1)

HOW MUCH AREA IS PERMITTED?

(a)

Question: His first law (one or two people) is like R. Yosi b'Rebbi Yehudah, and his last law [for three] is like Chachamim!

(b)

Answer: This is reasonable, because also R. Yehudah holds like his son regarding the first law. (He says so explicitly (16b) regarding an 'individual'. It is reasonable that this refers also to two, and the law of a caravan applies to three or more.)

(c)

(Rav Gidal citing Rav): Three [people] in five [times the area of a Beis Se'ah] are forbidden. in seven they are permitted (this will be explained).

1.

Talmidim: Did Rav really say this?!

2.

Rav Gidal: I swear that he did!

(d)

(Rav Ashi): This is not hard to explain. If three need an area of six, and they surrounded seven, they are permitted all seven. However, if they need only five, and they surrounded seven (this is Beis Sa'atayim more than needed), they are forbidden even in five. (Gra's alternate text - if they need only three, and they surrounded five, they are forbidden even in five.)

(e)

Question (Beraisa): ... Just there may not be Beis Sa'atayim free.

1.

Suggestion: It means that it may not be empty of people. (We forbid only if there is Beis Sa'atayim for each person and an extra Beis Sa'atayim, regardless of what they need. Why does Rav Ashi forbids three people in seven Sa'im if they need only five? Only one Se'ah is empty of people (extra)!)

(f)

Answer: No, it may not be empty of Kelim (i.e. unneeded).

2)

A CHANGE IN STATUS ON SHABBOS

(a)

(Rav Huna or R. Yitzchak): If there were three people and one died [on Shabbos], or if there were two people and another came [on Shabbos], their status (individuals or a caravan) depends on the number of people at the start of Shabbos;

(b)

(The other of Rav Huna and R. Yitzchak): It depends on the number of people currently there.

(c)

Conclusion: [The following shows that] Rav Huna holds that it depends on the number of people at the start of Shabbos:

1.

Question (Rabah): If one was Me'arev through an opening or window and it became sealed [on Shabbos], what is the law?

2.

Answer (Rav Huna): Once Shabbos was permitted, the Heter stands.

(d)

Suggestion: Rav Huna and R. Yitzchak argue like R. Yosi and R. Yehudah:

1.

(Mishnah - R. Yehudah): If [on Shabbos] a Chatzer or house was breached on two sides (i.e. a corner), or if the Lechi or Korah was removed from a Mavoy, they are permitted for that Shabbos and forbidden in the future;

2.

R. Yosi says, if they are permitted for that Shabbos they are permitted in the future. If they are forbidden in the future they are forbidden for that Shabbos. (The Gemara (95a) says that R. Yosi forbids.)

3.

Suggestion: Rav Huna holds like R. Yehudah, and R. Yitzchak holds like R. Yosi!

(e)

Rejection #1: Even R. Yosi can hold like Rav Huna. R. Yosi forbids only when there are not Mechitzos. Here the Mechitzos are intact!

(f)

Rejection #2: Even R. Yehudah can hold like R. Yitzchak. R. Yehudah permits only when there are enough dwellers. Here, we lack dwellers!

(g)

(Mishnah - Chachamim): It can be horizontal or vertical.

(h)

Question: Chachamim do not argue with the first Tana!

(i)

Answer: They argue about whether or not this is permitted for an individual in a settled area. (The first Tana permits an individual similar to a caravan, i.e. on the road. Chachamim permit in every case.)

3)

LENIENCIES OF AN ENCAMPMENT

(a)

(Mishnah): Four leniencies were given to an [army] encampment:

1.

They may bring wood from any place [without concern for theft], they are exempt from washing [before eating], from [tithing] Demai (doubtfully tithed produce) and from making an Eruv.

(b)

(Gemara - Beraisa): An encampment going out to an optional war (as opposed to the Mitzvah to conquer Eretz Yisrael) may steal dry wood;

(c)

R. Yehudah ben Teima says, also, they may camp wherever they want. If someone is killed, he is buried there.

(d)

(Beraisa): They may take dry wood.

(e)

Question: Yehoshua enacted this leniency [not only for soldiers]!

1.

(Beraisa): Yehoshua made [the division of Eretz Yisrael conditional on] 10 laws - people may graze animals in [others'] forests; people may collect wood from [others'] fields...

(f)

Answer #1: Yehoshua stipulated about prickly shrubs and bushes. Our Mishnah permits other trees [for an encampment].

(g)

Answer #2: Yehoshua stipulated about attached wood. Our Mishnah permits detached.

(h)

Answer #3: Yehoshua stipulated about wet wood. Our Mishnah permits dry wood.

