Study Beitzah folio 5B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
ובקש להפקירו לעניים. אמרו לו תלמידיו: רבי, כבר נמנו עליך חבריך והתירוהו. מאן חבריך — רבן יוחנן בן זכאי.
and he sought to render the fruit ownerless in favor of the poor, for whom it would be worth the effort to bring the fruit to Jerusalem. His students said to him: Rabbi! there is no need to do so, as your colleagues have already voted for you and permitted it. The members of the Sanhedrin have already taken a vote and permitted the redemption of the fruit of a 4th-year grapevine even near Jerusalem. The reason is that after the destruction of the Temple there is no need to adorn the markets of Jerusalem. The Talmud explains: Who are: Your colleagues? This is referring to Rabban Yoḥanan ben Zakkai.
טעמא דנמנו. הא לא נמנו — לא.
The Talmud infers from the baraita: The reason is that they explicitly voted to annul the decree, which indicates that if they had not voted, the ordinance would not have lapsed on its own, despite the fact that its justification was no longer applicable. Similarly, the prohibition of a laid egg is not nullified, as it was never explicitly permitted.
מאי ״ואומר״? הכי קאמר, מכדי כתיב ״היו נכונים לשלשת ימים אל תגשו אל אשה״, ״לך אמור להם שובו לכם לאהליכם״ למה לי? שמע מינה כל דבר שבמנין — צריך מנין אחר להתירו.
The Talmud seeks to clarify why Rav Yosef cited two verses as proof. The Talmud asks: What is the reason for: And it says? Why does Rav Yosef find it necessary to quote a second verse? The Talmud explains that this is what he is saying. Now since it is written: “Be ready for the 3rd day, do not come near a woman” (Exodus 19:15), why do I need the verse “Go, say to them: Return to your tents” (Deuteronomy 5:26)? After 3 days the prohibition would lapse in any case. Conclude from this that any matter established by a vote requires another vote to permit it.