Shabbos 9a–9b — Iyun
Askufa, Rava's Chiddush, and Turning to a New Mishnah
Part of Shabbos (Iyun) · 1:00:07
Closing out the sugya of an askufa standing between a mavoy and reshus harabim, then Rava's din about an object carried through a makom patur and the machloket between the Maharsha and Rabbi Akiva Eiger over whether merely passing by the body counts as a hanachah. Ends by turning the daf to the mishnah restricting eating, bathing or starting business samuch leMincha.
Audio Transcript
Who is the gantze olam? Every person's the gantze olam. Who is the אלה גאנץ עולמות? Adam Moon, Adam Moon. בן Nochefeld, גזלן. Are you אחרי for your chavrusa? מה? בשם אלקינו נעשה ונצליח. That was the taanah? Taanah. I like it. A tree team. Oh, Adam, בני, חסיד, יהב. You named after the Adam Baal Shem? That's what they say. Really? Yeah. Because there are some that have a hava amina, not in Lubavitcher circles, that his name was not really Adam. What was the name? Avraham David Moshe. Adam is the ראשי תיבות. That's how they write, the חוקרים, the you know, the researchers, they write that his name wasn't Adam, but in our mesorah his name was Adam. Okay. We're still going to finish off here something in this last inyan about the אסקופה with Rava in the Tosafos, and then we're going to turn the page, turn the עמוד, the daf to דף ט' עמוד ב' going to the inyan of not eating or doing these things before Mincha. Okay.
So first like this, when the Gemara says, it says in the ברייתא בנוגע אסקופה, עומד אדם על האסקופה, נוטל מבעל הבית, says you could take from the בעל הבית, which is the רשות היחיד. You could also take from the עני, which is from the רשות הרבים, and you're not allowed to take from one and give to the other. And the Gemara wants to know what kind of אסקופה is it. So Rashi, so the Gemara said this, if you're going to say it's אסקופת רשות הרבים, there's a problem. What's the problem? How are you able to take from רשות היחיד? You can't take from רשות היחיד. If it's רשות הרבים, if it's, if it's just a רשות היחיד, you can't take the other way. Okay. Now, according to the hava amina of the Gemara at that point that it's אסקופת רשות הרבים, what was it? How was an אסקופה רשות הרבים? What's the example? How could an אסקופה be a רשות הרבים? So Rashi explains, what does Rashi say? אסקופת מבוי שאינה לה תקרה ואין גבוהה מן הקרקע. It's an אסקופת מבוי by the end of the מבוי. It's between the מבוי and between the מבוי and the רשות הרבים. It doesn't have a roof, so it's not a רשות הרבים, and it's not three off the ground. Mimeila what is it? And the לחי is inside, so this is outside of the לחי, and mimeila this is a רשות הרבים. So when the Gemara had a sevara maybe it means אסקופת רשות הרבים, this is the example Rashi gives.
Comes the Rashash and the Rashash asks a שאלה, lichora an אסקופה like that, why would it be a רשות הרבים? Why would it not be צידי רשות הרבים? Because since it's right by the end of the מבוי in front of the רשות הרבים, so, and it's not part of the רשות הרבים, it's not גבוה ג', but it's not flat with the רשות הרבים. So it's בפשטות not used as much as the regular רשות הרבים, because if it's used like the regular רשות הרבים, then it's a רשות הרבים and it's not an אסקופה. It's obviously a רשות הרבים. We're trying to No, come on. What's the din by צידי רשות הרבים? It's an argument between Rabbi Eliezer and the Chachamim. Now, then he's even modeh, but like machloket. The Chachamim say צידי רשות הרבים is not רשות הרבים, and Rabbi Elazar says it is. But Rashi seems to be saying with a פשטות that this is an אסקופה which is on the side of the רשות הרבים next to the מבוי, so לכאורה צידי רשות הרבים. How does the Gemara, how does Rashi say with a peshat that this is a רשות הרבים? What's what's a צידי רשות הרבים? What what is the specific case? צידי רשות הרבים means you have you have the רשות היחיד normally. What's what is צידי רשות הרבים? Like בכנוס לפלאטיא דרך סתיו. You have the כנוס רשות היחיד, and outside this רשות היחיד you have an area which is by outside the רשות היחיד next to רשות הרבים, but it's not really part of the רשות הרבים, people don't use it, but it's tzidei. Isn't this the same thing? So lechora this should be צידי רשות הרבים. So that's what he asks. Lechora the answer should be the not in sevara, we have to figure out exactly the the the practicality of it, but bepeshitut, whenever you have a kushya, what's usually I always tell you this and I'll tell you again. How do you get to answer it? First figure out if you have a setira, this doesn't fit to this, before you get to the sevara, look look, no, underlying you have to think, before you get to the sevara, look at the facts! Look at the metziut! If we're not talking about the exact same case, then it's a big problem if you have a setira. Here it says the same case kasher, here it says tereifah, then then we have nothing to think about, it's mamash a setira. But when you have two cases, they're very similar. One is like this, one is like that, with a kushya what's the difference? So the first thing to think is look at the metziut, and then you see if that metziut is enough reason to make a difference in halachah. The case of צידי רשות הרבים normally is a side of between between what and what? Between רשות היחיד and רשות הרבים. And that's צידי רשות הרבים. What's the case over here, Rashi says, the אסקופה which is what? Between between what and what? Between a מבוי and a רשות הרבים. That's the metziut. This is the difference. Over there we're talking clearly it's an אסקופה, it's a צידי רשות הרבים next to the רשות היחיד. Now here the מבוי is also has a din of a רשות היחיד, but it's not a regular house, it's not a private person's place, it's a מבוי. So Lichorah this probably is the difference, that if it's between a רשות היחיד and a רשות הרבים, then it's not so pashut that this is a רשות הרבים. Then it's more shayach that the רשות היחיד also has a say over it. מה שאין כן if it's between a מבוי and רשות הרבים, so then this this this אסקופה between the two is more sevara to be a רשות הרבים. And there's no מחלוקת here. Here everyone agrees it's רשות הרבים. That way you must say, and the sevara makes sense also. A יחיד is mamash a יחיד, and a מבוי is connected to רבים. A re'iyah, I'll bring you a re'iyah to this. מבואות המפולשים, what din does it have? What did the beraita say? The beraita, when I say, which is the beraita? The one on דף ו׳ which says there is ד׳ רשויות לשבת, this is the beraita. What does it say there about מבואות המפולשים? It's a רשות הרבים. Even though it's a מבוי which is not really a רשות הרבים. And if you remember, we spoke about that Tosafot says that רשות הרבים has to be ט״ז אמה. Does it mean that the מבוי has to be ט״ז אמה? Remember we said no. If on one side is רשות הרבים, another side רשות הרבים, could be that this is not even ט״ז אמה, and it's still a רשות הרבים. Why? Because it's a מבוי. So, we see from here, and this is be'emet not mamash a place where the רבים