Daf Yomi - Beitza 38 - Highlights # 1

THE FATTENER AND THE SHEPHERD

Shmuel rules that if one purchases an ox from a fattener on Yom Tov, the ox must remain in the techum boundary of the person who bought the ox. Rashi explains that this halacha applies even if a person from another city buys the ox. The reason why the techum for the ox is established by the buyer even though he was not the owner until after Yom Tov began is because Shmuel holds of the principle of bereira in this case because it is clear that the fattener intends to sell this animal. This law applies even if the purchaser was from another city since it was extremely common for a person to travel from one city to the city where the fattener resides in order to buy an ox from him.

If the ox is purchased from a shepherd, the ox must remain in the techum boundary of the person who bought the ox providing that he is from this city. A shepherd’s animals, which are not specially fattened, are usually only sold to the residents of that particular city. If an outsider bought the ox, the purchaser cannot move the animal outside the techum of the residents of that city. (38a)