Eruvin 15
ΧΦ΄ΧΧͺΦΌΦ°ΧΦ·Χ¨: ΧΦΆΧΦ΄Χ ΧΦΈΧ’ΧΦΉΧΦ΅Χ ΧΦ΅ΧΦ΅ΧΦΈΧΧ, ΧΦ·ΧΦΌΦΈΧΦ΅Χ ΧΦΈΧΦ·Χ¨: ΧΦΈΧΦ΅Χ ΧΦΆΧΦ΄Χ, Χ¨ΦΈΧΦΈΧ ΧΦΈΧΦ·Χ¨: ΧΦΈΧ ΧΦΈΧΦ΅Χ ΧΦΆΧΦ΄Χ.
It was stated that the amoraβim disagreed about a side post that stands by itself, i.e., a side post at the entrance to an alleyway that was not put there for the express purpose of permitting one to carry on Shabbat. Abaye said: It is a valid side post. Rava said: It is not a valid side post.
ΧΦ΅ΧΧΦΈΧ ΧΦΌΦ°ΧΦΈΧ Χ‘ΦΈΧΦ°ΧΦ΄ΧΧ Φ·Χ Χ’Φ²ΧΦ΅ΧΧΦΌ ΧΦ΅ΧΦΆΧͺΦ°ΧΧΦΉΧ, ΧΦΌΧΦΌΧΦΌΦ΅Χ Χ’ΦΈΧΦ°ΧΦΈΧ ΧΦΈΧ Χ€ΦΌΦ°ΧΦ΄ΧΧΦ΄Χ ΧΦΌΦ°ΧΦΈΧ ΧΦΈΧΦ΅Χ ΧΦΆΧΦ΄Χ. ΧΦΌΦ΄Χ Χ€ΦΌΦ°ΧΦ΄ΧΧΦ΄Χ ΧΦ΅ΧΧΦΈΧ ΧΦΌΦ°Χ‘ΦΈΧΦ°ΧΦ΄ΧΧ Φ·Χ Χ’Φ²ΧΦ΅ΧΧΦΌ ΧΦ΅ΧΦΆΧͺΦ°ΧΧΦΉΧ. ΧΦ·ΧΦΌΦΈΧΦ΅Χ ΧΦΈΧΦ·Χ¨: ΧΦΈΧΦ΅Χ ΧΦΆΧΦ΄Χ, ΧΦΌΦ°ΧΦΈΧ Χ‘ΦΈΧΦ°ΧΦ΄ΧΧ Φ·Χ Χ’Φ²ΧΦ΅ΧΧΦΌ ΧΦ΅ΧΦΆΧͺΦ°ΧΧΦΉΧ. Χ¨ΦΈΧΦΈΧ ΧΦΈΧΦ·Χ¨: ΧΦΈΧ ΧΦΈΧΦ΅Χ ΧΦΆΧΦ΄Χ, ΧΦΌΦ΅ΧΧΦΈΧ ΧΦΌΦ°ΧΦ΅Χ’Φ΄ΧΧ§ΦΌΦΈΧ¨ΦΈΧ ΧΦΈΧΧ ΧΦ·ΧΦΌΦ·Χ’Φ°ΧͺΦΌΦ΅ΧΧΦΌ ΧΦΌΦ°ΧΦΈΧΦ΄Χ Χ’Φ²ΧΦ΄ΧΧΦ΄Χ, ΧΦΈΧ ΧΦΈΧΦ΅Χ ΧΦΆΧΦ΄Χ.
The Gemara first narrows the scope of the dispute: In a place where the inhabitants of the alleyway did not rely on it from yesterday, e.g., the alleyway had another side post that fell down on Shabbat, all agree that it is not a valid side post. Where they disagree is in a case where they relied on it from yesterday. Abaye said: It is a valid side post, as they relied on it from yesterday. Rava said: It is not a valid side post; since it was not originally erected for this purpose, it is not considered a valid side post.
Χ§ΦΈΧ Χ‘ΦΈΧΦ°Χ§ΦΈΧ ΧΦΌΦ·Χ’Φ°ΧͺΦΌΦΈΧΦ° ΧΦΌΦ΄Χ ΧΦ΅ΧΧΦ΄Χ ΧΦΌΦ΄Χ€Φ°ΧΦ΄ΧΧΦ΄Χ ΧΦΌΦ°ΧΦΆΧΦ΄Χ Χ€ΦΌΦ°ΧΦ΄ΧΧΦ΄Χ Χ ΦΈΧΦ΅Χ ΧΦΌΦ΄ΧΦ°ΧΦ΄ΧΧ¦ΦΈΧ.
The Gemara comments: It might enter your mind to say that just as they disagree with regard to a side post, they also disagree with regard to whether a partition that was not erected to serve that function is considered a valid partition.
ΧͺΦΌΦΈΧ Χ©ΧΦ°ΧΦ·Χ’: ΧΦΈΧ’ΧΦΉΧ©ΧΦΆΧ Χ‘ΧΦΌΧΦΌΦΈΧͺΧΦΉ ΧΦΌΦ΅ΧΧ ΧΦΈΧΦ΄ΧΧΦΈΧ ΧΦΉΧͺ ΧΦ°ΧΦ΄ΧΧΦΈΧ ΧΦΉΧͺ ΧΦΌΦ°Χ€ΦΈΧ ΧΦΉΧͺ ΧΦΈΧΦΌ β ΧΦΌΦ°Χ©ΧΦ΅ΧΧ¨ΦΈΧ. ΧΦΈΧΦΈΧ ΧΦΌΦ°ΧΦ·ΧΧ Χ’ΦΈΧ‘Φ°Χ§Φ΄ΧΧ Φ·Χ, Χ©ΧΦΆΧ ΦΌΦ°ΧΦΈΧ’ΦΈΧ ΧΦ΄ΧͺΦΌΦ°ΧΦ΄ΧΧΦΌΦΈΧ ΧΦ°ΧΦΈΧΦ°. ΧΦ΄Χ ΧΦΈΧΦ΄Χ Χ€ΦΌΦ°Χ©ΧΦ΄ΧΧΦΈΧ! ΧΦ·ΧΧΦΌ ΧΦΌΦ°ΧͺΦ΅ΧΧΦΈΧ: ΧΦ΄ΧΧΦ°ΧΧΦΉΧ¨ ΧΦΌΦ΄ΧΧΦ°ΧΦΈΧ ΧΦΈΧͺΦ΅Χ ΧΦ°ΧΦ΄ΧΧ©ΧΦ°ΧͺΦΌΦ·ΧΦΌΧΦΉΧ©ΧΦ΅Χ ΧΦΌΦ°ΧΦ΄ΧΧΦΈΧ, Χ§ΦΈΧ ΧΦ·Χ©ΧΦ°ΧΦ·Χ’ ΧΦ·Χ.
