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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Shabbos 6



(a) Someone who walks with the object, is ultimately Chayav because the area that he walks through is all a place of Chiyuv - i.e. wherever he would place it, he would be Chayav. Whereas our case (of someone who walks through a Karmelis), which is one of Petur (i.e. he would be Patur were he to put the object down), he may be well be Patur.

(b) Nor can we prove that he would be Chayav from someone who walks exactly four Amos (where he would be Patur if he were he to put it down within that area), because wherever he would have placed the object, would have been a location which is a Makom Chiyuv for anyone else, unlike our case, which is a place of Petur for everyone.

(c) According to Rebbi Eliezer, the 'Tzidei Reshus ha'Rabim' have the same Din as the Reshus ha'Rabim, so the proof from there (that compares walking through a Karmelis to walking past the 'Tzidei Reshus ha'Rabim) falls away.

(d) Even Rebbi Eliezer agrees that if the 'Tzidei Reshus ha'Rabim' has pegs stuck in the ground (which act as a buffer-zone, to prevent the wagons from rubbing against the walls and knocking them down) then it will have the Din of a Karmelis (which we know to be Chayav), so the proof would be from that case, according to Rebbi Eliezer.

2) Ben Azai agrees, that if someone throws or hands over from one Reshus to another via a Karmelis, he is Chayav, since he did not make any kind of Hanachah in the middle.


(a) A ditch must be ten Tefachim deep and four Tefachim (by four Tefachim) wide, and a wall ten Tefachim high and four Tefachim wide in order to be called a Reshus ha'Yachid (The Beraisa is referring to the area on top of the wall).

(b) A Seratya is an inter-city highway; a Pelatya is the town's main square, where people gather to trade.

(c) The third type of Reshus ha'Rabim described in the Beraisa is alleyways which open at both ends into a Seratya or a Pelatya.

(a) An Istevanis is a small area outside a shop, where the merchants sit to trade.

(b) A Karmelis is an unwalled area, which does not qualify as a Reshus ha'Rabim because it is not used by the public like a street is.

(c) One is not Chayav for carrying from any other Reshus into a Karmelis nor for carrying four Amos inside it. Nevertheless, the Rabbanan forbade one to carry four Amos in a Karmelis, because of its similarity to a Reshus ha'Rabim.

(d) In fact, a public courtyard and a cul-de-sac are intrinsically a Reshus ha'Yachid (whether an Eiruv was made or not). However, if they did not make an Eiruv, Chazal forbade one to carry vessels from the house to the Chatzer, or from the Chatzer to the Mavuy. This is because the courtyard is a relatively public domain (compared to the house), and similarly, the Mavuy is more like a street, than is a Chatzer. Consequently, Chazal a prohibition to carry from one to the other, in order that one should not come to carry from a Reshus ha'Yachid into a Reshus ha'Rabim.

(a) A Mekom Petur is an area of at least three Tefachim high, which is less than four Tefachim by four Tefachim. It is Batel to whichever Reshus it happens to be - and is not called a Reshus at all (in addition, we already learnt above that there is no Akirah or Hanachah to or from an area of less than four Tefachim). Consequently, it is permitted to place something from any Reshus onto it, or to take from it into any Reshus.
However, Chazal forbade one to use a Makom Petur as an excuse to transfer from one Reshus to another, by first putting something down on it, and then taking it off, because it is considered a denigration of Shabbos to carry from one Reshus to another, even in this way (even though it is not a Chilul Shabbos).

(b) A threshold that is ten Tefachim tall and four by four Tefachim on top, is considered an individual domain, which the Gemara will explains later.

(c) 've'Hi Reshus ha'Yachid' comes to preclude Rebbi Yehudah, who permits one to carry in a main road which has a Lechi (a vertical beam) or a Koreh (a horizontal one) placed at either end as an Eiruv. Therefore, the Beraisa says 'Zu Hi' etc., but not the case of Rebbi Yehudah. According to them, *that* remains a Reshus ha'Rabim.

