1)

WHICH PITS DO PASIM PERMIT? (cont.)

(a)

(Gemara - Rav Yosef): The Halachah follows R. Yehudah ben Bava.

(b)

(Rav Yosef): Pasim permit only a well of flowing water.

(c)

He needed to teach both of these;

1.

Had he taught only that the Halachah follows R. Yehudah ben Bava, one might have thought that even a public pit of gathered water is permitted;

i.

We would say that R. Yehudah taught a public well in order to argue with R. Akiva [who permits even a private well].

ii.

Therefore, he also needed to teach that only a well of flowing water is permitted.

2.

Had he taught only that only a well of flowing water is permitted, one might have thought this is even if it is private. Therefore he needed to teach that the Halachah follows R. Yehudah ben Bava.

2)

CONDITIONS FOR CARRYING IN A GARDEN OR KARFEF

(a)

(Mishnah): R. Yehudah ben Bava taught further, that if a garden or Karfef 70 Amos and a fraction by 70 Amos and a fraction is surrounded by a fence 10 Tefachim tall, one may carry inside, as long as there is a watchman's shack or Beis Dirah inside, or it is close to the city. (Rashi - since it is close, he intends to use it often, it is Hukaf l'Dirah. This permits up to Beis Sa'atayim. Most Rishonim explain that a shack or Dirah [built after the garden was surrounded] permits up to Beis Sa'atayim, but if it was Hukaf l'Dirah (a proper Dirah was there first), a garden of any size is permitted.)

(b)

R. Yehudah says, even if there is only a pit or cave inside, one may carry inside;

(c)

R. Akiva says, even if none of these is inside one may carry inside, as long as it is [no more than] 70 Amos and a fraction on each side (this will be explained);

(d)

R. Eliezer says, [if it was not Hukaf l'Dirah,] if its length exceeds the width, even by one Amah, one may not carry inside [more than four Amos];

(e)

R. Yosi says, even if the length is twice the width, one may carry inside;

(f)

R. Ila'i says, R. Eliezer permits up to a Beis Kor.

(g)

R. Ila'i says, R. Eliezer says that if one forgot to give towards the Eruv in the Chatzer [and on Shabbos he was Mevatel (ceded his ownership) to the Bnei Chatzer], his house is forbidden to him (to transfer between it and the Chatzer), but it is permitted for the Bnei Chatzer [to transfer between their houses and his, via the Chatzer];

(h)

R. Ila'i says, R. Eliezer says that one fulfils the Mitzvah [of Maror] with Arkavlin (palm-ivy);

(i)

R. Ila'i: I did not find anyone else who heard these Halachos from R. Eliezer.

(j)

(Gemara) Question: It says 'R. Yehudah ben Bava taught further'. To which previous teaching does he add?

1.

Suggestion: It says this because he was stringent in the previous Mishnah, and also in this one.

2.

Objection: Earlier (18a), also R. Yehudah was stringent (he permits only up to Beis Sa'atayim within Pasei Bira'os), and again in the following Mishnah (22a, if Reshus ha'Rabim passes through the Pasim, he requires diverting it), yet it does not say that he taught 'further'!

3.

Answer: There, it does not say 'further' because Chachamim taught laws in between. Here, there is no interruption between R. Yehudah ben Bava's two laws.

4.

Question: It is not true that whenever Chachamim interrupt, it does not say 'further'!

i.

In Maseches Sukah (27a) R. Eliezer taught two laws, and even though Chachamim interrupt, it says R. Eliezer taught 'further!'

5.

Answer: There, Chachamim interrupt regarding the same matter. (R. Eliezer requires eating 14 meals in the Sukah. Chachamim say that there is no fixed number.) Here, Chachamim interrupt R. Yehudah to discuss a new matter (a garden or Karfef...)

(k)

(Mishnah - R. Akiva): Even if none of these is inside one may carry inside [as long as it is no more than 70 Amos and a fraction on each side].

23b----------------------------------------23b

(l)

Question: R. Akiva does not argue with the first Tana! (R. Chananel - R. Akiva and R. Yehudah ben Bava both allow 70 Amos and a fraction. Rashi - R. Akiva and Chachamim (18a) both permit more than Beis Sa'atayim in an area Hukaf l'Dirah.)