Come and hear a proof based upon what we learned in the following mishna: With regard to one who makes his sukka among the trees, and the trees serve as its walls, it is a valid sukka. This proves that the trees function as partitions even though they were not erected for this purpose. The Gemara responds: With what are we dealing here, in this mishna? To a case where he planted the trees from the outset for this purpose. The Gemara asks: If so, it is obvious that the trees constitute valid walls. The Gemara answers: Lest you say the Sages should issue a decree to prohibit using a sukka with trees as its walls, due to a concern that perhaps one will come to use the tree on the Festival and detach a branch or leaf in the process, the mishna therefore teaches us that no such decree was made and the sukka is permitted.
ΧͺΦΌΦΈΧ Χ©ΧΦ°ΧΦ·Χ’: ΧΦΈΧΦΈΧ Χ©ΧΦΈΧ ΧΦ΄ΧΧΦΈΧ ΧΧΦΉ ΧΦΌΦΈΧΦ΅Χ¨ ΧΧΦΉ ΧΦ΄ΧΧ¦Φ·Χͺ ΧΦ·Χ§ΦΌΦΈΧ Φ΄ΧΧ β Χ Φ΄ΧΧΦΌΧΦΉΧ ΧΦ΄Χ©ΦΌΧΧΦΌΧ ΧΦΌΦ°ΧΧΦΉΧΦΈΧ!
The Gemara tries to present another proof. Come and hear a proof from a baraita: If there was a tree there, or a fence, or a barrier of reeds that are interconnected and form a hedge, it is judged to be a valid double post, i.e., it qualifies as a partition suitable to enclose a public well, as will be explained below. This indicates that a partition not constructed to serve as a partition is nonetheless valid.
ΧΦΈΧΦΈΧ Χ ΦΈΧΦ΅Χ, ΧΦΌΦ°ΧΦ·ΧΧ Χ’ΦΈΧ‘Φ°Χ§Φ΄ΧΧ Φ·Χ β Χ©ΧΦΆΧ’Φ²Χ©ΧΦΈΧΦΈΧ ΧΦ΄ΧͺΦΌΦ°ΧΦ΄ΧΧΦΌΦΈΧ ΧΦ°ΧΦΈΧΦ°. ΧΦ΄Χ ΧΦΈΧΦ΄Χ ΧΦ·ΧΧ Χ§ΦΈΧ ΧΦ·Χ©ΧΦ°ΧΦ·Χ’ ΧΦ·Χ? [Χ§ΦΈΧ ΧΦ·Χ©ΧΦ°ΧΦ·Χ’ ΧΦ·Χ], ΧΦ΄ΧΧ¦Φ·Χͺ ΧΦ·Χ§ΦΌΦΈΧ Φ΄ΧΧ Χ§ΦΈΧ ΦΆΧ Χ§ΦΈΧ ΦΆΧ Χ€ΦΌΦΈΧΧΦΉΧͺ ΧΦ΄Χ©ΦΌΧΦ°ΧΦΉΧ©ΧΦΈΧ ΧΦ°Χ€ΦΈΧΦ΄ΧΧ, ΧΦΌΦ°ΧΦ΄ΧΦ°Χ’ΦΈΧ ΧΦ΄ΧΧ ΦΌΦ΅ΧΧΦΌ ΧΦ·ΧΦΌΦΈΧΦ΅Χ ΧΦ΅Χ¨Φ·ΧΦΌΦΈΧ.
The Gemara rejects this proof: Here, too, with what are we dealing? With a case where one constructed them from the outset for this purpose. The Gemara asks: If so, what does it teach us; is it not obvious that it is a valid double post? The Gemara answers: It teaches us that a barrier of reeds is a valid partition if the distance between one reed and the next is less than three handbreadths, as Abaye raised this dilemma to Rabba, and the baraita teaches that it is valid.
ΧͺΦΌΦΈΧ Χ©ΧΦ°ΧΦ·Χ’: ΧΦ΄ΧΧΦΈΧ ΧΦ·ΧΦΌΦ΅Χ‘Φ΅ΧΧΦ° Χ’Φ·Χ ΧΦΈΧΦΈΧ¨ΦΆΧ₯, ΧΦ΄Χ ΧΦ΅ΧΧ Χ ΧΦΉΧ€ΧΦΉ ΧΦΌΦΈΧΧΦΉΧΦΌΦ· ΧΦ΄Χ ΧΦΈΧΦΈΧ¨ΦΆΧ₯ Χ©ΧΦ°ΧΦΉΧ©ΧΦΈΧ ΧΦ°Χ€ΦΈΧΦ΄ΧΧ β ΧΦ°ΧΦ·ΧΦ°ΧΦ°ΧΦ΄ΧΧ ΧͺΦΌΦ·ΧΦ°ΧͺΦΌΦΈΧΧ. ΧΦΈΧΦΈΧ Χ ΦΈΧΦ΅Χ, ΧΦΌΦ°ΧΦ·ΧΧ Χ’ΦΈΧ‘Φ°Χ§Φ΄ΧΧ Φ·Χ β Χ©ΧΦΆΧ ΦΌΦ°ΧΦΈΧ’ΧΦΉ ΧΦ΄ΧͺΦΌΦ°ΧΦ΄ΧΧΦΌΦΈΧ ΧΦ°ΧΦΈΧΦ°.
