WITHIN THREE TEFACHIM OF THE GROUND IS PERMITTED
Answer: It is a Dirah for the sake of Avir (what is outside itself, e.g. to guard produce). One may not carry more than Beis Se'atayim in such a Dirah.
(Mishnah): If its Sharashim are three Tefachim tall...
(Rabah): If Sharashim rise three Tefachim above the ground and afterwards bend down to within three, one may use them [on Shabbos where they are less than three].
(Rav Sheshes): One may not use them.
Rabah permits, because anything within three of the ground is considered like the ground;
Rav Sheshes forbids, because they emanate from something forbidden.
If big Sharashim emanate from the tree and slope upwards, and small Sharashim emanate from them and slope down (see Perush Chai diagram, Perek 10 number 33, in the English Charts section) --
All forbid Sharashim above [three Tefachim]. All permit Sharashim that emanate below [three];
Rabah and Rav Sheshes argue about Sharashim that emanate above [three] and slope back down [to within three].
The same applies to a tree growing out of an irrigation channel, or in a corner. (The tree grows partially in the banks of the channel or in the walls. Two sides of the tree [in a channel, or three sides if it is in a corner], are covered. See Perush Chai diagram, Perek 10 number 35, in the English Charts section. Rabah permits the first three Tefachim above the channel or corner, like within three Tefachim of the ground. Rav Sheshes measures from the ground, and forbids.)
Abaye had a date tree growing in his house. It emerged from a skylight to the roof. Rav Yosef permitted [the first three Tefachim above the roof, for they appear to be less than three tall].
Rav Acha bar Tachlifa: Rav Yosef permitted according to Rabah's opinion.
Objection: This is obvious! (It emanates from something forbidden, i.e. the tree inside the house.)
Answer: One might have thought that we consider the house to be full, so it is as if below the roof is totally covered, and even Rav Sheshes would permit three Tefachim above the roof. Rav Acha teaches that this is not so.
Question (against Rabah - Mishnah): If the Sharashim are three Tefachim tall, one may not sit on them.
Question: What is the case?
If [they are indeed three tall, i.e.] they do not bend back within three, this is obvious!
Answer #1: They bend back within three!
Answer (and Answer #2 to Question (1)): Really, they do not bend back. The case is, one side [of the Sharashim] is even with the ground.
USING TREES ON SHABBOS
(Beraisa): If Sharashim of a tree are three Tefachim above the ground, or if there is a gap of three Tefachim underneath them, even if one side is even with the ground, one may not sit on them;
This is because one may not climb a tree, hang on it or lean on it.
One may not climb a tree before Shabbos and stay there for all of Shabbos;
The same law of trees applies to all animals;
However, one may climb up or down a pit or wall, even if it is 100 Amos. (We are not concerned for exertion. The only concern is lest one break off a branch.)
(Beraisa #1): If one climbed up [a tree] he may climb down [on Shabbos].
Contradiction (Beraisa #2): He may not climb down.
Resolution #1: He may climb down only if he climbed up before Shabbos.
Resolution #2: In both cases he climbed up on Shabbos. He may climb down only if he climbed up b'Shogeg.
Resolution #3: In both cases he climbed up on Shabbos b'Shogeg. Beraisa #2 fines Shogeg due to Mezid, and Beraisa #1 does not fine.
Resolution #4 (Rav Huna brei d'Rav Yehoshua): Tana'im argue about this:
(Mishnah): If blood [of a Korban] that requires one Matanah (it must be thrown on one side of the Mizbe'ach) was mixed with blood that requires one Matanah; we do one Matanah;
If blood that requires four Matanos (it is thrown on opposite corners, blood splashes on all four sides) was mixed with blood that requires four, four are done;
If blood that requires one Matanah was mixed with blood that requires four --
R. Eliezer says, we do four Matanos;
R. Yehoshua says, we do one.
R. Eliezer: You transgress Bal Tigra (detracting from a Mitzvah)!
R. Yehoshua: You transgress Bal Tosif (adding to a Mitzvah)!
R. Eliezer: No, Bal Tosif is only when all the blood is being more than it should. Here, some of the blood requires all four Matanos!
R. Yehoshua: Likewise, Bal Tigra is only when all the blood is thrown less than it should be. Here, he threw some of it as much as he should!
Further, if one throws too much, he transgresses Bal Tosif through an action. This is worse than throwing too little, for then he transgresses Bal Tigra passively!
Conclusion: R. Eliezer holds that [if one must transgress in any case] it is better to do an action. Here also, he would say that it is better to climb down (than to remain on the tree, which is passively transgressing);
R. Yehoshua holds that it is better to be passive. He would say that it is better to remain on the tree.
Rejection #1: R. Eliezer said that it is better to do an action only when he does a Mitzvah. (The Aseh, e.g. Zerikah, overrides the Lav of Bal Tosif.) Here, it is no Mitzvah to climb down!
Rejection #2: R. Yehoshua only said that inaction is better when this is not an Aveirah. Here, remaining on the tree is an Aveirah!
(Beraisa #1): The same [Isur] applies to a moist or dry (dead) tree.
Contradiction (Beraisa #2): A moist tree is forbidden, but a dry tree is permitted.
Resolution #1 (Rav Yehudah): A dry tree is forbidden if it can grow again. If not, it is permitted.
Objection: If it can grow again, the Tana would not call it 'dry'!
Resolution #2: Rather, it is forbidden in winter [due to suspicion, because people cannot tell that it is dead], and it is permitted in summer. (People know that it is dead because it has no leaves.)
