Shabbos 3b — Iyun
Does Your Hand Become Its Own Reshus?
Part of Shabbos (Iyun) · 56:36
Working through Abaye's sha'ila of whether an outstretched hand becomes a karmelis, with the Sfas Emes's question from the beehive sugya, Rashi and Tosafot's dispute over the case of carrying above ten tefachim, and a new sugya on mid-act awareness of an aveirah.
Audio Transcript
Finally after that we get to the shaila of Abaye. This was a הקדמה he gave, certain thing I know for sure, then I have a שאלה, Abaye said. ידו של אדם נעשית כרמלית? Did the חכמים say that you can't take it back because it's a כרמלית, or not? In other words, the shaila is did the חכמים make a דין כרמלית? Especially the way your girsa is, the way Tosafos's girsa is, that the question is not מי קנסוה, but מי אסרוה? Did the רבנן make a דין כרמלית on this hand? Umemila, can you take back the hand into the רשות when you have something in it, because if it's a כרמלית you can't take back. So here,
the Sfas Emes asks a shaila: if you look in the Gemara on דף ח עמוד א', ח עמוד א', it's noge'a to know because we're going to get there eventually, דף ח, umemila it's good to know ahead of time what the Gemara says there. It happens to be a hard sugya there, called the sugya of כוורת. You could, how do you know if something is a hard sugya or not? You see the Rashi, Tosafos, and Tosafos they used to call it ביי אידן א מאל, a תוספות מיט א בויך. אַ גרויסע, אַ גרויסע בויך, a big stomach, you know, a deep Tosafos. הגם sometimes they say farkert, a קליינע תוספות'ל, a קליינע, a פייערדיקע, שפיציקע, it's small but but shpitzik. But usually when there's a lot of you know there's a lot of, not a complication. Anyway, not to get into the whole sugya, the Gemara speaks about there, אמר אביי, look at the two dots, the fifth line or sixth line from the top, אמר אביי: זרק כוורת, if someone takes a beehive and throws it into the רשות הרבים, and if the beehive is גבוה י' ואינה רחבה ו', if it's 10 טפחים high and not wide six, which really six here means it's not ד' על ד', it's a circle, it's a beehive is round, but the bottom line, if it's not six, m'meila it doesn't have a square of ד' על ד', חייב, you are חייב because what you did was you threw an object into the רשות הרבים. But if it's רחבה ו', if it is six, which means if it is wide four by four, you are פטור. That's what he says, Abaye. Why? Zogt Rashi, why are you פטור? If you look at Rashi, Rashi says, רחבה ו' פטור, look at Rashi over there. You see that everyone looking into that Rashi? Rashi דף ח עמוד א', רחבה ו' פטור, Rashi says why? דהוה רשות לעצמה. If it's 10 טפחים high, if it's a box 10 טפחים high and four by four, what is it? It's a רשות היחיד. ואנן ממשכן גמרינן, we learn out from the משכן שהיו זורקים מחטים אבל מחטים זה לזה, they would throw, what they worked in the Mishkan and they made the things for the Mishkan, they would throw needles to each other, ולא היו זורקין רשויות. They didn't throw רשויות, didn't throw a גאנצע רשות. So since in the Mishkan they didn't throw a גאנצע רשות, ממילא if you throw a גאנצע רשות, you are פטור. Comes the Sfas Emes and asks a שאלה: if we're going to say that the hand is a כרמלית, so you're not allowed to take back the hand, the question is, carrying the רשות itself! Taking the רשות itself is a reason to be חייב or a reason to be פטור? A reason to be פטור! Here we're saying in the Gemara, אביי asks, if it's a כרמלית, then it's אסור to take back. If it's not a כרמלית, it's מותר. In other words, the fact that it's a כרמלית is a reason to make it אסור to take your hand back. But when you're taking your hand back, you are taking the רשות back. Taking the רשות back is a reason to be פטור, not a more reason to be not חייב, פטור, not not אסור. But is your hand the correct measurements to make it a... Well, whatever it is. In this case, the רבנן made it into a רשות of a כרמלית. And he answers I'm doing the this side of the board. He answers that even over there, when it says פטור, it's still אסור מדרבנן. In other words, the fact that it's a רשות doesn't mean that that's מותר מדרבנן, and here we're talking מדרבנן, מדרבנן that's אסור. So in other words, the fact that we find in the Gemara throwing a רשות is פטור doesn't mean it's not אסור. ממילא over here, we could say it's אסור even though it's a full the hand itself is a רשות and you'll be taking back the רשות. Ah? Also, he says, the Gemara on דף ח' he says, when it says if it's רחבו ו' פטור, פטור אבל אסור. So it's still אסור. Do we say that the רבנן didn't want to make it אסור because then they would make them אסור מדאורייתא? That's the Gemara later, we're talking about the first part. And then there's will be a problem if it's אסור מדאורייתא. No, but then it's not going to be taking the רשות, it'll be throwing the object. The חיוב דאורייתא will come, the object will fall. Here we're asking about taking back. Taking back means you're taking back the רשות. Taking your hand back is not just taking the object back, taking the reshus back. And taking a reshus should be a reason to be less chayav, not more chayav. I just want to explain a little bit his kashya. Lichorah, at first glance, his kashya shouldn't be a kashya. Because if we looked into the Rashi before on דף ח' where we just looked in, we only looked at the half of Rashi. If you look at the second half of Rashi, it'll seem like what we're saying now what he's asking is not true. Look at Rashi says: If throwing a reshus is patur, how come if it's less than ד' על ד', you're chayav? It's also a reshus. What's something that's י' tefachim high and it's not ד' על ד', what is it? Hakarmelis? No. If it is I'm sorry, if it is if that's a מקום פטור, if it is ד' על ד' and it's not י' tefachim high, I'm It's a karmelis. But if it's not י' tefachim high, here he says you would be chayav. So Rashi says if we're saying if you throw a reshus you're patur, how come if it would be ד' על ד' and not י' you would be chayav? So Rashi answers, אי תימא בדלא גבוה עשרה נמי רשות לעצמה, it's also a רשות, דהא שמו! It has a name, karmelis! So Rashi answers, איהי לאו מדאורייתא הוה רשות. It's not mideOraita it's not a רשות, אבל מדרבנן. So what do we see from that Rashi? That when do we say throwing a רשות is patur? Only when it's רשות היחיד. Throwing a כרמלית, you're not patur. So what's the what's his kashya to begin with? What are we talking about here? What does the hand become? רשות היחיד. כרמלית. Your hand becomes a כרמלית. A כרמלית! Nu, so what's his kashya? He says, how could the Gemara say that it becomes a separate רשות it's a reason to be chayav, when in the Gemara over there, the way Rashi explains, becoming a separate רשות is opposite, a reason to be patur? That's his kashya. So I'm asking, I don't understand what this kashya