KESUVOS 31 (14 Adar) - Dedicated l'Iluy Nishmas HaRav Ze'ev Wolf Rosengarten of Zurich, Switzerland, a person of "Sheleimus" in every way. Well-known for his Shimush of the Brisker Rav, Rav Wolf passed away on 14 Adar 5760. Dedicated in honor of his Yahrzeit by his nephew and Talmid, Eli Rosengarten of Zurich.
 


12th CYCLE DEDICATION
KESUVOS 31 (20 Tishrei) - Dedicated by Al, Sophia and Jared Ziegler of Har Nof, Jerusalem, in loving memory of Al's mother, Chaya bas Berel Dov Ziegler, on the day of her Yahrzeit, and towards Jared's continued growth in Torah and Yir'as Shamayim.

1)

(a)Rav Avin rules that if someone fires an arrow four Amos on Shabbos, and the arrow tears someone's clothes in flight, he is Patur from paying, despite the fact that the damage to the clothes preceded the Chilul Shabbos. Why is that?

(b)What makes us initially assume that Rav Chisda (who, we just saw, maintains that even according to Rebbi Nechunya ben ha'Kanah, someone who steals Chelev and eats it is Chayav to pay, because the theft preceded the eating) disagrees with Rav Avin?

(c)We conclude however, that, for one of two reasons, Rav Chisda may well agree with Rav Avin's ruling; one, because whereas, in Rav Avin's case, it would have been impossible to shoot the arrow without picking it up, that is not the case by Chelev, which can be eaten without picking it up, by bending down and eating it where it is. What alternative distinction do we draw between the two cases?

(d)What is the difference between the two answers?

1)

(a)Rav Avin rules that if someone fires an arrow four Amos on Shabbos, and the arrow tears someone's clothes in its flight, he is Patur from paying, despite the fact that the damage to the clothes preceded the Chilul Shabbos - because when he picked-up the arrow to throw it, he was already involved in the Chilul Shabbos (seeing as 'Akirah Tzorech Hanachah' - the Akirah [picking it up] is an intrinsic part of the Hanachah [the placing]).

(b)We initially assume that Rav Chisda (who, we just saw, maintains that even according to Rebbi Nechunya ben ha'Kanah, someone who steals Chelev and eats it is Chayav to pay, because the theft preceded the eating) disagrees with Rav Avin - because otherwise, he should have exempted him there too (for the same reason as Rav Avin).

(c)We conclude however, that, for one of two reasons, Rav Chisda may well agree with Rav Avin's ruling; one, because whereas, in Rav Avin's case, it would have been impossible to shoot the arrow without picking it up, that is not the case by Chelev, which can be eaten without picking it up, by bending down and eating it where it is. Alternatively - whereas it is impossible to retrieve an arrow once it has left the shooter's hand (rendering the Akirah necessary for the Hanachah), it is possible to re-place the purse after picking it up (in which case, the Akirah and the Hanachah are unconnected).

(d)The difference between the two answers will manifest itself - in a case where someone carries a knife four Amos in the street, and cuts clothes whilst he is walking. On the one hand, he would not be able to put the knife down without picking it up, but on the other, he could still retract, and not conclude the act of carrying.

2)

(a)Rav Bibi bar Abaye queries Rav Avin from a Beraisa, which speaks about someone who steals a purse on Shabbos. What distinction does the Tana make between whether the thief picks it up to steal it or whether he drags it out of the owner's property?

(b)What is now the Kashya on Rav Avin?

(c)We reject the suggestion that the Beraisa speaks when the thief picked up the purse having in mind to hide it (in the owner's domain), but then changed his mind to take it out (in which case, the picking-up cannot be deemed part of the carrying out), on the basis of a statement by Rebbi Yochanan. What did Rebbi Yochanan say about someone who picks-up an article to move from one corner to another, and then decides to carry it out?

(d)So we establish the Beraisa when he did indeed pick up the purse with the intention of carrying it out. However, as he was walking with the purse, he stopped. What does this mean? Why did he stop?

2)

(a)Rav Bibi bar Abaye queries Rav Avin from a Beraisa which speaks about someone who steals a purse on Shabbos. The Tana rules that, if the thief picked it up - he will be Chayav to pay, because the theft precedes the Chilul Shabbos; but if dragged it out of the owner's property - he will be Patur, because the two will then occur simultaneously.

(b)According to Rav Avin, Rav Bibi now asks, is - he ought to be Patur in the Reisha too, because 'Akirah Tzorech Hanachah'.

(c)We reject the suggestion that the Beraisa speaks when the thief picked up the purse having in mind to hide it (in the owner's domain), but then changed his mind to take it out (in which case, the Akirah [the picking-up] cannot be deemed part of the carrying out), on the basis of a statement by Rebbi Yochanan - who says that someone who picks-up an article to move from one corner to another, and then decides to carry it out is Patur on Shabbos, because the initial Akirah was not performed in order to carry.

(d)So we establish the Beraisa when he did indeed pick up the purse with the intention of carrying it out. However, as he was walking with the purse, he stopped (not in order to adjust the purse - because that would be considered a natural part of the carrying process, but) in order to rest (breaking the initial act of carrying).

31b----------------------------------------31b

3)

(a)Based on the Seifa of the Beraisa, which refers to when the thief dragged the purse out of the owner's domain, on what grounds do we reject the previous explanation (that the Tana speaks when he stopped to rest)?