go, cuz if it be a place where the רבים go, well obviously it's a רשות הרבים. It's only a מבוי, but since it's מפולש and it goes from both sides, you're able to go, there is no machloket between Rabbi Elazar and the חכמים whether מבוי המפולש is צידי is is a רשות הרבים or a כרמלית. So, we see that when it comes to a מבוי, a מבוי is not a regular רשות היחיד, even though if you make a לחי it's a רשות היחיד. So, this is the answer to this she'elah, too, that when Rashi says this as אסקופת רשות הרבים, could be אסקופת מבוי, and it's not צידי רשות הרבים according to everybody. This is a really רשות הרבים. See, there's another place where Rashi says And that's what the Gemara says אסקופה זו רשות הרבים, and Rashi gives a different reason. Who remembers that? Not that we learned before. Remember the setirah in Rashi, does a עמוד ט' have to be ד' על ד' or not? Rashi here says no. Rashi someplace else says yes. Remember this setirah? Rabbi Akiva Eiger asks the setirah. He says עיין לקמן צ\"א עמוד ב' beRashi דיבור המתחיל משכו, right? Right? What does Rashi say? In that the Gemara says it's a רשות הרבים. Rashi, how is it a רשות הרבים? And there it also speaks about an אסקופה. The Gemara has also the שאלה: האי אסקופה מאי? אילימא אסקופה דרשות הרבים... So Rashi says, what could be אסקופה דרשות הרבים? He gives a different example. He doesn't say like here אסקופת מבוי. What does Rashi say? You should know that Rashi by heart: כגון גבוה ט' ורוחב ארבע ורבים מכתפין עליו. It's another way of being a רשות הרבים. So over there it's also it's an אסקופה of רשות הרבים, but it's an אסקופה next to next to רשות היחיד. So it's different than an עמוד in between. So we find different דרגות. We said What did we say? An עמוד in between, an עמוד in in inside the in middle of the רשות הרבים maybe doesn't have to be ד'. An עמוד next to this might have to be ד'. So here also, an אסקופה that's next to a מבוי is different than an אסקופה next to רשות היחיד. Huh? A מבוי is a רשות היחיד, but it's different it's not a regular, what's it? It's a רשות היחיד you can have a regular של יחיד, and there's a רשות היחיד which is a מבוי, which is a רשות היחיד. And if it's a מבוי, the the the the taking away of the רבים's שייכות here is a less taking away than a regular רשות היחיד. Okay, that's one thing. Let's go weiter, another ענין here. We started this last time.
When the Gemara asks the שאלה from Rava: לימא תהוי תיובתא דרבא? This אסקופה, which the Gemara comes במסקנא what's the דין of this What kind of אסקופה are we talking about? מקום פטור. מקום פטור! Gevaldige! So it's a מקום פטור. And the ברייתא says that you're not allowed to take from רשות היחיד, from the בעל הבית, give to the עני. If you did it, you're patur. You did it, you're patur. And the Gemara asks, why is it patur? Didn't Rava say: המעביר חפץ מתחילת ד' לד' ברשות הרבים, אף על פי שהעבירו דרך עליו, חייב? And the Gemara answers, התם לא נח, הכא נח. So we had Rashi. Rashi says, what's the case of Rava? למעלה מי'. What's the Rabbeinu Chananel Tosafot strike three קשיות? What does Rabbeinu Chananel say? Tosafot bring Rabbeinu Chananel, says a different pshat: took it in front of him. Okay. And if you remember, we spoke about the Maharsha, that look, what does the terutz of the Gemara, according to this terutz pshat of Rabbeinu Chananel: התם לא נח, הכא נח? The case of Rava, why are you chayav even though it went in front of you? Because it doesn't stop. You took from רשות היחיד to רשות הרבים. How come over here, by our case of אסקופה, you are patur if you take? No, no! What does Maharsha say pshat in Tosafot? You didn't drag anything! When you took it in front of your body and it happened you happened to be standing in a which is a a מקום פטור, that's called נח! That's called נח. So according to Rashi, how do we learn התם, הכא נח? That it must be that he put it down. And if you put it down, Peshita, he put it down on a מקום פטור, you're patur. Just we said, even if you put it down, don't pick it up and put it down and give it there, so it's gezeirah derabbanan. But according to Rabbeinu Chananel the Maharsha learns that the case of Rava, you didn't it's not called put down because where are you standing? Where is the guy standing in Rava's case? המעביר מתחילת ד', in רשות הרבים! Rava's case, according to Rabbeinu Chananel, he's standing in רשות הרבים, picks something up, and goes like this, puts it down. So that's not נח. But if you're standing in a מקום פטור, it's called נח. That's what we learned. This is how the learned. Then Rabbi Akiva Eiger asks the she'eilah. Rabbi Akiva Eiger says that's not the pshat in Tosafos. Rabbi Akiva Eiger says the pshat in Tosafos is like like Rashi, actually that there is talking in our Beraita when it says that you're not chayav is you actually put it down. Okay. But there is no such thing, it comes out like this according to Rabbi Akiva Eiger. There is no such thing as by just putting it in front of you, it's as if you put on even if you're standing in a מקום פטור. So l'foal we have here a machloket between the acharonim. Between who? Eiger and Maharshal. The Maharshal learns that if you take, if you are standing in a מקום פטור and you just passed it by you, it's considered as if it stopped. מה שאין כן רבי עקיבא איגר says there's no such thing, even if he's standing in a מקום פטור, even and it passed by you, it's not considered as if it stopped. That's what we seems as for the machloket is very clear that this is their machloket. Now, you could say a sevara in their machloket. Listen to this sevara. Connected a little bit, connected, not mamash, connected to the Ravad. Nu, what's the Ravad, the famous Raavad? There's going to be another Raavad we're going to, famous Raavad, this is a, there are a few Raavads that has a שיטות, there's a, the, till now that that when you come and you take from one רשות to another, you don't need עקירה and הנחה. You don't need עקירה. The fact that you're taking it into the other is the עקירה. עקירת הרשות is the עקירה. Now, the same thing על דרך זה you could learn. Why is it a sevara that if you take it by you and it goes through it's like it put down? What's the sevara of the Maharshal, פשט in Tosafot? It came, it came here. So so it came in front of you. Everyone was asking, so I said, because it came in a straight line with you. But what's So you could say the fact that you're standing in a מקום פטור it's as and it changed רשויות, it's as if you made an הנחה here. It's not a physical הנחה. It's a a הנחה in הגיון, it's it's an abstract הנחה. Okay, so I'm just that's I gave a dugma. I'm not saying it's the Raavad. I'm just saying with the Raavad we see one nekuda, that it doesn't have to be, he holds, a physical עקירה. If you have an עקירה in ענין, it's as if it's an עקירה, you could. So I want to say the same thing here, when it comes in front of you, it's stops there, ממילא they hold this is called that came into a new רשות, and as if it landed in the new רשות.