is. Rashi says clearly over there that if it's a כרמלית, it's not patur. It's only by רשות היחיד. And here we're trying to say, what is it? So he's chayav. But what is it here? A כרמלית! Yeah, we're trying to say So what's his kashya? So I just want to explain his kashya is, before we get any further, his kashya is not that it's the exact same case over there. Bichlal, from there we see something that turns into a רשות is more reason to be chayav or patur? Patur. More reason to be patur. Ela mai, by כרמלית it's still not patur. But if you're looking at something to be chayav, to be more asur, is it a becoming a רשות or no? We're saying over there, legabei that din, a כרמלית is only miderabbanan. But the general outlook is, from that Gemara we see that throwing a רשות that in the case of over there is more reason to be פטור. Here the Gemara comes out the fact that we're turning the כרמלית into a רשות, the hand into a רשות, it's not just a קנס, we're turning the hand into a רשות and that's a reason if it's a כרמלית then it's חייב, if not, not. But לכאורה, from that other Gemara we say the fact that it's a רשות is more reason to be פטור. And he says, but it's only חייב פטור, but פטור אבל אסור. But
be'emet, there are other ways you could answer his kashya. One way was what we just said now, that what? That it's still אסור מדרבנן, ממילא מדרבנן it makes no difference if it's a רשות or not, but then there are other ways to answer it. There's a difference, ah? What does the Sfat Emet say? He says that when the Gemara says over there it's only talking לגבי איסור דאורייתא, לגבי דרבנן the fact it's a רשות makes no difference. And here we're talking about איסור דרבנן, ממילא it makes no difference if it's a רשות, it could be a רשות and you'll still be חייב. Still be אסור, I mean. Ah? מדאורייתא. מדאורייתא! Only לגבי דין דאורייתא we say a רשות is less reason. But לגבי דין דרבנן it makes no difference if it's a רשות. Still be חייב. So you'll still be אסור, not חייב, it'll still be אסור. But be'emet, there's another answer given to answer this Sfat Emet's kashya. Look back at דף ח'. On that piece of the Gemara where Rashi says that you're פטור if you threw a רשות because in the Mishkan they weren't throwing רשויות, ממילא everything is learned from the משכן, so that's not part of the מלאכה, so on the side it says the Tosafot Yeshanim, I don't know which side is in your gemarot, the original Gemara it's mamash on the side here, ולא נהירא. On that Rashi where it says, they say, ולא נהירא, I don't like what Rashi says, he argues on Rashi, how could you tell me in the משכן they didn't throw רשויות? דאשכחן מיה we do find שהיו מוציאין רשויות, they carried out רשויות! כגון the ארון and the מזבח, didn't they carry it? So when they carried the ארון and the מזבח, the ארון was big enough to be a רשות. Maybe they took down the walls before. They didn't. The ארון they took apart? Yeah. No, they took maybe they took they took apart the whole entire בית המ... they took Yeah, yeah. Because it wasn't done in the משכן. It didn't wasn't they didn't take it out of the רשות yet. They broke the רשות, they broke No, but they carried רשויות! They carried the רשות into רשות הרבים, they carried a רשות. The מזבח was the size of a רשות. Multiple people carried it. So? No, but we're saying this didn't happen in the משכן, he's saying. Something that didn't happen in the משכן. It did happen. The answer that we give to that קשיא of the of the Tosafot Yeshanim is, it's a difference between throwing and carrying. Carrying, taka they carried רשויות, and if the same guy would carry a כוורת, which we're talking would be חייב, but Rashi means throwing a כוורת, you're פטור. So there's a difference between throwing and carrying. So ממילא if Rashi only talks about throwing, not about carrying, so then there's no kashya here to begin with. What's the case of Abaye? You threw something? You carried it out! So m'meila there's no kashya to begin with. If you learn like that, that we're מחלק between carrying and throwing, and what would be takeh the chiluk? Because not only because it wasn't in the Mishkan, it's not כדרך! To throw רשויות is not a normal thing to do. To carry a big box or to carry a desk is a to throw a desk, not normal. I mean, people who are not normal will do it. I remember once in the dormitory of yeshiva in 770, there was somebody, there was a fridge in the in the dormitory and the fridge broke and it was taking up space, so someone opened the window and just threw it. Looked down, nobody was there, and threw it out the window. In front of 784. Threw it down into the grass there, whatever. Good, now you have the whole the front there, but then it was like grass in front, so he just threw it out the window, okay? So some people do throw רשויות, but normally you don't throw רשויות, but to carry, sure, you carry a fridge, you carry a desk. So m'meila there's a difference. So that's another way to answer that from that Gemara is no re'ayah, because that Gemara when it says the inyan of רשויות is less, that's different than this. But then there is another answer also you could give. Ah? So takeh the Gemara over there is only saying patur if you threw it. But if you carried it, takeh you'd be chayav. So if you carry it, you're chayav. It comes only miderabbanan. It's derabbanan anyway. But then there's another way to answer it. The Gemara over there is talking about carrying רשויות. Carrying a רשות, you're patur. But throwing- that's carrying- let's say not the way we just answered. Let's say, but throwing a רשות, you're patur. In the case over here, when you're talking about taking the hand in, it's not only taking the רשות in, taking with the object. That's a different thing. If the whole issur is only the רשות itself, ein hachi nami, the fact that it's a רשות is a reason not to be chayav, but if you're carrying the רשות together with the object, so then you'd be chayav for the object even though the רשות is involved. So his she'eilah is not such a strong she'eilah, understand? No, everyone understood? That was the answer for the Sfas Emes's kashya? Yes. The Sfas Emes's kashya was from that Gemara we see that throwing רשויות, the fact that it's a complete רשות is a reason to be פטור, and here we're trying to say because the hand is a רשות it's more reason to be אסור. So we're saying, when is it a reason not to be אסור or less to be חייב? When the איסור is, the הוצאה is on the רשות itself. Here the הוצאה is not on the רשות, the הוצאה is on the object. אלא מאי, you're also taking the רשות in. Then there's another way to explain it. Over there, you took a רשות and you threw the רשות. After you threw it, it remains a the רשות, and that's why you're פטור. Over here when you take it back