Beitzah 24a — the Talmud in English

Rather,

this is the rule: Every ![](pamud.bmp "

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one that requires trapping —

is forbidden, and one that does not require trapping —

is permitted.

Gemara:

And it raises a contradiction

from that which we learned:

With regard to enclosures of wild animals and of birds —

one may not trap from them on a Festival, and one may not place food before them.

It is difficult: wild animals compared with wild animals.

And

it is difficult: birds compared with birds!

Granted, wild animals compared with wild animals are not difficult;

this —

Rabbi Yehuda, this —

the Rabbis.

For we learned: Rabbi Yehuda says: One who traps a bird into a tower or a deer into a house —

is liable.

And we must infer: One who traps a deer

into a house is liable, but

one who traps a deer

into an enclosure —

is not

liable!

And the Sages say:

One who traps

a bird into a tower, and

one who traps

a deer into a garden, or into a courtyard, or into an enclosure.

Rather, birds compared with birds —

it is difficult!

And if you would say

that

this too is not difficult:

For

this —

in a roofed enclosure,

whereas

this —

in an enclosure that is not roofed.

It is still difficult:

But a house, which

is like

a roofed enclosure, and according to both Rabbi Yehuda and the Rabbis

one who traps

a bird into a tower —

yes,

he is liable, but one who traps a bird

into a house —

no,

he is not liable.

Rabba bar Rav Huna said: Here —

we are dealing with a sparrow, which does not accept authority.

For the school of Rabbi Ishmael taught: Why is its name called “a free bird

? On account of

that

it

dwells in a house as

it does

in a field.” Now that you have arrived at this,

wild animals compared with wild animals are also not difficult.

This

that he is liable —

in a small enclosure, this —

in a large enclosure.

And the Gemara explains:

What are the circumstances of a small enclosure,

and

what are the circumstances of a large enclosure?

Rav Ashi said: Wherever, when he runs after it,

when he runs after it in order to catch it

and reaches it

and arrives at it

with one crouching,

when he makes one crouching movement toward it, it is

a small enclosure.

And the other —

it is

a large enclosure.

Alternatively: Wherever there are corner after corner,

corners and angles to which it can flee, it is

a large enclosure.

And the other —

a small enclosure.

Rabban Shimon ben Gamliel says: Not all enclosures are alike!

Rav Yosef said that Rav Yehuda said that Shmuel said: The halakha is in accordance with Rabbi Shimon ben Gamliel.

Abaye said to him

to Rav Yosef:

The halakha —

by inference, do they disagree!?

He said to him

Rav Yosef to Abaye:

And what difference does it make to you

if they disagreed about the matter, when you know the halakha?

He said

he answered

to him

Abaye to Rav Yosef, with a known proverb of fools: It interests me to know whether they disagreed about the matter, even if I know the halakha, so that my learning should not be in the category of what is said to a foolish student, who does not know how to distinguish truth from error:

“Learn the Gemara,

learn your learning without having to distinguish in it between truth and error, and

let it be a song!”

May your “learning” benefit you so that you may sing it and make a song of it.

We learned in the Mishna:

“This is the rule: Everything that requires trapping, etc.”

And we considered it:

What are the circumstances of “one that requires trapping

?”

Rav Yosef said that Rav Yehuda said that Shmuel said: Anyone of which one says, “Bring a trap, and we shall trap it.”

Abaye said to him: But geese and chickens, of which one says, “Bring a trap, and we shall trap them

,”

and

nevertheless

it was taught: One who traps geese and chickens and Herodian doves —

is exempt!

Rabba bar Rav Huna said that Shmuel said: These return to their coop in the evening.

And these do not return to their coop in the evening.

And we refute:

But what of dovecote doves and attic doves, which return to their coop in the evening, and

nevertheless

it was taught: One who traps dovecote doves and attic doves, and birds that nested in jugs in towers —

is liable!?

Rather,

there is another way to resolve it:

Rabba bar Rav Huna said that Shmuel said: These return to their coop in the evening, and their food is upon you.

And these return to their coop in the evening, but their food is not upon you.

Rav Mari said

another resolution:

These —

are destined to multiply. And these are not destined —

to multiply.

And we refute:

Are they all not also —

destined to multiply!?

And we answer:

We say that they are destined to multiply with regard to their coops.

Mishna:

With regard to traps for wild animals, birds, and fish that one made on the eve of a Festival —

one may not take from them

what was trapped in them

on the Festival, unless he knows that they were trapped on the eve of the Festival.

And there was an incident involving a certain gentile who brought fish to Rabban Gamliel, and he said

Rabban Gamliel:

“They are permitted, but I do not wish to accept from him.”

Gemara:

And we considered it: Why does the Mishna bring

an incident that contradicts

the halakha stated in it?

And we answer:

The Mishna is deficient

in our Mishna

and this is what it teaches

in it:

An item of doubtful preparation —

is forbidden.

And Rabban Gamliel permits.

And there was also an incident involving a certain gentile who brought fish to Rabban Gamliel, and he said: “They are permitted, but I do not wish to accept from him.”

Rav Yehuda said that Shmuel said: The halakha is not in accordance with Rabban Gamliel.

And there are those who teach it with regard to this, as it was taught: An item of doubtful preparation: Rabban Gamliel permits, and Rabbi Yehoshua forbids.

And concerning this

Rav Yehuda said that Shmuel said: The halakha is in accordance with Rabbi Yehoshua.