ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler of Kollel Iyun Hadaf
Rosh Kollel: Rabbi Mordecai Kornfeld
(a) Abaye holds that if someone throws a Kaveres (a bee-hive) which is ten Tefachim tall and six Tefachim in diameter, he is Patur; whereas if the diameter is less than six Tefachim, he is Chayav. The reason for this is - because, according to Abaye, a bee-hive that is ten Tefachim tall and six Tefachim in diameter is a Reshus, and one is not Chayav for throwing Reshuyos, only objects.
(b) A square object must be four by four Tefachim in order to become a Reshus. Consequently, for throwing an object whose dimensions are less than that, one will be Chayav. Now for a circle to contain a square of four by four Tefachim, it needs a diameter of five and three fifths Tefachim; anything with a larger diameter than that, will be termed a Reshus, for which one will be Patur. Consequently - when Abaye says Chayav for throwing a Kaveres with a diameter of between five and three fifths and six Tefachim, he must mean that it is forbidden mi'de'Rabbanan.
(c) Rava maintains that - someone who throws a Kaveres that is ten Tefachim tall one is always Patur, even if it is less than six Tefachim in diameter (because some of the reeds are bound to protrude upwards above ten Tefachim). However, if the Kaveres is less than ten Tefachim tall, he will be Chayav.
(a) If the Kaveres (of less than six Tefachim in diameter) landed upside down, he would be Patur, provided it was at least seven and a half Tefachim tall or more - because, since the base was facing the ground, the moment it reached within three Tefachim of the ground, due to the principle of 'Levud', the walls would be considered as if they extended to the ground, giving the Kaveres a height of more than ten Tefachim from the ground.
(b) The Kaveres does not need to be seven and a half Tefachim tall - it will suffice if it is a fraction more than seven Tefachim and a Mashehu.
(c) Rav Ashi is Mechayev in this case - because, in his opinion, the principle of 'Levud' only applies to walls whose chief purpose is to be joined to the ground - and the walls of a Kaveres are not meant to be joined to the ground, only to protect the honey that it contains.
(a) If someone throws four Amos on to a board which is fixed in the Reshus ha'Rabim at a height of between three and nine Tefachim - he will not be Chayav, because, since it cannot be used easily by the public who use the street, it is only a Karmelis. Therefore, if someone throws onto it, he will be Patur.
(b) If however, the board was nine Tefachim high (specifically nine, according to Rashi), then (like a board of less than three Tefachim, which people walk on) - it would be considered part of the Reshus ha'Rabim, because people use it easily, to adjust their loads on it, and he would be Chayav.
(c) Rava maintains that a hole of nine Tefachim is different - because it is not easily used and in his opinion, 'Tashmish al Yedei ha'Dechak, Lo Sh'mei Tashmish'.
(d) According to Rav Yosef, 've'Chen be'Guma' in the Beraisa, refers specifically to the Reisha, which gives a box of ten Tefachim tall and four by four Tefachim which is standing in the Reshus ha'Rabim, the Din of a Reshus ha'Yachid.
(a) 'Niskaven Lishbos bi'Reshus ha'Rabim, ve'Hini'ach Eiruvo ba'Bor le'Ma'alah mi'Yud Tefachim, Eiruvo Eiruv, le'Matah mi'Yud Tefachim, Ein Eiruvo Eiruv'. We explain 'le'Ma'alah mi'Yud' regarding the pit in the Reshus ha'Rabim - to refer not to above ten Tefachim in a pit of more than ten Tefachim (since in a pit of ten Tefachim, there is no difference between one height and another), but to a pit which is less than ten Tefachim deep. His Eiruv is an Eiruv because he has fulfilled the requirement of being in the same Reshus as his Eiruv (in this case, in the Reshus ha'Rabim) .
(b) This clashes with Rava however, who holds that a pit of nine Tefachim has the Din of a Karmelis, because 'Tashmish Al Yedei ha'Dechak, Lo Shmei Tashmish' (and we currently maintain that it is a Reshus ha'Rabim).
