THE LENIENCY OF TOWELS
Question: What did he permit regarding drying themselves with towels?
Answer (Beraisa): One may dry himself with a towel and leave it in a [nearby] window. He may not give it to a bathhouse attendant, for they are suspected of this matter (squeezing them, to give to another bather. He may not take the towel home, lest he forget and squeeze it);
R. Shimon says, he may even take it home. (R. Chananya was lenient to them like R. Shimon.)
MAY ONE SPILL WATER THROUGH THE MECHITZAH?
Version #1 (Rabah bar bar Chanah): The Mechitzah permits only drawing water, but not to spill [waste]water [into the channel].
Question (Rav Shizbi): What is the difference between spilling into the channel or into an Ukah (a pit for wastewater? An Ukah permits pouring into a small Chatzer, even if the Ukah was full before Shabbos and the water will spill out to Reshus ha'Rabim!)
Answer: Water is wont to be absorbed into the ground [of the Chatzer], so we are not concerned even if it flows outside. (Even if he would intend for this, it is not a clear transgression, since he pours into Reshus ha'Yachid.) However, one who spills into the channel knows that it will go outside.
Version #2 (Rabah bar bar Chanah): Not only is it permitted to draw water. Rather, one may even spill into the channel.
Objection (Rav Shizbi): This is obvious! Why should it be different than spilling into an Ukah?!
Answer: One might have thought that one may spill into the Ukah because water is wont to be absorbed in the Chatzer, but one may not spill into the channel, because he knows that it will go outside. Rabah teaches that this is not so.
(Mishnah): Similarly, if two balconies are one above the other, and a Mechitzah was made only for the top one, both are forbidden unless they Me'arev together.
(Rav Huna): This is only if they are near each other (the horizontal distance between them is less than four Tefachim). If they are far apart, the top balcony is permitted.
This is like Rav taught elsewhere, that usage through air does not forbid.
CAN ONE STEAL A RESHUS?
(Rabah and Rav Yosef): One may steal [a Reshus that he normally uses during the week, e.g. a ruin that the owner rarely uses] on Shabbos. He must return the ruin to its owner.
Question: This is self-contradictory!
It says that one may steal [a Reshus] on Shabbos. This implies that he acquires it. (Rashi - he may carry in it. Tosfos R. Peretz - he forbids the owner.)
'He must return the ruin to its owner' implies that he does not acquire it!
Answer: It means that the law of [returning] theft applies to a Reshus stolen on Shabbos. (Rashi - he is forbidden. R. Peretz - he does not forbid the owner.)
Question (against himself - Rabah - Mishnah): Similarly, if two balconies are one above the other...
If the law of theft applies to Shabbos, why are both forbidden? (The owner, i.e. the top balcony, should be permitted!)
Answer (Rav Sheshes): The case is, both balconies made the Mechitzah together.
Question: If so, even if they made a Mechitzah also for the bottom balcony, both should be forbidden [like two Chatzeros open to each other that were not Me'arev together]!
Answer: Since they made a separate Mechitzah for the bottom balcony, this shows that they withdraw from the top one.
HOW ONE MAY SPILL WATER IN A CHATZER
(Mishnah): If a Chatzer is less than four [by four] Amos, one may pour wastewater into it only if there is an Ukah (pit) that holds Se'atayim (about 24 liters) below the hole [from which water flows out];
The Ukah can be inside the Chatzer or outside;
If it is outside, it must be covered. If it is inside, it need not be covered.
R. Eliezer ben Yakov says, if the first four Amos in Reshus ha'Rabim of a Biv (a drainage ditch) are covered, one may pour into it. (Rashi - a covered area is not Reshus ha'Rabim mid'Oraisa, for it is unlike the encampment in the Midbar - Shabbos 5a. Rashbam - it does not look like the water comes from the Chatzer.)
Chachamim say, one may not pour into a Biv [or gutter pipe] even if it extends 100 Amos along a roof or Chatzer [lest people who see the water gush to Reshus ha'Rabim assume that it was poured from nearby].
One may pour onto the roof, and the water will spill into the Biv.
A Chatzer and an Achsadra (a room open on one side) join with each other to comprise four Amos [to permit pouring without an Ukah];
Similarly, if there are two Aliyos (second story apartments, which overlook a small Chatzer) opposite each other, and only one of them made an Ukah, only those who made the Ukah are permitted.
(Gemara) Question: What is the reason [that a Chatzer at least four Amos does not need an Ukah]?
Answer #1 (Rabah): A person normally uses [and needs to dispose of] about Se'atayim of water a day. If the Chatzer is [at least four by] four Amos, he wants to sprinkle it [on the ground, to prevent dust from rising. We will say (Amud B) that our Mishnah applies to summer];
If it is less than four, he spills it. (Ritva - he would not sprinkle, for it is too small for dignified usage.) Therefore, it is permitted only if he has an Ukah. (We decree lest he throw directly to Reshus ha'Rabim.)
Answer #2 (R. Zeira): If it is less than four, Se'atayim will not be absorbed in it.
Question: What is the difference between these answers?