(b)So we establish the Beraisa like ben Azai. What does ben Azai say?

(c)How does this reconcile Rav Avin with the Beraisa?

(d)What would ben Azai have held had the thief thrown the purse instead of carrying it?

(e)Then why in the Seifa, did the Tana prefer to move on to a case of dragging rather than throwing?

3)

(a)Based on the Seifa of the Beraisa, which refers to when the thief dragged the purse out of the owner's domain, we reject the previous explanation (that the Tana speaks when he stopped to rest) - on the grounds that, if it did, then he should have rather concluded that if he stopped to adjust the purse, he is Patur.

(b)So we establish the Beraisa like ben Azai - who says 'Mehalech k'Omed Dami' (that each step that a person takes is like a new undertaking, a new Akirah and a new Hanachah).

(c)Consequently, he acquired the purse when he picked it up, whereas the Chiyuv Shabbos came only when he put his foot down after having taking it out.

(d)Had the thief thrown the purse instead of carrying it - he would have been Chayav, because the first Akirah would have covered both the theft and the Isur Shabbos (according to Rav Avin).

(e)Nevertheless, the Tana prefers to move on to a case of dragging rather than throwing - to teach us that dragging is considered a conventional way of carrying.

4)

(a)Having concluded that the Tana chose to speak about dragging the purse in the Seifa, because it is a bigger Chidush than throwing, how do we know that he must be speaking about a medium size purse, and not a large or a small one?

(b)What will be the problem if the domain into which he dragged the purse was ...

1. ... a Reshus ha'Rabim?

2. ... a Reshus ha'Yachid?

(c)Into which domain then, did he then drag it?

(d)This can only go according to Rebbi Eliezer, but not according to the Rabanan, who do not consider the side of the Reshus ha'Rabim as a Reshus ha'Rabim. What does Rebbi Eliezer say? How will we reconcile his explanation with the Beraisa?

4)

(a)Having concluded that the Tana chose to speak about dragging the purse in the Seifa, because it is a bigger Chidush than throwing - he must be speaking about a medium size purse, because if it was a large purse, it would be natural to drag it and there would be no Chidush in the Seifa; whereas if it was a small one, then dragging it would certainly not be considered conventional.

(b)The problem if the domain into which he dragged the purse was ...

1. ... a Reshus ha'Rabim is - that the Isur Shabbos will then be applicable, but not the Isur Geneivah (since one cannot acquire in a Reshus ha'Rabim).

2. ... a Reshus ha'Yachid - then the Isur Geneivah will apply, but not that of Shabbos.

(c)So he must have dragged the purse into the side of the Reshus ha'Rabim, which has a dual status.

(d)This can only go according to Rebbi Eliezer, but not according to the Rabanan, who do not consider the side of the Reshus ha'Rabim to be a Reshus ha'Rabim. Rebbi Eliezer considers the sides of the Reshus ha'Rabim like a Reshus ha'Rabim, but only as regards Shabbos, because people tend to push their way past the stone or wooden buffers that divide that area from the rest of the street; but as far as Kinyanim goes, he concedes that it is like a Reshus ha'Yachid, just like a Simta (a narrow side-street).

5)

(a)According to Rav Ashi, the thief actually dragged the purse into the Reshus ha'Rabim. How does the Beraisa speak according to him? What did Rava say about the hand of a person?

(b)This is Rav Acha's version of Rav Ashi's explanation. Ravina's version is even more radical. How does he explain Rav Ashi?

(c)The Mishnah in Bava Kama states (regarding a thief stealing an animal from the owner's flock) 'Hayah Moshcho v'Yotzei u'Mes bi'Reshus Be'alim, Patur. Higbiho O she'Hotzio, Chayav'. How does ...

1. ... Ravina extrapolate his explanation from the Reisha?

2. ... Rav Acha extrapolate his explanation from the Seifa?

(d)How does ...

1. ... Rav Acha reconcile his explanation with the Reisha

2. ... Ravina reconcile his with the Seifa?

5)

(a)According to Rav Ashi, the thief actually dragged the purse into the Reshus ha'Rabim with one hand - where he dropped it into his other hand at a height of less than three Tefachim from the ground, in which case he will acquire the purse (for the purpose of theft).

(b)This is Rav Acha's version of Rav Ashi's explanation. Ravina's version is even more radical. In his opinion, Rav Ashi explains that he even acquires the purse by dragging it into the street, because he holds that a Kinyan Meshichah acquires even in the Reshus ha'Rabim.

(c)The Mishnah in Bava Kama states (regarding a thief stealing an animal from the owner's flock) 'Hayah Moshcho v'Yotzei u'Mes bi'Reshus Be'alim, Patur. Higbiho O she'Hotzio, Chayav'.

1. Ravina extrapolates from the Reisha - 'Hayah Moshcho v'Yotzei u'Mes bi'Reshus Be'alim, Patur', that had he taken it into the street (which is not the owner's domain), he would have been Chayav.

2. Rav Acha extrapolates from the Seifa - 'Higbiho O she'Hotzio, Chayav', implying that 'Hotzio' like 'Higbiho', speaks when he took the animal into his personal domain (but not into a Reshus ha'Rabim).

(d)

1. Rav Acha reconciles his explanation with the Reisha - by pointing out that as long as he has not actually taken the animal into his personal domain, the Tana refers to it as the owner's domain.

2. Ravina reconciles his with the Seifa - because he does not agree with the assumption that 'Hotzio' must be like 'Higbiho'.

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