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1)

TIKUN OF A MAVOY

(a)

(Mishnah): (If Chatzeros, i.e. courtyards in front of houses, open to a Mavoy (alleyway that is open on one side to a public road), Chachamim forbid carrying in the Mavoy unless there is a Korah (horizontal beam) across the opening or a Lechi (vertical post) at one side of the opening. See Perush Chai diagram, Perek 1 number 1 in the English Charts section.) If [the Korah of] a Mavoy is more than 20 Amos above the ground, it must be lowered;

(b)

R. Yehudah says, it need not be lowered.

(c)

If [the opening of the Mavoy] is wider than 10 Amos, it must be reduced [through a Mechitzah (wall) in the middle];

1.

If it has Tzuras ha'Pesach (a Lechi on each side and a Korah on top of them), even if it is wider than 10, it need not be reduced.

(d)

(Gemara - Mishnah): If a Sukah is more than 20 Amos tall, it is Pasul;

(e)

R. Yehudah is Machshir.

(f)

Question: Why does our Mishnah teach the Tikun (how to be Machshir a Pasul Mavoy), whereas the Mishnah of Sukah merely says that it is Pasul?

(g)

Answer #1: Sukah is mid'Oraisa, so it is normal to call it Pasul. Mavoy is mid'Rabanan. It is unreasonable to call it Pasul [before teaching its laws]!

(h)

Answer #2: Also regarding mid'Oraisa laws, we sometimes teach the Tikun;

1.

There are many things that disqualify a Sukah. The Tana did not want to elaborate how to fix them. (One should teach concisely.) Not many things disqualify a Mavoy, so the Tana teaches how to fix them.

2)

THE SOURCE OF THE ARGUMENT IN THE MISHNAH

(a)

(Rav): Chachamim learn [the maximum height of a Mavoy] from Pesach (the opening to) ha'Heichal. R. Yehudah learns from Pesach ha'Ulam. ("Ulam" encompasses the Heichal and the building in front of it);

1.

(Mishnah): Pesach ha'Heichal was 20 Amos tall and 10 Amos wide. Pesach ha'Ulam was 40 Amos tall and 20 Amos wide.

2.

Both of them expound the same verse - "u'Shchato Pesach Ohel Mo'ed";

i.

Chachamim say that the Kedushah of the Heichal and of the Ulam are different. Pesach Ohel Mo'ed refers to the [opening of the] Heichal (which was 20 Amos tall and 10 Amos wide. We never find anything bigger called 'Pesach')

ii.

R. Yehudah says that the Kedushah of the Heichal and of the Ulam are the same. Pesach Ohel Mo'ed is the [opening to] both of them (i.e. the Ulam. It is 40 Amos tall and 20 Amos wide, and it is called Pesach.)

iii.

Alternatively, R. Yehudah agrees that the Kedushah of the Heichal and of the Ulam are different. He learns from (Tosfos - "Ulam ha'Bayis" and "Pesach ha'Bayis", it is as if it says) 'Pesach Ulam ha'Bayis';

iv.

Chachamim say, had it said 'El Pesach Ulam', we would agree. However, since it [is as if it] says 'El Pesach Ulam ha'Bayis', it refers to the house Patu'ach (open to) the Ulam, i.e. the Heichal.

(b)

Question: The first verse is written regarding the Mishkan (it had no Ulam. The Mishkan corresponds to the Heichal, and its opening was only 10 by 10!)

(c)

Answer: The words Mishkan and Mikdash are used interchangeably. (What is written about one applies also to the other.)

(d)

Support (Rav Yehudah): If a Korban Shelamim was slaughtered before the gate of the Heichal was opened, it is Pasul - "u'Shchato Pesach Ohel Mo'ed" refers to when it is open, and not when it is locked.

1.

Question: The verse is written regarding the Mishkan!

2.

Answer: Mishkan and Mikdash are interchangeable.

(e)

Question: We know that Mikdash is called Mishkan - "v'Nosati Mishkani b'Sochechem." (This was said after the Mishkan was erected. Alternatively, anything in your midst is called Mishkan.) However, what is the source that the Mishkan is called Mikdash?

1.

Suggestion: We learn from "v'Nas'u ha'Kehasim Nos'ei ha'Mikdash".

2b----------------------------------------2b

2.

Rejection: That does not refer to the Mishkan itself, rather to the Aron (the most Kodesh of all Klei ha'Mishkan)!

(f)

Answer: We learn from "v'Asu Li Mikdash v'Shochanti b'Socham [...Tavnis ha'Mishkan]".

