Beitzah 24a (כד.) — the Talmud in English

Rather,

this is the principle: Any

that requires trapping—

is prohibited, while anything that does not require trapping—

is permitted.

Gemara:

And we raise a contradiction

from that which we learned:

With regard to enclosures of wild animals and birds—

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

This is difficult from the case of wild animals to the case of wild animals.

And

it is difficult from the case of birds to the case of birds!

Granted, the case of wild animals compared with the case of wild animals is not difficult;

This—

is the opinion of Rabbi Yehuda; this—

is the opinion of the Rabbis.

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

is liable.

And we should infer: It is only one who traps a deer

into a house who 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, the case of birds compared with the case of birds—

is difficult!

And if you would say

that

this too is not difficult:

For

this—

is referring to a roofed enclosure,

whereas

that—

is referring to an enclosure that is not roofed.

It would still be difficult:

But a house, which

is similar to

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—

is not

liable.

Rabba bar Rav Huna said: Here—

we are dealing with a free bird, which does not submit to human authority.

As the school of Rabbi Yishmael taught: Why is it called a “free bird”

? Because

it

is

at home just as it is

in

the field.

Now that you have arrived at this explanation, the case of wild animals compared with the case of wild animals is also not difficult.

This

where one is liable—

is referring to a small enclosure; this—

is referring to 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, if he runs after it

when he runs after it to catch it

and reaches it

and catches up with it

in one movement,

when he can reach it in a single swimming motion, it is

a small enclosure.

And the other—

it is

a large enclosure.

Alternatively: Wherever there are recesses upon recesses,

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—

does that imply that they disagree!?

He said to him

Rav Yosef said to Abaye:

And what difference does it make to you

whether they disagree about the matter, since you know the halakha?

He said

he replied

to him

Abaye replied to Rav Yosef with a well-known proverb about fools: I am interested in knowing whether they disagree about the matter, even if I know the halakha, so that my learning will not be like what is said to a foolish student, who cannot distinguish between truth and error:

“Study your learning thoroughly,

learn your subject without having to distinguish within it between truth and error, and

let it be a song!”

May your “learning” be useful to you for singing and chanting it.

We learned in the Mishna:

This is the principle: Anything that requires trapping, and so on.

And we considered it:

What are the circumstances of something that “requires trapping”?

?”

Rav Yosef said that Rav Yehuda said that Shmuel said: Anything about which one says, “Bring a trap, and we will trap it.””

Abaye said to him: But geese and chickens, concerning which one says, “Bring a trap, and we will trap them,”

,”

and

nevertheless

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

is exempt!

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

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

And we challenge this:

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

nevertheless

it was taught: One who traps doves from a dovecote, doves from an attic, or birds that nested in dovecotes in towers—

is liable!?

Rather,

another resolution must be offered:

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

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

Rav Mari said

another resolution:

These—

are destined to multiply. And these are not destined—

to multiply.

And we challenge this:

Are they all not also—

destined to multiply!?

And we answer:

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

Mishna:

As for traps for wild animals, birds, and fish that one set on the eve of a Festival—

one may not take from them

what was caught in them

on the Festival, unless he knows that they were caught 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 said:

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

Gemara:

And we consider the matter: Why does the Mishna bring

an incident that contradicts

the halakha stated in it?

And we answer:

A deficiency has been omitted

from our Mishna,

and this is what it teaches

in it:

An item whose preparation is uncertain—

is prohibited.

And Rabban Gamliel permits it.

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 anything from him.

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

And some teach this statement with regard to that which was taught: If an item's preparation is uncertain, Rabban Gamliel permits it, and Rabbi Yehoshua prohibits it.

And concerning this

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