Episode Transcript
[00:00:03] After spending many prokim discussing the malacha of Haitza, carrying from one domain into another, the main focus of this perek are toldeis secondary subcategories of the malachah of Feitza, which, of course, like every tolda, are also forbidden midair isa and carry exactly the same punishment as the av malacha itself. And the first toldr which we're going to discuss is zrika, when you throw something from one domain into another. Now, as we have learned, for something to be considered a to, it has to be done in a very similar way to the aav. Now, the av malacha of transferring from one domain into another involves an Akira picking it up in one domain, which is when you change the domain, and then a hanaka when you place it down in the new domain. Now, when you throw something into a different domain, you're not actually doing the hanakah. Nevertheless, since the hanaka, since the act of it being placed down, is done as a direct result of your action, it is considered your hanachah, and therefore this is also forbidden mid araisa as a toldah of Huiza'. A. So the mission says hazoik mir shisayokh deir shisarabin. When he throws something from a private domain into a public domain, or from a public domain into a private domain, he is liable. So of course, if he did it by mistake, meaning if he didn't realize that it was forbidden, then he would have to bring a carbon chatos. And if it was intentional, then he receives the death penalty, just like every malacha of Shabbos. Now, what happens if he throws something from a private domain into a private domain? One is certainly not Chayyev for that, but there was a public domain in the middle, and the item passed through the airspace of the public domain before it landed in the second roshua sayachid. Now, it's important to remember that the airspace of Rosh Hasarabim only goes up to a height of tent Fakhem, higher than 10 fochem above. A rosh Hasarabim is known as a mokimp tour, an exempt area where you're totally allowed to carry and pass things from one domain into another. But we're referring to where the object was within the airspace of the roshasarabim. So it was thrown below tent fim and went through the Rosha sarabim. Now, there was no hanocha at all in the Rosha sarabim, so you would think that he should be potter. However, says the missionary Akiva M.
[00:02:19] Says he is.
[00:02:20] And this is based on a principle known as and that means that something which is totally immersed and totally inside something is viewed as if it is resting in that thing. Meaning, in this context, since the item is totally in this Roshus harabim, we view it as if it is actually resting in that Russ, because it's so much a part of that domain. It's as if it's actually resting. So it's as if there was a Hanokah in the Rishus Arabim, which means that he is Chayev. However, say that he is exempt because they do not hold of this principle of Mishnah. How so? And the truth is that some Mishnayas get rid of the word, because this is not really explaining the previous Mishnah, because the previous Mishnah, as we explained, was discussing a case where he throws it below tent Fahchem in the Rosh Hasarabim. The following case will discuss a very similar scenario where you're transporting something from Rosh Tayochid to another Rosh Tayochid via a Rosh Hasarabim. But in this case it is above tent Folkim from the floor of the Yershu sarabim. Now, although above 10 fochem is a mokem Patur, we're nevertheless going to see that you will be Chayev in a particular case for transporting something through a Mokram patur. And although in every other case a mok and Patur, as its name suggests, makes you exempt in this case, since this thing was done in the Mishkan, you will be Chayev. Now, what exactly is that case? So in the Mishkan, when they transported the various vessels and the walls of the Mishkan through the midbar, there would be four different wagons in two rows there would be two wagons, and directly behind them there would be another two wagons, and they would lift up beams onto the front wagon, the two front wagons, and then they would pass the beams across so that they would also be resting on the back wagons, and then they would be transported on both of the wagons together. But the point is, the wagons were higher than tent Fahrenheim, and each wagon was considered to be a and so when they passed the beams from the front wagon to the back wagon, so that they would be resting on both of the wagons, that was passing something from a Yerushasarabim into another Roshayochid. However, in this case, the middle part wasn't really it was above Erush. So Rabim known as a moken Patur. But in this case it's not really a mok and Patur, because if you did exactly the same thing on Shabbos, you would be Chayev, since this exact thing was done in the Mishkan, and all of the Malachas of Shabbos are learned from the Mishkan. So certainly, if you do exactly the same thing as that, as that which was done in the Mishkan, you would be Chayev. So the Mishkan begins. Shtag zhura. Two balconies, one opposite the other, on the other side of the street, in a public domain, says the missioner. In this case, hamishit vas zoik mizolezoi, one who passes beams, or he passes something from one balcony to the other, or if he throws it, then potter here is exempt, because this is not the case which was in the Mishkan, because if you recall, they would pass the beams from the front wagon to the back wagon, but never from one front wagon to the wagon next to it widthways, it was only from the front to the back. And therefore, in this case you are potter, because it is not like the Mishkan. However, if both of the balconies were in one line, meaning they were both on the same side of the street in the Roshasarabim, and you pass the beams lengthways from one balcony to the next, so then, ha moishit, if you pass something from one balcony to the next, Chayev, you would be Chayev, even though it's above 10 TFAChem. The reason being that this is exactly what was done in the Mishkan, from one wagon to the one behind it. However, says the Mishnah vahazayrek, if one throws something from one balcony to the next one, then even if they are both on the same side of the street, potter, he will be exempt. And the mission explains, because this is what the Leviim did. This was. This was the work of the Leviim.