The Gemara suggests another proof. Come and hear a proof from the following mishna: With regard to a tree whose branches hang over from a height of greater than ten handbreadths and reach almost to the ground, if the ends of its branches are not higher than three handbreadths from the ground, one may carry under it; the branches constitute partitions all around, and it is therefore permissible to carry in the enclosed area. The Gemara responds: Here, too, with what are we dealing? With a case where he planted the tree from the outset for this purpose.
ΧΦ΄Χ ΧΦΈΧΦ΄Χ, ΧΦ΄ΧΧΦ·ΧΦ°ΧΦ΅Χ ΧΦΌΦ°ΧΧΦΌΧΦΌΧΦΉ! ΧΦ·ΧΦΌΦ°ΧΦΈΧ ΧΦΈΧΦ·Χ¨ Χ¨Φ·Χ ΧΧΦΌΧ ΦΈΧ ΧΦΌΦ°Χ¨Φ΅ΧΧΦΌ ΧΦΌΦ°Χ¨Φ·Χ ΧΦ°ΧΧΦΉΧ©ΧΦ»Χ’Φ·: ΧΦ΅ΧΧ ΧΦ°ΧΦ·ΧΦ°ΧΦ°ΧΦ΄ΧΧ ΧΦΌΧΦΉ ΧΦΆΧΦΌΦΈΧ ΧΦΌΦ΅ΧΧͺ Χ‘ΦΈΧΧͺΦ·ΧΦ΄Χ.
The Gemara asks: If so, it should be permitted to carry in all of it no matter how large the area. Why, then, did Rav Huna, the son of Rav Yehoshua, say: One may only carry under the tree if its branches enclose an area no larger than two beit seβa, i.e., five thousand square cubits? If the area is larger, it is not considered a courtyard, and carrying there is prohibited. This indicates that the branches are not considered full-fledged partitions.
ΧΦ΄Χ©ΦΌΧΧΦΌΧ ΧΦΌΦ°ΧΦΈΧΦ΅Χ ΧΦΌΦ΄ΧΧ¨ΦΈΧ Χ©ΧΦΆΧͺΦΌΦ·Χ©ΧΦ°ΧΦ΄ΧΧ©ΧΦΈΧΦΌ ΧΦ·ΧΦ²ΧΦ΄ΧΧ¨, ΧΦ°ΧΧΧ ΧΦΌΦ΄ΧΧ¨ΦΈΧ Χ©ΧΦΆΧͺΦΌΦ·Χ©ΧΦ°ΧΦ΄ΧΧ©ΧΦΈΧΦΌ ΧΦ·ΧΦ²ΧΦ΄ΧΧ¨, ΧΦ΅ΧΧ ΧΦ°ΧΦ·ΧΦ°ΧΦ°ΧΦ΄ΧΧ ΧΦΌΦΈΧΦΌ ΧΦΆΧΦΌΦΈΧ ΧΦΌΦ΅ΧΧͺ Χ‘ΦΈΧΧͺΦ·ΧΦ΄Χ.
The Gemara answers: The reason that carrying is permitted only if the enclosed area is less than this size is because it is a dwelling whose use is for the open air beyond it, i.e., it is used by guards who are watching the fields beyond it, rather than as an independent dwelling place, and the halakha with regard to any dwelling whose use is for the open air beyond it is that one may carry in it only if its area is no larger than two beit seβa.
ΧͺΦΌΦΈΧ Χ©ΧΦ°ΧΦ·Χ’: Χ©ΧΦΈΧΦ·Χͺ ΧΦΌΦ°ΧͺΦ΅Χ Χ©ΧΦΆΧΧΦΌΧ ΧΦΌΦΈΧΧΦΉΧΦΌΦ· Χ’Φ²Χ©ΧΦΈΧ¨ΦΈΧ ΧΦ°ΧΧΦΌΧ ΧΦ΅ΧΦ·Χ¨Φ°ΧΦΌΦ·Χ’ ΧΦ·ΧΦΌΧΦΉΧͺ ΧΦ°Χ’Φ·Χ ΧΦΌΦ΅ΧΧͺ Χ‘ΦΈΧΧͺΦ·ΧΦ΄Χ, ΧΦ°ΧΦ΅Χ ΧΦΌΦ°Χ ΦΆΧ§Φ·Χ’ Χ©ΧΦΆΧΧΦΌΧ Χ’ΦΈΧΧΦΉΧ§ Χ’Φ²Χ©ΧΦΈΧ¨ΦΈΧ, ΧΦ°ΧΧΦΌΧ ΧΦ΅ΧΦ·Χ¨Φ°ΧΦΌΦ·Χ’ ΧΦ·ΧΦΌΧΦΉΧͺ ΧΦ°Χ’Φ·Χ ΧΦΌΦ΅ΧΧͺ Χ‘ΦΈΧΧͺΦ·ΧΦ΄Χ, ΧΦ°Χ§ΦΈΧΦΈΧ Χ§Φ°Χ¦ΧΦΌΧ¨ΦΈΧ ΧΦ°Χ©ΧΦ΄ΧΧΦΌΧΦΉΧΧΦΉΧͺ ΧΦ·Χ§ΦΌΦ΄ΧΧ€ΧΦΉΧͺ ΧΧΦΉΧͺΦΈΧΦΌ β ΧΦ°ΧΦ·ΧΦΌΦ΅ΧΦ° ΧΦΆΧͺ ΧΦΌΧΦΌΧΦΌΦΈΧΦΌ ΧΦ°ΧΧΦΌΧ¦ΦΈΧ ΧΦΈΧΦΌ ΧΦ·ΧΦ°Χ€ΦΌΦ·ΧΦ΄Χ ΧΦ·ΧΦΌΦΈΧ.