We find something like this is in another example that we find by קנינים, just to give you an example. Listen to this. The Rebbe brings in a שיחה in חלק ו' פרשת בא, he brings the Rogatchover which says an interesting din. To understand it, I'll tell you the dinim. We all know the din of שליחות יד. Yeah? What's שליחות יד? No idea. Get an idea. If you are a sho'el, a shomer I mean, a shomer. Someone give you a watch, you're not allowed to use it. You're only a shomer. If you used it, you're a שולח יד. And then something happens, you are chayav even though you're not at fault, it got stolen, but the fact that you used it. So it's a machloket Beit Shammai and Beit Hillel. החושב לשלוח יד, you didn't actually שליחות יד, you wanted to do the שליחות יד. So Beit Shammai says you are called a שולח יד. And Beit Hillel says no, not as long as you didn't do a maaseh. So the Rav Yosef Engel and Rav Zevin, they claimed that this is connected to the famous machloket Beit Shammai and Beit Hillel in many cases what is whether we go after or after Not machshavah, b'koach or bepoal. Beit Shammai says we always go after b'koach, after potential. And you, but if you go after b'koach, Chanukah, nu, Beit Shammai says how do you bench Chanukah licht? First day eight, seven. But the first day, the first day is b'koach of eight days. Second day, how much is still potential? Seven. Beit Hillel says you go after bepoal. That's in many places. So the Rebbe, that sichah explains many places where we learned that. So he says lichorah this is mamash a clear machloket. Beit Shammai says b'koach, because machshavah, or according to one place Rashi says dibur, machshavah is the beginning of your maaseh, נו? If you want to do if you want to take it, first you think, that's the b'koach, it's not bepoal yet. So what does that have to do with with with eight? What? With eight, starting with eight? Chanukah? Yeah. The first day of Chanukah there is still b'koach eight days. Oh, okay. So you bench eight candles. Beit Hillel says go bepoal, bepoal it's one day today. Yeah, but they say the ikar is b'koach, no? That's the whole point. Beit Shammai says the ikar is b'koach and Beit Hillel says the ikar is b'poal. So l'chora here we have this. The Rabbi says no, and brings a re'iyah from Yerushalmi that it's not true, this is not the pshat. So what is the reason for Beit Shammai? Why is it enough? L'chora he didn't do a maaseh. So he brings the Rogatchover that the Rogatchover says that you know what it is? If a person watches something and then he decides and he takes it away from the place where it's watched and he takes it someplace else, one second, then then he's certainly chayav because you're taking it away from, you're stopping your shemirah, you're chayav if something happens to it. So he says this that you decided to take it, even though you didn't actually take it, is called שליחות יד in היגיון. It's as if you, taking away mamash means you picked it up from this place to this place. What happens if it stays in the same place and you pull the place under it? Ke'ilu, imagine, you didn't move this, but you you pulled the rug under it, let's say. So you didn't move it away from the rug, but you removed the rug away from it. Is that what Rashi is saying? So the same thing, no, there's a שליחות יד when you have in mind to do it, it's כלתה שמירתו, it's as if you stopped doing the shemirah, even though b'poal you didn't, you just thought. This is an higiondike taking away, just like if you take away b'gashmiyut, this is in היגיון taking away. I want to say the same thing here, when you take it through you and you're standing in a different רשות, בהיגיון it's a geder of עקירה והנחה. That could be the sevara. What does that have to do with Beit Shammai u'Beit Hillel? Did you move the thing in that case? No, you didn't, no, מוח, מחשב. You intended to move the rug, right? Yeah, yeah. You intended, no, when you decided to take it, it's as if you removed yourself from it. To take it you move the thing away from you. By thinking to stop, to take it away, you are removing yourself from it. So how does it apply here? No, because if it's for his own benefit, what's the nafka mina? You create, safer in another place, that's something else, then you're like a patur, aderaba, you have to do it. We're talking if you're doing it for yourself. You didn't do it. You removed your, instead of removing the object, the normal שליחות יד, what did you move? The object. The object. So you moved the object away from the right place, here you moved yourself away from the object, even though you didn't do it, but in sechel. I want to say the same thing here, when it comes in front of you, there's a concept of עקירה והנחה in היגיון, so this is the sevara according to, no, just giving an example, you can't always, it's not the same thing, this is not a kinyan, this is, but we, I just want, because when you say things which are out of this world, you have to give an example that we find such an example. Why did I bring the Raavad? What's the nafka mina the Raavad? This is not the case of the Raavad, just to give an example. The Raavad says that you don't have to have a מעשה בפועל, you can have something that is not ma'aseh bafoal of akirah, it's like akirah. Same thing here also, we find that you could have other things which is not ma'aseh bafoal and it's considered like ma'aseh bafoal. But then there's another nekudah I would like to say בנוגע this machloket between the Maharsha and Rabbi Akiva Eiger and, Maharsha, what does that have to do with what's called, what does that have to do with בית שמאי ובית הלל, that point you just made? I think he's trying to show how you can look at something, that wasn't even בית שמאי ובית הלל that are arguing. Was that, בית שמאי and בית הלל argued whether machshavah is enough. Some say it's bekoach, the רבי says it's not with this. So what is the sevara of בית שמאי? Why is machshavah enough? So the רבי said not because it's bekoach, because it's bafoal. It's a בפועל היגיונדיקע