ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
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Eruvin 98
Questions
1)
(a) If the threshold referred to by the Tana of our Mishnah is that of a
Reshus ha'Yachid (and he permits rolling the Sefer from the Reshus
ha'Rabim) then the author of the Mishnah must be Rebbi Shimon - who says
that Chazal did not issue any decrees (i.e. waived all Isurim de'Rabbanan
in face of Kisvei Kodesh. Consequently, even if the Sefer landed in the
Reshus ha'Rabim, he will be permitted to retrieve it, since, due to the
fact that he still holding the other end, there is no Isur d'Oraysa, only
an Isur de'Rabbanan.
(b) Having just established the Reisha like Rebbi Shimon, then how can the
Mishnah go on to say that Rebbi Yehudah only permits retrieving the scroll
as long as it has *not* landed on the ground, and Rebbi Shimon permits it
even if it *has*? This would mean that the Reisha and the Seifa are Rebbi
Shimon, and the Metzi'asa, Rebbi Yehudah - which seems rather odd?
(c) Rabah establishes our Mishnah even according to Rebbi Yehudah, who is
generally strict even by Kisvei Kodesh - but here even *he* will concede
that one needs to make a concession, due to the fact that the Sefer is
lying in the street, and there is a strong suspicion that people will
tread on it (a more serious violation than a Sefer which merely lies on
the ground). Therefore he too will agree that we waive the Isur
de'Rabbanan, and permit him to roll the Sefer back.
(d) If the author of the Reisha is Rebbi Yehudah, and his reason is as
Rabah describes, then why would the Beraisa differentiate between *less*
than four Amos and *more* (what is the difference between bringing it from
the Reshus ha'Rabim to the Reshus ha'Yachid, and moving it four Amos in
the Reshus ha'Rabim)?
2)
(a) According to Abaye (who establishes the Beraisa by an Iskupas
Karmelis) - the Beraisa restricts the Heter of rolling the Sefer back, to
less than four Amos, because, even if the Sefer would fall right out of
his hands, and he would go and retrieve it, he would only transgress an
Isur de'Rabbanan (i.e. from the street to the Iskupah); whereas, if it
rolled more than four Amos into the street, he would not be allowed to
roll it back, since, if if it were to fall right out of his hands, and he
would go and retrieve it, he would be performing an Isur d'Oraysa (by
carrying it four Amos in the street).
(b) Since the author of the Mishnah is Rebbi Yehudah, why do we not forbid
him to roll the Sefer even when it has rolled *less* than four Amos - for
fear that it might fall, and he goes to retrieve it, and carries it back
into the Reshus ha'Yachid via the threshold?
(c) Establishing the Mishnah
by a long threshold will solve this problem - because we assume that, by
the time he arrives at the end of the long Karmelis he will remember, and
stop to rest (in the Karmelis).
(d) Alternatively, we establish the Beraisa by an ordinary size Karmelis,
and we are not worried that he will carry the Sefer from one Reshus to the
other, because most people tend to look at the Sefer and study it as they
walk along, in which case, he will probably stop on the threshold.
3)
(a) Even if he does carry the scroll directly from the Reshus ha'Rabim
straight through the Karmelis to the Reshus ha'Yachid without stopping -
he will not be Chayav, explains the Gemara, because the author of our
Mishnah (as well as of the Beraisa), is Ben Azai, who holds 'Mehalech
ke'Omed Dami', in which case, he will be Patur the moment he steps on to
the threshold.
(b) Neither are we afraid that he may throw the Sefer from the Reshus
ha'Rabim to the Reshus ha'Yachid - because it is forbidden to throw
Sefarim.
(c) A Sofer should leave Sifrei Kodesh covered to protect the script, and
not turned over with the script facing the ground.
(d) But that is only if he has the choice - someone whose Sefer falls on
Shabbos and who is not able to cover it with anything, should choose the
better of two evils, and turn it over on to its script - to protect it -
than leave it lying exposed to the elements.