The Gemara suggests another proof. Come and hear that which was taught in the following baraita: With regard to one who established his Shabbat abode on a mound that was ten handbreadths high and its area was anywhere from four cubits to the two beit seβa; and similarly, one who established his Shabbat abode in a natural cavity of a rock that is ten handbreadths deep and its area was anywhere from four cubits to two beit seβa; and similarly, one who established his Shabbat abode in a field of reaped grain, and rows of stalks ten handbreadths high that have not been reaped surround it, serving as a partition enclosing the reaped area, he may walk in the entire enclosed area, and outside it an additional two thousand cubits. This indicates that a partition not specifically constructed to serve as a partition is nonetheless valid.
ΧΦ°ΧΦ΄Χ ΧͺΦΌΦ΅ΧΧΦΈΧ ΧΦΈΧΦΈΧ Χ ΦΈΧΦ΅Χ Χ©ΧΦΆΧ’ΦΈΧ©ΧΦΈΧ ΧΦ΄ΧͺΦΌΦ°ΧΦ΄ΧΧΦΌΦΈΧ ΧΦ°ΧΦΈΧΦ°, ΧΦΌΦ΄Χ©ΧΦ°ΧΦΈΧΦΈΧ Χ§ΦΈΧΦΈΧ ΧΦ°ΧΦ·ΧΦΌΦ΅Χ, ΧΦΆΧΦΌΦΈΧ ΧͺΦΌΦ΅Χ ΧΦΈΧ ΦΆΧ§Φ·Χ’ β ΧΦ·ΧΧ ΧΦ΄ΧΧΦΌΦΈΧ ΧΦ°ΧΦ΅ΧΧΦ·Χ¨?
And if you say that here, too, it is a case where he made it from the outset for this purpose, there is a difficulty. Granted, in the case of the grain, this answer is all right; but with regard to a mound and a cavity, what can be said? They were there from time immemorial and were not constructed to serve as partitions.
ΧΦΆΧΦΌΦΈΧ: ΧΦΌΦ΄ΧΦ°ΧΦ΄ΧΧ¦ΧΦΉΧͺ ΧΦΌΧΦΌΧΦΌΦ΅Χ Χ’ΦΈΧΦ°ΧΦΈΧ ΧΦΈΧ Χ€ΦΌΦ°ΧΦ΄ΧΧΦ΄Χ ΧΦΌΦ°ΧΦΈΧΦ°ΧΦΈΧ ΧΦ°ΧΦ΄ΧΧ¦ΦΈΧ, ΧΦΌΦ΄Χ Χ€ΦΌΦ°ΧΦ΄ΧΧΦ΄Χ β ΧΦΌΦ°ΧΦΆΧΦ΄Χ. ΧΦ·ΧΦΌΦΈΧΦ΅Χ ΧΦ°ΧΦ·Χ’Φ°ΧΦ΅ΧΧΦΌ ΧΦΌΦ°ΧΦΈΧΦ·Χ¨: ΧΦΆΧΦ΄Χ ΧΦ΄Χ©ΦΌΧΧΦΌΧ ΧΦ°ΧΦ΄ΧΧ¦ΦΈΧ, ΧΦΌΧΦ°ΧΦ΄ΧΧ¦ΦΌΦΈΧ ΧΦΈΧ’Φ²Χ©ΧΧΦΌΧΦΈΧ ΧΦ΅ΧΦ΅ΧΦΆΧΧΦΈ ΧΦΈΧΦ°ΧΦΈΧ ΧΦ°ΧΦ΄ΧΧ¦ΦΈΧ. ΧΦ°Χ¨ΦΈΧΦΈΧ ΧΦ°ΧΦ·Χ’Φ°ΧΦ΅ΧΧΦΌ ΧΦΌΦ°ΧΦΈΧΦ·Χ¨: ΧΦΆΧΦ΄Χ ΧΦ΄Χ©ΦΌΧΧΦΌΧ ΧΦΆΧΧΦΌΦ΅Χ¨, ΧΦ΄Χ Χ’Φ²ΧΦ΄ΧΧΦΈΧ ΧΦΌΦ°ΧΦΈΧΦ·ΧΦ΄Χ ΧΦΈΧΦ°ΧΦΈΧ ΧΦΆΧΧΦΌΦ΅Χ¨, ΧΦ°ΧΦ΄Χ ΧΦΈΧ ΧΦΈΧ ΧΦΈΧΦ΅Χ ΧΦΆΧΧΦΌΦ΅Χ¨.
Rather, the Gemara rejects its previous argument and explains: With regard to partitions, all agree that a partition that stands by itself is a partition, despite the fact that it was not erected for that purpose. Where they disagree is with regard to a side post. Abaye follows his usual line of reasoning, as he said that a side post serves as a partition, and a partition that stands by itself is a valid partition. And Rava follows his usual line of reasoning, as he said that a side post serves as a conspicuous marker. Therefore, if it was made with a personβs hands for that purpose, it is considered a conspicuous marker; and if not, it is not considered a conspicuous marker.
ΧͺΦΌΦΈΧ Χ©ΧΦ°ΧΦ·Χ’: ΧΦ·ΧΦ°Χ Φ΅Χ ΧΦΈΧΦ΅Χ¨ ΧΦ·ΧΦΌΧΦΉΧ¦Φ°ΧΧΦΉΧͺ ΧΦ΄Χ ΧΦ·ΧΦΌΦΈΧΦ΅Χ¨ ΧΧΦΌΧΦ°ΧΦΌΦΈΧΧΦΉΧͺ ΧΧΦΉ ΧΦ΄ΧΦΌΧΦΉ Χ€ΦΌΦΈΧΧΦΉΧͺ ΧΦ΄Χ©ΦΌΧΦ°ΧΦΉΧ©ΧΦΈΧ, ΧΦ΅ΧΧ Χ¦ΦΈΧ¨Φ΄ΧΧΦ° ΧΦΆΧΦ΄Χ ΧΦ·ΧΦ΅Χ¨. Χ©ΧΦ°ΧΦΉΧ©ΧΦΈΧ β Χ¦ΦΈΧ¨Φ΄ΧΧΦ° ΧΦΆΧΦ΄Χ ΧΦ·ΧΦ΅Χ¨.
