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|KESUVOS 31 (14 Adar) - Dedicated l'Iluy Nishmas HaRav Ze'ev Wolf Rosengarten of Zurich, Switzerland, a person of "Sheleimus" in every way. Well-known for his Shimush of the Brisker Rav, Rav Wolf passed away on 14 Adar 5760. Dedicated in honor of his Yahrzeit by his nephew and Talmid, Eli Rosengarten of Zurich.|
12th CYCLE DEDICATION
KESUVOS 31 (20 Tishrei) - Dedicated by Al, Sophia and Jared Ziegler of Har Nof, Jerusalem, in loving memory of Al's mother, Chaya bas Berel Dov Ziegler, on the day of her Yahrzeit, and towards Jared's continued growth in Torah and Yir'as Shamayim.
One who throws an arrow four Amos in a public domain on Shabbos and in the process tears someone's clothing is exempt from payment. (1)
One who carries a knife four Amos in Reshus ha'Rabim and in the process tears someone's clothing, according to one version in the Gemara he is exempt. (2)
One who steals a purse on Shabbos and carries it into a public domain is obligated to pay, because the obligation to pay preceded the Chiyuv Misah.
One who drags a purse from someone's property into the public domain on Shabbos is not obligated to pay, because he is Chayav Misah.
One who picks up an object on Shabbos with intent to put it away but instead decides to carry it into a public domain is exempt.
Ben Azai: Every step a person takes is regarded as a complete stop, and it annuls the Akirah one did with the object.
One who throws someone else's purse from a private domain into a public domain is not obligated to pay.
One who drags a small purse into a public domain has not desecrated Shabbos by performing the Melachah of Hotza'ah, because it is unusual to drag a small purse.
The Kinyan of Meshichah (dragging) is not valid in a public domain.
Rebbi Elazar: The side of a public domain has the same status as a public domain. Chachamim: It does not have the same status as a public domain. (4)
Rava: The hand of a person is regarded as a place that is four by four Amos.
Ravina: A Kinyan Meshichah is valid in a public domain.
One who steals an animal and starts dragging it out of the owner's domain, but it dies before he manages to take it out, is exempt from payment.
One who steals an animal and lifts it or drags it out of the owner's domain is obligated to pay.
One who has relations with a woman who is forbidden to him with a Chiyuv Kares is punished with lashes.
A BIT MORE
1. He is exempt because of the principle of Kim Lei bid'Rabah Minei. Since he is Chayav Misah for violating Shabbos, he is exempt from payment. Even though the clothing was torn prior to the landing of the arrow, the Melachah began from the beginning of the throw.
2. He is exempt because the Melachah begins from the time that he picked up the knife with intent to carry it four Amos. However, according to an alternate version he is obligated to pay, since it is possible to put the knife down prior to carrying it four Amos.
3. As soon as he picks it up he is obligated to pay even while he is still in the property of the owner.
4. Although Rebbi Elazar maintains that the side of a public domain has the status of a public domain with regard to Shabbos, a Kinyan Meshichah is valid there because the public does not pass through it.
CARRYING ON SHABBOS
One who drags someone else's purse from a private domain into the public domain on Shabbos is not obligated to pay, because he is Chayav Misah for doing a Melachah on Shabbos of taking an object into a public domain. The Rashba asks, why is he Chayav if he never picked the object off the ground? A person is Chayav for carrying only when he does both an Akirah (picking up the object) and a Hanachah (putting down the object); in this case, there was no Akirah, since the object was not picked up. The Rashba answers that the entrance to the house was on a higher level than the public domain, and thus when he dragged the object into the public domain it was regarded as an Akirah (since the object was temporarily airborne.)
AKIRAH OF AN OBJECT ON SHABBOS
One picks up an object in one corner of the house in order to put it down in a different corner, and after he picks it up he changes his mind and decides to put the object down in a public domain. He is exempt, because when he did the original Akirah he did not have intent to put it down in the public domain. Therefore, it was not regarded as an Akirah, and one is not liable for doing a Hanachah without an Akirah. (Rambam, Hilchos Shabbos 13:12)
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