemara asks: we see that Beis Hillel seems to hold of Breira. As the Braisa says; if a corpse is in the house, all the potential openings that you may carry it out from is Tamai. However, if you decide to carry it out one of the openings; Beis Hillel says that it makes all the other openings Tahor even if you decided after he died, (and Beis Shammai only says it's Tahor if you decide before the death). The Gemara answers: Beis Hillel doesn't hold that they're Tahor retroactively and we don't say that Breira will allow us to say that we were always destined to carry the corpse from that opening, rather, he only says they're Tahor from this time and on.
80) Rava says: we can even say that Beis Hillel says they're Tahor retroactively and they hold of Briera, still he needs to pick out the doves he's designating for Yom Tov. After all, it might come out that he'll pick up one on Yom Tov, find it not to be fatty enough, and he'll switch it for another dove. Then, it comes out that the first bird was retroactively Muktza, and he moved Muktza. (However, if he doesn't have a choice and the rest are all Muktza, he would Shecht the one he takes even if it's not as fatty as he would like). Alternatively, we're worried that he'll assume that he'll find one of them that's fatty, and he'll come the next day to find them all lean and he'll come to refrain from Simchas Yom Tov. However, when he needs to pick them beforehand, he's committed to Shecht them even if it's lean.
81) [Tosfos asks: if you hold that Beis Hillel makes all the other openings Tahor retroactively, what difference does it make that originally they're all Tamai if it will retroactively be taken off? Tosfos answers: they would remain Tamai if the corpse will get burned in the building, so it ended up never being carried out. Alternatively, if they opened a new opening to remove it, then they all remain Tamai since we can't say that it was always designated to be removed by this new opening.]
82) If you prepared black and white doves, and you got up early the next day to take them and find that black ones are in the compartment of the white ones, and white ones are in the compartment of the black ones, they're forbidden to take. We don't say that they're the same doves, but just switched places, but we assume they're from someplace else. This fits well according to R' Chanina who says that the majority overrules what's closer. Therefore, since the majority of birds are Muktza, we'll assume that these birds came from this majority, and not from the prepared birds that was closer since they were in the next compartment. However, even if you don't hold like that, we can establish the case as where there is a perch outside the compartments where other doves wait for a vacancy, so they're as close as the birds in the next compartment.
83) If you prepare two birds and found three; it's definitely forbidden. After all, if the two left and these are other ones, they're all forbidden. Even if two of these birds were the originals, we still say that they're forbidden since a Muktza bird is mixed with them. [Tosfos says: we don't say that a bird is Batul in the majority, since we say living beings are too Chashuv to be Batul. Alternatively, since this is a prohibition that's eventually permitted (after Yom Tov), it's not Batul even in a thousand.]
83a) If you prepare three, and you find two, they're permitted and we can assume that one flew away, and the other two remained [Tosfos says: even though it's a prohibition that will be eventually permitted, they held in this case you can still assume that the birds remained.]
84) If you leave a hundred Zuz of Maasar Sheini, and you return and find two hundred; Rebbi held a hundred of them is Maasar Sheini and a second hundred of Chulin mixed together. The Rabanan hold them both to be Chulin, since we assume the first hundred was taken and replaced by this. [Tosfos says: although we don't assume that it happened in a Heter way unless it's a rabbinical prohibition (as in the case where you have two pots, one of Trumah and the other of Chulin, and rabbinical Trumah fell into one of them, we assume it fell into the Trumah to permit the Chulin); still, since it's logical to say that people don't put Chulin money with Maasar money, he probably removed the Maasar money before placing the Chulin there, and forgot about it.] They also argue in the case that you have two hundred of Maasar, and then found one hundred; Rebbi held it to be Maasar, and the Rabanan hold it to be Chulin.
85) We have an argument between R' Yochanan and R' Elazar if they only argue if the two bags were tied together, but if they were in totally separate bags, we always assume the Maasar remains, or if they even argue if they were in totally separate bags.
86) However, everyone agrees that, if you prepare three doves, and you found two, they're permitted. This is even like the Rabanan who assumes that the original money is always gone since we assume they're all together, we assume the doves separated from each other since they're jumping around, and they didn't all leave together. This is even according to the opinion that we refer to tied bags, which we must say, to parallel, that the birds are also tied together, since the birds are constantly pulling from each other, they'll get loose from the tie. However, Rebbi held that, even by the bags, the knots get untied.
