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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Shabbos 100



(a) Rebbi Meir rules that one is Chayav for throwing into a small cavity in a wall in the street, because he holds 'Chokekin le'Hashlim' - if there is a small hole in a wall, for example, and there is room to enlarge the hole to four by four Tefachim, then we consider the hole as if it has been enlarged, to adopt the Din of a Reshus ha'Yachid. Consequently, if somebody throws from a street into a small cavity in a wall where there is room to carve out four by four Tefachim, he will be Patur.

(b) A Tel ha'Mislaket is a gradient in a street that rises ten Tefachim in the space of four Amos, and which becomes a Reshus ha'Yachid - at least from the point where it reaches the height of ten Tefachim (see Chidushei Maharshal on Rashi DH 'Tel ha'Misleket').

(c) A Mavuy, says the Beraisa, which has a slope leading up or down to the street, does not require a Lechi (a mini wall), by the exit, because the slope already serves that purpose.

(a) Someone who throws an object more than four Amos, is Chayav, even if it rolls back; whereas if he throws less than four Amos, and it rolls out, he is Patur.

(b) Had the Mishnah been speaking about an object which actually reached the ground, there would be no Chidush at all in telling us that one is Chayav in the Reisha, so it must be speaking when it was still in the air, and was being blown around by gusts of wind.

(c) The Mishnah must be speaking, explains the Gemara, when the object actually landed on something, or at least that it was stopped in its tracks by a strong gust of wind, before blowing it back or forwards. And we must be speaking when the wind stopped the object at a height of less than three Tefachim. Why?
Because otherwise, it would have to stop on a surface of at least four Tefachim by three Tefachim, as we learnt in the first Perek. But now that it initially landed within three Tefachim, it is as if it is actually on the ground, and does not require four Tefachim.

(d) The Beraisa says that if someone throws an object into the street, and it is caught by the wind and blown back ...

1. ... but without having stopped, then he is Patur - even if the wind then blew it out again, before it finally stopped.
2. ... but if the wind *did* stop the object, however briefly, then he is Chayav even if the wind then blew it in again.
(a) When Rava says that even when the article is within three Tefachim of the ground, it still requires a Hanachah on something - according to the Rabbanan - he is referring to the Rabbanan of Rebbi Akiva, who do not hold of 'Kelutah Ke'mi she'Hunchah'; they do not hold of Kelutah, Rava is saying, even if the object is within three Tefachim of the ground.

(b) Rava's Din will affect someone who throws from one Reshus to another, he remembers that it is Shabbos, as the object is falling to the ground - even after it has reached within three Tefachim of the ground. Since he became a Mezid before the object had reached within three Tefachim, he will be Patur.

(c) When Rebbi Yochanan required the object to rest on something, he was speaking in a case when the object was traveling horizontally; but it does not follow that the same will apply to one which is falling vertically to the ground. We could well think that there, where the object is going to fall to the ground anyway, it does not require a Hanachah at all - that the Rabbanan would agree to the principle of Kelutah. Therefore Rava needs to tell us that even in such a case, where the object is about to land anyway, it nevertheless requires the object to have actually stopped.




(a) Abaye explains the repetition of 'Rekek Mayim' in our Mishnah - to teach us that even if the pool of water is four Amos long, it is still considered part of the Reshus ha'Rabim, since, in spite if its length, people tend to wade through it - on account of its shallowness.

(b) And according to Rav Ashi, it is to tell us the same Chidush by a pool of less than four Tefachim, which we would otherwise have thought does not have a Din of a Reshus ha'Rabim, due to the fact that a lot of people tend to jump over it, rather than wade through it.

(c) Rav Ashi ruled that if someone throws something on to a bridge, on to a plank which is set slightly apart from the other planks, he is Chayav, because, even though many people tend to jump over it, most people take it in their stride.

(a) One is Patur for throwing from the sea on to dry land or on to a ship or vice-versa or from one ship to another - because one is not Chayav for throwing to or from a Karmelis, whether it is to or from a Reshus ha'Yachid, a Reshus ha'Rabim or another Karmelis.

(b) The Mishnah which prohibits carrying from ship to another, even when they are next to each other, is speaking about two ships belonging to two people who made an Eiruv. However the Eiruv, which permits them to carry from one ship to the other, is effective only as long as the two ships are tied together, and our Mishnah speaks when the two ships became untied, even though they are still next to one another.

(a) A Ziz is a ledge, which serves no purpose than as a Heker (to remember not to carry from a Karmelis directly), but not to permit any Isur (in this case).

(b) The reason that Rav Huna is so lenient is because he measures the ten Tefachim height of a Karmelis from the sea or river-bed. Consequently, the space from the surface of the water till the top of the ship's hull has the Din of only a Makom Petur, and it is permitted to carry from a Karmelis to a Reshus ha'Yachid (or Rabim) via a Makom Petur (since Chazal's decree to carry from one Reshus to another via a Makom Petur, is restricted to Reshuyos de'Rabbanan).

(c) A Mechitzah Teluyah is three walls - plus the wall of the ship, with a hole of four Tefachim in the middle.

(d) According to Rav Chisda and Rabah bar Rav Huna, one reckons the ten Tefachim of the Karmelis, not from the sea or river-bed, but from the top of the water. Consequently, the space between the sea and the top of the hull of the ship (which is less than ten Tefachim) has the Din of a Karmelis. Therefore, they require a proper Heter, since they are carrying from a Karmelis to a Reshus ha'Yachid.

(a) A Sefinah is a ship, whereas an Arivah is a small boat - such as a rowing-boat.

(b) We presume that a ship (as opposed to a boat) cannot travel in less than ten Tefachim of water.

(c) As far as the front of the ship is concerned, they tended to have men standing there with poles, to test the depth of the water just before the ship reached that point - and if the water became too shallow, they would immediately steer the ship clear of that point.

(a) Rav Chisda and Rabba bar Rav Huna maintain that they would throw their dishwater on to the side of the ship, form where it would run down into the sea.

(b) Chazal did not decree Kocho by a Karmelis.

(c) They could have poured it out via the Mechitzah Teluyah, but it is not very appetizing to use the same outlet for dishwater as the one that one uses for drinking water.

(d) Rebbi Yehudah said 'Metaltelin mi'Tochah le'Yam Aval Lo min ha'Yam le'Tochah'. Now why should the one be permitted more than the other. If one cannot carry from the sea to the ship, why should one be permitted to carry from the ship to the sea? So Rebbi Yehudah must be coming to permit the pouring of the dishwater into the sea via the side of the ship, because 'Kocho be'Karmelis Lo Gazru'.

9) Rebbi Yehudah needed to say ...
1. ... that the ship was ten Tefachim deep (on the inside), for it to be a Reshus ha'Yachid. Otherwise, it would be permitted to draw the water from the sea to the ship (since it was less than ten Tefachim from the sea to the ship, as we shall now see).
2. ... that the ship was less than ten Tefachim from the top of the water, because otherwise, it would have been allowed to carry from the sea to the ship. Why?
Because, then the space between the ship and the hull of the ship would be a Makom Petur, and it is permitted to carry from a Karmelis to a Reshus ha'Yachid via a Makom Petur (see above 6b).

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