in, it loses the רשות object חלק of it. What happens to the hand? When it's outside it's a כרמלית. You bring it in now, not only did you bring it in from a כרמלית to רשות היחיד, the רשות is no more רשות. When you take a כלי and you throw it into a different רשות, whatever רשות that it is, explodes... No, that's not, explodes is no, not needed, it landed on the floor. So it was a רשות היחיד, and it landed in the רשות הרבים, and what is it now? Still a רשות היחיד. So if you threw a רשות היחיד, which remains a רשות היחיד, that's not a חיוב. But here, what happens, the hand is a כרמלית. It only could be a כרמלית outside. There is no such thing as a כרמלית in a רשות היחיד. You ever hear a כרמלית in a רשות היחיד? No. A רשות היחיד is a רשות היחיד completely. You can't have a רשות הרבים in a רשות היחיד, you can't have a כרמלית in a רשות היחיד. Where could you have a כרמלית? רשות הרבים. In רשות הרבים you could have something that has the שיעור, it's ד׳ על ד׳, ten טפחים high, it's what? הכרמלית. ד׳ על ד׳, ten טפחים high, what is it? רשות היחיד. If it's ד׳ על ד׳ and not ten טפחים high, it's a כרמלית. It's all in the רשות הרבים. If you say the hand is in the רשות הרבים, and it turns into a כרמלית, you can't take it back. What's going to happen when you take your hand back? It's going to lose the כרמלית, and that's why it's not the same like over there. Over there, when we say you cannot, there's no problem in throwing a רשות, because it's a רשות from beginning through end. But when you're taking it in and it's losing the רשות aspect of it, so then that's part of the issur, farkert, that's asur. You're not only carrying the object, you're even carrying the רשות, turning the רשות itself into רשות היחיד, right? You're taking the כרמלית, which is the hand, not only are you carrying the object now into the רשות, it's in the כרמלית, and you're going to take the object into the רשות היחיד, you know what's going to happen? The רשות itself is turning into רשות היחיד, because the moment you take your hand inside, the hand is now a רשות היחיד. It's finished the רשות. So mimela here it's not the same like over there. So over there takeh it's a reason to be patur, and here it would be a reason to be, to be asur and chayav. Okay, now let's go vayter. Why is it a reason to be patur over there? Because they didn't throw in the Mishkan. They didn't throw it in the Mishkan. Like Rashi says, no, the reason is because they didn't throw רשויות in the Mishkan. And let's not be mechalek now between throwing and carrying. Rashi goes that they didn't carry רשויות either. But it's all, and mimalei it's not chayav, it's all they didn't carry reshuyot, reshuyot which are reshut from beginning to end. But the moment that you're carrying a reshut and the reshut is coming in and changing not a reshut anymore, that is not a reason to be patur, farkert, it's a reason more to be chayav. You're even switching reshuyot. Not only are you switching the object from one reshut to another, you're switching the reshut itself. Okay, now let's go to another thing. So anybody who did not follow so far could now start following, because we're at a ענין חדש.
The first teretz of the, the next, first the Gemara wanted to say the two beraitot that we brought, what is the two beraitot? One says you could take back, one says you can't take back. What was the answer? The first answer? All the way in the beginning, Abaye asked a she'eilah, so we had said there are two beraitot, and what were the two beraitot? They argued, Abaye's she'eilah is a machloket between the two beraitot. One says it's karmelit, one says it's not. Then the Gemara says, no, כולי עלמא ככרמלית דמיא. לא קשיא כאן למטה מעשרה כאן למעלה מעשרה. And if you stuck, if it's למעלה מעשרה, then patur. How could patur, are you allowed to take it back or not? What's the din? מותר להחזיר? So when the beraita says you're allowed to take it back when you stuck your hand out with an object, talk about higher than, it's, you stuck it out, if it's למעלה מעשרה, I'm careful with which words I use, because it's not so pashut. I started saying you stuck it out למעלה מעשרה, I'm not too sure, we'll see in a second. If it's למעלה מעשרה, the beraita where it says אסור להחזיר is למטה מעשרה, fine. Let's look at Rashi. Rashi on למעלה מיו״ד. Look at the Rashi on למעלה מיו״ד, we have to look in. למעלה מיו״ד, דאויר מקום פטור הוא. Lemalah miyud is, because the klal is רשות הרבים עולה עד יו״ד. רשות הרבים עולה עד יו״ד, רשות היחיד עולה עד לרקיע. Anything that's a reshus hayachid, if you have like a box which which is arba al arba and their walls asarah tefachim, all the way, anything all the way on top of that, it's reshus hayachid. But the reshus harabim is only עד יוד. What about a karmelis? How far does it go? Regular karmelis. Until what year? It's a makom patur. So, how far does it go? Also till 10. If you have something that's six tefachim high and arba al arba is a karmelis, but how far is a karmelis? Only up to 10. A karmelis doesn't go higher than 10. That's a makom patur, or even if it's more than 10. If it's less than four by four, no matter how high it is, it's a makom patur, less than arba al arba. This is one thing before you learn מסכת Shabbos you have to know these. If you don't know this, then you could close the Gemara. It's like somebody once said he he knows gantz מסכת שבת very very clearly, there's only two rashei teivot and he's not so familiar with: רה״ר, רה״י. He doesn't know what it means, but other... so you don't know two rashei teivot, that means you don't know the Gemara. He knows the whole Gemara. Same thing, if you don't know that, you don't know what you're talking about. If you don't know the klalim, you will never figure out anything further. So, reshus hayachid reshus harabim is whatever the shiur is, has to be ט״ז אמה, has to be a lot of people going, and it's only 10 tefachim. Till here, let's say, this is about 10 tefachim. Anything on top of that is not reshus hayachid is not reshus harabim, I mean, it's reshus harabim. It's a makom patur. Reshus hayachid is all the way up, karmelis is only up to 10, and the rest is makom patur. So, let's say if someone Let's say this is a reshus harabim, someone picks something up and threw ד׳ אמות birshus harabim, and it landed over here, stuck to this, what's the din, chayav or patur? Patur. Why? That's what Rashi says here, כי תנן: הזורק, הזורק ד׳ אמות בכותל, if he throw ד׳ אמות ברשות הרבים, but it landed on a wall, if it's למעלה מ-י׳ טפחים, כזורק באויר, like it didn't land, ופטור, דלא הוי רשות הרבים למעלה מ-י׳. So, therefore, in this case, what were you going to ask? No. Is a body considered a רשות היחיד? Because if you throw it to someone and someone catches it high Oh, the Gemara has a whole