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)

MOVING THINGS IN A RESHUS THAT ONE IS NOT STANDING IN (cont.)

(a)

(Mishnah): ...As long as he is not Motzi...

(b)

Version #1 - Inference: If he was Motzi, he is Chayav Chatas!

(c)

Suggestion: Our Mishnah supports Rava:

1.

(Rava): If one transfers an item Derech Alav (Tosfos - from one hand to the other; Rashi - above his head) four Amos in Reshus ha'Rabim, he is liable.

(d)

Rejection: It does not say that if he was Motzi, he is Chayav Chatas. Perhaps it is forbidden, but he is exempt!

(e)

Version #2 - Inference: If he was Motzi, he is exempt.

(f)

Suggestion: Our Mishnah refutes Rava!

1.

(Rava): If one transfers an item Derech Alav four Amos in Reshus ha'Rabim, he is liable.

(g)

Rejection: It does not say that if he was Motzi, he is exempt. Perhaps if he was Motzi, he is Chayav Chatas!

2)

URINATING OR SPITTING INTO A DIFFERENT RESHUS

(a)

(Mishnah): One may not stand in Reshus ha'Yachid...

(b)

(Rav Yosef): If one urinated or spit [from Reshus to Reshus] he is Chayav Chatas.

(c)

Question: One is liable only if Akirah (uprooting) was from a place that is [important, i.e.] four by four [Tefachim]!

(d)

Answer: His intent makes [the place of Akirah] important.

(e)

Support: Also elsewhere, we must say that intent makes a place important:

1.

(Rava): If one threw and it landed in a dog's mouth or an oven [and it was burned], he is Chayav Chatas.

2.

Question: One is not liable unless it lands in a place that is four by four!

3.

Answer: His intent makes it (the place of Hanachah) important.

4.

Also here, intent makes the place of Akirah important!

(f)

Question (Rava): If a person is in Reshus ha'Yachid and the end of his Ever is in Reshus ha'Rabim [and he urinated] what is the law?

1.

Does the place of Akirah (the bladder) determine [the law, and he is liable]? Or, do we follow the place of exit [from the body (the end of the Ever), so he is exempt]?

(g)

This question is not resolved.

(h)

(Mishnah): Similarly, one may not spit... R. Yehudah says, [once saliva gathered in his mouth, he may not walk four Amos before spitting it out].

(i)

Question: Is this even if he did not swirl the saliva [in his mouth]?!

1.

(Beraisa - R. Meir): If one was eating pressed figs [of Terumah] with dirty hands (Sheniyos l'Tum'ah), and put his hand in his mouth to remove a pebble, he was Metamei [the figs, for his saliva was Machshir them];

2.

R. Yosi is Metaher. (He holds that saliva is not a liquid to be Machshir until it leaves the body);

3.

R. Yehudah says, if he swirled the saliva, the figs are Temei'im. (The saliva is Machshir, for he will spit it out soon.) If not, they are Tehorim.

(j)

Answer #1 (R. Yochanan): The opinions must be switched (R. Chananel - R. Yehudah is Metamei in any case, and R. Meir is Metamei only if he swirled. Rashi - R. Yehudah retracted.)

(k)

Answer #2 (Reish Lakish): We need not switch the opinions. The Mishnah refers to phlegm.

(l)

Question (Beraisa - R. Yehudah): If Kicho (phlegm) v'Nislash (or [something else] was uprooted,) [he may not walk four Amos before expelling it].

1.

Suggestion: This refers to [phlegm or] saliva that was uprooted!

(m)

Answer: No, it means 'if phlegm was uprooted...'

(n)

Objection (Beraisa - R. Yehudah): If phlegm was uprooted or saliva was uprooted, he may not walk four Amos before expelling it.

(o)

Conclusion: We must rely on Answer #1.

(p)

(Reish Lakish): If one coughed up phlegm in front of his Rebbi, he is Chayav Misah. We read "Kol Mesan'ai (those who hate me (Torah)) Ahavu Maves" like Masni'ai. (Talmidim who act despicably make people hate Torah.)

(q)

Question: Coughing up phlegm is beyond one's control!

(r)

Answer: Reish Lakish discusses one who spat in front of his Rebbi. (He could have spat to the side or into his garment.)

3)

DRINKING FROM ANOTHER RESHUS ON SHABBOS

(a)

(Mishnah): One may not stand in Reshus ha'Yachid and [stick his mouth out and] drink in Reshus ha'Rabim, or vice-versa [lest he bring the cup into the Reshus in which he stands, for which he would be liable], unless Rosho v'Rubo are in the same Reshus that he drinks from;

(b)

The same applies to a winepress.

(c)

(Gemara) Question: Is the Reisha (98b, one may move something in a different Reshus than he stands in) Chachamim [like Rav said above], and the Seifa (our Mishnah) R. Meir [who forbids opening a lock in a different Reshus (101a)]?!

(d)

Answer (Rav Yosef): All forbid moving Kelim that one needs [while standing in a different Reshus, lest he take them to his Reshus].

(e)

Question: May one stand in Reshus ha'Yachid or Reshus ha'Rabim and drink in a Karmelis?

(f)

Answer #1 (Abaye): The same decree applies to Karmelis.

(g)

Answer #2 (Rava): The Isur of [transferring to or from a] Karmelis is only mid'Rabanan. Chachamim do not decree lest one come to transgress an Isur mid'Rabanan.