שליחות יד. So we see there is a geder of sheliach yad, even though sheliach yad means to take, you could take yourself away from it and it's also called sheliach yad. How can we call it bafoal? What kind of bafoal is it? It's a, it's a היגיונדיקע, conceptual, it's a conceptual, exactly! That's the right word. Really, I was looking for the English word. Conceptual, that's the right word. Oh, I mean, now you're learning. You go to yeshiva, you learn everything, even English, see? Okay, yeah, nu, no, because it comes to the רשות. No, the Raavad makes a distinct, I mean, the fact that he says that, no, because it came via your רשות, the new רשות. Right, I know, but, yeah, but here is a, here is another nekudah here, it's you're standing there. Here it's not because you took it, it's only because you are standing there and it came to this new רשות where you are. I'm just saying it's על דרך זה, but this is a step further. No, but I'm saying just to show that sometimes we look at shinui even if it's not a physical shinui. Nu, then there is another nekudah that we have to say here in this machloket. Nu, listen, listen, there's another nekudah in this machloket in Maharsha and Rabbi Akiva Eiger. The nekudah is like this: Tosafot says what was the hava amina of of Rava according to Rabbeinu Chananel? What's the chidush of Rava? You're standing in רשות הרבים and you picked up something and you carried it ד' אמות and you put it down, you're chayav. What's the chidush? Vadai you're chayav. You carried it ד' אמות. Patur, what, why would I think patur? Because, not not Rashi, Rabbeinu Chananel. Tosafot says what's the sevara, nu? Yeah, that's exactly what What did he say? כיוון שהגיע כנגדו, הוה כמונח, וממילא נמצא שלא הוי ד' אמות יחד. That's the hava amina. The maskana is, does it say what? לא נח, איזו הנחה. The maskana is that passing by is not called an hanacha. I just want to see: when the maskana is that this is not called an hanacha, you could learn two ways what the maskana is. And this is the יסוד באמת of the machloket of Rabbi Akiva Eiger and and and and the Maharsha. It's not the sevara, but it's the yesod of the machloket. Listen to this: When we have a maskana that it's not called an hanacha, Tosafot says, \"איזו הנחה?\" the fact that it passed by. You can learn two ways. You could learn the maskana is that it's not called an hanacha. The hava amina, someone might think that if it passes by it's called hanacha; maskana, it's not. Or you could say, the hava amina is that this is called an הנחה, the maskana is that it's not הנחה enough. Not enough to be... Listen to the words: It's not enough to be considered הנחה. Why? Because it's not enough 100% הנחה. And I'll tell you which sounds better. First of all, what's pshat \"not enough\"? I'll tell you, where is there a further difference between the hava amina and the maskana? The first way or the second way? The first way and the second way, the the first way, it's very far. He said it's הנחה, he says not an הנחה. The second way, the guys the maskana says: You are right, there is a sevara what you say, there is an הנחה here, but not enough to say that because of that, you're patur. What is the difference? Lemaaseh, what will be lemaaseh the difference? Ah! That's when a nafka mina will come! If it's not a real הנחה, but it's a שטיקל הנחה, so why is it not a real הנחה? Because you're just passing by you is not enough to make you patur. But if, in addition to passing by you, you happen to be standing in a מקום פטור, so combining the two together, this is called an הנחה. But if you learn the first way, that the maskana is it's not an הנחה, finish! So tell me, standing here or standing there, nafka mina, there's no הנחה here. That's the difference between Rabbi Akiva Eiger and and this is the simple difference, not sevara. So Maharsha learns which way that the maskana is? איזו הנחה? That the second way: It's not הנחה to make you patur, it's not הנחה enough. And that's why he says when it's a מקום פטור, so the Maharsha's לשון is: הוה הנחה תרי! That's a better הנחה, because it's a מקום פטור. As opposed to, Rabbi Akiva Eiger says: I don't know what you're talking about, maskana is no הנחה, no הנחה, it's finished. I didn't say as a proof, that's why I said the word \"mistaber\". Whenever you have two sides, you could say there's a sevara like this, or a sevara like this. This sevara sounds better, but this is also a sevara. It's enough to think so. According to him, it's enough that someone might think so. It's not a peshat. S'iz gefregt. לפעמים we're turning it wrong. A lot of times like that, don't you have a hava amina and maskana, one side like this, like this? If you're able to make the hava amina and the maskana closer, a lot of times we have a machloket, yeah? We always try to see to make the machloket smaller, right? Don't try to make bigger machloket. Some people try to make big machloket, but most people try not to make machloket. So even if you must have a machloket, you try to make the least possible. But not always can we do it. Sometimes with the machloket happens to be very far, and sometimes we could take the machloket it's lema'aseh it's a machloket, but it's very close. Here also, when you have a hava amina and maskana, if you're able to make the hava amina and maskana closer, you make it closer. But if you can't, if you hold this doesn't make sense, then you don't. So Rabbi Akiva Eiger holds that the hava amina and maskana are further, that the maskana is that not, and he says he so thought, yeah, he says not. And Maharsha learns he thought that for sure it's an hanacha, and says: No, it's not. You're right, but you say it's a 100% hanacha, that's not true, it's only 50% hanacha. But 50% hanacha, if it happens to be that it's also כנגד גופו and מקום פטור, then it's then it's like that. Okay, one more thing I want to get to this, and then we're going to get to the other Gemara. This is something that I just want to touch upon, but I hope that next year clearly we'll go into the details of this.