[00:06:16] There were two wagons, one up behind the other. In the public domain, they would pass beams from one wagon to the one behind it, but they would never throw the beams. And therefore, if you throw the beams, you would be exempt. And this is even according to Akiva in the previous Mishnah, because over here we're talking about where it was above 10th Fahim, so it's not inside of the rushasarabim, so you would be exempt. Now, the next law of the Mishnah sort of summarizes many of the halachas we've learned about the four different the four different domains, when it comes to Shabbos and the Mishnah says the wool which is built around a pit, when they would dig a pit, all of the earth which they dug, they wouldn't just get rid of it. Rather they would use that earth itself to build a wall around the outside of the pit. So such a wall, the haselah and a rock which are 10FEM high and 4 to Fahchem wide at least. And the truth is, according to many, the height of the pit can combine with the height of the wall which goes above it to make the tent fahchem. And then inside of that area would be considered the reshuz hayachida. Because indeed the definition of a is an area which is at least 4 by 4 surrounded by a wall which is at least 10 Fahim high. And therefore, says the mission, if this is in a roshu sarabim, then one who takes something from the pit or from the rock, or if somebody puts something onto the rock or into the pit, because they have taken from all the opposite, however, says the mission of Paris McCain, if it's less than 10 high or 4 wide and long Potter there will be exempt. And the truth is, if it is less than four by four, then it's considered to be a mockup tour. And even ideally one is allowed to transfer from there into a sarabim or vice versa. And the other scenario where it is 4x4, but the wall is less than 10 high, so that would be considered a kermaless. So ideally one is not allowed to mitra bon on. One is not allowed to carry from there in torture, but if one did so, he would be exempt. Mission gimmel so far in this perk we have discussed two different toys of carrying something from one domain into another. The first one is throwing it and the second one is passing it from one person to another person, instead of putting it down in the domain itself, you put it down, let's say, in the hand of the other lavy who is in the other wagon, or the other person who's in the balcony, that is the second tolder, where there's another person involved not in the action, but he's involved in the fact that you put it into his hand. The third to is something which you've mentioned a few times already, and really many of the laws of Eizor which we've discussed apply to this too. And that is carrying something for at least four AMAs in Roshus Harabim. And as we're Going to see. The same would apply if you throw it in rushasarabim. Now, just like when you transfer from one domain into a different domain, it needs to actually land in the new domain. There has to be a hanochah. The same will apply in this malachah too. So the mission begins. Hazoigsel One who throws something for four AMAs, it travels for amas in a public domain and lands on a wall. Let's say the thing which you throw is sticky, so it sticks to the wall.
[00:09:29] If it's stuck to the wall above 10 tfachim from the ground, that means that the hanokha of the item did not occur in the Roshasarabim. Rather, it occurred in Amokem Patur because it's above 10 tzfachem, and therefore it's like he threw it in the air and not in the Rosh hasarabim. However, if it landed below 10 fahchim on the wall, it's like he threw it onto the ground of the Rosh hasarabim and he is there for Chayev. Continues the Mishnah what happens in a regular case where you actually there's no wall, but you just throw something in for four AMAs. So of course, Hazari writes AB when he throws something for Amos in, it lands on the ground in.
[00:10:10] And that's sort of an introduction to the next couple of cases.