Question: If we permit using a dry tree, fruits will fall off, and people will come to detach from living trees!
Answer: The case is, it has no fruits.
Question: Twigs will break off, and people will come to detach from living trees!
Answer: The case is, it is a barren stump without branches.
Question: Rav visited Apastiya and forbade such a tree!
Answer: Rav saw a need to be stringent [because the people there are unlearned].
WALKING ON GRASS ON SHABBOS
(Rami bar Aba): One may not walk on grass on Shabbos - "v'Atz (one who tramples) b'Raglayim Chotei."
(Beraisa #1): One may walk on grass on Shabbos.
Contradiction (Beraisa #2): One may not walk on grass on Shabbos.
Resolution #1: One may walk on dry grass on Shabbos (it is already considered detached), but not on wet grass.
Resolution #2: Both Beraisos discuss wet grass. It is permitted in winter, but not in summer. (Tosfos R. Peretz - In summer it is not so soft, so grass will be uprooted; Rashi - it has seeds that will be dislodged. Tosfos ha'Rosh - it is forbidden in winter, for then it is hard. It is permitted in summer).
Resolution #3: Both Beraisos discuss summer (some texts - winter). It is permitted if he wears shoes, and forbidden in bare feet. (Grass sticks between his toes and is uprooted.)
Resolution #4: Both Beraisos discuss one who wears shoes. It is forbidden in shoes with spikes, and permitted in shoes without spikes.
Resolution #5: Both Beraisos discuss shoes with spikes. It is permitted on short grass, and forbidden on long grass.
Nowadays, the Halachah follows R. Shimon [who permits Davar she'Eino Miskaven, i.e. something he does not intend for], so it is permitted in every case.
PROPER CONDUCT REGARDING RELATIONS
(Rami bar Chama): One may not force his wife to have relations - "v'Atz b'Raglayim Chotei."
(R. Yehoshua ben Levi): If one forces his wife to have relations, the children will be improper.
(Rav Ika bar Chanina): He learns from "Gam b'Lo Da'as Nefesh Lo Tov."
Support (Beraisa): "Gam b'Lo Da'as Nefesh Lo Tov" refers to one who forces his wife to have relations. "V'Atz b'Raglayim Chotei" is one who has relations and repeats the act.
Question: Rava taught that if one wants all his children to be male, he should have relations and repeat the act!
Answer: That is with his wife's consent. The Beraisa forbids without her consent.
(R. Shmuel bar Nachmani): If a woman asks her husband to have relations, she will have children superior to the generation of Moshe!
Moshe sought "Chachamim u'Nevonim vi'Du'im l'Shivteichem" [to be judges]. He took "Chachamim vi'Du'im", for he could not find Nevonim (people with Binah, i.e. to understand matters through other matters);
Leah requested to have relations - "Elai Tavo Ki Sachor Secharticha." She became pregnant with Yisachar, from whom descended "Yod'ei Vinah la'Itim."
Question: R. Yitzchak bar Avodimi taught that Chavah received 10 curses:
"Harbah Arbeh" alludes to menstrual and virginal blood;
"Itzvonech" is the pain of raising children;
"V'Heronech" is the pain of pregnancy;
"B'Etzev Teldi Vanim" is understood simply (the pain of birth);
"V'El Ishech Teshukasech" teaches that a woman longs for her husband when he goes away;
"V'Hu Yimshal Bach" - a woman desires relations [in her heart] but is too shy to verbalize it, but a man verbalizes it;
This is a good trait in women.
Answer: She may show affection [but does not say that she desires relations].
Question: There are only seven curses!
Answer (Rav Dimi): [Additionally,] her head is covered like a mourner (a married woman is ashamed to go outside with her head uncovered), she is excommunicated from all men (this will be explained), and she is incarcerated. (It is proper for her to stay inside.)
Question: What is the meaning of 'she is excommunicated from all men'?
Suggestion: She may not be secluded with a man [other than her husband].
Rejection: Also a man may not be secluded with women!
Answer: She may not be married to two men. (She is forbidden to all men other than her husband, whereas a man can have two wives.)
(Beraisa): She grows hair like a Shed. She sits while urinating, like a mule. She is a pillow to her husband [she is underneath during relations];
R. Yitzchak bar Avodimi omitted these because he holds that these are praiseworthy. (It is a modest way to urinate, and it is easier to be on bottom. Maharsha - we already counted excessive growth of hair. This is why she covers her head.)
(R. Chiya) Question: What do we learn from "Malfenu mi'Bahamos..."?
Answer: (Hash-m put instincts in animals from which we can learn.) He teaches us [modesty] from a mule. It sits while urinating;
"Ume'Of ha'Shamayim Yechakmenu" refers to a rooster. It appeases a hen before relations. (This will be explained.)
(R. Yochanan): Had the Torah not been given [to man], we would have had to learn Tzeni'us (modesty) from cats (R. Chananel - they have relations in covert places; Rashi - they eliminates in covert places and cover theirs excrement), [distancing from] theft from ants (they do not enter others' holes to steal. Also, if an ant carried a piece of wheat, other ants can smell this, and they will not take it), [distancing from] Arayos from doves (they have relations only with their mates), and how to have relations from roosters, which appease beforehand.
Question: How does a rooster appease a hen?
Answer (Rav Yehudah): [It spreads its wings, as if] it says 'I will buy a dress that reaches your feet';
After relations, [it bends down its head, as if] it says 'my crest should be removed if I have the money and don't buy it for you.'