The Gemara now attempts to prove which side is correct according to this version of the dispute. Come and hear a proof from the Tosefta: With regard to stones of a wall that protrude from the wall and are separated from each other by less than three handbreadths, there is no need for another side post in order to permit carrying in the alleyway; the protruding stones join together to form a side post. However, if they are separated by three handbreadths, there is a need for another side post. This indicates that a side post is valid even if it was not erected for that purpose.
ΧΦΈΧΦΈΧ Χ ΦΈΧΦ΅Χ Χ©ΧΦΆΧΦΌΦ°Χ ΦΈΧΦΈΧ ΧΦ΄ΧͺΦΌΦ°ΧΦ΄ΧΧΦΌΦΈΧ ΧΦ°ΧΦΈΧΦ°. ΧΦ΄Χ ΧΦΈΧΦ΄Χ, Χ€ΦΌΦ°Χ©ΧΦ΄ΧΧΦΈΧ! ΧΦ·ΧΧΦΌ ΧΦΌΦ°ΧͺΦ΅ΧΧΦΈΧ ΧΦ°ΧΦ΅ΧΧ‘Φ·Χ¨ ΧΦΌΦ΄Χ Φ°ΧΦΈΧΧ ΦΈΧ ΧΧΦΌΧ ΧΦΌΦ·Χ’Φ²ΧΦ΄ΧΧΦΈΧ. Χ§ΦΈΧ ΧΦ·Χ©ΧΦ°ΧΦ·Χ’ ΧΦ·Χ.
The Gemara rejects this proof: Here, too, we are dealing with a case where one built them from the outset for this purpose. The Gemara comments: If so, it is obvious that the side post is valid. The Gemara explains: Lest you say that it was only in order to connect the building to another building that he built the wall with protruding stones, it teaches us that it is a valid side post. We are not concerned that onlookers might assume that the wall was not originally built as a side post.
ΧͺΦΌΦΈΧ Χ©ΧΦ°ΧΦ·Χ’, ΧΦΌΦ°ΧͺΦΈΧ Φ΅Χ Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ΄ΧΦΌΦΈΧΧ: ΧΦΌΧΦΉΧͺΦΆΧ Χ©ΧΦΆΧ¦ΦΌΦ΄ΧΧΦΌΧΦΉ ΧΦΆΧΦΈΧ ΧΦΌΦΈΧ ΧΦΌΧ‘ ΧΦ΅ΧΦ²ΧΦ΅Χ¨ΧΦΉ, ΧΦΌΦ΅ΧΧ Χ©ΧΦΆΧ ΦΌΦ΄Χ¨Φ°ΧΦΆΧ ΧΦ΄ΧΦΌΦ·ΧΧΦΌΧ₯ ΧΦ°Χ©ΧΦΈΧΦΆΧ ΧΦ΄ΧΦΌΦ΄Χ€Φ°Χ Φ΄ΧΧ, ΧΦΌΧΦ΅ΧΧ Χ©ΧΦΆΧ ΦΌΦ΄Χ¨Φ°ΧΦΆΧ ΧΦ΄ΧΦΌΦ΄Χ€Φ°Χ Φ΄ΧΧ ΧΦ°Χ©ΧΦΈΧΦΆΧ ΧΦ΄ΧΦΌΦ·ΧΧΦΌΧ₯ β Χ Φ΄ΧΦΌΧΦΉΧ ΧΦ΄Χ©ΦΌΧΧΦΌΧ ΧΦΆΧΦ΄Χ.
The Gemara suggests another proof: Come and hear the following Tosefta taught by Rabbi αΈ€iyya: A wall, one side of which is more recessed than the other, whether the indentation is visible from the outside and the wall looks even from the inside, or it is visible from the inside and the wall looks even from the outside, it is considered a side post. This indicates that a side post is valid even if it was not erected for that purpose.
ΧΦΈΧΦΈΧ Χ ΦΈΧΦ΅Χ Χ©ΧΦΆΧ’Φ²Χ©ΧΦΈΧΧΦΉ ΧΦ΄ΧͺΦΌΦ°ΧΦ΄ΧΧΦΌΦΈΧ ΧΦ°ΧΦΈΧΦ°. ΧΦ΄Χ ΧΦΈΧΦ΄Χ, ΧΦ·ΧΧ Χ§ΦΈΧ ΧΦ·Χ©ΧΦ°ΧΦ·Χ’ ΧΦ·Χ? ΧΦΈΧ Χ§ΦΈΧ ΧΦ·Χ©ΧΦ°ΧΦ·Χ’ ΧΦ·Χ: Χ Φ΄Χ¨Φ°ΧΦΆΧ ΧΦ΄ΧΦΌΦ·ΧΧΦΌΧ₯ ΧΦ°Χ©ΧΦΈΧΦΆΧ ΧΦ΄ΧΦΌΦ΄Χ€Φ°Χ Φ΄ΧΧ β Χ Φ΄ΧΦΌΧΦΉΧ ΧΦ΄Χ©ΦΌΧΧΦΌΧ ΧΦΆΧΦ΄Χ.
The Gemara answers: Here, too, it is a case where one fashioned it from the outset for this purpose, to serve as a side post. The Gemara asks: If so, what does it teach us? The Gemara answers: This teaches us that a side post that is visible from the outside and looks even with the wall from the inside is considered a side post, although this view is not universally accepted.