(g)

Question: Chachamim and R. Yehudah should both learn from the opening to Chatzer ha'Mishkan (on the east side)!

1.

"Orech he'Chatzer Me'ah va'Amah v'Rochav Chamishim ba'Chamishim v'Komah Chamesh Amos", "Va'Chamesh Esre Amah Kela'im la'Kasef", "Vela'Kasef ha'Shenis...l'Sha'ar he'Chatzer Kela'im Chamesh Amah." (The Chatzer was 50 wide, one each side were curtains five tall and 15 wide. It follows that) the opening was 20 wide and five tall. We should also allow a Mavoy to be 20 Amos wide! (All have a source that the height can be more than five.)

(h)

Answer #1: The opening to the Chatzer is called "Pesach Sha'ar he'Chatzer." It is not called a Stam Pesach (i.e. without an accompanying name).

(i)

Answer #2: "Kela'im Chamesh Amah" refers to their height (the curtains on each side of the Pesach were 15 Amos higher than the rest of the curtains around the Chatzer, 20 Amos in all; the Torah does not say how wide they were).

(j)

Question: It says that the curtains were five tall!

(k)

Version #1 (our text) Answer: It means that they were five higher than the outer Mizbe'ach. (R. Yosi holds that it was 10 Amos tall.)

(l)

Version #2 (Rashi) Answer: It means that below the [15 Amah] excess by which the curtains bordering Pesach Sha'ar he'Chatzer were higher than the other curtains, the curtains were five Amos tall. (end of Version #2)

(m)

Question: R. Yehudah does not learn from Pesach ha'Ulam!

1.

(Mishnah): If it is wider than 10 Amos, it must be reduced.

2.

R. Yehudah does not argue with this [even though Pesach ha'Ulam was 20 Amos wide]!

(n)

Answer (Abaye): He argues in a Beraisa:

1.

(Beraisa): If it is wider than 10 Amos, it must be reduced;

2.

R. Yehudah says, it need not be reduced.

3.

Question: Why didn't R. Yehudah argue in our Mishnah?

4.

Answer: [In our Mishnah] he argues about the height. [It is understood that] he also argues about the width.

(o)

Question: A Beraisa shows that R. Yehudah does not learn from Pesach ha'Ulam!

1.

(Beraisa): If [the Korah of] a Mavoy is more than 20 Amos above the ground, it must be lowered;

2.

R. Yehudah is Machshir up to 40 or 50 Amos.

3.

(Bar Kapara - Beraisa): R. Yehudah permits up to 100 Amos.

4.

Granted, we can say that Bar Kapara's Beraisa exaggerates (R. Yehudah never really said 100). However, the Beraisa that cites him to say 40 or 50 is surely not exaggerated!

5.

Granted, he could learn 40 from Pesach ha'Ulam. However, what is the source for 50?

(p)

(Rav Chisda): A Beraisa misled Rav [who said that R. Yehudah learns from Pesach ha'Ulam]!

1.

(Beraisa): If [the Korah of] a Mavoy is more than 20 Amos above the ground, it is higher than Pesach ha'Heichal. It must be lowered.

2.

Rav assumed that just like Chachamim learn from Pesach ha'Heichal, R. Yehudah learns from Pesach ha'Ulam.

3.

This is wrong. Chachamim learn from Pesach ha'Heichal, but R. Yehudah learns from the entrances of kings [which are very tall].

(q)

Question: If Chachamim learn from Pesach ha'Heichal, they should require doors, just like the Heichal had doors. However, they do not!

1.

(Mishnah - Beis Shamai): Hechsher (what is necessary to permit carrying in a) Mavoy is a Lechi and a Korah;

2.

Beis Hillel say, it is a Lechi or a Korah.

(r)

Answer: The doors of the Heichal were merely for Tzeni'us [lest it be exposed].

(s)

Question #1: If so (they learn from Pesach ha'Heichal), why does Tzuras ha'Pesach help [to allow a width over 10 Amos]? The Heichal was only 10 wide, even though it had Tzuras ha'Pesach]!

1.

(Mishnah): If it has Tzuras ha'Pesach, even if it is wider than 10, it need not be reduced.

(t)

Answer: Rav said that Chachamim learn from Pesach ha'Heichal. His text of the Mishnah said that it must be reduced!

1.

Rav Yehudah was teaching Rav's son Chiya in front of Rav.

2.

(Rav Yehudah - Mishnah): [If it has Tzuras ha'Pesach, even if it is wider than 10,] it need not be reduced.

3.

Rav: The text says 'it must be reduced.'

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