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)

(a)Rav Yosef says that, someone who urinates or spits from one major Reshus to another will be Chayav. But don't we require an Akirah from an area of four Tefachim by four Tefachim?

(b)The source for this is a statement issued by Rava (or Rabah). What does he say?

(c)The Gemara asks what the Din will be if 'Hu bi'Reshus ha'Yachid u'Pi ha'Amah bi'Reshus ha'Rabim', and the She'eilah remains unanswered. What are the two sides of the She'eilah?

1)

(a)Someone who urinates or spits from one Major Reshus to another is Chayav. Normally, we require an Akirah from a location that is four Tefachim by four Tefachim - but not here, where the need to urinate or to spit, gives Chashivus to the Makom, even though it is less.

(b)Rava (or Rabah) said that if someone threw something into a dog's mouth or into a furnace, he is Chayav Chatas - in spite of the fact that the former is less than four Tefachim. So we see that sometimes, one's intention gives a location, Chashivus.

(c)The Gemara asks what the Din will be if 'Hu bi'Reshus ha'Yachid u'Pi ha'Amah bi'Reshus ha'Rabim' - whether we go after the place of the Akirah (which is in the Reshus ha'Yachid), whereas the Hanachah takes place in the Reshus ha'Rabim; or whether we go after the location where the urine leaves the body (which is now the same as that of the Hanachah (in which case he will be Patur).

2)

(a)If a Kohen with Tamei hands who is eating a dried fig of Terumah, places his hand in his mouth to remove a splinter of wood, Rebbi Meir renders the fig Tamei, Rebbi Yosi says it remains Tahor. What is the basis of their Machlokes?

(b)What compromise does Rebbi Yehudah make, and why does this clash with his own statement in our Mishnah, which prohibits walking into the street with loose spittle in one's mouth?

(c)In its first answer, the Gemara replies 'Muchlefes ha'Shitah'. What does this mean?

2)

(a)If a Kohen with Tamei hands who is eating a dried fig of Terumah, places his hand in his mouth to remove a splinter of wood, Rebbi Meir renders the fig Tamei - because he holds that the spittle in his mouth is Machshir the fig, which now becomes Tamei when the hand touches it. Rebbi Yosi says it remains Tahor - because in his opinion, spittle is not Machshir until it leaves one's mouth; and a fig which is not Muchshar Lekabel Tum'ah cannot become Tamei.

(b)Rebbi Yehudah agrees with Rebbi Yosi as long as he has not turned the spittle round in his mouth in order to spit it out, but once he has, the spittle is Chashuv and therefore, Machshir (like Rebbi Meir). But this is not what he said in our Mishnah, where he considers the spittle Chashuv, irrespective of whether he turned it around or not.

(c)'Muchlefes ha'Shitah' - here means that Rebbi Yehudah changed his mind from his opinion in the Mishnah (though that is not the regular meaning of the phrase).

3)

(a)Resh Lakish disagrees with the previous answer. According to him, our Mishnah is not referring to spittle, but to Kicho. What is 'Kicho'?

(b)On what grounds does the Gemara reject Resh Lakish's answer?

(c)What does Resh Lakish learn from the Pasuk in Mishlei "Kol Mesan'ai Ahevu Maves"?

3)

(a)According to Resh Lakish, Rebbi Yehudah in our Mishnah is not referring to spittle, which requires turning over, but to phlegm, which results from a cough, and which does not require turning over.

(b)The Gemara rejects Resh Lakish's answer - on the basis of a Beraisa, where Rebbi Yehudah forbids both phlegm and spittle which came loose (even if they were not turned over). Consequently, we are forced to accept Rebbi Yochanan's answer (Muchlefes ha'Shitah).

(c)Resh Lakish learns from "Kol Mesan'ai Ahevu Maves" - that someone who coughs up phlegm and spits it out in from of his Rebbe is Chayav Misah b'Yedei Shamayim.

4)

(a)Under what condition does the Tana of our Mishnah permit standing in one major Reshus and drinking in the other, and why is that?

(b)Why is this not automatically considered making an Akirah in one Reshus and a Hanachah (in one's stomach, which is in the Reshus ha'Yachid) in another?

(c)Which Tana forbids carrying in the Reshus in which one is not standing?

(d)Could the author of our Mishnah be the Chachamim who argue with him in the previous Sugya?

4)

(a)The Tana of our Mishnah permits standing in one major Reshus and drinking in the other - only if he bends his head and the majority of his body into the Reshus in which he is drinking; for fear that otherwise, he may forget and transfer the water into the Reshus where he is standing.

(b)This is not considered making an Akirah in one Reshus and a Hanachah in the other i.e. his stomach - because the water always stops in his mouth first.

(c)Rebbi Meir forbids carrying in the Reshus in which one is not standing.

(d)The author of our Mishnah could well be the Chachamim who argue with Rebbi Meir in the previous Sugya - because here he wants to drink the water, and it therefore suits him to transfer it to where he is (in which case they will agree with Rebbi Meir); where they disagree with him is there where he does not really want the objects that he is moving, in the Reshus where he is.

5)

(a)Abaye maintains that the same condition applies to drinking from a Karmelis to a major Reshus, or vice-versa. What does Rava say to that?

