12TH CYCLE DEDICATIONS:
 
ERUVIN 96-100 - Dedicated in memory of Max (Meir Menachem ben Shlomo ha'Levi) Turkel, by his children Eddie and Lawrence and his wife Jean Turkel/Rafalowicz. Max was a warm and loving husband and father and is missed dearly by his family and friends. His Yahrzeit is 5 Teves.

1)

WHAT IS THE STATUS OF THE PORCH?

(a)

(Gemara) Question: (When it fell from the porch, the Mishnah always permits retrieving it, even if the end is on the ground.) What is the status of the porch?

(b)

Answer #1: It is Reshus ha'Yachid, and outside of it is Reshus ha'Rabim. We do not decree [to forbid him to take it back] lest he do so when it fell totally from his hand.

(c)

Question: Who is the Tana [of the Reisha]?

(d)

Answer #1: It is R. Shimon, who says that Shevus does not override saving Kisvei ha'Kodesh from disgrace.

(e)

Objection (Seifa - R. Yehudah): [When it fell from the roof] even if the end is a tiny amount above the ground, he may roll it back;

1.

R. Shimon says, even if the end is on the ground, he may roll it back, for Shevus does not override saving Kisvei ha'Kodesh from disgrace.

2.

Will you say that the Reisha and Seifa are R. Shimon, and the middle clause is R. Yehudah?!

(f)

Answer (Rav Yehudah): Indeed, the Reisha and Seifa are R. Shimon, and the middle clause is R. Yehudah!

(g)

Answer #2 (to Question (c) - Rabah): (All agree to the Reisha.) The case is, many people walk through the porch. Chachamim permit retrieving it to avoid disgrace to Kisvei ha'Kodesh. (It is a Reshus ha'Yachid, like a roof, but there is more disgrace to Kisvei ha'Kodesh than the case of a roof.)

(h)

Objection (Abaye - Beraisa): If the end landed within four Amos [of the porch], he may roll it back. If it landed more than four Amos away, he turns it over.

1.

If [we are lenient due to disgrace when] many people walk through (it is only Shevus, since he holds one end), even if it landed outside of four Amos it should be permitted to retrieve it!

(i)

Answer #2 (to Question (a) - Abaye): The case is, the porch is a Karmelis, and outside of it is Reshus ha'Rabim;

1.

If the end is within four Amos, he may roll it back, for even if fell totally [from his hand] and he would retrieve it, he would not be liable;

2.

If the end is outside four Amos, Chachamim forbid rolling it back, for if it fell totally and he would retrieve it, he would be liable [for carrying four Amos in Reshus ha'Rabim. Even though one is liable only if he stopped in Reshus ha'Rabim, it is common to stop to peruse Kodesh ha'Kodoshim, like we will say below - PF.]

(j)

Question: They should also forbid when it is within four Amos, lest he take it from Reshus ha'Rabim to [the house, which is] Reshus ha'Yachid!

(k)

Answer #1: He would pass through a Karmelis (the porch) in between [so he would be exempt], therefore we are not concerned for this.

(l)

Objection: Rava taught that one who transfers an item four Amos in Reshus ha'Rabim is liable, even if he passed it from one hand to the other. (We do not consider it as if it stopped in the middle - Tosfos. Rashi - he is liable even if he carried it above his head, more than 10 Tefachim above the ground, i.e. Makom Patur!)

(m)

Answer #2: The case is, the porch is very long. Surely, he would remember before reaching the house.

(n)

Answer #3: The case is, the porch is not long. Normally, people peruse Kisvei ha'Kodesh. He would stop [to look at it] on the porch.

(o)

Question: Perhaps he will stop to look at it in Reshus ha'Rabim, and later take it to Reshus ha'Yachid without stopping in between!

(p)

Answer (and defense of Answer #1): The Mishnah is Ben Azai, who considers one who walks as if he stops [at each step. Therefore, it is as if he stops on the porch, so he is exempt.]

(q)

Question: We should forbid, lest he throw it to Reshus ha'Yachid!

1.

(R. Yochanan): Ben Azai agrees that one who throws [from Reshus ha'Rabim to Reshus ha'Yachid, passing through Makom Patur in the middle] is liable.

(r)

Answer (Rav Acha bar Ahavah): This teaches that we do not throw Kisvei ha'Kodesh.

2)

WHAT IS PERMITTED WHEN THE SEFER IS WITHIN TEN TEFACHIM

(a)

(Mishnah): If he was on the roof... [if the end is within 10 Tefachim of the ground, he turns it over so the writing is not seen].

(b)

Question: One may not turn over Kisvei ha'Kodesh!

1.

(Beraisa): One who writes Seforim, Tefilin and Mezuzos may not flip the parchment onto the writing [to keep it clean]. Rather, he spreads a garment over it.

(c)

Answer: There, he may not turn it over because there is an alternative. Here, there is no alternative! (Rashi - the case is, he does not have a garment to spread on it. Tosfos - one may not spread a garment over it, just like one may not retrieve it);

1.

If he will not turn it over there will be even more disgrace to Kisvei ha'Kodesh!

(d)

(Mishnah): He turns it over.

(e)

Question: It did not (Rashi; Ritva - could not) come to rest! (There is no reason not to retrieve it. This does not resemble a Melachah at all!)

(f)

Answer (Rava): The case is, the wall is slanted. (Rashi - it came to rest on the wall. Ritva - it could come to rest on the wall, and one would be liable for retrieving it. We forbid due to this possibility.)

(g)

Question (Abaye - Seifa - R. Yehudah): Even if the end is a tiny amount above the ground, he may retrieve it.

1.

If it came (Ritva - could come) to rest, this should be forbidden! (This is like resting in Reshus ha'Rabim.)

