Inference: Rabah says "I hold like Rabanan."

Question: This is difficult for the second version in Rashi, that Rabah holds that overlap of Techumim is significant, regarding to enter. Rabanan do not hold that overlap helps at all!

Question: If so, how did R. Dostai expound that we are Mechalel Shabbos for this (even if the Nochrim seek only straw)? Perhaps this was on a weekday!

Suggestion: It is because he was unsure (whether or not he may fight them), for it says "va'Yish'al David." (On a weekday, there is no Safek!)

Rejection: We conclude that [he asked] whether or not he will succeed!

Answer: It is proven [that we are Mechalel Shabbos even if they seek only straw] since it says "Nilchamim bi'Ke'ilah" - it is called war, and David risked his life for it, even though they came only for straw. This shows that we are even Mechalel Shabbos [for such battles].

Question: They should argue about Kelim, to teach the Ko'ach (extremity) of R. Yochanan ben Nuri. [He permits] even though one cannot say "since one who is awake acquires..." It is preferable to teach the Ko'ach of the lenient opinion!

Answer: This that they acquire Shevisah is not a leniency. Rather, it is a stringency. Just the contrary, according to Rabanan who say that they did not acquire, it is a leniency that they are like the feet of the one who finds them can bring them to the place of his Eruv.

Support #1: Our Sugya proves like this, that the law of people and Kelim are not the same according to the opinion that they do not acquire Shevisah.

Support #2: Also below (46a) this is called a stringency. It says 'this needed to be taught. Had he taught "the Halachah follows R. Yochanan ben Nuri", one might have thought that this is both to be lenient and stringent.' I.e. it is a leniency for people, and a stringency for Kelim.

Explanation: [The water] is like the first one who acquires it. If he gave it to another, it is like the first's feet (it has his Techum).

Suggestion: Really, it is like the feet of anyone in whose hand it is.

Rejection: Regarding [water drawn from] a pit of Olei Bavel, we say below that it is like the feet of one who draws. This shows that whenever it did not acquire Shevisah, it is like the first's feet;

Below (46a), a Beraisa says about [water from] flowing rivers and springs "it is like the feet of everyone", and a Tosefta in Beitzah (4:8) explicitly teaches "it is like the feet of one who draws." This implies that both of these expressions mean the same thing.

Explanation: Even if Techumim does not apply above 10 [Tefachim], and the clouds absorb from [water] more than 10 above [the sea floor], since all the water is connected, it is considered as if it is resting on the ground. This is unlike a boat that floats on water;

Since the water acquired Shevisah in the ocean, even though it came above 10, it has only four Amos, for it is outside the Techum.

Implied question: In the episode with R. Gamliel (43a), it asks "if Techumim does not apply above 10, even if the water was not in the Techum, what difference does it make?"!

Answer: This is because also Bein ha'Shemashos, at the time it acquires Shevisah, it was above 10, and it did not acquire Shevisah anywhere. Therefore, when it comes within 10, it has Shevisah, and it has 2000 Amos in every direction.

Question: Also according to R. Yehoshua, who says (Ta'anis 9b) that [the clouds] take from the Kipah (upper waters), they should acquire Shevisah there, if Techumim apply above 10!

Answer: Even if Techumim apply, acquiring Shevisah does not apply in Shamayim.

Note: Maharshal assumes that Eliyahu's normal residence is above, and asks that he should have only four Amos when he descends. Divrei Yechezkel (7:18) brings from the Ramban that there are no restrictions on one who did not acquire Shevisah. If so, what was the question from Eliyahu above (43a)? The Rashba and Ritva say that one who was once below acquires Shevisah even above 10, but Tosfos does not distinguish! He concludes that the Techum of 12 Mil applies even to one who did not acquire Shevisah. Mishmaros Kehunah says that according to Maharshal, we must say that Eliyahu's normal residence is in Gan Eden below.

Implied question: This is Davar Yesh Lo Matirin, and Rav Ashi said (Beitzah 4a) that Davar Yesh Lo Matirin is not Batel even in 1000 [parts of Heter], even regarding a Safek mid'Rabanan!

Answer: Regarding Eruv [Chachamim] were [more] lenient.