Beitzah Daf 8 ביצה דַף 8

The opening Mishnah of the Masechta concluded שאפר כירה מוכן הוא – for the ashes of a stove are considered prepared for use on Yom Tov. The Gemara questions the connection of this ruling to the preceding ruling in the Mishnah, since there was no mention of ashes of a stove. Rabbah explains that it means to say ואפר כירה מוכן הוא – and the ashes of a stove are considered muchan, meaning, that it is an independent ruling. Rav Yehudah said in the name of Rav, that when they taught ash is permitted, they spoke only with respect to wood that was burnt before Yom Tov, but ash that was burnt on Yom Tov is prohibited. Rashi explains that if the wood converted to ash before Yom Tov, we assume that prior to Yom Tov the owner had in mind to use the ash for whatever purpose he will require. Therefore, the ashes are not muktzeh. However, if the wood was not yet in the form of ashes before Yom Tov, it cannot be assumed that before Yom Tov the owner had intent to use the ashes that eventually will be created.

It was taught in a Baraisa: הכניס עפר לגנתו ולחורבתו מותר לכסות בו – If someone brought a large pile of earth into his domain, which he intends to use in his garden or churvah, he is permitted on Yom Tov to use it to cover the blood of a shechted animal with this earth, or for any other purpose. Rav Yehudah said: מכניס אדם מלא קופתו עפר ועושה בה כל צרכו – A person may bring a basketful of earth into his house before Yom Tov and use it for all of his needs on Yom Tov. The point of Rav Yehudah’s teaching is that we do not say that since it is only a small amount, the earth merges and becomes one with the floor of the house, in which case it would be considered muktzeh. Mar Zutra expounded on Rav Yehudah’s ruling and said: והוא שייחד לו קרן זוית – This leniency applies only where a particular spot had been set aside for the storage of the earth, meaning it was piled up in one place, not spread out on the ground.

The Gemara challenges Rav Yehudah’s ruling that it is permissible to use earth that was brought into one’s domain, based on a Mishnah in Chullin regarding a koy, which is a species of animal which is a safek chaya, and questionable whether there is a mitzvah to cover its blood. The Mishnah states that one may not shecht a koy on Yom Tov ואם שחטו אין מכסין את דמו – and if one shechted it, one may not cover its blood. Now if it is true that if earth from a small pile in one’s house may be used, let him cover the koy’s blood with it, as taught by Rav Yehudah? The Gemara responds that even if one may not use such earth, the Mishnah is difficult because one could suggest that he cover the koy’s blood with ash from a stove or by extracting earth from the ground with a spade that is already inserted in the ground! After a number of explanations are rejected, Rava said: אפר כירה דעתו לודאי ואין דעתו לספק – One who prepares stove ash has in mind to use for definite obligations, but not for doubtful obligations, such as the blood of a koy. This ruling is consistent with Rava’s other ruling, that if one brought a pile of earth into his domain to cover a child’s feces with it, if the need arises, he is allowed to cover the blood of a bird that he intends to shecht on Yom Tov, but if he intends to use it to cover the blood of the bird, he is not allowed to cover the child’s feces with it. Earth intended for use of a definite need is not considered prepared for a mere contingency. Therefore, he may not use it to cover the koy’s blood. The Gemara brings a dissenting view of the Neharbelai, who consider the need to cover a child’s feces as a likelihood, and not a mere contingency.