Answer: They argue about if it is long and thin (e.g. two by eight Amos. There is enough area to absorb Se'atayim, but it is too narrow to sprinkle in it.)
Question (Mishnah): A Chatzer and an Achsadra join to comprise four Amos.
According to R. Zeira, we understand. (Together there is enough area). However, this is difficult for Rabah. (They join even if the Achsadra is next to a corner of the Chatzer!)
Answer (R. Zeira, on behalf of Rabah): They join only if the Achsadra is next to the Chatzer [and together they make a square four by four, e.g. each of them is two by four].
Question (Beraisa): If a Chatzer is less than four [by four] Amos, one may not pour wastewater into it.
This is like Rabah. (Also the width must be four.) According to R. Zeira, it depends only on the area!
Answer (R. Zeira): The Beraisa is like Chachamim [of the Seifa of our Mishnah. They forbid a Biv even if it is very long, because he intends to spill, and not to sprinkle. The Reisha of] our Mishnah is R. Eliezer ben Yakov [who permits pouring into a Biv that is four Amos, because the water will be absorbed].
Question: What forced R. Zeira to say that [four Amos are needed for absorption, and that] the Reisha is R. Eliezer ben Yakov? (He should answer like Rabah, for then all agree to the Reisha!)
Answer (Rava): He had a difficulty with the Mishnah:
Question: Why does it say 'if a Chatzer is less than...'? [This connotes that it depends on area.] It should say 'a Chatzer that does not have four [by four - Gra deletes this] Amos! (This connotes that it depends on the dimensions.)
Answer: The Reisha is R. Eliezer [ben Yakov, who requires an area to absorb Se'atayim].
Question: Since the Seifa is R. Eliezer, surely the Reisha is not R. Eliezer!
Answer: The entire Mishnah is R. Eliezer. It is abbreviated. It means as follows:
If a Chatzer is less than four Amos, one may not pour wastewater into it...
Inference: If it is four Amos, one may pour. This is because R. Eliezer says that if a Biv is four Amos in Reshus ha'Rabim and is covered, one may pour into it.
THE DIFFERENCE BETWEEN SUMMER AND WINTER
(Mishnah - R. Eliezer ben Yakov): If a Biv is covered... [Chachamim say... one may pour onto the roof, and the water will spill into the Biv].
Our Mishnah is unlike Chananya;
(Beraisa - Chananya): Chachamim say, even if a roof or Chatzer is 100 Amos, one may not pour onto it, for it is not apt to absorb. Rather, the water flows.
(Beraisa): Our Mishnah discusses summer. In winter, he may spill as much as he wants (Rashi - without an Ukah. Tosfos - in winter, Chachamim permit spilling into a Biv.)
Question: What is the reason?
Answer #1 (Rava): In winter, one does not care if the water is absorbed. (The ground is muddy anyway. Therefore, he does not intend that it go to Reshus ha'Rabim.)
Question (Abaye): A person wants wastewater to be absorbed, yet the Mishnah forbids spilling [into the Biv]!
Answer (Rava): In winter, there is no reason to forbid;
He does not intend that the water go to Reshus ha'Rabim lest it dirty his Chatzer. It is already muddy [from rain]!
We need not decree lest people see the water flowing [to Reshus ha'Rabim, and assume that one may spill in summer, or that one may throw directly to Reshus ha'Rabim]. They will assume that it is rainwater! (Water continues to flow even after the rain stopped - Ritva.)
(Rav Nachman): In winter, if an Uka holds Se'atayim, one may spill Se'atayim into it. If it holds a Se'ah, one may spill a Se'ah into it;
In summer, if it holds Se'atayim, one may spill Se'atayim into it; if it holds a Se'ah, one may not spill anything into it.
Question: Also in summer it should be permitted to spill a Se'ah into an Ukah that holds a Se'ah!
Answer: We decree to forbid this, lest one spill Se'atayim into it.
Question: The same decree should apply in winter!
Answer: In winter, there is no reason to forbid.
He does not intend that the water go to Reshus ha'Rabim lest it dirty his Chatzer, for it is already muddy. We need not decree lest people see the water flowing. They will assume that it is rainwater!
(Abaye): Therefore [in winter, since there is no concern], there is no limit to the amount one may spill [if it holds Se'atayim].
ONE UKAH FOR TWO ALIYOS
(Mishnah): Similarly, if two Aliyos are opposite each other... [and only one of them made an Ukah, only those who made the Ukah are permitted].
(Rava): This is even if the Aliyos were Me'arev with each other.
Objection (Abaye): What is the reason?
Suggestion: It is because two Aliyos spill twice the amount of wastewater. (The Ukah will not contain it.)
Rejection (Beraisa): Even if an Ukah, shard, wide ditch or small boat was full before Shabbos, one may spill water into it on Shabbos [even though it will not contain the water].
Correction: Rather, Rava taught that this is only if the Aliyos were not Me'arev with each other. (Tosfos - even the Aliyah that made the Ukah may not spill directly into it without an Eruv. Rather, they pour onto their balcony, and from there it falls to the Ukah);
If both were Me'arev, both are permitted.