is מובלעות. נהרות of ארץ ישראל is not a place of חוץ לארץ to be able to be excluded, so it's not excluded. The moment it's not excluded, if it's not חייב במעשר, then there's a din that you have to say בפני נכתב ובפני נחתם. מובלעות is less ארץ ישראל than ארץ ישראל, but adrabah, because it's less ארץ ישראל, then you could say it's a makom which is not ארץ ישראל. So it was excluded when they made a din on the makom. They made a din on the makom and it's חוץ לארץ, but this makom of חוץ לארץ is not part. But they couldn't say the נהרות are not part because נהרות is not a makom of חוץ לארץ which you exclude from the takanah. So if it's not excluded, what remains now? So it's not excluded. On the other hand, because the din is that when you plan there, according to you're patur from maaser, so it's not ארץ ישראל. So

it has a din that you have to say בפני נכתב ובפני נחתם. So is נהרות of ארץ ישראל or worse than ארץ ישראל, or worse than חוץ לארץ, or better than חוץ לארץ? On one hand, it's better than חוץ לארץ because it's in ארץ ישראל. But because it's better, it's not excluded from the takanah. And if it's not excluded, it becomes worse. So now if it's not excluded and the din is it's patur from maaser, if it's patur from maaser, we say שלא יחלקו במדינת הים. That's what Tosafos means that גרעה הכא ממובלעות. It's worse than מובלעות. We ask a kashya: why is this worse? This is better than מובלעות. This is better that if by מובלעות we don't say שלא יחלקו, we don't say that we're afraid to make a difference and we do make a difference. How come here we say we're afraid we we תקי say שלא יחלקו, we don't make a difference, and you

have to say? The answer is because l'kulei alma it's not Eretz Yisrael. If it's not Eretz Yisrael, you have to say. Are there other places which are not Eretz Yisrael and you don't have to say? Because they are תקי not Eretz Yisrael and they were excluded. This was not excluded. Just why can't you say that just like when they made the takanah they made an exclusion for the for a place in Eretz Yisrael that would should be like chutz la'aretz. But if they really wanted the the rivers to be like chutz la'aretz, just the way they but we I yeah, I'm saying they don't have to include it. You're saying, I don't know why you say that. I'm saying they don't have to include it. It's included automatically. The moment that's not excluded, it's included. That's assuming they really want to keep it. Right, whatever you have to say Yeah. If they if they didn't exclude it, and why didn't they exclude it? Because to exclude, it has to be chutz la'aretz. There's chutz la'aretz, and the same chutz la'aretz for some reason is excluded. But if it's not chutz la'aretz, it's not excluded. If it's not excluded, it's automatically included, because if you're patur from maaser, that's what it is, so it's גרעה. So the fact that what what was our kashya? Why is it worse than מובלעות? It's better than מובלעות. Yeah, because it's better than מובלעות, it became worse. That's why it's worse. Practically, yeah, because it's better, it's not included, so it's excluded. Now, this explains this what machloket Nachman bar Yitzchak, why he doesn't like it. Rav Nachman bar Yitzchak says that it's not a din on the מקום. The whole thing that we said is only if you hold it's a din on the מקום. If a din on the מקום, then we understand why it's connected to maaser and not maaser. Rav Nachman bar Yitzchak says it has nothing to do with the מקום. If it has nothing to do with the מקום, so that's a din that if it's, you know lishmah, you don't know lishmah. In the נהרות of Eretz Yisrael, in the rivers of, so they know lishmah, and they have עדים מצויין לקיימו. So they know lishmah, so it's not מדינת הים. So now, not only is it not מדינת הים, it's better than מובלעות! If we don't look at it from being excluded or included, it's better than מובלעות. If on מובלעות we say that you don't have to say, even though it's really חוץ לארץ, so in the river of ארץ ישראל, they ועוד don't have to say. That's why Rav Nachman bar Yitzchak comes and says that כולי עלמא לא פליגי that כארץ ישראל נינהו. Because he holds it's better than מובלעות, not worse than מובלעות, it's better. Why? Because he doesn't hold lechatchilah it's a דין on the מקום. מה שאין כן the the Rabbi Yirmiyah who answered the תירוץ, hold it's a דין on the מקום. And a דין on the מקום ממילא that's שלא יחלקו, but in the case where it cannot be excluded, it's automatically included, and if it's included, it's part of the מקום, so you have to say. Now, because of this, you could say answer the other so we answered as a we answered one שאלה: what does this got to do בכלל? Then why is this גרעה? Then we answered why Rav Nachman bar Yitzchak argues, because he holds not a דין on the מקום. What's the שאלה why Rashi says? Oh, now the other שאלה that's left is the Maharam Shif