ΧͺΦΌΦΈΧ Χ©ΧΦ°ΧΦ·Χ’: ΧΦΌΦ°Χ¨Φ·Χ ΧΦ²ΧΦΈΧ ΧΦΈΧͺΦ΅ΧΧ ΧΦΌΦ°ΧΦΈΧΧΦΌΧ ΧΦ°ΧΧΦΉΧΦΈΧ, ΧΦ²ΧΦΈΧ ΧΦΈΧͺΦ΅ΧΧ Χ¨Φ·Χ ΧΧΦΌΧ ΦΈΧ Χ§Φ·ΧΦΌΦ΅ΧΧΦΌ. ΧΦ²ΧΦ·Χ¨ ΧΦ΅ΧΧΦΌ ΧΦ°Χ©ΧΦ·ΧΦΌΦΈΧ’Φ΅ΧΧΦΌ: ΧΦ΄ΧΧ ΧΦ·ΧΦ°ΧΧͺΦ΄Χ ΧΦ΄Χ ΧΦΌΧΦΌΧΦΈΧ ΧΦ°ΧΦ·ΧΦΌΦΈΧ. Χ’Φ·Χ ΧΦΌΦ·ΧΦ²ΧͺΦΈΧ, Χ Φ°Χ€Φ·Χ ΧΦΆΧΦ°ΧΦΈΧ. ΧΦ·ΧΦ°ΧΦ΄Χ ΧΦ΅ΧΧΦΌ ΧΦΌΦ΄ΧΧΦ΅ΧΧΦΌ Χ§ΦΈΧ ΧΦ·ΧΦΌΧΦΌΧΦ°ΧͺΦΌΦ΅ΧΧΦΌ. ΧΦ²ΧΦ·Χ¨ ΧΦ΅ΧΧΦΌ Χ¨Φ·Χ ΧΧΦΌΧ ΦΈΧ: ΧΦΈΧ Χ‘ΦΈΧΦ·Χ¨ ΧΦ·ΧΦΌ ΧΦΈΧ¨ ΧΦ΄Χ‘Φ°ΧΧΦΉΧΦ° ΧΦ·ΧΦΌΦ΄ΧΧ§Φ°ΧΦΈΧ? ΧΦΈΧΦ·Χ¨: ΧΦΌΦΈΧΦ΅Χ ΧΦ·ΧΧ ΧΦ΅Χ¨Φ·ΧΦΌΦΈΧ Φ·Χ ΧΦΌΦ°ΧΦ·ΧΧ ΧΦΌΦ°ΧΦΈΧ Χ€ΦΌΦΈΧ¨Φ°Χ©ΧΦ΄Χ ΧΦ΄ΧΧ ΦΈΧ©ΧΦ΅Χ Χ©ΧΦ°ΧΦ·Χ’Φ°ΧͺΦΌΦΈΧ, ΧΦ΄Χ Χ‘ΦΈΧΦ°ΧΦ΄ΧΧ Φ·Χ Χ’Φ²ΧΦ΅ΧΧΦΌ ΧΦ΅ΧΦΆΧͺΦ°ΧΧΦΉΧ?
The Gemara suggests another proof: Come and hear the following story: Rav was sitting in a certain alleyway, and Rav Huna was sitting before him. He said to his attendant: Go, bring me a small pitcher of water. By the time he came back with the water, the side post at the entrance to the alleyway had fallen. Rav signaled to him with his hand that he should stop, and the attendant stood in his place. Rav Huna said to Rav: Doesnβt the Master hold that it is permissible to rely on the palm tree located at the entrance to this alleyway as a side post? Rav said: This scholar, Rav Huna, is comparable to one who does not know the teachings of the Sages. Did we rely on the palm tree from yesterday? Since we did not, carrying in the alleyway is not permitted.
ΧΦ·Χ’Φ°ΧΦΈΧ β ΧΦΌΦ°ΧΦΈΧ Χ‘ΦΈΧΦ°ΧΦ΄ΧΧ Φ·Χ, ΧΦΈΧ Χ‘ΦΈΧΦ°ΧΦ΄ΧΧ Φ·Χ β ΧΦΈΧΦ΅Χ ΧΦΆΧΦ΄Χ.
Based on Ravβs response, the Gemara argues as follows: The reason that the palm tree could not serve as a side post is because we did not rely on the palm tree from yesterday. This indicates that had we relied on it, it would be a valid side post, thus proving that a side post that was not erected for that purpose is nonetheless valid, in accordance with the opinion of Abaye.
ΧΦ΅ΧΧΦΈΧ ΧΦ·ΧΦΌΦΈΧΦ΅Χ ΧΦ°Χ¨ΦΈΧΦΈΧ ΧΦΌΦ΄ΧΦ°ΧΦΈΧ Χ‘ΦΈΧΦ°ΧΦ΄ΧΧ Φ·Χ Χ’Φ²ΧΦ΅ΧΧΦΌ Χ€ΦΌΦ°ΧΦ΄ΧΧΦ΄Χ, ΧΦΈΧ Χ‘ΦΈΧΦ°ΧΦ΄ΧΧ Φ·Χ Χ’Φ²ΧΦ΅ΧΧΦΌ β ΧΦΈΧΦ΅Χ ΧΦΆΧΦ΄Χ. ΧΦΈΧ Χ‘ΦΈΧΦ°Χ§ΦΈΧ ΧΦΌΦ·Χ’Φ°ΧͺΦΌΦΈΧΦ°, ΧΦΌΦ°ΧΦΈΧΧΦΌΧ ΧΦΌΦ·Χ¨Φ°Χ§ΦΈΧ ΧΦΌΦ·ΧΦ²ΧΦΈΧ ΧΦΌΦ΅Χ ΧΦΌΦ·Χ¨ ΧΦΈΧΧΦΌ ΧΦΌΦ·ΧΦ²ΧΧΦΉ Χ€ΦΌΦ°ΧΦ΄ΧΧΦ΄Χ ΧΦΌΦ·ΧΦΌ ΧΦ·ΧΦΌΦΈΧΦ΅Χ ΧΦ°Χ¨ΦΈΧΦΈΧ ΧΦΌΧΦΌΧΦΌΦ΅Χ Χ©ΧΦ°Χ Φ·ΧΦ°ΧΧΧΦΌ.