Rashi on top here: in case of Rava, Rashi learns the case of Rava is he picked it up and took it למעלה מיוד and went ד' אמות, and then Rashi adds one word: chayav. Rashi adds, why is he chayav? כי הדר אנחיה. What does that mean? Huh? הדר אנחיה, what does אנחיה mean? And what did he do then? Put it down. Not an הנחה. So according to Rashi, it's very clear that the case of Rava, that if you take from one from beginning of ד׳ אמות and you take למעלה מיו״ד, and you carry ד׳ אמות למעלה מיו״ד, you're only חייב if put it down afterwards, you put it down on the on למטה מיו״ד, you put it on רשות הרבים. What would be if you took it ד׳ אמות and you stopped, and you didn't put it down, and your hand is still you carried the ד׳ אמות למעלה מיו״ד, what's the דין? Why would anyone see Didn't put it down. You never put it down. Why would you say חייב? So what are you saying? What's the דין? פטור. You're saying פטור, fine. That's what you're saying. Well, you could say On דף ה׳, there's a Rashba, where the Rashba has he brings שיטה of he says the עיקר רבסה. רבסה, רי״ש, בי״ת, סמ״ך, ה״א, רבסה means great people, who say that if a person carries ד׳ אמות on the גוף למעלה מיו״ד, and he stops, that's called a הנחה. It's all based, okay, let's look in this Gemara. דף צ״ב עמוד א׳. דף צ״ב עמוד א׳, מישט אויף, מישט אויף! Everyone, מישט אויף, find! Find דף צ״א עמוד ב׳ or צ״ב עמוד א׳. Please, everybody! You don't have? Look with him. נו, צ״ב עמוד א׳! רבותי! Over there, you have צ״ב עמוד א׳? What section? I only have עמוד ב׳. צ״ב עמוד א׳. Yeah. The Mishnah? The right, the Mishnah, look to the Mishnah first. המוציא, if you carry, and then it says a few ways. על כתיפו, if you carry on your shoulder, חייב, שכן משא בני קהת, and your shoulders is higher than ten טפחים. People are higher than ten טפחים, you're חייב. Look at the Gemara, beginning of the גמרא, אמר רבא: המוציא משא למעלה מעשרה טפחים חייב. If you carry something למעלה מעשרה טפחים, לכאורה, you didn't carry it in reshut harabim, you are chayav. שכן משא בני קהת, we learn it from the Mishkan. In the Mishkan, who carried the Aron? Kehat. We mentioned it before, so you're chayav, okay. Comes the Rashba and says that, I know some people that say that you don't have to put it down, because if it's on a person, we learn out from משא בני קהת that even if it's stopped, the hanachah happened למעלה מיו״ד, you're chayav. Not only that, they say even more. If you put it down, if you carry ד׳ אמות למעלה מיו״ד, and you put it down on another person, on his shoulder, on his head, which is למעלה מיו״ד, you're still chayav. Then the Rashba says, I disagree. If you put it on another person, if you put it down, not you, but you put it on someplace, it has to be למטה מיו״ד, even if it's on a person. But if you stop on yourself, that's what we learn out from משא בני קהת. What makes a difference if he's if he's holding it? Because that's was he's carrying it. We learn out פשוט פשט, משא בני קהת is a chiddush, no? Yeah. It's למעלה מיו״ד. What's the klal by a chiddush? אין לך בו אלא חידושו. So, by משא בני קהת, they carried and they stopped. So here we have already two shitos. The shita of רבותיו של Rashba is what? That if you if you're carrying it Put on to your friend's shoulder that if you carry ד׳ אמות למעלה מיו״ד, and even if you put it down on somebody else's shoulder למעלה מיו״ד, you're still chayav. The Rashba himself shita is Only if it's on yourself you're chayav. Put on somebody else, then It's only if you yourself stop, make a הנחת הגוף, then it's chayav. But if you're going to put it down, has to be למטה מיו״ד. Okay. Tosafos Tosafos on דף ה׳, we all remember the Tosafos. Who doesn't remember this little Tosafos? אלע אידן געדענקען דעם תוספות. Do you want me to raise my hand? No, no, don't be a wise guy, I don't want. Here, on דף ו׳, I mean, Tosafos התם. Tosafot התם. Tosafot says, look at the little המוציא, והמושיט, והמעביר, look, ד׳ אמות ברשות הרבים דרך למעלה מיו״ד, חייב, אף על גב, hope you can read without nekudot, yeah? אף על גב דהוה מנח ליה למעלה מיו״ד, פטור. Does that mean that he's chayav once he puts it down למטה מיו״ד? Yeah, he's only chayav if he puts it down למטה מיו״ד. So the fact that if you carry למעלה מיו״ד you're chayav, it means you're carrying it למעלה מיו״ד, but the הנחה has to be למטה מיו״ד. This is Tosafot. So we have here now how many שיטות? Three. Three. The Rashba says that even if you put it down on somebody else, on a person, למעלה מיו״ד, you're chayav. Carry למעלה מיו״ד and you put it on The Rashba says on another person you'll be patur, but if you yourself Who's that? The first the first one that I He doesn't bring a name, he says רבסא, great people, his rebbe's. He says only on yourself, not on somebody else. And Tosafot says clearly, without a safek, that if you put it down למעלה מיו״ד, you are patur. But didn't he say Even if it's on yourself. But didn't you say that If you're walking, yeah, because you're walking. You're walking You're carrying it through a מקום פטור, but you're carrying it ד׳ אמות, so the Mishnah and the Gemara did