87) If you prepare the doves in their compartments, and then find birds before the compartments, they're forbidden. This is even if you don't say like R' Chanina to follow the majority of birds even when the non-Mukza birds are closer, since we can establish the case that there were birds on a perch outside that were equally as close. Alternatively, we can say the case is that there are two compartments, one above the other, and you designated two in one compartment, and then you only find birds in front of the compartment that you designated, we say that the ones you designated left, and the other two moved into their compartment. This is not only true if the designated ones were in the bottom one, but even if they're in the top ones we'll say that the bottom ones would climb up to the top one.
88) If there was no other birds but the designated ones; if they can fly, they're forbidden since they might have flown away, and these where others. However, if they can only hop, they're permitted if there's not another coop within fifty Amos, since they wouldn't hop more than fifty Amos from their coop. Even if there was a coop within fifty Amos, but it was around the corner, they're permitted, since they won't hop to a place where they can't see their coop.
89) Beis Shammai says: you can't take an 'Ali' (a great board that you grind grains on) to butcher the meat on Yom Tov. [Rashi says: since it's a utensil that its main use is forbidden. Tosfos disagrees since it would be permitted to move if you need it to use, or if you need it for its place. Rather, it's Muktza since (people avoid using it for anything else because you're afraid) it might get ruined.] However, Beis Hillel allows bringing it to cut meat on it, but not to return it.
90) You may use a utensil "bone-breaker" made to butcher meat even if it's new. This is even according to Beis Shammai who is usually worried that someone will change his mind from using it, and thus forbids bringing a knife to Shecht an animal, and a pestle and spices to a mortar, and vice versa (since he might change his mind and not use it). After all, he only forbids in those cases where he might change his mind from Shechting this animal since he'll find a fattier animal, or he'll change his mind on the recipe and won't be needing that spice. However, here, where he has a Shechted animal that needs butchering, he'll definitely use this utensil to butcher it.
91) Beis Shammai says: we don't put the hides before people to step over them (to preserve them somewhat), and you can't even move them unless they have a Kezayis of meat still attached to them. Beis Hillel allows it. However, everyone agrees that you can salt meat over it even though some salt will fall and partially preserve it. However, it's only if you salt the regular amount to roast it [Tosfos: not that you need to salt meat when you roast it (to remove the blood), but we refer to salting it for taste]; but not if it's a heavy salting for roasting that it's similar to salting it for cooking.
92) You can't salt fats, or turn them over, to prevent rotting. R' Yehoshua allows to place them on pegs so that the wind should preserve it. There are two versions in R' Masna if he says that the Halacha is like R' Yehoshua, or if the Halacha is not like him. The reason we don't allow it like we allow spreading the hides out, since it is not obvious that the intent of spreading the hide is to preserve it, but it's for people to sit on. However, if we allow hanging the fats to preserve it, they'll come to salt it.
93) Someone is allowed to salt many pieces of meat even though he only needs one piece (since it's one bother to salt them all together). R' Ada b. Ahava salted one piece, and then made a trick of saying that another piece is better, (as if he changed his mind to eat the second piece) and salted that one (until all the pieces are salted). [Tosfos says: R' Shmuel only allowed this trick before the meal, but not after he ate.]
94) Beis Shammai says that you can't remove the door to the wares box (to sell spices that the merchant keeps in this box and they remove the door off its hinges to remove the wares and to place them on the door). Beis Hillel even allows to replace the door (after you're finished selling the spices). If there are two hinges on both sides of the door (which makes the door very secure), everyone agrees it's forbidden to remove. If there is no hinge, everyone agrees that it's permitted. They only argue if there is one hinge in the middle. Beis Shammai decrees to forbid it since he might come to remove it with two hinges, and Beis Hillel is not worried that it would lead to that.
95) R' Shimon b. Elazar says: everyone allows to remove the door, but they argue if you could replace the door back on the box.
96) Beis Hillel permits it since he's afraid that, if we don't allow the merchant to open it, people will refrain from Simchas Yom Tov; but regularly they wouldn't allow removing such a door in your house. [Tosfos says: although we Paskin that there is no building or demolishing by utensils, we still have a decree that you might come to bang it in with nails.] They also only allow spreading out the hides before people to walk on so that they won't come to refrain from Simchas Yom Tov; but if you Shechted it Erev Yom Tov and could have taken care of it then, they didn't allow to spread out the hides.
97) Beis Shammai says that you can't carry a child, a Luluv or a Sefer Torah in the street on Yom Tov, and Beis Hillel permits.