thing if you carry it on your shoulder, you're חייב. Why? It's למעלה מ-י׳. That's a different story, it's an exception because you're standing on the floor, and משא בני קהת Yeah, this is this is a sugya, this מסכת שבת is not easy. It's complicated with so many detail, but you got to learn every case separately. But this is something that everyone has to know before you start. So, if you throw למעלה מ-י׳, it's a מקום פטור. הלכך Rashi says therefore if it's למעלה מ-י׳ נו, what does זאגט Rashi weiter? לא קנסוהו. Why? דלא לא עביד איסורא, because he didn't do an issur. So, that means Rashi learns that when he stuck his hand out here, when the ברייתא says מותר להחזירו is למעלה מ-י׳, that means you stuck your hand out where? Into a מקום פטור, and that's why you're פטור, because you didn't do any aveirah. The whole she'eilah is we're saying באמת לאו ככרמלית, and it's a knas, but למעלה מ-י׳ is nothing to קנס׳ן. Why is it nothing to קנס׳ן? כי כרמלית, I'm sorry. You say כי כרמלית, but the reason why you don't knas, why? Because what does Rashi say? You didn't do an issur. Oh, there are two things here. Rashi says one, and the kushya is going to be why it's the other. Rashi says why we're saying that both hold it's a כרמלית, why if you stuck it out למעלה מ-י׳ you're פטור? You know what I would have said? Oh, the two different... Rashi says because you didn't do anything wrong. What did you say? Not because when you stuck out you didn't do an aveirah, since it's למעלה מ-10, it can't be a כרמלית. If you're saying בעצם a hand is a כרמלית, but where is it a כרמלית? A כרמלית could only be in a רשות הרבים. You can't have a כרמלית in a in a מקום פטור. So, if you stuck it out there, why shouldn't you be able to take it back? Forget about whether you did an aveirah or not. Because you're telling me that בעצם you stick it out, your hand turns into a כרמלית, but in this case it can't turn into a כרמלית, because it's למעלה מ-י׳. So, Rashi says the reason Rashi No, Rashi says it's a מקום פטור, and therefore when you stuck it out you didn't do an aveirah, and if you didn't do an aveirah, so the Chachamim allowed you to take it back. Why did We don't need to that have that vort. That's what it But where do they make it? Wherever a כרמלית could be. If If you say them if it's stam a קנס, not a כרמלית, then you could say the Chachamim could say you did nothing that at In a certain case where there's no reason, nothing asur, we make a we make a gezeirah, we make a Only in a כרמלית could be. Only in רשות הרבים where a כרמלית is able to be. במקום פטור למעלה מיו\"ד there's no כרמלית. So Rashi could have said that since it's a מקום פטור because לא הוי רשות הרבים למעלה מיו\"ד הילכך לא קנסוה דלא הוי כרמלית. And that stays מקום פטור you're saying. Yeah, because it's a מקום פטור. No way. And he says לא עביד איסורא. Maybe it's because it was after his body. Okay. Now maybe the hand by a מקום פטור? No, by רשות הרבים. No, it's למעלה מיו\"ד. I know, his body's where? רשות הרבים. His body's רשות היחיד. What's the case of Abaye? Yeah, but standing in רשות היחיד and his hand's a כרמלית and since his body's למעלה מיו\"ד his hand's over. No, his body's not higher than יו\"ד. Of course it is. His body is on the ground. Again, you can't say half body half hand. His hand is not a body. Yes it is. That's not how Rashi learns like that. Rashi says that, but Rashi is not a re'ayah. So keep this in mind a second that Rashi does say לא עביד איסורא. Okay. So we'll get back to that in a second. This is one thing.
Now let's compare Rashi to Tosafot. What did Tosafot say? מהו שתעשה כרמלית. No, not that one. כאן למעלה מיו\"ד I mean. So Tosafot asks a she'elah, if he stuck his hand out למעלה מיו\"ד לכתחילה נמי מותר. What's the peshat you can't take it back? לכתחילה he'd be allowed to do it. Did he do anything wrong? במקום פטור למעלה מיו\"ד is a מקום פטור. Yeah. What does Tosafot answer ויש לומר? The case is not that he stuck it out למעלה מיו\"ד, that's אטו. The case is הוציאו מתחילה דרך מטה מיו\"ד. Oh, first he took it out. He took it out למטה מיו\"ד. And what we're saying is you're allowed to take it out pick it up למעלה מיו\"ד and take it in through למעלה מיו\"ד. Does Rashi learn like Tosafot? No. Because at the beginning Rashi says it was never in. Said he threw it on the wall, was never. No, Rashi doesn't say threw it on the wall. He stuck his hand out. Rashi just gives an brings the Gemara where it says למעלה מיו\"ד מקום פטור from the din of the wall. But where do we see it? What do we see from Rashi? Does Rashi hold like Tosafot or not, tell me. Yes. No, no it doesn't because Tosafot gives a. Tosafot argues where it becomes a כרמלית still it's a מקום פטור. Why you have to go through all the diburim? Look simple. Tosafot says that he stuck it out למטה מיו\"ד. Was that wrong or right? Was he allowed or not? למטה מיו\"ד was he allowed to stick it out? No. Rashi says לא עביד איסורא, he didn't do anything wrong. What do you mean he didn't? He did wrong. Very simple. Rashi says that they didn't make a knas, you're allowed to take it back if it's למעלה מיו\"ד. Why? Because you didn't do anything wrong. Tosafot says that you did do something wrong. במקום Tosafot asks the she'elah, if you stuck it out למעלה מיו\"ד and you didn't do anything wrong, then what's the chiddush here? I mean atu he didn't do anything wrong, you're allowed to do lechatchila. So what's the problem? Lechatchila you're allowed to stick out למעלה מיו\"ד. So that's why Tosafot says it can't be that you didn't do anything wrong. That means, means, means that you did something wrong. What did you do wrong? You stuck it out למטה מיו\"ד. And the she'elah is now, if you take it from למטה מיו\"ד to למעלה מיו\"ד, can you take it in? And we said yes, to take it in. כאן למעלה מיו\"ד you're allowed to take in through the למטה מיו\"ד, take through למעלה מיו\"ד and take it back. And if כאן למטה מיו\"ד you're not allowed to. What aren't you allowed to? Not allowed to take it back. You're not allowed to take back למטה מיו\"ד. So Rashi and Tosafot don't go together. Rashi argues, Rashi says לא עביד איסורא. The she'elah is aber according to Rashi we have Tosafot's kashya. So how can you take it in a karmelit if it's לא עביד איסורא? Im kein, if you took it out למעלה מיו\"ד לא עביד איסורא, what you telling me למעלה מיו\"ד and it's okay? Like I'm saying, if, if a person picks something up here inside, picks up a drink and he drinks and then puts it down, we don't give you a knas. Lama we don't? You didn't do anything wrong. What's the pshat? So it must be in Rashi that there is something that we could have thought that it should be still asur to take back. Now if he didn't do any aveira lechatchila Tosafot's kashya, so how will we answer Tosafot's