Beitzah 24A

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Text Excerpt

המחוסר צידה ⁠— אסור, ושאינו מחוסר צידה ⁠— מותר.

inside such an enclosure whose trapping is inadequate, meaning that the enclosure is large and contains hiding places so that it is still necessary to pursue and apprehend the animal, it is prohibited for one to catch it; and with regard to any animal whose trapping is not inadequate, as it is possible to seize it immediately without having to engage in further pursuit, it is permitted for one to catch it.

גמ׳ ורמינהו: ביברין של חיה ושל עופות ⁠— אין צדין מהם ביום טוב ואין נותנין לפניהם מזונות. קשיא חיה אחיה, קשיא עופות אעופות!

Talmud: And the Talmud raises a contradiction from what is stated in the Tosefta: From enclosures of animals and of birds, one may not trap animals or birds on a Festival, nor may one place food before them. This is difficult due to a contradiction between the ruling with regard to an animal in the Mishnah and the ruling with regard to an animal in the Tosefta. This is similarly difficult due to a contradiction between the ruling with regard to birds in the Mishnah and the ruling with regard to birds in the Tosefta.

בשלמא חיה אחיה לא קשיא: הא רבי יהודה, הא רבנן.

The Talmud resolves the first contradiction: Granted, with regard to the contradiction between the ruling concerning an animal in the Mishnah and the ruling concerning an animal in the Tosefta, it is not difficult, because this, the baraita that prohibits trapping and feeding animals in the enclosures, is in accordance with the opinion of R' Yehuda, who holds that an animal trapped in an enclosure whose trapping is inadequate, i.e., it is still necessary to pursue and apprehend the animal, is not considered trapped, and therefore one may not trap it from the enclosure on a Festival. Whereas that, the Mishnah that permits trapping and feeding the animals in the enclosures, is in accordance with the opinion of the Rabbis, who maintain that an animal in an enclosure is considered trapped, and therefore removing it from there is not considered an act of hunting.

Text data via Sefaria: William Davidson Edition - English and William Davidson Edition - Vocalized Aramaic, CC-BY-NC; edition provenance: Koren. Display terminology has been modernized for readability.