More Discussions for this daf
1. Simta 2. Acquiring with a borrowed utensil 3. והוא שהיתה קלתה תלויה בה
DAF DISCUSSIONS - BAVA BASRA 85

Barry Epstein asked:

The gemara reads "In a public domain or in a courtyard that is not either of them." It really means simta and not public domain. Then why does it say reshus harabim?

Barry Epstein, Dallas, USA

The Kollel replies:

The relevant characteristic here is that it is a place that the public has the rights to use. Therefore, it is called a "Reshus ha'Rabim." As far as property rights go, a Simta qualifies as a "Reshus ha'Rabim." However, the more specific usage of the term "Reshus ha'Rabim" -- such as a public domain as far as Shabbos is concerned -- is unacceptable for Kinyan for other reasons.

"Reshus ha'Rabim" has different definitions as it relates to various different Halachos. For example, a "Reshus ha'Rabim" with regard to the laws of Tum'ah is defined as any area in which there are three people.

D. Zupnik