(h)

Support (Abaye, for himself - Mishnah): The same applies to a winepress.

99b----------------------------------------99b

1.

Question: What kind of winepress is discussed?

i.

It is not a Reshus ha'Yachid or Reshus ha'Rabim. The Mishnah already taught these!

2.

Answer: It is a Karmelis.

(i)

Rejection (Rava and Rav Sheshes): No, the Mishnah teaches about a winepress regarding Ma'aser. (The wine is not finished until it descends to the pit. Before this, one may drink in the winepress without tithing, for this is Arai (haphazard), as long as Rosho v'Rubo are inside. We do not decree lest he take the wine outside, which would obligate tithing it):

1.

(Mishnah - R. Meir): One who drinks in a winepress is exempt from Ma'aser, whether it was mixed (diluted) with hot or cold water;

2.

R. Eliezer bar Tzadok obligates titihing. (Mixing it shows that it is not Arai);

3.

Chachamim exempt regarding [diluting with] cold [water], for he could return the leftovers [to the remaining wine]. They obligate regarding hot. (He would not return it, lest it spoil the other wine. Therefore, it is as if he removed the wine from the winepress.)

(j)

(Mishnah): One may be Kolet (catch in mid-air) water dripping from a gutter pipe within 10 Tefachim of the ground;

(k)

One may drink from a Tzinor (a pipe that sticks out from the roof) in any case.

(l)

(Gemara) Inference: One may be Kolet from a gutter pipe, but he may not be Metzaref (collect water with his mouth or a Kli from where it leaves).

(m)

Question: What is the reason?

(n)

Answer (Rav Nachman): The case is, the gutter pipe is within three Tefachim of the roof. Therefore [taking directly from] it is like [taking directly from] the roof (a Reshus ha'Yachid. Therefore, one in Reshus ha'Rabim may not do so).

(o)

Support (Beraisa #1): Someone in Reshus ha'Rabim may lift his hand above 10 Tefachim to within three Tefachim of the roof collect water [from the gutter pipe], as long as he is not Metzaref.

(p)

(Beraisa #2): One may not stand in Reshus ha'Rabim and lift his hand above 10 to within three of the roof to be Metzaref [from the gutter pipe], but he may collect or drink from it.

(q)

(Mishnah): One may drink from a Tzinor in any case.

(r)

(Beraisa): If the Tzinor is four by four [Tefachim wide] it is forbidden [to be Metzaref], for this is like transferring to another Reshus.

4)

A RESHUS HA'YACHID UNDER A WINDOW

(a)

(Mishnah): If a pit is in Reshus ha'Rabim and its Chulyah is 10 Tefachim tall, a window over it may draw water from it on Shabbos;

(b)

If a wasteheap in Reshus ha'Rabim is 10 Tefachim tall, a window over it may spill wastewater onto it on Shabbos.

(c)

(Gemara) Question: What is the case?

1.

If the pit is near the wall (within four Tefachim), it is permitted even if the Chulyah is less than 10. (The pit itself is 10 deep and four wide, i.e, a Reshus ha'Yachid, like the house to which he draws. The space in between is Makom Patur, because people cannot walk there (Me'iri)!

(d)

Answer #1 (Rav Huna): The case is, the pit is more than four Tefachim from the wall;

1.

It is permitted only if the Chulyah is 10. If it is less than 10 it is forbidden, for he transfers from Reshus ha'Yachid to Reshus ha'Yachid through Reshus ha'Rabim. (once the bucket leaves the Chulyah it will swing down to directly under the window, within 10 of the ground. See note 32 in Appendix.)

(e)

Answer #2 (R. Yochanan): It can even be within four Tefachim of the wall. The Mishnah teaches that a pit and its Chulyah join to comprise 10 Tefachim [to make Reshus ha'Yachid].

(f)

(Mishnah): If a wasteheap in Reshus ha'Rabim...

(g)

Inference: We are not concerned lest a wasteheap be removed [or diminished to less than 10, and he will spill from Reshus ha'Yachid to Reshus ha'Rabim or Karmelis]!

(h)

Question: Ravin bar Rav Ada taught that there was a Mavoy that on one side the sea [declined steeply and] was considered a wall, on the other side was a wasteheap (10 Tefachim tall (the Mavoy was closed on one end), and Rebbi did not permit or forbid;

1.

He did not forbid, for it has walls. He did not permit, lest part of the wasteheap be removed [and less than 10 will remain], or the sea deposit debris [and the shore will not be steep enough to count like a wall].

(i)

Answer: The Mishnah discusses a joint wasteheap. (We are not concerned lest it be removed.) Rebbi was concerned about a private wasteheap.

5)

A TREE WHOSE FOLIAGE HANGS LOW

(a)

(Mishnah): If the foliage of a tree hangs within three Tefachim of the ground, one may carry under it;

(b)

If its Sharashim (R. Yehonason - roots sticking out of the ground; Rashi - branches coming out of the trunk; Mishnah Berurah - the Halachah is the same for both of them) are above three Tefachim, one may not sit on them.

(c)

(Gemara - Rav Huna brei d'Rav Yehoshua): One may carry only up to Beis Se'atayim [even if it is Hukaf l'Dirah, e.g. the tree was planted for shade for people who guard fields].

(d)

Question: What is the reason?

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