(i)

(Beraisa - R. Yehudah ben Teima): Also, they may camp wherever they want. If someone is killed, he is buried there.

(j)

Question: This is obvious! [Another of Yehoshua's stipulations was that] a Mes Mitzvah (a corpse with no one to bury it) acquires its place! (It is buried there.)

(k)

Answer: R. Yehudah permits even if there are people (heirs) to bury it.

17b----------------------------------------17b

(l)

(Beraisa): A Mes Mitzvah is one without anyone to bury it;

1.

If one calls out and people answer, this is not a Mes Mitzvah.

(m)

Question: A Mes Mitzvah does not acquire its place!

1.

(Beraisa): If a Mes was found on a paved road, it is buried to the right or left side of the road (whichever place will cause less loss};

2.

If one side is an unplowed field and the other is a plowed field, we bury in the former. If one field is plowed and the other is seeded, we bury in the former;

3.

If both sides are similar, the corpse may be buried in either.

(n)

Answer (Rav Bivi): The Beraisa discusses a corpse across the width of the road. We do not bury it there, lest people who pass over become Tamei;

1.

Since we cannot bury it in its place, we may move it in any direction.

4)

LENIENCIES OF AN ENCAMPMENT (cont.)

(a)

(Mishnah): They are exempt from washing.

(b)

(Abaye): This applies only to washing before eating, but Mayim Acharonim (after eating, before Birkas ha'Mazon) is an obligation.

(c)

Question (R. Chiya bar Ashi): Why is Mayim Acharonim obligatory?

(d)

Answer: This is due to Sodom salt, which blinds the eyes.

(e)

(Abaye): About one grain of Sodom salt is found in 30 Sa'im of [regular] salt.

(f)

Question (Rav Acha brei d'Rava): If one measures out salt, must he wash his hands?

(g)

Answer (Rav Ashi): Surely, he must!

(h)

(Mishnah): They are exempt from [tithing] Demai.

(i)

(Mishnah): We may feed Demai to soldiers [whom the city must feed] or to poor people.

(j)

(Rav Huna - Beraisa - Beis Shamai): We may not feed Demai to poor people or to soldiers;

(k)

Beis Hillel permit both of these.

(l)

(Mishnah): They are exempt from making an Eruv.

(m)

(D'Vei R. Yanai): They are exempt only from Eruvei Chatzeros, but not from Eruv Techumim:

1.

(R. Chiya - Beraisa): One is lashed mid'Oraisa for leaving the Techum without an Eruv.

2.

Question (R. Yonason): [The Torah does not say 'Lo Yetzei Ish mi'Mkomo ba'Yom ha'Shevi'i', rather, "Al Yetzei..." One is not lashed for a Lav of "Al"!

3.

Objection (Rav Acha bar Yakov): Surely you do not exempt [from lashes] one who transgresses [the Lav of asking a sorcerer to conjure up the dead,] "Al Tifnu El ha'Ovos v'El ha'Yid'onim" [for this reason! However, some exempt because moving lips is not an action.]

4.

Answer: R. Yonason asks why one is lashed for "Al Yetzei" because this Lav also forbids Hotza'ah, which is Chayav Misas Beis Din. If one can be killed for a Lav, one is never lashed for it!

5.

Answer (Rav Ashi): It does not say 'Al Yotzi', rather, "Al Yetzei." The Lav forbids only Techumim. ("Lo Sa'aseh Chol Melachah" forbids Hotza'ah.)

PEREK #2 OSIN PASIN
5)

PASEI BIRA'OS

(a)

(Mishnah - R. Yehudah): We may make Pasim (planks) around Bira'os (wells, to permit carrying inside), i.e. four Deyumadim (L-shaped corner posts) that look like eight (like the diagram in Rashi 15a);

(b)

R. Meir says, we make eight Pasim that look like 12, i.e. four Deyumadim and four straight planks (one in the middle of each side).

(c)

The Pasim must be [at least] 10 Tefachim tall and six Tefachim wide. They can be any thickness;

(d)

R. Meir says, the distance between them is [at most - see note 9 in Appendix] the width of two teams of three [bulls each];

(e)

R. Yehudah says, it is the width of two teams of four.

(f)

The bulls in each team are tied together. We consider the width necessary to allow one [team] to enter at the same time that the other leaves. (I.e. there is some room in between. Therefore, we allow for each bull [one and two thirds] Amos Sochekos, i.e. composed of Tefachim in which there are small spaces between the fingers.)

(g)

The Pasim may be as close to the well as desired, on condition that a cow can enter Rosho v'Rubo and drink.

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