(m)

Answer: They argue about a small excess [over 70 Amos and four Tefachim]:

1.

(Beraisa - R. Yehudah): There is a small excess [above 70 Amos and a fraction]. Chachamim did not say how much it is. (This will be explained.)

2.

Question: How big is Beis Sa'atayim?

3.

Answer: It is the area of Chatzer ha'Mishkan (50 by 100 Amos).

(n)

Question: What is the source of this [that we use Chatzer ha'Mishkan to gauge Beis Sa'atayim? See note 14 in Appendix.]

(o)

Answer (Rav Yehudah): "Orech he'Chatzer Me'ah va'Amah v'Rochav Chamishim ba'Chamishim" - the Torah teaches to take [a square of 50 by] 50 Amos and surround it with [another square of] 50 Amos [cut into strips. We surround it only with strips of a whole number of Amos or Tefachim (see Perush Chai diagram, Perek 2 number 60, in the English Charts section). We can make a square 70 Amos and four Tefachim and a small remainder. R. Akiva allows only this size [without the remainder], and the first Tana allows a full Beis Sa'atayim.]

(p)

Question: What is the simple meaning of the verse?

(q)

Answer: (Abaye): The Mishkan should be at the end of 50 Amos (half the length of the Chatzer), in order that there will be 50 Amos in front of [the opening to] it, and 20 Amos surrounding [its interior] on the other three sides.

3)

THE SHAPE OF A GARDEN OR KARFEF THAT IS PERMITTED

(a)

(Mishnah - R. Eliezer): If the length [exceeds the width, even by one Amah, one may not carry inside].

(b)

Contradiction (Beraisa - R. Eliezer): If the length exceeds twice the width, even by one Amah, one may not carry inside.

(c)

Resolution (Rav Bivi bar Abaye): Also the Mishnah should say 'If the length exceeds twice the width...'

(d)

Question: If so, R. Yosi does not argue with R. Eliezer!

(e)

Answer: They argue about whether or not l'Chatchilah it should be square. (R. Eliezer holds that l'Chatchilah the length should be twice the width, like the Mishkan. R. Yosi permits even if the length is twice the width. This connotes that l'Chatchilah, it should be square.)

(f)

(Mishnah - R. Yosi): [Even if the length...]

(g)

(Rav Yosef citing Shmuel): The Halachah follows R. Yosi.

(h)

(Rav Bivi citing Shmuel): The Halachah follows R. Akiva.

(i)

Both of these teach a leniency. Shmuel needed to teach both of them;

1.

Had he taught only that the Halachah follows R. Yosi, one might have thought that there must be a watchman's shack or Beis Dirah inside. Therefore he teaches that the Halachah follows R. Akiva;

2.

Had he taught only that the Halachah follows R. Akiva, one might have thought that it must be square. Therefore he teaches that the Halachah follows R. Yosi.

4)

A PARTIALLY CULTIVATED KARFEF

(a)

(Beraisa): If a Karfef more than Beis Sa'atayim was Hukaf l'Dirah:

1.

If the majority was seeded [it is not proper for Dirah], it is like a garden, so one may not carry in it on Shabbos;

2.

If the majority was planted [with trees], it is like a Chatzer, so one may carry in it.

(b)

(Rav Huna brei d'Rav Yehoshua): This (the Reisha) is only if it (the seeded area) is more than Beis Sa'atayim. If it is [at most] Beis Sa'atayim, one may carry in it.

(c)

Suggestion: (Even though the seeded part is like a Karfef and the unseeded part is like a Chatzer, and there is no wall in between, they are permitted.) This is like R. Shimon:

1.

(Mishnah - R. Shimon): Roofs, Chatzeros and Karfifos are considered like one Reshus for Kelim that were Shoves (began Shabbos) in them, but not for Kelim that were Shoves in the house.

(d)

Rejection: Even R. Shimon would forbid. Since the unseeded part is the minority, it is Batel to the seeded part. It is as if the entire Karfef was seeded. Since it is more than Beis Sa'atayim, it is forbidden!

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