kashya al Rashi? So we have to say like this, you could answer say like this that there would have been a hava amina. There would have been a hava amina that if you took it out למעלה מיו\"ד it should still be assur. Why? You did something wrong. You did, I would think. Rashi tells you that you didn't do anything wrong. But what would be the sevara? Because we're afraid that if you stick it out from רשות היחיד it might fall down, you took it out למעלה מיו\"ד and it might drop and you might drop and what'll be the aveirah then? But lechatchilah you took it out from רשות היחיד to. מקום פטור, it's a מקום פטור. What's going to happen now, it's going to fall from מקום פטור to רשות הרבים. So it's going from רשות היחיד to רשות הרבים דרך מקום פטור. Is that assur or not? So why would you be allowed to take it back in? Whoa, whoa, whoa, let's not jump to things. Is there a reason to be assur? You take out from a רשות היחיד to to a רשות הרבים דרך מקום פטור. Take a restart, yeah. Okay, so there is a din later on. Again, you have to a lot of see all these dinim are connected. The Gemara says here, later on here, on דף ח עמוד ב look at the bottom. אמר רבא the ממש the two lines from the bottom. Two lines from the bottom, ח עמוד ב. אמר רבא: המעביר חפץ מתחלת ארבע לסוף ארבע ברשות הרבים, which means what? No, no, ברשות הרבים. You pick something up and you carried it from the beginning of the four to the end of the four, so what melachah did you do? Which Which Yeah, it's part of hotza'ah, but which melachah of hotza'ah? מעביר ארבע אמות ברשות הרבים. But his chidush is, אף על פי שהעבירו דרך עליו חייב. What's דרך עליו? So look in Rashi. Rashi says, שהגביהו למעלה מיו\"ד, if you picked it up למעלה מיו\"ד, דלא שלטא ביה אוירא דרשות הרבים, it's not אוירא דרשות הרבים, but what is it? והוה רש\"י says a מקום פטור, you're still chayav. So if you pick it up in a רשות הרבים and you carry it, even if you pick it up and you hold it in your hands high and you walk with it ארבע אמות and then you put it down, you are chayav. Rashi says, כהדר אנחיה, even though you put it after you put it down, אף על גב דדרך מקום פטור אזל. Even though Yeah, chayav. You're חייב מדאורייתא if you go דרך עליו. But this is only the din by ארבע אמות ברשות הרבים. By hotzaah, it's not true, but there would have been an hava amina, someone might think that just like by ארבע אמות ברשות הרבים there is a din that if you carry it through the מקום פטור and then you put it down again in רשות הרבים, you are chayav, so we would think the same thing might be that if you pick it up in a רשות היחיד and you put it out into the רשות הרבים and then it'll go down, you'll drop it into the רשות הרבים, so even though it went through the מקום פטור, you'd still be chayav. Just like over there, Rava says, המעביר מתחלת ארבע לסוף ארבע, אף על פי שהעבירו דרך עליו, even on top of you, which if on top of you is definitely more than י' tefachim, a person is higher than ten tefachim, you are chayav. So the same thing should be here. So therefore, the fact that you stuck your hand out into the מקום פטור is also wrong, because we if you're afraid what'll happen, you might drop it, and you will be carrying from רשות היחיד to רשות הרבים דרך מקום פטור, which is asur, דרך עליו. That's why the we're telling you no. So Rashi adds you should know דלא עביד איסורא כלל. Tosafot's kashya was what's the chiddush? Obviously, it's not an issur if you stuck it out into דרך into רשות הרבים into למעלה מיו\"ד. Right. So Rashi could learn the case is like this, you did stick it out למעלה מיו\"ד. Ai, the she'eilah is if you stuck it out למעלה מיו\"ד, what's Tosafot's kashya? Tosafot says, mutar lechatchilah, what what's the chiddush? So Rashi's chiddush will be that I would think it might be it is an issur. Question. Yeah. Uh how could it be? What What We're So we're scared that this guy's going to drop it in רשות הרבים, so instead we make him leave his hand out there for four hours? Why did you just let him bring it back in then? If you're afraid that he's going to drop it, you should let him bring it back in. Well, that's the whole Gemara later. No, you'll learn the Gemara later. No, so we'll see. But he's not afraid. But we're not talking about למעלה מיו\"ד later. What's nafka mina if it's if it's an issur? If you did something wrong, no you shouldn't do it, no. We're afraid we're thinking maybe it's assur to stick your hand out למעלה מיו\"ד. What he did there's nothing wrong, so you're going to put him No, what do you mean there's nothing wrong? There is wrong. That's what we're afraid there is wrong. The Chachamim don't אסר it? We think maybe it's an איסור דרבנן to stick your hand out even למעלה מיו\"ד, because we're if you stick it out, you're going to drop it. So you did something wrong. You did something wrong, the רבנן made issur, you can't take it back. So it's איסור הוצאה. Over there, it's איסור ארבע אמות, איסור הוצאה. You might think the same, like by איסור ארבע אמות there is למעלה מיו\"ד is still chayav, so maybe by הוצאה it would be the same, there's a sevara. So therefore, he tells you the beraita tells you no. And Rashi adds, what is that the beraita telling you, דלא עביד איסורא כלל, that's the chiddush, that he didn't do any issur. Right, he just by carrying out in the למעלה מיו\"ד, he didn't do an issur. No, you didn't. You're Yeah, the whole sheilah of Abaye is he didn't put it down. You stuck it out, now can you take it back? And that's a chiddush, and that's a chiddush that the Gemara is telling tells us the way Rashi learns. And therefore, this could answer maybe the first sheilah we asked on Rashi. Rashi could have, why does he say there is no issur done? Why didn't he say because it's no כרמלית there? But we could say that maybe because just like over there by ד' אמות למעלה מיו\"ד is a problem, maybe if you came from רשות היחיד over the רשות הרבים should also be a problem the Chachamim could make it into כרמלית. So the fact the fact that it's not that a כרמלית cannot be למעלה מיו\"ד, we're afraid maybe that could be in this case. Because just like by ד' אמות, there is a issur there. It has a din of רשות הרבים. למעלה מיו\"ד is not רשות הרבים. In the case of ד' אמות, and you carried it למעלה מיו\"ד, what do we consider, which melachah are you over? מעביר בד' אמות ברשות הרבים. How you carried it למעלה מיו\"ד? A סימן that in a case like this, there is such a thing. If it comes from, if it starts off at the bottom and it goes למעלה מיו\"ד and goes down back to the bottom, it's called רשות הרבים. Like like על דרך here it could be called a כרמלית למעלה מיו\"ד. That's what Rashi says, but that's not the reason. The reason is דלא עביד איסורא, he didn't do an issur. That's one way to answer. Well the Gemara says it's mutar to take