(b)Abaye's proof is from the Seifa of our Mishnah 've'Chen b'Gas'. If the Tana is not speaking about a wine-press that is a Karmelis, he argues, then what is he adding to the Reisha? How does Rava explain 've'Chen b'Gas'?

(c)Rava's explanation follows the opinion of Rebbi Meir. Rebbi Eliezer b'Rebbi Tzadok is more stringent. What does he say?

(d)And what compromise do the Chachamim make?

5)

(a)Rava maintains that to forbid drinking from a Reshus d'Oraysa to a Reshus d'Rabanan because he may come to transfer from one to the other - is a Gezeirah li'Gezeirah, which Chazal do not normally issue.

(b)According to Rava, 've'Chen b'Gas' is talking not about Shabbos, but about Ma'aser; it is permitted to drink wine in a wine-press without separating Ma'asros, irrespective of whether he dilutes the wine with hot water or with cold - provided one stands in the wine-press.

(c)Rebbi Eliezer b'Rebbi Tzadok requires the wine to be Ma'asered in all cases.

(d)The Chachamim make a compromise - they agree with Rebbi Meir if he diluted the wine with cold water (because he will pour back any wine that remains), but with Rebbi Eliezer b'Rebbi Tzadok if he used hot water (because he will not pour back the remaining wine).

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

6)

(a)'Kolet Adam min ha'Mazchilah Lematah me'Esarah Tefachim'. What is a 'Mazchilah', and why is not permitted to drink from it directly or to collect water from it directly - even when it is less than ten Tefachim from the ground?

(b)'u'min ha'Tzinor Mikol Makom'. What is a Tzinor? In which way is it Halachically different than a Mazchilah, and why is that?

(c)How does the Gemara prove Rav Nachman's explanation that Tziruf is forbidden because of the principle of Levud?

(d)Is someone standing on a roof permitted to drink directly from his neighbor's roof - if it is ten Tefachim higher than his?

6)

(a)A Mazchilah - is a gutter which runs parallel to the roof, and into which the water from the roof is drained, to prevent the walls from getting spoilt (due to the water running on to them from the roof. It is forbidden to drink from it directly or to take water directly from it - even when it is less than ten Tefachim from the ground, because, seeing as it does not protrude more than three Tefachim from the roof, it is as if he was drinking or collecting directly from the roof (from the Reshus ha'Yachid to the Reshus ha'Rabim).

(b)A Tzinor - is a pipe that carries water from the roof but which protrudes more than three Tefachim from the roof. Consequently, seeing as it is within ten Tefachim of the street, one is permitted to drink from it directly or to collect water from it directly - since he is only transferring from a Reshus ha'Rabim to a Reshus ha'Rabim. Note: The above distinction pertains to drinking directly from them. As far as collecting is concerned, even collecting water from a pipe that is above ten Tefachim is also permitted (see final words of Rashi, end of Mishnah).

(c)The Gemara proves Rav Nachman's reason for the prohibition in a. from the Beraisa 'Omed Adam bi'Reshus ha'Yachid u'Magbi'a Yado Lema'alah me'Asarah l'Pachos mi'Sheloshah Samuch l'Gag', which concludes 'u'Vilevad she'Lo Yetzaref' - we see from here that Tziruf within three Tefachim is forbidden, but from more than three Tefachim, it is permitted.

(d)The Beraisa we just quoted is dealing precisely with the She'eilah of drinking from one person's roof to another's, and it permits drinking or collecting the water away from the roof, but forbids drinking or collecting directly.

7)

(a)Our Mishnah permits someone who lives next to a Reshus ha'Rabim to draw water via his first-story window from a well in the street, provided the well is surrounded by a wall of ten Tefachim. Why is the wall necessary?

(b)In which case is the wall dispensable?

(c)How does Rebbi Yochanan establish our Mishnah, by amending it slightly?

7)

(a)The wall around the well is necessary - because we are speaking when the well is a slight distance away from the wall of his house. Consequently, when he draws the water from the well and pulls the bucket up to his window, he will otherwise be carrying from one Reshus ha'Yachid to another via the Reshus ha'Rabim, which is forbidden (whereas now, with the wall, he is carrying from one Reshus ha'Yachid to another via a Makom Petur.

(b)The wall is not necessary when the well is directly beneath his window.

(c)Rebbi Yochanan establishes our Mishnah, not when the wall itself is ten Tefachim high, but when the wall complements the ten Tefachim which the pit was lacking.

8)

(a)The Mishnah also permits throwing from the window on to a trash-heap. Why are we not afraid that the trash-heap has been removed and is no longer there?

8)

(a)We are not afraid that the trash-heap may have been removed, because the Mishnah is speaking about a public trash-heap, which is not removed often. If it was somebody's private trash-heap that was lying outside his window, it would indeed be forbidden to throw on to it without checking first, for fear that the owner may have removed it.

9)

(a)Under which two conditions may one carry underneath the branches of a tree without an Eruv?

(b)Under which circumstances may one sit on the roots of a tree that have sprouted out from the ground?

9)

(a)One is permitted to carry underneath the branches of a tree without an Eruv - provided they descend to within three Tefachim of the ground, and provided the space underneath the tree does not exceed a Beis Se'asayim (Note: there is actually a third condition. See Rosh Si'man 9, quoting a Gemara in Sukah).

(b)One may sit on the roots of a tree that have sprouted out from the ground - provided they have not grown to a height of three Tefachim.

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