1)

WHY CHACHAMIM ARE MECHAYEV

(a)

Question: We understand Ben Azai - he considers one who walks to be at rest (each step is Hanachah - therefore, it is as if he was Motzi to Karmelis, and then from Karmelis to Reshus ha'Rabim);

1.

What is Chachamim's reason? Granted, they do not consider one who walks to be at rest, but we never find that one is liable for Hotza'ah like this (it passes through another Reshus)!

(b)

Answer #1 (Rav Safra): This is like carrying something [more than four Amos] in Reshus ha'Rabim - even though he is exempt as long as he walks, when he is Mani'ach, he is liable - the same applies here.

(c)

Objection: There is different - there, every point along the way is a place of Chiyuv if he would Mani'ach there [after having carried four Amos] - here he passes through a Stav, a place of Petur!

(d)

Answer #2: Rather, this is like carrying exactly four Amos in Reshus ha'Rabim - even though he would be exempt if he was Mani'ach it in the middle, when he is Mani'ach at the end, he is liable - the same applies here.

(e)

Objection: There is different - there, every point along the way is a place of Chiyuv for anyone else [who started carrying more than four Amos from there] - here he passes through a mpa for everyone!

(f)

Answer #3: Rather, this is like Hotza'ah from a Reshus ha'Yachid to Reshus ha'Rabim via Tzidei (e.g. a Chatzer open to) Reshus ha'Rabim - even though he would be exempt if he was Mani'ach in Tzidei Reshus ha'Rabim, when he is Mani'ach at the end, he is liable - the same applies here.

(g)

Question (Rav Papa): This is according to Chachamim, who do not consider Tzidei Reshus ha'Rabim to be like Reshus ha'Rabim - but R. Eliezer considers it like Reshus ha'Rabim, (if he would Mani'ach in the middle he would be liable), how can we answer?

(h)

Answer (Rav Acha brei d'Rav Ika): R. Eliezer consider Tzidei Reshus ha'Rabim like Reshus ha'Rabim when there are no pegs (to distance wagons from the wall) - we have no source that he argues about Tzidei Reshus ha'Rabim with pegs - he learns from such a case.

(i)

(R. Yochanan): Ben Azai agrees that one who throws [from Reshus ha'Yachid to Reshus ha'Rabim via Karmelis] is liable (for it did not rest in the middle).

(j)

Support (Beraisa): If one was Motzi from a store (Reshus ha'Yachid) to the market (Reshus ha'Rabim) via a Stav (Karmelis), he is liable;

1.

The same applies if he brought in (from the market to the store), whether he carried, threw, or passed the item.

(k)

Ben Azai exempts one who carried, and obligates one who threw or passed.

2)

THE RESHUYOS OF SHABBOS

(a)

(Beraisa): There are four Reshuyos of Shabbos - Reshus ha'Yachid, Reshus ha'Rabim, Karmelis and Makom Petur;

(b)

An example of] Reshus ha'Yachid is a ditch 10 [Tefachim] deep and four [Tefachim] wide, or a fence that is 10 tall and four wide, this is a bona fide Reshus ha'Yachid;

(c)

[An example of] Reshus ha'Rabim is a road between cities, a big market, and alleyways in a city that are (Rashi - at least 16 Amos wide and) open on both ends, this is a bona fide Reshus ha'Rabim.

(d)

One may not Motzi from Reshus ha'Yachid to Reshus ha'Rabim, or bring in from Reshus ha'Rabim to Reshus ha'Yachid;

1.

If one did so b'Shogeg, he is Chayav Chatas; if one did so b'Mezid, he is Chayav Kares and is stoned [if he was warned].

(e)

A sea, valley, platform, or Karmelis is not like Reshus ha'Rabim nor Reshus ha'Yachid:

1.

One may not carry [four Amos] in it - if he did, he is exempt;

2.

One may not Motzi from it to Reshus ha'Yachid or Reshus ha'Rabim, nor bring in from Reshus ha'Rabim or Reshus ha'Yachid to it - if he did, he is exempt.

(f)

If an Eiruv was made in a public Chatzer or an alleyway that is not open on both ends (bread jointly owned by all the members was set aside), it is permitted to carry inside it; if not, not.

(g)

Someone standing on a threshold (it is not four Tefachim wide, it is Makom Petur) may take from or give to a Ba'al ha'Bayis [in Reshus ha'Yachid], or take from or give to an Oni [in Reshus ha'Rabim] - but he may not take from the Ba'al ha'Bayis and give the item to the Oni, nor vice-versa;

1.