back, so obviously it's not an issur. Now there's another teirutz to answer why according to Rashi Tosafot's kashya is no kashya. What was that sheilah again? If you stuck it out Rashi learns clearly you stuck it out למעלה מיו\"ד, because Rashi he didn't do an issur. The sheilah is, but if you didn't stick it out, what's the problem? Why were you telling me that you have to take it back or you didn't do anything wrong lechatchilah? So this one answer we gave we would think it might be, we might have a havah amina that is wrong. And then there's another, there's a few more answers that be'emet Rashi learns like Tosafot. Rashi learns that he stuck it down למטה מיו\"ד. And the reason you're allowed to is because you could pick it up למעלה מיו\"ד and take it in. But that's not what Rashi says, and Rashi says you never did an issur. So this is a shtikel dochak, but some say when Rashi says לאו איסורא עביד, doesn't mean he didn't do an issur to beginning, that when he stuck it out, he's not going to be doing an issur now. באמת Rashi learns like Tosafot that where did he where did he stick his hand out? למטה מיו\"ד. And he did an issur, the Ribono didn't want him to do it, and he did an aveirah. But למעלה מיו\"ד means you're allowed to do it because now you won't be an איסור, לאו איסורא עביד. No issur is do is being done. So that's why you're allowed, like and that's exactly Tosafot's peshat. It's not so clean the לשון. Now there is no difference. Again, the only reason we did the difference because Rashi said you didn't do an issur, meaning you didn't do an issur in the beginning when you stuck your hand out. Now we're taytshing you didn't do an issur not you didn't do an issur, you're not going to be doing an issur by taking back through the mai, but you'll have So then takeh could learn that you stuck it out למטה מיו\"ד. Right, because Tosafot learns sounds like you took it out למעלה מיו\"ד, and Rashi didn't explain that you didn't. We're saying now that's what Rashi meant. So Tosafot wonders if it's למעלה מיו\"ד, meaning you stuck it out למעלה מיו\"ד, what's the problem? So he says no, you stuck it out למטה מיו\"ד. And and that's how Rashi would learn also. And he says the reason למעלה מיו\"ד you're allowed to take back, why? Because לאו איסורא עביד, you won't be doing an issur, because למעלה מיו\"ד is no problem, it's a מקום פטור. That's another way to learn. Yeah, but didn't you say that that's obvious? No, it's obvious if you stuck out למעלה מיו\"ד. We're going to learn now a new peshat in Rashi that Rashi learns you stuck it out למטה מיו\"ד. איי, Rashi says the reason you're allowed to take it back is לאו איסורא עביד, even through, and learn like Tosafot that you're allowed to take it back through למעלה מיו\"ד. איי, רש\"י says the reason because you didn't do an issur, but you did do an issur? You won't be doing an issur now, but now you're taking it in למעלה מיו\"ד. Now
there's another peshat, and that's the Sfat Emet's peshat. רש\"י טאקע learns that you stuck it out למעלה מיו\"ד. But you took it down now למטה מיו\"ד. And now it's למטה מיו\"ד. So I would think that it's asur because now it's למטה מיו\"ד, it's asur to take it to to to take it back. So we're telling you Rashi says because לאו איסורא עביד, Since you didn't, no now it, you didn't do an איסור לכתחילה, so the Chachamim allowed you to take it back. Take it back directly from למטה מיו\"ד. No, but the Chachamim didn't kenas you because you didn't do an issur, no? This this answers the first kashya on Rashi 100%. The first kashya on Rashi was why does Rashi say that the reason you could take it back למעלה מיו\"ד is because it's it's it's לאו איסורא? Rashi could have said because it's not a karmelit. למעלה מיו\"ד can't be a karmelit, that was the kashya. But now according to the Sfat Emet it's answered very simple. We're not talking about taking it back למעלה מיו״ד? Taking it back למטה מיו״ד, למטה מיו״ד could be a karmelit. And we're telling you, because since you took it out למעלה מיו״ד, you could take it back now, even though now you put it down למטה מיו״ד you could take it back. But maybe it's a karmelit? Because now your hand is למטה מיו״ד, so could be a karmelit. So if you, so the Gemara according to this peshat is like this: if you took it lechatchilah into למטה מיו״ד, you did something wrong. Because the rabbanan didn't want you to do it, you can't take it back, they made it a karmelit. If you stuck your hand in למעלה מיו״ד and now you took it down למטה מיו״ד, you could take it back. And we didn't say it's a karmelit, even though it could be. Now it's למטה מיו״ד, it could be a karmelit, we didn't say, why not? Because לאו איסורא עביד, he didn't start off with an issur. And this peshat sounds, I have to tell you, sounds the best of all. Who is this? The Sfas Emes. Who's the Sfas Emes? The Sfas Emes says this terutz. Who's the Sfas Emes? Who? The Ger Rebbe. Which Ger Rebbe? First one was the Chidushei Harim. The ones that his words were grandson. Chidushei Harim's grandson. After the Chidushei Harim his grandson took over. When did he live? When did he live? So his son, the Sfas Emes's son was the Imrei Emes, and the Imrei Emes's son was the Beis Yisroel. So now you know when which generation this is? When did the when did the Beis Yisroel pass away? I think תשל״ז. That's how long ago? '77. 1977, so it's not so long ago. So the Imrei Emes was his father, the Imrei Emes passed away in תש״ט, which is in English 1949, and, yeah, not so long ago, and his father, the Imrei Emes's father was the Sfas Emes. When was the Chasam Sofer? Oh, why talk about the Chasam Sofer now? Earlier. The Chasam Sofer was before... Do the poskim learn this Sfas Emes? Sure, of course. Yeah, yeah, because it's on the Gemara and it's mamash like any other Okay, let me explain. So this terutz seems to be, again, the best terutz. Why? Because this answers all the she'elot. From Rashi, it's mashma that Rashi learns that he took it out למעלה מיו״ד. When it says כאן למעלה מיו״ד you're allowed to take it back, it's mashma that he took it out How is it mashma from Rashi he took it out למעלה מיו״ד? Because Rashi says he didn't do anything wrong when he took it out. So, obviously, it can't be like Tosafos. Tosafos says it means he took it out למטה מיו״ד, and now he's taking it up למעלה he's allowed to. But if he took it out, you can't say לאו איסורא עביד. So Rashi learns clearly that he took it out למעלה מיו״ד. The question is if Rashi took למעלה מיו״ד, two questions we had, two questions on Rashi. Number one, why didn't he say למעלה מיו״ד עבודה you could take it back, it can't be a כרמלית, because למעלה מיו״ד? The other sheilah we asked, Tosafos's sheilah: it's pashut obvious if it's למעלה מיו״ד. So now he