Monday, October 30, 2006

Daf Yomi - Beitza 3 - Picking Fruit on Yom Tov

Rav Yosef maintains that the reason Bais Hillel posits that an egg that was laid on Yom Tov may not be eaten is because the egg is similar to a case of fruit that fell off a tree on Yom Tov. If we would permit the egg to be eaten, people would think that it is permitted to eat the fruit that fell off a tree on Yom Tov The reason one cannot eat the fruit that fell from the tree on Yom Tov is because if the fruits that fell form the tree would be permitted, one might climb the tree and pick the fruit, which is a violation of the act of reaping, a biblically prohibited melacha. Rav Yitzchak disagrees with Rav Yosef’s comparison of the egg to the fruit because an egg is contained within the hen whereas a fruit is in the open, so an egg is not included in the decree of fruit that falls on Yom Tov.

Rashi writes that picking the fruits from the tree would be biblically prohibited under the category of reaping which is an av melacha, a primary prohibited act of labor. This is difficult to understand as our case pertains to Yom Tov and this should be permitted on Yom Tov as picking the fruit is performed in preparation for the food.

The Rashba in Shabbos (95a) proves from this Gemara that it is biblically prohibited to cut something that is still connected to the ground even if the act is in preparation for the food. The Rashba cites Tosfos, however, who maintains that it would be permitted to cut something that is still connected to the ground since it is for the preparation of food. The Rashba explains that according to Tosfos our Gemara would refer to a case where one picks the fruit at the end of Yom Tov and it cannot possibly be used anymore in preparation for food for this Yom Tov. In such a case it would be biblically forbidden to pick the fruit.

Pnei Yehoshua (end of 2b) cites Rashi who writes that one is prohibited from eating an egg that was laid on Yom Tov on account of the decree of fruits falling from a tree on Shabbos. The Pnei Yehoshua wonders why Rashi mentions Shabbos when our Gemara is discussing Yom Tov. The Pnei Yehoshua quotes his grandfather, the Maginei Shlomo, who writes that Rashi is of the opinion that tolesh, the act of reaping fruit, is rabbinically forbidden on Yom Tov because it could have been performed prior to Yom Tov. The primary reason for the decree was because of Shabbos and not because of Yom Tov. This is not considered a gezeirah ligzeira, a decree on account of another decree, as Shabbos and Yom Tov are considered one.

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