not say if you have to put it down למטה מיו״ד or not. That's why there could be a machloket. If the Gemara would say clearly, no machloket. The Gemara just said, if you carry What did Rava say here? המוציא משא למעלה מעשרה טפחים חייב. That's for sure. If you carry it למעלה מיו״ד, you're chayav, but the Gemara did not say how the הנחה was done. So Tosafot says clearly here, without a safek, that you're only chayav If you put it down, because if you put it למעלה מיו״ד, you'd be patur. Vu shteit in Gilyon HaShas on דף ה׳, on that piece of תוספות למעלה מיו״ד פטור, the Gilyon HaShas, who's who, Rabbi Akiva Eiger, says what? דף ה׳? Yeah. On those words, you see the little sign there, למעלה מיו״ד פטור? עיין לקמן ק״ב עמוד א׳ תוספות... ק״ב עמוד א׳. דמעביר למעלה מיו״ד כלמטה. Dort, Tosafos seems to be saying the opposite. Tosafos says, the last words, מעביר למעלה מיו״ד is למטה, וחשוב מונח ברשות הרבים. Zogt Rabbi Akiva Eiger איגר over there, what do you expect him to say there? Look over there. Look back there. עיין לעיל דף ה׳. So it seems like a סתירה. Okay, so that Tosafos seems like to be a סתירה, but from this Tosafos is משמע that it no, only חייב if you put it down. Only חייב put down. Now, let's get back to our Gemara, to our Rashi. What if he stopped with something on his shoulders? It's פטור, comes out. Only if you put it down למטה. But here, Rashi says very clearly. What does Rashi say here? Rashi says According to Rava, according to פשט in Rava, that what did Rava do? What did Rava say? You're carrying ד׳ אמות למעלה מיו״ד, you are חייב. When? Even if it's above. What does Rashi say? Read the words. כי הדר אנחיה, if you put it down. In other words, if you just carry it and you stopped, according to Rashi, you wouldn't be חייב, you'd be פטור. Only if you put it down. So how does Rashi learn? Like the Rashba's rebbe's, like the Rashba, or like Tosafos here? Like Tosafos here. Huh? He doesn't say if you stopped. He has to put Put down means you put on the floor. He doesn't You put down below יו״ד. Ein hachi nami, any place you put down below יו״ד, but it has to be below יו״ד. It has to be in reshus harabim, not למעלה. So here we have these three shitos. The only problem is at this moment, and we're not going to go into this, like I said probably earlier we'll go into this, if you look going back on דף צ״א, no, דף צ״ב I mean, the Alter Rebbe in Kuntres Acharon in Shulchan Aruch has a stira in Rashi. From one a different Rashi here and is mashma differently. I'll tell you in which siman, סימן שמ״ז. Look Look here. המוציא משא, דף צ״ב, back to the same צ״ב, the Gemara: המוציא משא למעלה מעשרה טפחים חייב. Look at Rashi: המוציא משא למעלה מיו״ד, מעבירו באויר בידו, you carry in the אויר, ואינה על כתפיו, even if it's not on your shoulders, וגבוה, מגביה מן הארץ עשרה. עשרה קאמר. That's what he says. דאי במונח על כתפיו, it can't mean that it's on your shoulder, because that says in the Mishnah. The Mishnah said on your shoulders. And then Rashi asks a kashya. Rashi asks, why are you chayav here? Look at the Rashi weiter. והא דתנן, לכאורה, that doesn't make sense, Rashi says, we have a Mishnah that everyone knows we learned, the Gemara brought this Mishnah, Rashi brought it many times, הזורק ד׳ אמות בכותל, if you throw ד׳ אמות and it sticks to a wall, what's the din there? למעלה מעשרה כזורק באויר. That means if it ends למעלה מעשרה, it's patur. So Rashi asks a kashya: אלמא אין למעלה מעשרה רשות הרבים. So למעלה מעשרה it should be patur. So what's Rashi's kashya? How come over here if you carry ד׳ אמות למעלה מעשרה you're chayav. And Rashi answers, דוקא בזורק. If you throw it, that's when you're פטור, אבל מעביר you're chayav. Now, does that show how does Rashi learn? Did you have to, in order to be chayav here, did you have to put it down למטה, or it's enough if you stop למעלה מיו״ד? Because if Rashi would learn that you have to put it down, what's this kashya? There's no kashya to begin with! Cuz over there, the case of throwing, where did it land? למעלה מיו״ד. Here you took it למעלה מיו״ד, but where did you land it? למטה מיו״ד, cuz that's the only way you're chayav, so what's the kashya? But the fact that Rashi asks this kashya is a re'aya that Rashi learns that you are chayav when you carry it in your hand even if you don't put it down. So setira in Rashi. Who asks that she'elah? Alter Rebbe. Such a chiluk you have to make. Such a chiluk certainly you have to say. That you can't that if it says למעלה מיו״ד is enough, you could say the משמעות. But if he means דוקא another person, not something else, that you have to say. The Rashba holds like that, he says it. From the מעשה דקרא. The Gemara talks about it, you look we'll learn the Gemara, this is a פרק we'll learn after after after Pesach, we're learning המוציא. Okay, good. Good. Ein hachi nami, we'll get into that. We'll get in that Gemara. Okay. That's בנוגע this We have the שיטות here, we have the kushiyot here. This is just to see what will happen by the שיעור כללי, we'll try to get into that. Let's go now vayter to the next piece of Gemara.