98) Beis Hillel holds of the logic: once the Torah permits carrying (or any other Melacha) for food preparation, it's permitted even if it's not needed for food preparations. However, you need it to have some use for the day, so you can't carry out rocks. [Rashi explains: the rabbis forbade carrying out unneeded items because it's an unnecessary bother. Tosfos explains: it's forbidden from the Torah and you can get Malkus as a punishment. After all, we see that R' Chisda holds you get Malkus for cooking on Yom Tov in order to eat it after Yom Tov. Even Rabbah only argues because you can feed it to guests on Yom Tov if they happen to show up, but he would agree that it's forbidden from the Torah if it's completely unnecessary.]
99) Everyone agrees that there is Eiruv and carrying on Yom Tov, so the reason for Beis Hillel can't be because there's no problem to carry anything on Yom Tov, or else Beis Hillel would allow carrying rocks. [Tosfos: since moving Muktza is only forbidden to make sure that you don't carry it out, as the Gemara in Shabbos says. Rashi explains 'Eiruv' here to mean: that you need an Eiruv Chatzeiros. Tosfos explains Rashi: you need the Eiruv to permit carrying unnecessary items. However, Tosfos explains 'Eiruv' to mean here as 'mixed.' Everyone agrees that carrying is mixed in with all the other Melachos and are forbidden on Yom Tov.]
100) Therefore, according to Beis Shammai, you get Malkus for bringing a voluntary Korban Olah [Tosfos: and the same is true if it was obligatory]; but Beis Hillel exempts it since they permit Shechting when it's necessary for food, it's permitted when it's not necessary. [Tosfos says: however, it's still forbidden since the Torah only permits doing Melacha "for you," and not for Hashem. However, since it's a negative command that's worded in a positive way, you don't get Malkus. It's considered as somewhat needed for the day since there is a logic that you shouldn't have your table full while your master's table is empty.]
101) If you cook Gid Hanashe on Yom Tov, you get Malkus according to Beis Shammai, but not according to Beis Hillel. [Tosfos explains: this is also considered as needed for Yom Tov since you planned to eat it when you cooked it.]
102) R' Yehuda and Acheirim both hold: Beis Shammai and Beis Hillel agree that you can send to a Kohein the Challah from a dough made on Yom Tov, and meat-gifts from an animal Shechted on Yom Tov, and, of course, that you can't send Trumah that always needs to be separated before Yom Tov. They argue about Challah separated Erev Yom Tov and an animal Shechted on Erev Yom Tov. Beis Shammai forbids, and Beis Hillel permits. According to Beis Shammai, R' Yehuda permits sending Challah and meat-gifts from yesterday along with Challah and meat-gifts of today, and Acheirim forbids.
103) R' Yossi holds that everyone agrees that you can send Challah and meat-gifts to a Kohein, and it doesn't make any difference if it was from today or from yesterday. They only argue about Trumah. Beis Shammai forbids since it's forbidden to separate today [Tosfos: and by sending it, people might think that you separated it that day.] Beis Hillel permits. The Halacha is like R' Yossi. Therefore, it's permitted to send Trumah, and of course, Challah and meat-gifts. [Tosfos says: whenever it's forbidden to send; the Yerushalmi says that a Kohein can't go to your house to pick it up unless he's a common guest to eat by you.]
104) You may rub the husk off the grains from before Shabbos, and then, on Shabbos, blow away the husks by pouring the grain from one hand to another (which is a big change from what is normal), but you can't use a funnel or large plate (which the husks remains above when you tilt the plate). Also, you can't rub the husks off the grains on Shabbos.
105) On Yom Tov, you can actually rub off the husks, and blow a little at a time to blow away the husks, and you can even separate it using a funnel and a large plate. However, you can't use a sifter or sieve.
106) We said earlier that you can't have an obligation to separate Trumah that comes along on Yom Tov, (and that's why you can't separate it on Yom Tov, but you can separate Challah.) However, we do find a case where it does happen. [According to Rashi], according to Rebbi; you'll find a case where you bring grain into your house to rub off its husk to eat, which becomes established to be obligated to separate Trumah when you rub off the husks, which you can do on Yom Tov. Not only that, we even find it according to R' Yossi b. Yehuda, who holds that you're still exempt from Trumah when you rub off the husk since you're not creating a pile. After all, you can establish the case where he originally brought the grain in his house to make a pile for regular use, and then you change your mind on Yom Tov to eat it whole by rubbing off the husks. As we say that, since you brought it in to make a pile, this is now the fulfillment of that pile and you need to separate Trumah. Rather, we must say that, only, in most cases, you don't have the obligation to separate Trumah coming on Yom Tov.
