Wednesday, April 30, 2014

Rambam (Eyin Mishpat) on Daf Yomi, Beitzah 31 (30th of Nissan, 5774)

Laws of Shevitat Yom Tov

Chapter 2


Halacha 9

When a [closed] building was filled with produce that had been designated [for use] and was opened [by natural forces on a holiday], one is permitted to take [produce] from the opening.

A person who stands and surveys fruit set out to dry on the day prior to a holiday in the Sabbatical year, when all the produce is ownerless, must make a mark and say, "I will take [the produce] from here to here." If he did not make a mark, he may not take [the produce].


Halacha 10

[The following rules apply] when a gentile brings a present [of food] for a Jew on a holiday: If some of the type of produce that he brings is still attached to the ground [in the fields], or if he brought an animal, fowl, or fish that could possibly have been snared on the day [of the holiday], they are forbidden until the evening. [Moreover, one must wait] enough time for it to have been possible to perform [the forbidden activity after the conclusion of the holiday]. Even [if the gentile brings] a myrtle or the like, one should not smell its fragrance until the evening, after waiting the time necessary [to pick it].

If none of the type of produce that he brings remains attached to the ground, or it is clear from the form [of the produce] that it was picked on the previous day, or it is clear from the form [of the fish or the animal] that they were caught on the previous day, they are permitted, provided they were brought from within [the city's 2000-cubit] limit. If they were brought from outside [the city's 2000-cubit] limit, they are forbidden.

Food that was brought from outside [the city's 2000-cubit] limit for one Jew is permitted to be eaten by another.


Halacha 12

It is forbidden to chop wood that had been placed in a pile of beams, for it is muktzeh. Nor may one [chop wood] from a beam that broke on a holiday, because it is nolad. Similarly, utensils that broke on a holiday may not be used for kindling, because they are nolad.


However, one may use utensils that are intact or utensils that were broken before the commencement of a holiday for kindling, for they were prepared to be used for purposes [other than that for which they were originally suitable] before the holiday.

Similarly, when nuts or almonds were eaten before the commencement of a holiday, their shells may be used for kindling on the holiday. If, however, they were eaten on the holiday, their shells may not be used for kindling.

There are, however, versions [of the Talmud] that read: If they were eaten before nightfall, we may not use their shells for kindling, because they have become muktzeh. If, by contrast, they were eaten on the holiday, they may be used for kindling, because they are considered to be designated for use, because of the food [they contained].

Halacha 14

We may take wood that is placed next to the walls of a hut to use for kindling, but we may not bring it from the field, even if it had been collected there on the day before [the holiday]. One may, however, collect wood lying before him in the field and kindle it there.

One may also bring [wood] that was stored in a private domain, even one that was not enclosed for the purpose of human habitation, provided it has a fence with a gate, and is located within the Sabbath limits. If even one of these conditions is not met, [the wood] is muktzeh.

Halacha 15

Although the leaves of reeds or vines have been collected in an enclosure, since they can be dispersed by the wind it is considered as if they have already been dispersed, and [using them] is forbidden. If, however, one placed a heavy utensil over them before the holiday, they are permitted [to be used].

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