(h)

Answer (Rava): The Mishnah is abbreviated. It means as follows:

1.

(Once the end is within 10, he may not roll it back.) This is if the wall is slanted;

98b----------------------------------------98b

2.

If it is not slanted, if the end is more than three Tefachim above the ground, he rolls it back. If it is within three [it is as if it is on the ground], he turns it over on the writing. (R. Yehudah discusses this case, when the wall is not slanted. Ga'on Yakov - the text should not attribute this question to Abaye and the answer to Rava [rather, the Gemara itself asks and answers], for Rava must establish the Mishnah differently due to the next question.)

(i)

(Mishnah - R. Yehudah): Even if the end is a tiny amount above the ground...

(j)

Since it is not resting on anything, there can be no Akirah [uprooting from rest, which is a condition to be liable. Therefore, we do not decree.]

(k)

Question: Rava taught that Chachamim [who argue with R. Akiva and say that Kelutah Lav k'Mi she'Hunchah (something in the air is not considered to be at rest)] exempt one who threw to within three Tefachim of the ground unless it landed on top of something. Do Tana'im argue about this (the first Tana forbids when it is within three, and R. Yehudah permits)?

(l)

Answer: No. The entire Mishnah is like R. Yehudah. It is abbreviated, it means as follows:

1.

This is if the wall is slanted. If it is not slanted, even if the end is within three Tefachim of the ground, he may retrieve it, for R. Yehudah says that even if it is a tiny amount above the ground, he may retrieve it.

2.

Question: What is the reason?

3.

Answer: It must be resting on something [for one to be liable].

3)

USING A LEDGE IN FRONT OF A WINDOW

(a)

(Mishnah): If a ledge is in front of a window, we may put things on it and take from it on Shabbos.

(b)

(Gemara) Question: To what Reshus does the ledge extend?

(c)

Answer #1: It extends to Reshus ha'Rabim.

(d)

Objection: If so, we should forbid putting things on it, lest they fall and he will take them [from Reshus ha'Rabim] on Shabbos!

(e)

Answer #2: It extends to Reshus ha'Yachid.

(f)

Objection: If so, obviously, it is permitted!

(g)

Defense (of Answer #1 - Abaye): Really, it extends to Reshus ha'Rabim. The Mishnah permits putting on it Kelim that will break if they fall (he will not retrieve the pieces. We are not concerned lest he retrieve the pieces to prevent damage to passersby. Perhaps this is like R. Shimon, who exempts Melachah she'Einah Tzerichah l'Gufah. Alternatively, even R. Yehudah is not concerned. Since he does not seek to save his property (rather, just to prevent damage) he is unlikely to forget Isurim of Shabbos - PF.)

(h)

Support (Beraisa): If a ledge sticks out from a window to Reshus ha'Rabim, one may put on it bowls, cups, flasks and plates. (These are usually made of earthenware, and break when dropped.) He may use the wall until the bottom 10 Tefachim;

(i)

If there is another ledge below it, one may use the [entire] lower ledge, but one may use only that part of the upper ledge opposite the window.

(j)

Question: How big is the [upper] ledge?

1.

Version #1 (our text, Rashi) If it is not four [by four Tefachim, even though] it is a Makom Patur, [even so] it should be forbidden to use even opposite the window [for any Kelim. They fall frequently, so it will look like he throws to Reshus ha'Rabim!]

2.

Version #2 (Gra's text): If its width (what juts out from the wall) is less than four, it should be forbidden to use even opposite the window [for Kelim that do not break - Tosfos. Rashba - we assume that the bottom ledge is four by four. Since the top ledge is less than four, it is Batel to the Reshus ha'Yachid below it (Reshus ha'Yachid goes up to the sky), transferring from the window to it is like transferring to another Reshus)! (end of Version #2)

3.

If it is four, it should be permitted to use [the ledge along] the entire wall!

(k)

Answer (Beraisa): The case is, the lower ledge is four wide, and the upper ledge itself is not four wide, but the windowsill joins with it to create a surface four wide. (See Perush Chai diagram, Perek 10 number 20, in the English Charts section);

1.

One may use the part of the ledge opposite the window, for it is an extension of the window (it is not Batel to the lower ledge. Rashi and Tosfos - we are not concerned lest things fall, because together there is a surface four wide);

2.

The parts to the sides of the window are forbidden (they are less than four).

4)

MOVING THINGS IN A RESHUS THAT ONE IS NOT STANDING IN

(a)

(Mishnah): One may stand in Reshus ha'Yachid and move things in Reshus ha'Rabim, or vice-versa, as long as he is not Motzi (take something) outside of four Amos.

(b)

One may not stand in Reshus ha'Yachid and urinate or spit to Reshus ha'Rabim, or vice-versa;

(c)

R. Yehudah says, once saliva is gathered in his mouth, he may not walk four Amos before spitting it out.

(d)

(Gemara - R. Chinena bar Shalmiya (to Chiya bar Rav)): One may not stand in Reshus ha'Yachid and move things in Reshus ha'Rabim.

1.

Rav: Why do you teach like R. Meir rather than like Chachamim?! (Tosfos - the first Tana of the Seifa forbids urinating or spitting to Reshus ha'Rabim from Reshus ha'Yachid. Presumably this is R. Meir, who normally argues with R. Yehudah. Rashi - in a later Mishnah (101a) he forbids one in Reshus ha'Yachid to unlock in Reshus ha'Rabim.)

2.

R. Chinena held that since the Seifa is R. Meir, the Reisha is also R. Meir [but Chachamim disagree and forbid];

3.

This is wrong. The Seifa is R. Meir, but the Reisha is Chachamim.

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