107) [However, Tosfos holds this to be difficult since, regularly, we would need to say that R' Yossi b. Yehuda would allow to eat it in all circumstances, even in an established manner, since it can't become obligated on Yom Tov; yet it infers there that they refer to eating it in a temporary manner. Also, according to Rebbi, it should have been obligated in Trumah Erev Yom Tov when it was brought into his house. Rather, Tosfos explains: If you bring it into the house on Erev Yom Tov to eat by rubbing off its husk, Rebbi holds that it's obligated immediately, and you can't eat from it temporarily. It's only exempt according to R' Yossi b. Yehuda who holds that it's exempt until you have an established eating of it. Therefore, we find a case according to him how it becomes established for Trumah on Yom Tov, by establishing your eating it during Yom Tov. However, we can even find a case according to Rebbi. The case is: if he originally brought it in the house to make dough, but he changed his mind on Yom Tov to eat from it by rubbing off its husk. At that time, it establishes an obligation for separating Trumah.]
108) Abaya says; the argument between Rebbi and R' Yossi b. Yehuda is only with stalks of grain, but by legumes; since many people don't make piles of them, but bring bundles of them home for their stew, so everyone agrees that the bundling of them establishes them with the obligation to separate Trumah. A second version; their argument is only by stalks of grain, but by legumes everyone agrees that he's exempt from Trumah since they regularly only bring them in to make piles. [Tosfos quotes R' Shimshon of Coucy: in order that the two versions shouldn't be polar opposites, we must explain as follows. The first version holds that they only argue by grain that's brought to rub off the husks and eat, and they don't argue when they brought legumes into the house for the same purpose, that they're automatically obligated. However if legumes were brought in without any intent for what to use it for, their argument still stands. However, the second version refers to bringing them in without any specific intent, then there is an argument by grain, but legumes are exempt according to everyone. However, if they brought legumes in with intent to eat it by rubbing off the husk, their argument still stands.]
109) You're not obligated in separating Trumah from the wood of fenugreek despite that the wood taste like the fruit.
110) If you take off Maasar before the Trumah (before making it into a pile, where you don't need to separate Trumah for it), but it now becomes obligated to remove Trumas Maasar from it. Although you still hadn't made it into a pile, but the obligation comes from the calling the name 'Maasar' on it. they also require the Levi to fix the produce before giving it to the Kohein, like to make it into flour, oil or wine, as a fine because they transgressed the Torah prohibition of separating the Trumah and Maasar out of order.
111) The Chachumim say that Trumah Gedolah is separated in estimation (of a fiftieth), but Trumas Maasar needs to be measured and exact. However, Abba Elazar b. Gamal says that we learn through a Hekish that the same way that you separate Trumah through estimation and thoughts (i.e. you look at an area in the produce and have in mind that it should be Trumah, without any action or speaking), so too by Trumas Maasar. [Rashi says that we don't need this Hekish to teach us separating Trumas Maasar through thoughts since it's says it explicitly by Trumas Maasar. However, Tosfos brings the Yerushalmi that says the Trumas Maasar is not like the rest of the Torah, since its Psukim doesn't teach us about its own laws, but only about Trumah Gedolah. Therefore, that's the reason why it says the Pasuk about removing the produce that's together (and not from produce in one area on produce in a different area) by Trumas Maasar, and it's only applicable from the Torah by Trumah Gedolah, an only rabbinically obligated by Trumas Maasar.]
112) Massar Rishon that was taken off before Terumah Gedolah before the grain was made into a smooth pile, although you didn't take off Terumah Gedolah yet, it's not Tevel. However if you separate the Maasar Rishon after the grain was made into a smoothed pile, then you need to separate Terumah Gedolah from it, and it's Tevel. This we learn from a contradiction of Psukim whether it's obligated in Trumah, and we reconcile you're Chayiv only after it was made in a pile since it was already obligated in Trumah.
113) If you peel barley, you can peel them one at a time and eat it in order to avoid having it obligated in Trumah. However, if you peel a few at a time and store it on your lap, it's obligated in Trumah [Rashi: since you made it into an established eating. Tosfos: you finished its process.] However, you may do it on Shabbos. [Rashi says that you may peel it off the husks. Tosfos asks that we don't allow rubbing off the husks on Shabbos since it's like threshing. Rather, it means that the outer husk is off, but you need to remove the peel.] Even though we consider it as the end Melacha for Maasar, it's not considered a Melacha regarding Shabbos since you need a thought out/important Melacha.