answered a very good answer: he took it out למעלה מיו״ד, now it's למטה מיו״ד. Can he take it back now? Now, so we're saying you're allowed to take it back. Why? Because he never did a, no, it is, it could be a כרמלית. You can't say it couldn't be a כרמלית, because it's למטה מיו״ד now, למטה מיו״ד could be a כרמלית. So why can't he take it back? Because when he took it out he didn't do an aveirah, because he took it out למעלה מיו״ד. So even though now it's למטה מיו״ד, so basically what he did was, he took it out למעלה, did he do anything wrong? No. He put it down למטה, did he do anything wrong? No. So he didn't do anything wrong, he could take it back. But there would be a hava amina you shouldn't. If the hand turned into a כרמלית, then you would think maybe you can't, because now your hand is למטה מיו״ד, it's a כרמלית. So he says no, because he didn't, לאו איסורא עביד, that's why he didn't make it a כרמלית. How does that answer the other question? It both, it answers both questions, that's why it's the best answer. It answers the question why Rashi doesn't say it can't be a כרמלית? What's the other question? That it can't be because it's למטה מיו״ד now! Right. What was the first question again? I don't know which one you call the first. The first question I asked was, not Tosafos's question, the first question I asked, why, yeah, why did the Gemara say, why does Rashi say that the reason he could take it back is because he didn't do an aveirah, let's say pashut, since it's למעלה מיו״ד, and you stuck it out and now it's למעלה מיו״ד, it can't be a כרמלית. The whole Gemara says this is ככרמלית. So what's Tosafos's question? Tosafos has a different question. Tosafos says, what's the חידוש בכלל you're allowed to take it back? He didn't do anything wrong klal, it's no hava amina. If it's למעלה מיו״ד, you're allowed to lechatchila do it. So what did he do? When you say לאו איסורא עביד it means there's a sevara you might think it's an issur, but I'm telling you it's not an issur. Like I said, Tosafos's kashya is, would it make sense to say if I pick this up here from here I can Why didn't he say why does he say Two sides of the same coin? No, it says Oh, in the beginning that question right there. Yeah. Two separate questions. Why doesn't it say in the Rashi? It says דלאו איסורא. It doesn't say כרמלית. Why is he מפקיע פטורי? That whole thing, fine. No, no, fine. Which one were you referring to? Okay, let's start another inyan now. Run one, run more? Yeah. Okay. The Gemara says a problem: if you're going to put out the hand, if you put out the hand בשחשיכה, so one of the teirutzim says that if you put it out מבעוד יום, you can take it back. בשחשיכה, you can't take it back. And the Gemara asks: ipcha mistabra. Why? Because if you put it out בשחשיכה, you should have to put it you should tell him to take it back! Because if he doesn't take it back or you force him to keep his hand out, he may drop it and he'll come to a חיוב חטאת. That's what the Gemara says, okay. Comes the Meiri, and the Meiri, who was who? A rishon, an acharon, a תנא, an אמורא? Was a rishon. And the Meiri his מעלה is, I mean מעלה you could talk about rishonim as מעלות, he wrote his sefer, the shprakh is almost like an אחרון. The ראשונים write very בקיצור and they write little words, and he writes very oisgehshriben, writes everything clear, mamash it sounds if you wouldn't know it's the Meiri you would think it's one of the אחרונים. The תוכן is more like a ראשון, not like אחרון, but the style of writing is very good. Anyway,
so the Meiri asks a kashya. It's already a למדנישע קשיא, not pshat in the Gemara, but from around the Gemara. He asks a kashya: what is the case here? The guy stuck his hand out בשחשיכה, he made an akirah in רשות היחיד, Nu, want to make? Come. Tell them we're starting a new inyan. We're starting a new inyan, so we need everyone to listen, and it's going to be a very געשמאקע ענין. It's more geshmack than lunch. I don't know how good lunch is. It's more geshmack than breakfast, breakfast time. I loved today's breakfast, it wasn't that bad. Yeah, yeah, I'm not saying it's bad. This is even better. Adrabah, if it's bad then I don't have nothing that is geshmack, geshmack better than nothing. Breakfast is so geshmack and this is even more geshmack. ער שטעלט זיך פאר how geshmack this piece is. So the Meiri asks a kashya: what's the case here? The guy picked it up in רשות היחיד, made an akirah, stuck his hand out בשחשיכה into the רשות הרבים. What are we saying? If you're going to if you're going to let him hold it there, he's going to drop it. And if he drops it, he'll be chayav a chatat, okay. Okay, if it doesn't fall out. No, he gets tired and he just throws it down. If it just rolls out of his hand, no, but we're afraid he'll drop it, he'll throw it down. Because he'll get tired, so he'll throw it down. And the Gemara uses the לשון, what's going to happen? If he throws it down, he'll be chayav a chatat. It will be an איסור דאורייתא, and he'll be chayav a chatat if you do it beshogeg. Obviously, we're thinking here that the guy stuck his hand out, he stuck his hand out even b'shogeg at this point. Later the Gemara makes a חילוק שוגג. He stuck it out b'shogeg, otherwise if you do it b'mezid, you're not chayav a chatat. What are you chayav? כרת or סקילה, you're not chayav a chatat. So we talk b'shogeg. So the guy, where Gemara asks: if he stuck it out again, I'm repeating again, if you stuck it out בשחשיכה, that means you picked up your you made an עקירה in רשות היחיד, it was Friday night, you made an עקירה in רשות היחיד of an object, and you forgot, and once you stuck it out, and now we're telling you: can you take it back or can you not take it back? Who's asking the question? The guy, right? He realized, he realized what he did. We're talking he's a good guy, he's not a freier guy, he's not a bad guy, he doesn't want to cheat. He is a frumer guy, a real frumer guy, and he picked his hand picked it up, stuck it out, and two minutes later: \"Hey, what did I do? I wasn't allowed to do this. Can I take it back or not?\" So we're telling him, so the Gemara says: \"No, you can't take it back.