(c) The Gemara answers that the Beraisa speaks when he and his Eiruv are in a Karmelis - meaning that we are not speaking about a pit in a Reshus ha'Rabim, but a pit in a Bik'ah, which is a Karmelis. Consequently, both he and the Eiruv are in a Karmelisand the reason that the Beraisa refers to it as a Reshus ha'Rabim, is because it is not in a Reshus ha'Yachid (because if it would be, there would be no difference between a pit of more than ten Tefachim and one of less).
(d) In the second answer, we establish the Beraisa like Rebbi - who maintains that the Rabbanan's decrees do not apply to Bein ha'Shamashos (between Sheki'ah and nightfall). Consequently, in view of the fact that Eiruvei Techumin come into effect at Bein Hashemashos, the Beraisa can even speak when the pit is in a Reshus ha'Rabim, and when nine Tefachim in a pit is a Karmelis (like Rava); nevertheless, his Eiruv will be valid (despite the fact that he and his Eiruv are not in the same Reshus), because to carry from a Karmelis to a Reshus ha'Rabim is only Asur mi'de'Rabbanan, and Isurim de'Rabbanan do not apply then.
(a) The Mishnah in ha'Zorek says 'Im Hayah Rekek Mayim, u'Reshus ha'Rabim Mehaleches Bo, ha'Zorek le'Sochah Arba Amos, Chayav.... ve'Rekek Mayim she'Reshus ha'Rabim Mehaleches Bo, ha'Zorek le'Socho Arba Amos, Chayav'. he Tana see fit to mention 'Rekek Mayim' twice - because one 'Rekek Mayim' applies to a pool of water in the summer and the other, to the winter. On the one hand, we might have thought that the pool is counted as part of the Reshus ha'Rabim in the summer, because people will enter it in order to cool down; on the other, that it is only considered part of the Reshus ha'Rabim in the winter, because people will enter it in order to clean themselves from the mud that fills the streets then.
(b) By repeating 'Mehaleches Bo', the Tana is stressing that it is only 'Hiluch Al Yedei ha'Dechak' that is considered Hiluch, but not 'Tashmish Al Yedei ha'Dechak' - like Rava contends.
(a) If one were to lift up the end of a heavy bundle and propel it by throwing it down, and then picking up the other end and throwing it down, and so on - he would not be Chayav, because at no stage has he made an Akirah.
(a) We learnt above (in 6a.) in a Beraisa, that one may stand on a threshold and take from a poor man or give to him. This can only be speaking about a threshold which is a Makom Petur - because someone who stands on a threshold which is either a Reshus ha'Rabim or a Reshus ha'Yachid, and hands something to (or receives from) a person in the opposite Reshus, will be Chayav; and if the threshold is a Karmelis, then it is Asur mi'de'Rabbanan to do so.
(b) The threshold of a Reshus ha'Rabim is for example, a threshold which has no roof, which is within three Tefachim of the ground, and which is situated by the opening of a Mavoy outside its Lechi (the vertical plank which serves as an Eiruv).
(c) The threshold of a Karmelis is one that is between the heights of three and ten Tefachim - the three cases of a threshold that is a Reshus ha'Yachid constitute the equivalent case of that of a Reshus ha'Rabim, but when the threshold either has a roof, or is situated inside the Lechi, or if it is more than ten Tefachim high and four by four Tefachim.
(d) According to Rava, who rules that someone who carries an article above ten Tefachim (which is a Makom Petur) is Chayav - the Beraisa, wich exempts someone who is standing on a Makom Petur, and who takes an article from someone in one Reshus, and hands it to someone in the opposite Reshus, speaks when he made a Hanachah in the Makom Petur where he is standing, before handing it to the person in the other Reshus. In that case, even Rava will agree that he is Patur (even though mi'de'Rabbanan, it is Asur to do so).