114) Similarly, if you make a pile of onions, gourds or cucumbers inside your house, they become obligated in Maasar since it's the finishing Melacha, but you're not Chayiv for Shabbos for gathering these vegetables in your house and making a pile.
115) How do you rub the grains [Tosfos; on Yom Tov, since it's forbidden on Shabbos]? Abaya says that you place them between your thumb and your pointer and you rub. R' Yosef allows to rub the thumb against two fingers. Rava says; once this is anyhow a change from how it's regularly done, you may rub the thumb against all your fingers.
116) How do you blow away the impurities [Tosfos: on Shabbos, since it's permitted on Yom Tov to even use a funnel and large plate]? Rav says to blow only wile holding the grain on the tips of your fingers. However, they laughed at it in Eretz Yisrael. After all, once this is anyhow a change from how it's regularly done, you may have them over one whole hand and blow with all your might.
117) Beis Shammai says you can smash spices in a wooden mortar, and salt in a jug with a spoon (as a pestle). Beis Hillel permits smashing spices in a regular stone mortar, and salt in a wooden mortar. [Tosfos says: that, which we see in Shabbos that you can only smash one peppercorn at a time with the handle of a knife; that's only on Shabbos, (and not like R' Chananel who explains it by Yom Tov); but here we refer to Yom Tov. (After all, we should assume it refers to Shabbos since it's in Mesechta Shabbos and the Gemara doesn't qualify it that it refers to Yom Tov.) Also, we only need to worry about smashing sea salt, but our salts, which are man-made into larger chunks, may be smashed regularly.]
118) The reason that everyone holds that salt is more stringent than spices is an argument between R' Huna and R' Chisda. One says, since not every recipe requires any given spice, but we know it will need salt. Therefore, they required you to smash the salt from Erev Yom Tov, but not spices if your in doubt if you'll use them. The other says that the reason is because salt won't lose its potency if you grind it earlier, but spices lose their potency. The practical difference between the two reasons: if you know which recipe you'll use from before Yom Tov, or saffron that doesn't lose potency. [Tosfos says: you can smash garlic on Yom Tov even if you know that you'll use it, since it loses too much potency. Also, a bad spirit rests on it if you leave it smashed overnight.]
119) However, Shmuel says that you're allowed to smash everything regularly. He held like R' Meir who says that Beis Shammai and Beis Hillel only argue if you need to change the way you smash salt, (and Beis Shammai requires to smash it in a jar with a wooden spoon, and only enough to roast, but not to cook) but they allow smashing the salt regularly when it's together with spices, and, of course, it's allowed when you smash spices by itself.
120) R' Acha Bardila and R' Sheishes both held that you should still do some change to the smashing, that you should tilt the mortar.
121) [Tosfos quotes Ri: we must be stringent according to both reasons and forbid smashing spices regularly if you know what you're making for Yom Tov, and for saffron. We can't say that we should be lenient by a Safeik rabbinical prohibition since each reason has a stringency and a leniency. However, pepper is considered something that loses its potency. After all, we don't say that the practical difference is if you can smash pepper. However, other opinions in Tosfos holds that we should Paskin like Shmuel and you only need to tilt the mortar for salt. The Rif also Paskins this way. (However, you will get a Bracha from Heaven if your stringent to grind the spices you know you'll need on Yom Tov in large quantities (to make up for the lost potency) before Yom Tov) However, you can't grind spices in a mill since it's a weekday activity.]
122) It's forbidden to smash wheat in a large mortar, but you can't even smash the grain in four pieces in a smaller mortar, but you can smash it into two or three pieces [Rashi Tosfos: it's like smashing in an irregular way, since it's regularly made for spices and not grain]. Rava says: this is only to the people of Bavel who didn't have slaves who don't care about Halacha, but people in Eretz Yisrael who have such slaves are prohibited to smash even in small mortars. As the slaves would smash them in large mortars and claim that they really used small mortars.
123) Beis Shammai says: when you separate impurities from food on Yom Tov, you need to separate the food from the impurities and eat. However, Beis Hillel says to separate regularly in your lap or in a large plate or funnel; but not on a tablet, sieve or sifter.
