My questions:
What is the din "shiva Umashehu" (Seven & a bit)and IT IS 6 tefachim wide would he be
Patur because he threw a valid Domain i.e a Reshus Hayachid?
Another way of asking the same question does Levud work with
"Shiva U'Mashehu (Seven & a Bit) to make a Patur (permitted) situation?
Thanks,
Ruvy Bachrach
According to Rashi, he would be Patur, for the reason that you wrote.
According to Tosfos (DH Kafa'ah), he would be Chayav (and the question of "seven and a bit" is not referring to when it is not six Tefachim wide, but rather when it is six Tefachim wide). The reason is because we do not say that Lavud works here, because the thickness of the base of the basket serves to diminish the net height of its walls (when you measure them from the inside of the basket) from being ten Tefachim high. For Lavud to work, the walls must be at least ten Tefachim high when measured from the inside .