(d) We might have thought that the Rabbanan agree with Rebbi Yehudah, that min ha'Torah, two Lechayim or two Koros, one at either end of a section of Reshus ha'Rabim, turn that section of into a Reshus ha'Yachid; and it is the Rabbanan who issued the prohibition to carry there (because of its similarity to a Reshus ha'Rabim). Consequently, they would agree that, if someone were to throw into it from a Reshus ha'Rabim, he would be Chayav. Therefore the Beraisa adds the word 'Gemurah' - to say that it is the Reshus ha'Yachid described in the Beraisa which is a proper Reshus ha'Yachid, not that of Rebbi Yehudah, which remains a Reshus ha'Rabim - and if someone throws into it from a Reshus ha'Rabim (provided of course, the total distance thrown is less than four Amos), he will be Patur.




(a) When the Tana ends his description of a Reshus ha'Rabim with the words 'Zu hi Reshus ha'Rabim *Gemurah*', he comes to preclude 'Pasei Bira'os' (a well surrounded by four posts, within which Chazal allowed one to draw from the well and drink - for the benefit of the many people who traveled to Yerushalayim for Yom-Tov), through which a public thoroughfare passes. It is nevertheless considered a Reshus ha'Yachid, as opposed to Rebbi Yehudah, in whose opinion, should the public continue to use it, it will have the Din of a Reshus ha'Rabim, in spite of the walls.

(b) The Tana only adds the word 'Gemurah', because he used it in the Reisha.

(c) The Beraisa which considers a desert a Reshus ha'Rabim, refers to Midbar Sinai, at the time when Yisrael resided there. Our Beraisa refers to all deserts nowadays (even to Midbar Sinai, which is no different than any other desert today), which are not inhabited, and are therefore no more than a Karmelis.

(a) It is just as obvious, the Gemara objects, that one is Chayav Kares or Sekilah for carying on purpose, as it is that one is Chayav a Korban Chatas for carrying be'Shogeg.

(b) Before Rebbi compiled the Mishnah, it was forbidden to make any official recording of Torah she'be'Al Peh. Consequently, when the Talmidim would hear some Chidush or other, they would write it down and hide it. Those written notes were known as 'Megilas Setarim'.

(c) The Megilas Setarim as quoted originally, stated that one is only Chayav one Chatas for transgressing all the thirty-nine Melachos in one He'elam (if he did not become aware that he had sinned in between one Melachah and the next). But that is impossible, since the Mishnah in 'K'lal Gadol' writes that there are thirty-nine Melachos; and we have learnt in a Beraisa, that the Mishnah needs to mention this only to teach us that someone who transgresses all thirty-nine in one He'elam, is Chayav to bring thirty-nine Chata'os?

(d) We therefore alter the Megilas Setarim to read that there is one of the Melachos for which one is not Chayav a Chatas, and we do not know which Melachah that is. And the Chidush of our Mishnah, is that Hotza'ah and Hachnasah are not included in that Safek.

(a) A Bik'ah (a collection of fields) is a Reshus ha'Yachid for Shabbos, since it is not used as a public thoroughfare. On the other hand, it has the Din of a Reshus ha'Rabim regarding Tum'ah, since it is hardly the discreet place which (we learn from Sotah), a Reshus needs to be to be described as a Reshus ha'Yachid.

(b) In the rain-season, a Bik'ah has the Din of a Reshus-ha'Yachid even as regards Tum'ah, since, due to the seeds one expects to find growing there, people tend to avoid entering it.

(c) According to Ula, the Mishnah in Taharos refers to the Bik'ah as a Reshus ha'Yachid concerning Shabbos, in the sense that it is not a Reshus ha'Rabim - but, in reality, it is a Karmelis.

(d) The difference (whether it is really a Reshus ha'Yachid or just a Karmelis) is when one throws into it from a Reshus ha'Rabim - whether one is Chayav or not.

(a) The Chidush, according to Rav Ashi (who says that the Bik'ah under discussion has four walls) is that, although, if a: the Bik'ah is more than the size of a Beis Sasayim (fifty by a hundred Amos), and b: it was not originally walled for habitation purposes, it is forbidden to carry in it, it is nevertheless a Reshus ha'Yachid, and someone who carries from a Reshus ha'Rabim into it or vice-versa, is Chayav.

(b) Ula maintains that if the Bik'ah had four walls (like Rav Ashi claims it has), the Tana would not have called it a 'Bikah', but a 'Karfaf'.

(c) When the Beraisa calls it a 'Reshus ha'Rabim le'Tum'ah', it must be speaking when it has an entrance at either end, so that people walk through it in the summer

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