Beitzah Daf 34 ביצה דַף 34

The Gemara brings a Mishnah from Chullin that teaches: דרסה או שטרפה בכותל – If someone trod on a bird or knocked it against the wall, or if an animal crushed it and it still flutters but  is unable to stand explains Rashi, ושהתה מעת לעת ושחטה כשרה – if it remained alive for twenty-four hours and he shechted it, it is kosher. Rebbe Elazar bar Yanai said in the name of Rebbe Elazar ben Antignos צריכה בדיקה – the bird requires inspection after it is shechted to check for internal injuries. Rebbe Yirmiyah asked Rebbe Zeira: מהו לשחטה ביום טוב – What is the halachah with regard to shechting it on Yom Tov, after it lived twenty-four hours? מי מחזקינן רעותא ביום טוב או לא – Do we assume that a problem exists, out of concern of violating Yom Tov, or not? Rashi explains that since shechting a treifah animal is assur mid’Oraysa on Yom Tov, and in this case, there is a greater chance that the bird is a treifah, do we prohibit the shechitah? Rebbe Zeira attempted to answer the question, based on our Mishnah that prohibits heating new tiles to roast on them because they might crack. Similarly, shechitah should be prohibited because the bird could be a treifah. Rebbe Yirmiyah rejected his proof, saying that heating the new tiles on Yom Tov is prohibited because it is necessary to harden them.

The next Mishnah states: And Rebbe Eliezer said another thing: עומד אדם על המוקצה ערב שבת בשביעית – A person may stand next to foodstuffs that are muktzeh on Friday during the Sheviis year and declare: מכאן אני אוכל למחר – From here I will eat tomorrow. The term muktzeh, refers to figs and grapes that were set in the sun to dry. During the drying process they become inedible. Rashi explains that the fruits discussed here are somewhat edible and some people would eat them, while others would allow them to dry longer. Therefore, their muktzeh status depends on their owner. If he declared his intention to eat them in their present state, they are designated and no longer muktzeh. Rebbe Eliezer only requires an oral designation to remove the muktzeh status and one does not have to decide specifically which produce will be eaten since he relies on the principle of ברירה. The Chochomim disagree and say that he must mark off the portion to eat and declare: מכאן ועד כאן – I will eat tomorrow from here to here. Rashi explains that the Chochomim reject the principle of ברירה.

The Gemara brought a Mishnah from Maasros that taught that if children hid figs in the field prior to Shabbos, with the intention of eating them on Shabbos but forgot and did not tithe them, on motzai Shabbos they might not eat them even as a snack, unless they take maasros. Their designation for eating them on Shabbos creates a tithing obligation. A second Mishnah from Maasros taught that although a chatzeir also creates a tithing obligation, this is true only if there is גמר מלאכה of the produce, meaning, that the processing of the produce has been completed. Rava asked Rav Nachman שבת מהו שתקבע מוקצה למעשר – Does Shabbos establish an obligation for “muktzeh” produce, which is produce that has not been completely processed, to be tithed? Do we say that since the passuk states: "וקראת לשבת עונג" – You shall proclaim the Shabbos a pleasure, קבעה ואפילו שלא נגמרה מלאכתו – the Shabbos establishes an obligation even for produce that has not had its gmar melachah, or not? Rav Nachman answered לימוד ערוך הוא בידינו שהשבת קובעת – it is a fully developed teaching in our hands that the Shabbos establishes a chiyuv to take maasros whether the processing was completed or not. The Gemara will challenge Rav Nachman’s position.