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Week 38 - Shabbat - 19 August 2000

BETZAH: CHAPTER 3: MISHNAH 8

A person may say to his fellow, "Fill this utensil for me," but not by measure. R. Yehudah says, If it was a measuring utensil, he may not fill it. It occurred with Abba Shaul ben Batnit, that he would fill his measures before Yom Tov and give them to his clients on Yom Tov. Abba Shaul says, Even on the mo'ed he does so because of the clearness of the measures. But the Sages say, Even on a weekday he does so, because of the exactness of the measures. A person may go to a storekeeper with whom he is familiar, and say to him, Give me eggs and nuts by number, for it is customary for the householder to count in his house.

Kehati

A person may say to his fellow - who is a storekeeper, on Yom Tov, "Fill this utensil for me" - with oil or wine, even if it is a measuring vessel used for this purpose, but not by measure - but he does not mention any quantity like "Fill this log for me," etc., but one merely says to him, "Fill this utensil for me," for since such expression is used on weekdays only when lending or giving a present, but not when selling, one may use it on Yom Tov even when using a measuring vessel.

R. Yehudah says, If it was a measuring utensil, he may not fill it - even if he says merely, "Fill this utensil for me." That is Rava's interpretation of this mishnah in the Gemara; and Rambam rules - according to this interpretation - in accordance with the Sages, for he writes (Hil. Yom Tov 4:21), "One says to a storekeeper, 'Fill this utensil for me and tomorrow I will pay you its value,' and even if he uses a measuring vessel, he may fill it, provided he does not name the quantity." Others explain the mishnah according to the interpretation of R. Yehudah in the name of Shmuel (in the Gemara): "A person may say to his fellow, 'fill me this utensil,' but not by measure" - i.e., with a measuring utensil; but any vessel which is available to be used as a measure, in case the one being used should break, but has not yet been used as such, may be filled." R. Yehudah says, "If it was a measuring but is not actually a measuring vessel (Rambam's Mishnah Commentary; Bartenura). The halakhah is in accordance with the First Tanna.

It occurred with Abba Shaul ben Batnit, that he would fill his measures before Yom Tov and give them to his clients on Yom Tov - because one may not fill measuring utensils on Yom Tov. Abba Shaul says, Even on the mo'ed - the intermediate days of the festival, he does so because of the clearness of the measures - many people came to study with Abba Shaul on the intermediate days of the festival, for they did not work then, and he did not have time to fill each utensil properly and make sure that there was no froth on top. He therefore filled all his utensils the previous night.

But the Sages say, Even on a weekday he does so - he would fill his measuring utensils with oil on the previous night, and then pour the oil into the utensils his clients had brought to him, because of the exactness of the measures - so that all the oil of the measure would be poured into the clients' utensil. According to some commentators, he had many measuring utensils, and he would measure for each client, and let the measures drip into the clients' utensils the whole night (Rashi; Bartenura). Yet others explain that he would measure for each person the previous night, so that he would have time to ensure that the full measure of oil dripped into each client's utensil (Hameiri). A person may go - on Yom Tov, to a storekeeper with whom he is familiar - who gives him credit without stating a price, and say to him, Give me eggs and nuts by number - such as, "Give me ten eggs" or "fifty nuts,"

For it is customary for the householder to count in his house - therefore the mentioning of the number is not considered to be trading.

BETZAH: CHAPTER 4: MISHNAH 1

One who takes wine jars from place to place, may not bring them in a basket or a hamper, but he takes them on his shoulder or in front of him. So, too, one who transports straw, may not hang the hamper behind him, but brings it in his hand. And one may begin on a straw pile, but not with wood in a muktzeh.

Kehati

This mishnah deals with activities that may not be performed on Yom Tov the same way as on weekdays.

One who takes wine jars - on Yom Tov, from place to place - within the tehum - the permitted walking bounds of 2000 cubits beyond the city perimeter, may not bring them in a basket or a hamper - a large basket, because it is weekday-like, but he takes them - a few jars on his shoulder or in front of him - either in his hands or clutched against his body, thus being apparent that he is carrying them for his Yom Tov needs.

So, too, one who transports straw - a hamper full of straw for heating or feeding one's animals, may not hand the hamper behind him - as he does on weekdays, but brings it in his hand - not in the usual manner.

And one may begin on a straw pile - one may start taking straw from a stack on Yom Tov for heating, even though he did not prepare it for this purpose before Yom Tov, but not with wood in a muktzeh - the open area behind a house is referred to as muktzeh, because it is used for storing wood, fruit, etc.; one may not start using on Yom Tov the wood stored there because it was not set aside for heating. The Gemara explains that this mishnah is in accordance with R. Shimon, who generally does not prohibit muktzeh, and therefore one may begin taking straw from a stack on Yom Tov. As to the large cedar beams stored in the back yard for construction purposes, they are "muktzeh because of their high value," which R. Shimon also forbids. According to some rabbis in the Gemara the mishnah is in accordance with R. Yehudah, who forbids muktzeh on the Sabbath and Yom Tov, and therefore the wood in the back yard cannot be used on Yom Tov, even if not expensive, because they are muktzeh, and therefore not usable. However, the straw pile in the mishnah is one that has begun to emit a bad odor, being unfit for animal fodder, nor is it suitable for building material because it has many thorns. Thus, it is only suitable for burning. One may therefore start taking from the straw stack on Yom Tov for heating, for which it is prepared.

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