Zichru Daf Simanim
Siman - Beitzah Daf 37
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  • ואלו הן משום מצוה

The Mishnah on 36b stated: ואלו הן משום מצוה – And these are the activities that are outright mitzvos but were nonetheless prohibited by the Rabbanon on Yom Tov: לא מקדישין ולא מעריכין ולא מחרימין ולא מגביהין תרומה ומעשר – We may not consecrate, nor make assessment vows, nor make a cherem, (which is pronouncing an object that one owns as set aside for priestly or Temple use), nor separate terumah or maaser. The Gemara on our Daf explains that the reason that one may not consecrate, nor make assessment vows, nor make a cherem, is because of a גזרה משום מקח וממכר – a precautionary decree because of their similarity to commerce, since the ownership of an object is transferred to the Temple treasury. Rav Yosef taught that the reason the ruling prohibiting separate terumah or maaser is needed is to prohibit the case when one separates terumah in order to give it to the Kohen on that day. Rashi explains that since it does not appear to be an act of terumah separation, as people will think it is being brought to the Kohen for simchas Yom Tov, one might come to think that it is permitted.

  •  המוסר בהמתו לבנו או לרועה הרי אלו כרגלי הבעלים

The next Mishnah states: הבהמה והכלים כרגלי הבעלים – Livestock and utensils are accorded a techum boundary like that of the feet of their owners. המוסר בהמתו לבנו או לרועה הרי אלו כרגלי הבעלים – If one entrusts his animal to his son or to a shepherd on Yom Tov, these animals are a accorded a techum like their owners. The Gemara notes that the Mishnah is not in accordance with Rebbe Dosa, who taught in a Baraisa that if one entrusted his animal to a shepherd, אף על פי שלא מסרה לו אלא ביום טוב – even if he did not hand it over to him until Yom Tov, הרי היא כרגלי הרועה – it is accorded a techum like the feet of the shepherd. The Gemara answers that there is no conflict, and you can even say that the Mishnah accords with Rebbe Dosa. The Baraisa’s case refers to a town with one shepherd, so that it was clear that the animal would be entrusted to him; it therefore assumes his techum. Whereas the Mishnah refers to a town with two shepherds, so that it was not clear before Yom Tov who the animal would be entrusted to.

  •  Two people who purchased a barrel of wine and an animal in partnership before Yom Tov

It was said: שנים שלקחו חבית ובהמה בשותפות – If two people purchased a barrel of wine or  an animal for slaughter in partnership before Yom Tov, and divided the wine and meat on Yom Tov, Rav said: חבית מותרת ובהמה אסורה – The wine in this barrel is permitted, meaning it may be carried by each of the partners throughout his techum area, while the meat of the animal is prohibited, except within their common techum area. But Shmuel said: חבית נמי אסורה – The wine in the barrel is also prohibited, except within the common techum area. Rashi explains that Shmuel does not accept the principle of ברירה. The Gemara asks what Rav holds. If he holds of ברירה, then even the shares of the animal should be permitted through each other’s techum, and if he does not hold of ברירה, then even the shares of wine should be prohibited? The Gemara answers that Rav does hold of ברירה, except that an animal is different since it was alive at the onset of Yom Tov דקא ינקי תחומין מהדדי – and the two shares, which have different techum boundaries, draw sustenance from each other. Thus, each share contains nutrients drawn from the other share, making it subject to the other techum boundary as well. Rav Kahana and Rav Assi question Rav on this.

Siman – Laser Tag. The new Yom Tov themed Laser Tag Park, which prohibited consecrating laser guns because of their similarity to commerce, required participants to shoot at livestock that always followed the feet of a single Shepherd, and awarded bonus points for hitting the "Partnership Animal" which drew sustenance from two separate techumim.

Rabbi Avraham Goldhar

Rabbi Avraham Goldhar has been designing and teaching Jewish literacy courses for over thirty years. His knowledge frameworks for Biblical mastery, Jewish History, Talmudic Law & Jewish Holidays enable students of all backgrounds to better integrate Jewish concepts and learn systematically. After serving as the Educational Director of Aish HaTorah New York, Avraham launched GoldharSchool.com, Home of Big Picture Jewish Education, featuring Jewish literacy content for schools and individuals. He is the developer of the Goldhar Method, a revolutionary learning system that integrates memory into the learning process and has trained over 80,000 students, teachers and professionals. He lectures internationally on the topic of academic mastery and the solutions required to raise the bar in education. Avraham learned in Aish HaTorah, Mir, and Chaim Berlin and received his ordination under the tutelage of Rabbi Yitzchok Berkovits in Jerusalem.