Okay, now we're going in דף ט׳ עמוד ב׳. Okay. The Mishnah says, No, not now. We will אם ירצה השם answer it. כפי שיבואר לקמן. Today? No. I said, this is the שיעור כללי I'm going to discuss this whole thing here, is these three שיטות and So what about the other שיעור? What about? The other שיעור, they're going to have trouble. I will repeat it. Okay. The Mishnah here says, נו, can everybody start listening? Everyone wake up! Wake up, Yidden! Can everybody start listening? To do what? Oh, a new Mishnah, skipping a skipping a עמוד, which means ממש נו, a gevaldike a gevaldike zach! Usually it's after Pesach. This time it's now. Okay, starting a new ענין. And I don't know who my son is going to test today, but I'm going to make sure to tell him that whoever he tests from this שיעור, to ask him about what I'm saying now in the שיעור now for this. I told him clearly, don't make that test a guy, you shouldn't test him the next day, cuz then everyone knows, \"Oh, I test yesterday, today I don't have to learn.\" Sometimes take two days in a row the same guy! Make sure that there's no seder, he should be no seder, cuz if there's no seder, you never know when you're up! Okay. Cuz he knows that you know how to learn so well! What? You aren't here? No, whatever, it just happens whenever he tests me, I'm never here. Okay, so we'll have to work on that. Oh, you're breaking your arm? Okay. It wasn't it wasn't the plans. Okay. Says the Mishnah here: Okay. Let's start with one ענין, and that'll be for just for today. You can't sit down, all these do these things, סמוך למנחה. How much is סמוך למנחה? How much is סמוך? 15 minutes. Half an hour. So what did Rashi say? קודם למנחה, how long is that? Half an hour. Where does it say half an hour? Rashi says: סמוך למנחה, קודם למנחה. All the poskim say it's a half hour. The sheilah is like this: Usually, when the Torah talks, when the Gemara, everything talks about time, hour, hour, half hour, it's all שעות זמניות. Right, yeah. So that means like this: In this case, a half hour will be that summertime it'll be like 40 minutes that you 40 minutes before Mincha you can't eat, or whatever you're not allowed to do. Wintertime it'll be 20 minutes. What kind of sense does it make? Because if we're if we're talking about שעות זמניות, what's שעות זמניות? You know how to figure שעות זמניות? I should hope so. Oh, that's that's that's these days how to do it. That's why some people don't even know how much 1 + 1 equals, because you go on the computer and you see. That's the reason why I told you talmid chacham is called Shabbos, why? Cuz only Shabbos you have to be a talmid chacham, during the weekdays you just go on chabad.org. chabad.org, whatever it is, zmanim.com. Well, how do you figure שעות זמניות? Split the day into 12 parts. You start from From the morning to night? From the morning till at night, and that divide into 12 parts. So if the day is equal, the day is from 6:00 to 6:00, and the night is from 6:00 to 6:00, so then an hour is what we call an hour. But if the day starts 7:30 and it finishes at 4:30, so it's very short, so you divide much less hours into 12. So each hour is a smaller hour. That's why זמן קריאת שמע is much shorter when you have 3 hours when you have winter time, much earlier. But lefoal, whenever we talk about זמנים, it's always שעות זמניות. In this case, how does שעות זמניות fit here? Here it's a practical reason. The practical thing is here that we're afraid if you're going to start, you might forget and not get to davven מנחה. Right, and So summer time we have to have we're afraid for 40 minutes, and winter time we're afraid only 20 minutes? What kind of sense does it make? Because your hair is more humid, so it takes longer to cut your hair. Your hair is more? Humid. And your stomach is more what? Hungry, you're hungrier. In the winters. People don't go on a diet in summer. Why do you have to Why do you have to say that it that it switches in this case? Because it doesn't say. It just says חצי שעה. It says חצי שעה. Why you saying it doesn't make sense? Because it's a practical reason. שעות זמניות what the Torah gave is not. Why can one be longer than the other? Why should it be? Why should the chashash of you forgetting to davven be a bigger chashash on summer, a bigger chashash than winter? Summer it's a chashash of 40 minutes, and winter it'll be a chashash of 15 minutes, what's this sevara? So the Sfas Emes says it's takeh not so. Lefoal, the Chachamim looked at the smallest time, and that's the chashash they had. Let's say the smallest half-hour is what we call 15 minutes, that's what they wanted. That's They felt that this is the amount of time that you can make a mistake. In order not to confuse people, they left it always for a חצי שעה. So you can't say the opposite, that the the time they need is the bigger time, and then the winter they said, \"Well, we'll give you less.\" That doesn't make sense, because we're afraid that that it'll take him more. So the vort is farkert. What we're afraid of is the Chachamim figured out the least time, and they said, \"What is the maximum that we need in order to make sure you don't forget?\" During the shortest So they looked at the shortest period, and they said let's say they decided 15 minutes, and they said the shortest period, 15 minutes, is חצי שעה. חצי שעות זמניות. In the winter. Oh, it's the winter! And from that they said, \"Okay, since we figured out we need winter we need a חצי שעה,\" so they said already, in order lo plug, not to make differences, it's always a חצי שעה. So memila it turns out that in summer that it's longer. But I'll give you an example where they did this. By the Menorah, there's a certain amount of oil. They made the the place for the oil enough should learn burn a whole night. So what does Rashi say? There's a certain amount that they figured out that you need for לילי Rashi gives an a month. לילי טבת, Rashi says. That's the longest nights. And they figured out how much oil do you need for the longest nights, and that's the cheshbon they said. And that's how much you have to put into the Menorah every day, even the summertime when the nights are shorter, because they didn't want to make chilukim: one day you have to go measure today, every day will change because the days the days are longer by the minute, come on. So they made one shiur. But what's the shiur? So they took the how much they need the which will which will be the the max the no, the minimum that you need in a certain time, or maximum, whatever we call it, and they made it for the whole year. The same thing here, the Sfas Emes says, what they did was they figured out the least time, the least the winter how much, and that came out the most that they need is a 15 minutes. And in the winter that's חצי שעה. And they said חצי שעה, so it'll take care of the winter time. And memila it left also חצי שעה for the whole year. Okay, that's the way he says it. But lichora, it sounds like a shtikel dochak to say It's possible to say, it's not אפגעפרעגט, I mean, it's a sevara. But lechora you could say another sevara in this inyan. So חצי שעה is not referring to a חצי שעה of the of the time before Shabbos? חצי שעה is mamash minutes. What kind of Shabbos? We're not talking about Shabbos. The same, the time the time before Mincha. חצי שעה is is mamash 30 minutes. חצי שעה? No, it's not 30 minutes, farkert. So why don't they just say חצי שעה if they if they ended up coming חצי שעות זמניות. 