MENACHOS 73 (13 Cheshvan) - Dedicated by Rabbi Kornfeld and his wife in honor of the marriage of their son, Yehoshua Heshel, to Tzivyah Shmueli, tonight be'h. May they be Zocheh to build a Bayis Ne'eman b'Yisrael, and to raise children in the ways of Torah and Yir'as Shamayim!


THE MOUND OR THE ROW? (Yerushalmi Kilayim Perek 6 Halachah 2 Daf 29b)

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Question: (R. Elazar taught in the Mishnah that if one plants one on the ground and one on the mound, if it is 10 Tefachim tall, one does not combine with the other.) Does the 10 Tefachim height refer to the mound (in order to make it a different domain, or does it refer to the height of the row itself)? If you say that the row must be higher, if the mound is slanted and he planted on the part that is below 10 Tefachim, they combine. But if you say that it refers to the mound's height creating a separate domain, the slope is also considered to be above 10 and they do not combine...?

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Answer (Baraisa): 'If there were two rows planted on the mound (one above and one below 10 Tefachim, they do not combine)' - could you say that we were referring to the height of the row rather than the mound?



Rebuttal (R. Mana): (Even if the mound is slanted, it's not because the row is above 10 Tefachim that it does not combine; rather, it's because) the entire slope of the mound is viewed as a separate domain.

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(Mishnah in Maseches Shabbos): One who throws something 4 Amos at a wall (in a public domain) and it lands above 10 Tefachim, it is like throwing it into the air (meaning into a place that is exempt from the definitions of a domain and he is exempt). If it landed below 10 Tefachim, it is like throwing it on the ground (and he is liable).



(Rav Chisda): 4 Amos means with its diagonal (meaning the diagonal length of a 4 by 4 Amah square, which is 5 3/5th Amos).



Question: Why is he liable for throwing below 10 Tefachim? (How could it land on the side of the wall without falling?)

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Answer (R. Chiya citing R. Yochanan): It was a (sticky) fig cake.

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Question (R. Chaggai to R. Yosi): (But if not for it landing in a place on the wall that is exempt, it would be considered throwing on the ground) - doesn't that show that the slope of a mound is like the ground?



Answer (R. Yosi to R. Chaggai): There (Kilayim), the vines planted in the mound are embedded there and don't fall down; here (Shabbos), since the passers-by will rub against the wall and it will fall down, it is considered to be like the ground.



If you would have said that there was a hole in the wall there and the fig cake would have stuck to the wall inside that hole, just as the seeds benefit from the mound - then it would have been a good comparison.

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Baraisa: Two gardens that are one above the other (on a slope), if the lower one is a vineyard and the upper one is not, he may plant the upper one and even plant down the slope until he reaches within the 10 Tefachim of airspace of the vines of the lower one.



Question (R. Bun bar Chiya to R. Zeira): Doesn't that show that the slope of a mound is like the ground below it?



Answer (R. Zeira): No, the reason that they may not be planted within 10 Tefachim is because of the leaves spreading over the vines.



(Continuation of Baraisa): If the upper one is a vineyard and the lower one is not, he may plant the lower one and the mound until he reaches the vine trunks.



(R. Yosi): The Baraisa is not prohibiting planting more than three Tefachim under the trunks.

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Support (Baraisa): Pi'ah roots that enter within 4 Amos of a vineyard, if they are three Tefachim below the surface, they are permitted.