If he did so, all of them are exempt.

(h)

Others say, the status of the threshold alternates:

1.

When the door is open, it is like inside [the house, Reshus ha'Yachid];

2.

When the door is closed, it is like outside (Reshus ha'Rabim).

(i)

If the threshold is 10 tall and four wide, it is a Reshus [ha'Yachid] unto itself (mid'Rabanan, one may not transfer between it and the house).

(j)

Question: The Beraisa said 'This is Reshus ha'Yachid - what does this come to exclude?

(k)

Answer: It excludes R. Yehudah's case:

1.

(Beraisa): R. Yehudah said an even bigger Chidush - if one owns two houses on opposite sides of Reshus ha'Rabim, he puts a Lechi (vertical post) on each side (of one house, near it) and he may carry in the middle. (He holds that two walls makes a Reshus ha'Yachid mid'Oraisa, the posts are needed to permit carrying even mid'Rabanan.)

6b----------------------------------------6b

2.

Chachamim: That is not a proper Eiruv [to permit carrying] in Reshus ha'Rabim!

(l)

Question: Why does the Beraisa call it a bona fide Reshus ha'Yachid?

(m)

Answer: One might have thought that Chachamim agree that R. Yehudah's case is Reshus ha'Yachid mid'Oraisa, and they argue only regarding carrying inside - the Beraisa teaches, this is not so (two walls do not make Reshus ha'Yachid mid'Oraisa).

(n)

Question: The Beraisa said 'This is Reshus ha'Rabim - what does this come to exclude?

(o)

Answer: It excludes R. Yehudah's other case:

1.

(Mishnah - R. Yehudah): (Chachamim enacted Pasei Bira'os, if four L-shaped corner-posts [of a certain size] surround a well, it is permitted to take from a well and carry inside the posts.) If Reshus ha'Rabim passes through the posts, it must be diverted (if not, the area inside is Reshus ha'Rabim, the posts do not permit it);

2.

Chachamim say, there is no need for this.

(p)

Question: Why does the Beraisa call it a bona fide Reshus ha'Rabim?

(q)

Answer: This is for parallel structure with the Reisha.

(r)

Question: Why didn't the Tana include the Midbar?

1.

(Beraisa): Reshus ha'Rabim is a road between cities, a big market, open alleyways and the Midbar.

(s)

Answer (Abaye): That Beraisa discusses when Benei Yisrael were in the Midbar, then it was Reshus ha'Rabim; our Tana discusses nowadays, when there is little traffic there.

3)

THE PUNISHMENT FOR HOTZA'AH

(a)

(Beraisa): If one was Motzi or Machnis [from Reshus ha'Yachid to Reshus ha'Rabim, or vice-versa] - if he was Shogeg, he is Chayav Chatas; if he was b'Mezid, he is Chayav Kares and is stoned.

(b)

Objection: Obviously, he is Chayav Chatas b'Shogeg!

(c)

Answer: The Chidush is, if he was Mezid, he is Chayav Kares and is stoned.

(d)

Objection: This is also obvious!

(e)

Answer: We understand the Chidush according to Rav:

1.

(Rav): I found a hidden scroll (initially it was forbidden to write Oral Torah, but a Chacham could write Halachos to help himself remember) - in it, Isi ben Yehudah says that one is liable for only one of the 39 Avos Melachos.

2.

Objection (Mishnah): There are 39 Avos Melachos.

i.

Question: Why do we need to know the number?

ii.

Answer (R. Yochanan): this teaches that is one did all of them in one Helam, he is liable for each.

3.

Correction: Rather, Isi says that says that one is not liable for one of the 39.

4.

Our Beraisa teaches that Isi does not exempt Hotza'ah. (The Beraisa must be like Isi, otherwise there is a clause without any Chidush!)

4)

A VALLEY THAT IS RESHUS HA'YACHID

(a)

(Beraisa): A sea, valley, platform, or Karmelis is not like Reshus ha'Rabim nor Reshus ha'Yachid:

(b)

Question: A valley is Reshus ha'Yachid [regarding Shabbos]!

1.

(Mishnah): In summer, a valley is Reshus ha'Yachid regarding Shabbos and Reshus ha'Rabim regarding Tum'ah; in winter, it is Reshus ha'Yachid regarding both.

(c)

Answer #1 (Ula): Really, it is a Karmelis;

1.

The Mishnah calls it Reshus ha'Yachid because it is not Reshus ha'Rabim (it is forbidden to carry four Amos inside it).