124) [Tosfos says: it seems here from Beis Shammai that the way to separate is to remove the impurities from the food, so, therefore, to avoid it, you must take the food from the impurities. Although the Gemara in Shabbos says that the way to separate is to take food from impurities; that's just describing the point of separating, so that you take the food for yourself and throw away the impurities, but the action to separate is removing the impurities. Alternatively, if you have more impurities than food, then regularly, you'll remove the food from the impurities. However, if you have more food than impurities then, regularly, you'll remove the impurities from the food.]
125) R' Gamliel holds: Beis Hillel only allows removing the impurities from the food if the food is the majority, but if it's the minority, everyone agrees that you remove the food from the impurities. However, this can't be taken at face value since if there is more impurities, [Rashi explains: then it would be Muktza since the food is Batul in the impurities. Tosfos adds: and according to the last answer in Tosfos; it's also the regular way to do separating, which we're trying to avoid]. Rather, it refers to the case where the food has more volume, but each piece of impurity is smaller than the food and is harder to remove.
126) It's permitted to put beans in water so that the hay should float to the top and the dirt to sink to the bottom.
127) Beis Shammai says; you can't send gifts to your friends on Yom Tov unless they're prepared portions of food ready to eat. Beis Hillel permits sending animals and birds, whether alive or Shechted, oil, wine and flour, but not grain. R' Shimon permits sending grain since the wheat can be made into a stew, the barley can be given to animals and the lentils can be made into some lentil dish.
128) However, you can't send it with an entourage of three people since you're making it too public. However, it's an unresolved inquiry whether you can send three types of food with three people.
129) You may send clothes for Yom Tov, whether it's already sewn (which one can wear), or even if it's not sewn (that you can use for covering). It's even permitted if it's hard material made out of Shatnez, but not if it's from soft material. After all, you don't have any use from it since you can't even place it below you. Even though the Torah only forbade wearing or placing it upon you, the rabbis decreed not to place it below you since you might wrap a loose thread around your finger. They even forbade if you have ten mattresses on top of it. You can't make it into a curtain since the waiter warms himself within the curtains, as that's the reason that they're susceptible to Tumah.
130) [Tosfos says: that, which we permit Shatnez from hard material, it's only to spread under you, but you can't wear them. Rashi forbids to wear rabbinical Shatnez even when the material is hard. However, Tosfos permits since, if the soft material is only rabbinically Shatnez, we shouldn't be so strict when the material is hard.]
131) [Tosfos says: we wear a certain clothing that's stuffed with wool and linen since, if you made a small rip in it, you can remove all the Shatnez. However, this wouldn't be allowed if there were small swaths inside.]
132) Rava says: you can carry around a pouch of Shatnez for your money since it's hard and it doesn't warm the body, but not of grain since it's soft and warms the body. R' Ashi permits in both cases since it's not the normal way someone warms himself.
133) You can't send spiked sandals since it's forbidden to wear (as a remembrance of a tragedy that happened), but they can be moved on Yom Tov.
134) Don't send a shoe that's not sewn even if it's being held together with pegs.
135) You can't send a white shoe since you didn't have it blackened yet. If it was made with the hide that was facing the meat on the outside of the shoe, since it has folds and impurities, you can't send it even if it's blackened until you sand it down and smooth it out.
136) You may send Tefilin on Yom Tov, as the rule is: anything that you can have pleasure to use during the weekday [Tosfos adds; and there is no prohibition to wear it on Yom Tov like Tefilin], you may send it to a friend on Yom Tov. [Tosfos: this rule only excludes sending the spiked sandals, which is forbidden to wear on Yom Tov.]
137) If he's on the way [Rashi: on Erev Yom Tov; Tosfos: during the week]; and it's starts to get dark, and he's wearing Tefilin, he should wear it with his hand on his head until he gets to the first house near the wall if it's safe. Otherwise bring it to your house. The same applies to one sitting in a Beis Medrish and it starts becoming dark [according, to everyone: on Erev Yom Tov], he should wear it with his hand on his head until he gets to the first house near the wall if it's safe. Otherwise, bring it to your house. [Tosfos explains his opinion: the reason he just doesn't carry it in his hands during the weekday since we're afraid it will fall from his hands.]
138) However, this only applies to a place that's guarded from dogs, but not guarded from robbers (where there is no great disgrace for the Tefilin since most robbers were Jews). However, if it's not safe from dogs, even if you're not wearing them and they're laying on the ground, you may don them in order to wear them to a safe place.