[00:10:13] Zohrak lsoq, Aba Amos. We're going to understand this to mean if somebody threw something intending that it would land within four AMAs, so he did not intend to do a prohibited act. He intended to do a small throw where it would land within four AMAs, but he threw it a bit too hard.
[00:10:32] It ended up traveling to outside for amas, says the Mishnah potter. He is exempt from because he did not intend to throw it for amas. And this teaches us something very important. When we refer to somebody who broke Shabbos by mistake, that does not mean that he didn't mean to do that act. If somebody doesn't mean to do a particular act, such as in this case, he didn't mean that it would go for Amos. That's not considered breaking Shabbos at all. He won't even be chaiv to bring a Corbin Chatas. One is only chaiv to bring a Corbon Chatas if he intended to do that exact act.
[00:11:05] It's just that he didn't know that it was forbidden. He didn't know he wasn't allowed to do it. He didn't know it was Shabbos, for example, or he didn't know this was something which was forbidden. Then he would be chasme, a common chatos. But in this case, since the entire act was not intentional, he is totally exempt. But on the other hand, if he intended to throw it outside of four AMAs and then it actually only went within four AMAs, it landed within four AMAs obligated. And there's a discussion as to what exactly the case was over here. According to many, the cases where it actually did land outside of for amas, and then it just rolled back in. So since it landed past 4AMAs, he can't change that, even if it comes back in later. He did the Malacha, so he's Chayev Now. Some say that it doesn't actually have to land outside of Arba Ammais. It's enough that the wind sort of makes it stop in the air for a moment, or if it changes direction, that's enough.
[00:12:01] However, according to most, it does actually have to land past the four AMAs, is that the sea is not considered to be either because its walls are not considered to be real walls, they're not steep enough, or because it's so expansive and large and not really considered to be surrounded by walls, it's much more open and wide. On the other hand, it's not considered to be a roshasarabim because it's considered so different to a regular road, and because it is far less public than a regular public domain. So because of this, it's considered to be a carmelis, and therefore Hazar, one who throws something for four AMAs in the sea, he throws it and it least four AMAs, and then lands in the sea. Potter, he is exempt. But of course, ideally he may not do this because it's forbidden to carry or to throw something even in a caramelis for four amas Midrabanan. Now what happens, says the missionary, if there was a pool of water, and we're discussing a pool of water which is relatively shallow and it's in the middle of the street, and it is quite muddy. We'll see why that's relevant in a moment. So you've got this pool of water and a public domain goes through it, meaning it's inside the middle of the street, people don't mind passing through it. It doesn't really interrupt the Roshasarabim, and therefore it's considered secondary and subordinate to the rosh has arabim, which means that Hazoik, the one who throws four AMOs in that pool of water. Chayev is Chayev, just like if he throws something for Amos in Roshasarabim. Now, the mission defines what exactly we are talking about.
[00:13:35] How deep is this pool of water?
[00:13:39] It has to be less than 10 deep, because if it is more than 10 Fahim deep, then it is not considered to be secondary to the rich of Sarabim. Rather, it's considered to be like the sea and like any river which has the status of a Carmelis. And you would therefore be exempt if you throw four AMAs over there. Now, the Mishnah ends off by repeating exactly what it said earlier on A pool of water which is shallow and muddy and a public domain goes through it, people don't mind to go through it.
[00:14:11] One who throws something for Amos in there.
[00:14:14] Now why exactly does the mission have to repeat itself? The Gmor gives a number of explanations and we will give one, and that is as follows. The reason why it is considered to be secondary to the Roshua Rabbim is dependent upon the fact that people who are traveling there in the public street don't mind walking through this pool of water, which means that it doesn't interrupt the public domain and it is considered part of it. Now, the mission has to say this twice to show us that whether it be the winter or the summer, it is still considered to be secondary to the public domain. Why would I have thought this only applies in one of them? Because maybe it's only in the summer where people want to cool off, so only then would they be willing to go through this water. Or on the other hand, I could say that only in the winter, where anyway people are more wet and muddy, so they don't mind going through this water. There's logic to say on either side. And therefore the Mishnah has to tell us twice to show that throughout the entire year people are generally happy to go through this water, and therefore it is considered to be secondary to the Rushasarabim. And so if you throw something for Amos over there, you would indeed be Chayev.