The Gemara suggests: Shall we say that Abaye and Rava disagree only in a case where they did not rely on it before Shabbat, but in a case where they did rely on it, all agree it is a valid side post? The Gemara answers: This should not enter your mind, as there was a certain balcony [barka] that was in the house of Bar αΈ€avu that Abaye and Rava disagreed about their entire lives. The residents of the alleyway began relying on a pillar upon which the balcony rested as their side post. Since Abaye and Rava disagreed about this case, it is clear that their disagreement applies even when the residents had relied on the item as a side post from before Shabbat.
ΧΦ·ΧͺΦ°Χ Φ΄ΧΧ³ ΧΦΌΦ·ΧΦΌΦΉΧ Χ’ΧΦΉΧ©ΧΦ΄ΧΧ ΧΦ°ΧΦΈΧΦ·ΧΦ΄Χ ΧΦ²Χ€Φ΄ΧΧΦΌΧΦΌ ΧΦΌΦ°ΧΦΈΧΦΈΧ¨ Χ©ΧΦΆΧΦΌΦ΅Χ©Χ ΧΦΌΧΦΉ Χ¨ΧΦΌΧΦ· ΧΦ·ΧΦΌΦ΄ΧΧ, ΧΦ°Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ΅ΧΦ΄ΧΧ¨ ΧΧΦΉΧ‘Φ΅Χ¨. ΧΦΌΧΦ°ΧΦ·ΧΦΌΦ΅Χ ΧΦ΄Χ©ΦΌΧΧΦΌΧ ΧΦΌΧΦΉΧΦ΅Χ,
MISHNA: One may construct side posts from anything, even a living creature, provided that it was properly attached to the entrance of the alleyway, and Rabbi Meir prohibits using a living creature as a side post. The mishna continues with a similar dispute: Even a living creature imparts ritual impurity if it used as the covering of a grave.
ΧΦ°Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ΅ΧΦ΄ΧΧ¨ ΧΦ°ΧΦ·ΧΦ΅Χ¨. ΧΦ°ΧΧΦΉΧͺΦ°ΧΦ΄ΧΧ Χ’ΦΈΧΦΈΧΧ ΧΦΌΦ΄ΧΧΦΌΦ΅Χ Χ ΦΈΧ©ΧΦ΄ΧΧ, ΧΦ°Χ¨Φ·ΧΦΌΦ΄Χ ΧΧΦΉΧ‘Φ΅Χ ΧΦ·ΧΦΌΦ°ΧΦ΄ΧΧΦ΄Χ Χ€ΦΌΧΦΉΧ‘Φ΅Χ.
But Rabbi Meir deems it pure. Likewise, one may write womenβs bills of divorce on anything, even a living creature. But Rabbi Yosei HaGelili invalidates a bill of divorce written on a living creature.
ΧΦΌΦ°ΧΦΈΧ³ ΧͺΦΌΦ·Χ Φ°ΧΦΈΧ, Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ΅ΧΦ΄ΧΧ¨ ΧΧΦΉΧΦ΅Χ¨: ΧΦΌΦΈΧ ΧΦΌΦΈΧΦΈΧ¨ Χ©ΧΦΆΧΦΌΦ΅Χ©Χ ΧΦΌΧΦΉ Χ¨ΧΦΌΧΦ· ΧΦ·ΧΦΌΦ΄ΧΧ ΧΦ΅ΧΧ Χ’ΧΦΉΧ©ΧΦ΄ΧΧ ΧΧΦΉΧͺΧΦΉ ΧΦΉΧ ΧΦΌΧΦΉΧ€ΦΆΧ ΧΦ°Χ‘ΧΦΌΧΦΌΦΈΧ ΧΦ°ΧΦΉΧ ΧΦΆΧΦ΄Χ ΧΦ°ΧΦΈΧΧΦΉΧ, ΧΦΉΧ Χ€ΦΌΦ·Χ‘ΦΌΦ΄ΧΧ ΧΦ°ΧΦ΅ΧΧ¨ΦΈΧΧΦΉΧͺ ΧΦ°ΧΦΉΧ ΧΦΌΧΦΉΧΦ΅Χ ΧΦ°Χ§ΦΆΧΦΆΧ¨. ΧΦ΄Χ©ΦΌΧΧΦΌΧ Χ¨Φ·ΧΦΌΦ΄Χ ΧΧΦΉΧ‘Φ΅Χ ΧΦ·ΧΦΌΦ°ΧΦ΄ΧΧΦ΄Χ ΧΦΈΧΦ°Χ¨ΧΦΌ: ΧΦ·Χ£ ΧΦ΅ΧΧ ΧΦΌΧΦΉΧͺΦ°ΧΦ΄ΧΧ Χ’ΦΈΧΦΈΧΧ ΧΦΌΦ΄ΧΧΦΌΦ΅Χ Χ ΦΈΧ©ΧΦ΄ΧΧ.
GEMARA: It was taught in a baraita that Rabbi Meir says: An animate object may neither be used as a wall for a sukka, nor as a side post for an alleyway, nor as one of the upright boards surrounding a well, nor as the covering of a grave. They said in the name of Rabbi Yosei HaGelili: Nor may one write womenβs bills of divorce on it.