שאלה: why does Rashi here say that it's דווקא in נהרות of ארץ ישראל? So Okay. But here on on the other No. Oh, why in the beginning Rashi says that the first answer that we give that we're talking about that inside ארץ ישראל. The other way is going to change your whole שיעור. Oh, if Rashi would say, I wouldn't have what to say now. Rashi says right in the beginning. So, it's כן, he says it's in the נהרות of ארץ ישראל. The Gemara's machloket is whether we hold like Rabbi Yehuda that it's not חייב במעשר, or we hold like Rabbanan it is chayav. So the kashya was: what davka in Eretz Yisrael? What about if it's outside of Eretz Yisrael? That's talking about by the maaser. Yeah, לגבי חיוב מעשר, but לגבי the get also. So, I'm saying like the Rashi says regarding the get, when you write a get in the ספינה, so Rashi says which ספינה, which ship, the ship which was in the נהרות of Eretz Yisrael. But we just said that the whole basis why you would be chayav to say, why it's like chutz la'aretz, is because it was not excluded. Since it's חוץ לארץ, אי מובלעות, this is not excluded because it's not really chutz la'aretz, it's not excluded. Now, this on the נהרות of Eretz Yisrael, the kashya was why can't it be, I'm using the same example, in the נהרות outside of Eretz Yisrael? Now, we know that the

נהרות outside, the rivers, not the rivers, the water, the ים התיכון that's in this area outside of Eretz Yisrael, we said has a din like Eretz Yisrael. The machloket is how far it goes, but has a din of Eretz Yisrael. There is a chakira: this area outside of Eretz Yisrael when we say it has a din, is the pshat that this is like ארץ ישראל ממש? Yes? Or it's Or it's like an extension of Eretz Yisrael. It's It's not really Eretz Yisrael. Or it's neither, and it just has a You can In fact, you can say all three. Yeah, yeah, yeah, yeah, you could say all three. But the But the And the emet is I I keep repeating this because it's a meshuga'at I have, but it's so many places in Shas and in ענינים where we have this ענין of something like and you always find the this this chakirah, this she'eilah. So, we have the she'eilah here. Is this like Now, if you're going to learn that the river outside of Eretz Yisrael is ממש ארץ ישראל, then the the Maharam Shif's kashya is a good kashya. What's the difference between a river in Eretz Yisrael or outside of Eretz Yisrael? המחלוקת is whether it's חייב במעשר if it's in the ship or not. If you're going to learn that outside it's not really it's clearly it's Chutz La'aretz, then this could be excluded. What did we say, why is it not excluded? Why is it Do we say you're if it's patur from maaser, you have to say? Because it's not Why is it not excluded? Because it's not really Chutz La'aretz to be excluded. But if you're going to say that this is Chutz La'aretz, even though we hold it's a din like Eretz Yisrael, but we hold it's only a din like Eretz Yisrael. But it's But it's חוץ, but clearly it's excluded. So, nobody here would agree. So, even Rabbi Yehuda who says that you're patur from you wouldn't be patur, you're patur from maaser, but לגבי the din of בפני נכתב, he would say this has a din that you don't have to say. Why don't you have to say? Because it's excluded from the rule of Chutz La'aretz. Why? Because this is Chutz La'aretz which is very close. Chutz La'aretz like Eretz Yisrael, so it's excluded from the rule. But if you don't hold that it's עצם ארץ ישראל, so then it's not excluded. So, if So, we can answer the kashya that Rashi learns and learns that pshat in the Gemara, and a good in this Gemara learns that it's not really Eretz Yisrael, and if it's not really ארץ ישראל, אלא מאי, it's a din like Eretz Yisrael, an extension of ארץ ישראל, mimela, it was excluded. If it was excluded, so then Rashi can't say that here is a מחלוקת. So here, everyone would agree that you don't have to say בפני נכתב because it's excluded from the rule. That's why Rashi says it's only נהרות in ארץ ישראל. So in ארץ ישראל, it's not chutz la'aretz, so it can't be excluded. If it can't be excluded, it automatically it's included, and that's why you're chayav. So davka it's That's why it's worse, yeah. Because Rav Nachman bar Yitzchak argues. Rav Nachman bar Yitzchak says, \"בנהרות איכא כולי עלמא לא פליגי.\" He says that this Gemara, these two ברייתות are not talking about נהרות ארץ ישראל. But they are also not talking in this area. He says they're talking further up where there is a מחלוקת. Our kashya was why didn't he say it's in this area? Not Not That there's nothing to do with that מחלוקת. In the area where everyone holds it's ארץ ישראל, and מחלוקת is if it's touching or not touching, the same thing. What I'm saying now, because according to this sevara, that wouldn't work, because that takeh would be excluded. And if it's excluded, then everyone would agree that it has a din of חוץ of ארץ ישראל, you don't have to say

it. Thank you, Avner, for putting it together. Good job. Thanks for coming, Andy. Cherry pie was good. How about the shiur? Whole fruit with a little kind of crust around it. Better than anything else. Because it's whenever you have mezonot we have the the dough, it's always ikar. Because it has fruit, yeah, but if it's mamash very very very, this is not tiny. It's very very small here, so then not. But this is the ikar. And because you put fruit in it, it makes the mezonot for pleasure, not for stuffing yourself. If you make like, for example, with water, not with not with any fruit juice, You put in, you know, it's Yeah. It's another reason why it could be mezonot, like cake, because it's very loose. And if it's בלילה רכה, it's a very very, uh, soft, uh, uh, yeah, then it's mezonot also, even if it's with water. Yeah. Huh? Pancake is רכה ביותר, but that's is mezonot anyway because it's not baked. It's it's fried. You mentioned before... No, but why would people pay a loan? I would keep the... I think that's for that one. Call the רב about

your apartment, rent it out for one day, but they don't pick up. How many days do you hold Yom Tov? If you hold two days, you have to hold. And שמחת- and Sukkos not. So what's the psak?