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When may a corpse be buried on the second day of Yom Tov? The shiur analyzes a fundamental disagreement between the Rambam (רמב"ם) and other Rishonim on whether burial requires ishtoi (imminent decomposition) and whether Jews or non-Jews perform the burial. The Rosh's position that even melacha is permitted but not tircha requires explanation.
The shiur examines the complex halachic issues surrounding burial of the deceased on the first and second days of Yom Tov, focusing on contradictions between major Rishonim. The starting point is the Rambam (רמב"ם) who rules that if death occurs on Yom Tov Rishon, non-Jews handle the burial, while on Yom Tov Sheini Jews may perform all necessary tasks, since Yom Tov Sheini is k'chol shavi Rabanan. Notably, the Rambam does not require that the corpse be ishtoi (already decomposing) nor does he require the death to be public knowledge (meis bachotzer). The Rosh presents a starkly different view. He cites the Bahag and Rabbenu Tam requiring that even burial by non-Jews on Yom Tov Rishon requires ishtoi—that the body will decompose if left until the next day. Furthermore, the Rosh rules that on Yom Tov Sheini, if non-Jews are available, they must perform the burial, not Jews. The Or Zarua and the Rosh also distinguish between melachos (forbidden labors) that are permitted and tirchos (burdensome tasks) that remain prohibited even though Yom Tov Sheini is k'chol—meaning there is no dechiya (postponement prohibition). This creates a fundamental question: how can tircha be more stringent than melacha itself?
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Beitzah 6a
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Why is a ganav who sells a stolen animal on Shabbos exempt from the fourfold/fivefold payment? The shiur analyzes whether this exemption stems from kam lei b'derabbah or from the absence of a valid mechira. The Rashba's principle that matana resembles mechira when it is "nishtarish b'chet" is explored, along with the Rambam's position on hekdesh and the distinction between giving to bedek habayis versus mizbe'ach.
When a ganav shechts a stolen animal l'avodah zarah, why isn't he patur from payment since it's already isur hana'ah? The shiur explores the fundamental machloket Rashi-Tosafot on whether the isur derives from the act of shechita or from the din shechita itself. The Gemara's application of davar garem be'mamon ke'mamon domi extends the analysis to when borrowed animals become niskal.