\" So the Gemara asks: why would you tell him you couldn't take it back? If you're telling him you don't take it back, you know what you're going to cause? Eventually eventually he's going to drop it. Now let's say he'll drop it, again, forgetting that it's Shabbos or forgetting that you're not allowed to, he'll be chayav a chatat. But in between the עקירה and the הנחה, he realized what he did, right? Now we have a din that you're only chayav a chatat if it's a שוגג מתחילתו ועד סופו. But if in the middle you figured you found out, lemashal, if someone let's give an example. Give an example of a chayav chatat: if you eat chelev, you're chayav a chatat. Why are you chayav a chatat for eating חלב בשוגג? Because chelev is an עבירה שיש בה כרת. If you do eat חלב במזיד, you're chayav and anything that if you do b'mezid you're חייב כרת, if you do it b'shogeg, chayav a חטאת. Okay. So, what happens if you eat, how much do you have to eat in order to be חייב a חטאת? כזית. What happens if a person started eating חלב בשוגג? He forgot it's חלב or forgot that you're not allowed to eat חלב, and he started eating, and he ate a half a כזית. And then all of a sudden, he reminded himself, \"oy vey, it's חלב!\" And then he started talking to somebody and he forgot again, and he continued the second כזית. And afterwards, \"oy vey, I ate a כזית of חלב.\" Is he חייב a חטאת or not? Huh? Yeah, ate half first, and then he ate... So if he ate half and then he reminded himself, and ate another half במזיד, for sure you're פטור from a חטאת, right? Because it has to be ידיעה מתחילה ועד סוף. Here the שאלה is, יש ידיעה לחצי שיעור? If you ate a half a שיעור and you had a ידיעה, and then you ate another... you forgot again and ate another half a שיעור, in the middle you had a... So you had שוגג מתחילה ועד סוף, but with a ידיעה בינתיים, right, so what's the דין there? So the דין, the חכמים say that יש ידיעה לחצי שיעור. That's called ידיעה, and therefore you are... If it's called ידיעה, you're חייב or פטור? שוגג is... שוגג means he didn't have a ידיעה. So when you say you have to be ידיעה, meaning has to be, he shouldn't know מתחילה ועד סוף. Maybe because I used that לשון. ידיעה מתחילה ועד סוף means that you did not have the ידיעה מתחילה ועד סוף. Okay, maybe that was my לשון. But if you had a ידיעה in between, so has to be, the right words would be שוגג מתחילה ועד סוף, not ידיעה, but if you had a ידיעה in between, יש ידיעה ל... It's called yediah. And the moment it's called yediah, you are patur. So פרעגט דער Meiri a kashya in our Gemara here: you're patur from a chatat? Because you're not a shogeg? He's not chayav to do anything else? It's a strange thing. Yeah, worse. Yeah, but that's the din. You only are chayav if you're a שוגג מתחילה ועד סוף. We have two minutes, let's finish. So the Meiri asks the she'eilah, in this case, how does the Gemara say in this case that if he drops it he'll be chayav a chatat? What happened here? He did the akirah. Stuck it out beshogeg. And now he's asking a she'eilah. If he forgot and didn't know the whole time, there's no question can he take it back, can he not take it back. Well, whoever said it's a case we're talking about a frum guy? We're paskening a din to him. If he's not frum, he's not going to listen to take it back or not. He's a guy wants to do the halachah. He beshogeg took out did an akirah, and he took out beshogeg. Now we're telling him, you know, can't take it back. In other words, why? Because you did an aveirah beshogeg. An aveirah, you did beshogeg. So he did an aveirah beshogeg, but he realized it now. What are we saying? If we're going to make him hold it, he might finish do finish off the melachah, and again beshogeg. Because if he finished off bemeizid, then you're not chayav a chatat. So when we say he'll be chayav a chatat, means he'll finish it off beshogeg. But in between he found out! So between the akirah and the hanachah, he found out. So if you hold יש ידיעה לחצי שיעור and if you find out in the middle, you're patur from a chatat, how does the Gemara here say you're chayav a chatat? Takeh. Oh, זעסטו? Oh, Baruch Hashem. Zack to the kashya. He's maskim to the kashya of the Meiri, right? You're right? No, it's good. No, the pshat is you can hear a kashya, but then when that internalizes: \"Hey, hey, he's right!\" Exactly, very good, yeah. Uh? I can't hear you. Then you're also patur. Not חייב מיתה, because you didn't do ד' אמות. You didn't do, let's say the whole כזית במזיד, right? You're not chayav chatat, because you didn't do the whole thing beshogeg. Ah, so it's a So, but so you're patur, yeah. What's the answer? I can't go without this answer. What doesn't he know? No, he doesn't know what to do is something else, but he knew what he did. He knew that he took out something beshogeg. He did the akirah from רשות היחיד to רשות הרבים בשוגג. And now, before the הנחה, he found out that he did it wrong. Now he's going to forget again, but it's יש ידיעה לחצי שיעור, so in between here he should be patur from a chatat. How does the Gemara say chayav a chatat? So you could say that the Gemara didn't mean literally chayav a chatat. You're going to cause him to drop it, and he will have done a full aveirah, which such an aveirah is in the category of chatat, but he's not chayav. The Meiri doesn't like that. The Meiri says means chayav chatat, but how is he chayav a chatat? How does Of course not. Yeah. And this is the vort that he answers, and this is a whole אריכות, but I'm just going to tell you the first vort and then we'll go further. He says: When do we say that יש ידיעה לחצי שיעור? That's only if the yedi'ah is by case of a example I gave by חצי שיעור. The first two The half a כזית you ate, is chayav is assur min haTorah or mutar min haTorah? Mutar min haTorah. How many times did we already go into this? חצי שיעור is mutar min haTorah or assur min haTorah? Reish Lakish says mutar, we pasken like Rabbi Yochanan: חצי שיעור אסור מן התורה. So says. So he says, listen, so he says, if you had a ידיעה in the middle after a part which is already assur min haTorah, so the middle of your איסור there was a ידיעה, that's when you're patur. But עקירה without the הנחה, is it אסור מדאורייתא or mutar? Mutar. Mutar. Now you guys are scared to say it. Now you're not talking. Nu, tell me. It's only assur because You don't move from the Gemara, but from the sichah you know it, that the Rebbe is מחלק between חצי שיעור is אסור מדאורייתא, חצי מלאכה is מותר מדאורייתא. So here, when you had the ידיעה, there was no part of the מלאכה at all assur yet. So that ידיעה doesn't count to separate, that's as if you had, just like if you had before you started, you had a ידיעה, is that a problem? You know that you're not allowed to carry, then you forgot, and you took it out, that's called, that's called shogeg. Here, even though you did it you had the ידיעה in the middle of the מלאכה, but at what point? A point before there was any איסור. Right. So mimela, that ידיעה doesn't break it up, and that's why you're still chayav a chatat. And what would be by ד' אמות? Okay. You know what? Take the Meiri, find the Meiri, look it into it, it's something it's a very interesting subject, look into it. So where does the Rebbe get this pirush from? I said the Rebbe mentioned the sicha, that's the chidush, that that עקירה והנחה is only