025a – Bechoros - Page 25a – 025a - הלוקח בהמה פרק שלישי בכורות דף כה, ע"א

[speaking foreign language] Page twenty-five, side A.

So he said that in the case of Yom Tov that would be permissible.

So according to this, the reason why Rabbi Yesi and Shula permitted in our Mishnah is because something which you're not intending, [speaking foreign language] is mutar, is permissible.

So fragte Gemara, [speaking foreign language] could possibly Rav say sooo, like Hanania quoted in the name of Rav that is permissible to remove the hair for the Shechita on Yom Tov.

Because even if he's going to, uh, be detaching the hairs, it's gonna be in the Mesakaven, it's mutar.

[speaking foreign language] But Rabbi Chiya, the son of Ash, he said name of Rav, [speaking foreign language] That is the closing, the stopper of the, um, of the spout of the barrel.

You have a barrel of wine or beer, and there's a spout over there, and then you have a stopper, and you stop it by using, uh, garments that have been, uh, used-- used up garments, and you close up the hole with them.

So he says, also la duke.

So you're not allowed to squeeze tight, push in the garments so that it should close well.

[speaking foreign language] Because what happens is when you tighten, you put in those garments, you're actually squeezing now from the wine that has been in the, in the garments.

But the way to do it is you leave the, uh, the, the [speaking foreign language] the, the, the, these garments, you put them in a very, uh, in a non-tight way, in a loose way.

But so what do we see from this halakha? Even though that when he is putting in the garment over there, he has no intention of squeezing the wine of it.

What he's doing it is only to close up the hole that is in the, uh, that is in the spout.

And still, Rav says you can't do so on Yom Tov.

So we see that a דבר שאינו מסקבן, something which you're not intending to do is still prohibited on Yom Tov.

So how could it be quoted that Rav Hanania said name of Rav that he allows to remove the place of Shechita on Yom Tov even though that he is, uh, detaching? And the Gemara answers that we cannot compare these two cases to one another because he, in the case when you're closing up the spout, אפילו רבי שמעון מודה.

In that case even Rabbi Shimon who says in the Gemara Shabbos chaf alef, chaf beis amud alef and other places that something which is not intended, that you don't intend to do the melacha is permissible with מודה that he agrees that it's prohibited to tighten the garment.

אבא ורבה דבריו because both אבא and רבה they both say, מודה רבי שמעון בסיק רישא ולא ימול.

That Rabbi Shimon will agree that if you cut the head and shouldn't die, which means, uh, if somebody cuts the head of the animal, and he says, "Oh, I don't intend for the animal to die." Since through the action the animal definitely is gonna die, then we don't say this argument that he's not intending to do so because it's gonna happen regardless.

So likewise, when you are pushing that garment in the opening of the, uh, the barrel, so it's definite that the garment is going to be squeezed.

So then you cannot permit it and say, "Well, you're not intending it." But when you are moving away the hairs to the side for the purpose of Shechita, it's not a definite that the hairs will be detached.

So that's why Rav permitted also on Yom Tov, uh, to do that.

So it turns out that from what Rav rules with regards to tightening the barrel, you can't prove that he holds that something which you're not intending is also.

Fragte Gemara because that's more-- that is a-- that's a פסק רישא, that's why it's also.

Fragte Gemara, Gemara asks, והוא אמר רבי חייא בר אשי אמר רב הלכה כרבי יהודה.