4)
(a) When the Mishnah speaks about turning a fallen Sefer that stops within
ten of the ground, on its face - it is referring to a Sefer that stopped
on a sloping wall, not in mid-air, as we originally thought.
(b) In fact, before Rebbi Yehudah in the Seifa, we need to add a few
words. This is how the Mishnah reads: 'Bameh Devarim Amurim, be'Kosel
Meshupeh, Aval be'Kosel she'Einah Meshupeh, Lema'aleh mi'Sheloshah, Golelo
Etzlo, Lematah mi'Sheloshah, Hofcho Al ha'K'sav. Rebbi Yehudah Omer, Afilu
Eino Mesulak Min ha'Aretz Ela Ki'melo ha'Chut, Golelo Etzlo'.
5)
(a) The Tana Kama holds that if the Sefer is within three Tefachim of the
ground, it is forbidden to roll it back - even if it did not land on
anything. According to Rebbi Yehudah, as long as the Sefer did not yet
land on anything, he is permitted to roll it back.
(b) Rava says that (according to the Rabbanan of Rebbi Akiva, who do not
hold of 'Kelutah Ke'mi she'Hunchah Dami') an object that is within three
Tefachim of the ground - must come to rest on something in order to be
Chayav for throwing.
(c) Consequently, in order that Rava's statement should be unanimous - we
establish only one opinion in our Mishnah (not like we just learnt in a.);
namely, that of Rebbi Yehudah, who holds that when the Sefer does not land
on a wall, he is permitted to roll it back even when it is within three
Tefachim of the ground.
98b---------------------------------------98b
Questions
6)
(a) The ledge in front of the window, from which the Mishnah permits
placing things and taking from it - is four Tefachim wide and ten Tefachim
high.
(b) We are not afraid that the vessels may fall, and the owner will go and
retrieve them - because this Din is confined to breakable vessels.
7)
(a) One may not use a ledge which is less than four Tefachim, even though
it is a Makom Petur - because using such a ledge on a regular basis will
result in many vessels falling and breaking, and this looks as if the
owner is deliberately throwing things into the street. And whenever Chazal
permit using a Makom Petur, it is always 'Lekatef Alav' (resting things on
it - casually), but never on a regular basis.
(b) When the Beraisa restricts the use of the top ledge, to the part which
is in front of the window only - it is speaking about a ledge which
itself, does not protrude four Tefachim from the wall, and which is
therefore forbidden to use (as we just explained). However, the part that
is in front of the window, which together with the window, *does* total
four Tefachim, may be used.
(c) The lower-ledge (which *is* more than four Tefachim wide) may be used
- in spite of the fear that, due to the upper-ledge, which makes it
difficult to get to, things will easily fall off.
8)
(a) 'Omed Adam bi'Reshus ha'Yachid u'Metaltel bi'Reshus ha'Rabim,
bi'Reshus ha'Rabim, u'Metaltel bi'Reshus ha'Yachid - u'Vilevad she'Lo
Yotzi Chutz me'Arba Amos'.
(b) In the previous case, one has *not* transferred from one Reshus to
another (as the Mishnah itself has clearly stated); whereas if one
urinates or spits from one Reshus to the other, he *has*.
(c) Rebbi Yehudah adds - that once the spittle has come loose in one's
mouth, one may not walk with it four Amos in the street, but is obligated
to spit it out. This is because, once the spittle comes loose, it stands
to be emitted, and is considered a burden for which one Chayav on Shabbos.
9)
(a) Rebbi Meir prohibits standing in one Reshus and carrying in the other
- for fear that he may bring the object to him.
(b) Rav Chinena bar Shalmayah believed the text in our Mishnah to be
*'Lo* Ya'amod Adam' (like Rebbi Meir) - since the Seifa of the Mishnah (on
Daf 101a) goes like Rebbi Meir.
10)
Rava says 'ha'Ma'avir Chefetz mi'Techilas Arba le'Sof Arba, ve'He'eviro
Derech Alav, Chayav'.
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