15. Same, but if they ended up coming up with a day, so whatever they came up with, whatever was the shortest week that however much That's what they said, no? So then they should have said the time, they should have said the actual time, they should have said the number of minutes that that shortest week is. What kind of minutes? Did the Chachamim have minutes? Where did they have minutes? Well, obviously, that you said that's the whole the whole question is that how do they figure out how do they figure out how did they split up the time then? Divided into parts, but they didn't have minutes. They had parts of the day. There's no such thing as minutes. There's no such thing as a clock, we didn't have a clock then. But how did they divide up parts in the day? Yeah, that's how they did it. They did it according to the sun. It took well, from when the sun sun rises till the sun sets, that's a שטח of time that they divided into 12 parts. So it's visual parts. Summertime, that took much longer. Winter So they said half hour means half of a twelfth, that means one twenty-fourth of the day. That's what it is, of the day, wherever. So, sometimes that's 15 minutes, sometimes that's 20 minutes, sometimes that's half hour, sometimes it's it's 40 minutes. So they said it because they saw that the most you need is the half a שעות זמניות of the winter. And then mimela they said half a שעה also. But I want to say something else. This din that the Chachamim made, this din that they said that you're not allowed to eat or do anything, or do these things that you're not allowed to do before מנחה, סמוך למנחה, this din, is it a din that they made on the person, that a person can't eat, it's all on the person himself? Or is it became ke'ilu this is a זמן מנחה already? It's not a זמן מנחה, but לגבי not to eat, because they want you not to eat then or not to go to the haircut or whatever it is, they said you can't have Mincha then, but this is the זמן which mimela you can't eat, you have to daven. And if you have to daven, you can't eat, becomes the זמן, even though it's not the זמן. So סמוך למנחה, it's al derech the Rebbe has a שאלה, חקירה in many שיחות. There is a din of תוספת שבת. Shabbos starts a certain point. Then there is you have to add תוספת שבת. How much is תוספת שבת? An hour? Where'd you get an hour? What's What's תוספת שבת? After Shabbos, before Shabbos, how much you have to add? A minute or two minutes, you don't add. Why? You have to add. We learn out from a pasuk that you have to add תוספת. So why do we add so much more time by by by Yom Kippur? So is תוספת שבת a din on the person, that a person has to take upon himself? That's one she'eilah. But if he didn't take upon himself, it's not Shabbos. You're allowed to do melachah. You did a You did something wrong, you didn't take... Or even if you didn't take upon yourself, it becomes, but it's still part of you. It's like din on the gavra, but it's not Shabbos. Or Shabbos itself is mitpashet? The Rebbe brings a re'ayah from a lashon of a Midrash where it says לגבי תוספת שבת before and after, מה זאב, just like a wolf, טורף מלפניו ומלאחריו, it's also whatever it means, it's mitpashet. The same thing, every time you have an extra thing to something else, you could have this chakirah. Here, we have the זמן מנחה, and then you have סמוך למנחה. So you can have a Is the סמוך למנחה a din on the gavra, the Torah, Chachamim say, \"We don't want you to eat. We don't want you to do this. We don't want you to do that.\" That's it, it's on the gavra, it has nothing to do with the time. Or it's a din in the zman? Vadai, the reason for it became because we want you not to forget to daven מנחה, but lefo'al, they extended the zman of Minchah half, before. And that's the difference. If you say it's nothing to do with the zman, it has only with the person, then we have a problem, makes no sense that summertime should need more time, wintertime should less time. You can't give a clear thing of half an hour שעות זמניות. The fact that we did is a re'ayah that the peshat is it's a din in the zman. So if it's din in the zman, so even though it started off because we want you not to not to eat, but l'poel, it became a zman, so a zman always goes, all the dinim of zman goes according to which kind of zman? שעות זמניות. So m'meila, if they said it, and it's like he said, is because they saw a certain time, they made that the zman, if they the zman it has to be always that zman of זמניות because it's a din in the zman. Just like bein hashmashos. How long is between שקיעה and צאת הכוכבים? It's a specific amount of time. Hm? I mean it's a machloket, but it's a specific amount of time. No time. It's a machloket, I don't know. There's a difference what time of the year it is. When the day is longer, that's a longer time. Day is shorter, it's shorter time. It's not always the same. No, but doesn't doesn't it go, meaning when the day is longer, so then so then שקיעה happens later. Yeah, and and even beside שקיעה happening later, there's a longer stretch between שקיעה and צאת הכוכבים. That's a fact. You can see that. You can see בגשמיות, from when the שקיעה till it gets dark, winter it's faster than summer. Summer, it takes longer. And it depends which part of the world you are. More north is longer, more south is shorter. Our our bein hashmashos in Miami is shorter than the bein hashmashos in New York. Our bein hashmashos is like Eretz Yisrael almost. הגם, no, it's even shorter, because we are closer to the equator than Eretz Yisrael. You know how big the bein hashmashos is by the equator? Mamash by the equator? A minute. And the closer you are to the equator, as close you are, the less time it is, and the less difference it is between summer and winter. I was in Panama a few times. In Panama, they have a the time of licht bentchen, whole year the same time. You know, a whole year the same time licht bentchen, yeah. Panama is very close to the equator, there's a difference between 10 minutes, so they didn't want to make a difference so they said always 6:00 or whatever it is, licht bentchen, and that's it. Because there's no difference, because very close to the equator. The further you you're higher from, more north or more south, it changes. So it depends. How do we change so much? We're not so far from Huh? How do we change between like 5 hours? 4, 5 hours. We're not so far from Yes, we are. We're that far from the equator? The The earliest שקיעה in New York is when? 4:20, yeah. The latest שקיעה in New York is when? Almost 9:00, quarter to 9:00. The earliest שקיעה in Miami is about 5:30, 5:20, and the latest is about 8:00 or a quarter to 8:00. Over there, it could be from about 4:00 to almost 5 hours, and here the difference is and here the difference is 3 hours. Why? Because we're closer to the equator. So that's שעות זמניות. In Alaska, they have like very very big times also. What? In Alaska, they have like very big In Alaska, it's much longer, yeah. That's because sometimes you can't even see the night. Anyway, what are we getting here? So what is the maskana? What did we get to? שעות זמניות. So it shows שעות זמניות. So they made the zman, so they made the שעות according to the shortest time, and they made But why did they do it? Because because, no, that he says because not to make differences, and I'm saying because it became a din in the zman. If it's in the zman, it's always שעות זמניות. And that's that you said earlier to that, to the, whatever, the same point? What? It's to arrive to the same point that the רבי was bringing about It can be connected to a דרך, like you make a פשרה there, you can make a פשרה here. Two questions: One is, so really I'm not allowed to eat in a way, let's say if I was hungry at like 1:30 and מנחה קטנה is at 1:45, I wouldn't be able to eat? What are we talking, is it מנחה גדולה or מנחה קטנה? I'm saying, if according to מנחה גדולה. If you go according to מנחה גדולה מנחה גדולה it's only if you have this big the big the big meal. A big meal is a sheva berachot, a חתונה. You can't do that on Friday? What about You could, you have to have Mincha first. What about also If someone reminds you, it's fine, right? I went to what's it, to a pidyon haben like early in the morning on Friday because of that reason. The difference between the earliest time shekiyah is of the year and the latest time of the year could be close to 5 hours. And here it's about 3 hours. Why? Because we are closer to the equator. And when you get close to the equator the days are much more equal. By the equator the days are exactly always 12 hours. [Non-speech audio]