ΧΦ·ΧΧ ΧΦ·Χ’Φ°ΧΦΈΧ ΧΦΌΦ°Χ¨Φ·ΧΦΌΦ΄Χ ΧΧΦΉΧ‘Φ΅Χ ΧΦ·ΧΦΌΦ°ΧΦ΄ΧΧΦ΄Χ, ΧΦΌΦ°ΧͺΦ·Χ Φ°ΧΦΈΧ: Χ΄Χ‘Φ΅Χ€ΦΆΧ¨Χ΄, ΧΦ΅ΧΧ ΧΦ΄Χ ΧΦΆΧΦΌΦΈΧ Χ‘Φ΅Χ€ΦΆΧ¨. ΧΦ΄Χ ΦΌΦ·ΧΦ΄ΧΧ ΧΦ°Χ¨Φ·ΧΦΌΧΦΉΧͺ ΧΦΌΦΈΧ ΧΦΌΦΈΧΦΈΧ¨? ΧͺΦΌΦ·ΧΦ°ΧΧΦΌΧ ΧΧΦΉΧΦ·Χ¨ Χ΄ΧΦ°ΧΦΈΧͺΦ·Χ ΧΦΈΧΦΌΧ΄, ΧΦ΄ΧΦΌΧΧ ΧΦΈΧ§ΧΦΉΧ. ΧΦ΄Χ ΧΦΌΦ΅Χ ΧΦΈΧ ΧͺΦΌΦ·ΧΦ°ΧΧΦΌΧ ΧΧΦΉΧΦ·Χ¨ Χ΄Χ‘Φ΅Χ€ΦΆΧ¨Χ΄? ΧΧΦΉΧΦ·Χ¨ ΧΦΈΧΦ°: ΧΦΈΧ Χ‘Φ΅Χ€ΦΆΧ¨ ΧΦΌΦΈΧΦΈΧ¨ Χ©ΧΦΆΧΦ΅ΧΧ ΧΦΌΧΦΉ Χ¨ΧΦΌΧΦ· ΧΦ·ΧΦΌΦ΄ΧΧ ΧΦ°ΧΦ΅ΧΧ ΧΦΉ ΧΧΦΉΧΦΆΧ, ΧΦ·Χ£ ΧΦΌΦΈΧ ΧΦΌΦΈΧΦΈΧ¨ Χ©ΧΦΆΧΦ΅ΧΧ ΧΦΌΧΦΉ Χ¨ΧΦΌΧΦ· ΧΦ·ΧΦΌΦ΄ΧΧ ΧΦ°ΧΦ΅ΧΧ ΧΦΉ ΧΧΦΉΧΦΆΧ.
The Gemara asks: What is the reason for Rabbi Yosei HaGeliliβs opinion? As it was taught in a baraita with regard to the verse: βWhen a man takes a wife, and marries her, then it comes to pass if she finds no favor in his eyes, because he has found some unseemly thing in her; that he write her a scroll of severance and give it in her hand, and send her out of his houseβ (Deuteronomy 24:1): From the word scroll, I have derived that only a scroll is valid. From where is it derived to include all objects as valid materials upon which a bill of divorce may be written? The Torah states: βThat he write her,β in any case, i.e., any surface upon which the formula can be written. If so, why does the verse state βscrollβ? To tell you that a bill of divorce must be written on a surface like a scroll: Just as a scroll is neither alive nor food, so too, a bill of divorce may be written on any object that is neither alive nor food. That is why Rabbi Yosei HaGelili invalidates a bill of divorce written on a living being.
ΧΦ°Χ¨Φ·ΧΦΌΦΈΧ Φ·Χ? ΧΦ΄Χ ΧΦΌΦ°ΧͺΦ΄ΧΧ Χ΄ΧΦΌΦ°Χ‘Φ΅Χ€ΦΆΧ¨Χ΄? Χ΄Χ‘Φ΅Χ€ΦΆΧ¨Χ΄ ΧΦΌΦ°ΧͺΦ΄ΧΧ, ΧΦ΄Χ‘Φ°Χ€Φ΄ΧΧ¨ΧΦΌΧͺ ΧΦΌΦ°ΧΦΈΧ¨Φ΄ΧΧ ΧΦΌΦ°Χ’ΦΈΧΦ°ΧΦΈΧ ΧΧΦΌΧ ΧΦΌΦ·ΧΦ²ΧͺΦΈΧ.
The Gemara asks: And how do the Rabbis, who disagree and say that a bill of divorce may be written even on a living creature or on food, interpret the verse? They contend: Is the verse written: βLet him write for her in the scroll [basefer],β indicating the only type of surface on which the bill of divorce may be written? No, scroll [sefer] is written, which comes to teach that a mere account of the matters [sefirot devarim] is required. In other words, sefer is referring not to the surface on which a bill of divorce must be written, but rather to the essence of the bill of divorce. The verse teaches that the bill of divorce must contain particular content.
ΧΦ°Χ¨Φ·ΧΦΌΦΈΧ Φ·Χ, ΧΦ·ΧΧ Χ΄ΧΦ°ΧΦΈΧͺΦ·Χ ΧΦΈΧΦΌΧ΄ ΧΦ·ΧΧ ΧΦΌΦΈΧ¨Φ°Χ©ΧΦ΄Χ ΧΦΌΦ΅ΧΧΦΌ? ΧΦΈΧΧΦΌΧ ΧΦ΄ΧΦΌΦ°Χ’Φ΅Χ ΧΦ΅ΧΧΦΌ: ΧΦΌΦ΄ΧΦ°ΧͺΦ΄ΧΧΦΈΧ ΧΦ΄ΧͺΦ°ΧΦΌΦΈΧ¨ΦΆΧ©ΧΦΆΧͺ, ΧΦ°ΧΦ΅ΧΧ ΦΈΧΦΌ ΧΦ΄ΧͺΦ°ΧΦΌΦΈΧ¨ΦΆΧ©ΧΦΆΧͺ ΧΦΌΦ°ΧΦΆΧ‘ΦΆΧ£. Χ‘ΦΈΧΦ°Χ§ΦΈΧ ΧΦΌΦ·Χ’Φ°ΧͺΦΌΦΈΧΦ° ΧΦΈΧΦ΅ΧΧ ΦΈΧ: ΧΧΦΉΧΦ΄ΧΧ ΧΦ°ΧΦ΄ΧΧͺΦΌΦ·Χ§ΦΌΦ·Χ©Χ ΧΦ°Χ¦Φ΄ΧΧΦΈΧ ΧΦ·ΧΦ²ΧΦΈΧΦΈΧ β ΧΦΈΧ ΧΦ²ΧΦΈΧΦΈΧ ΧΦΌΦ°ΧΦΆΧ‘ΦΆΧ£, ΧΦ·Χ£ ΧΦ°Χ¦Φ΄ΧΧΦΈΧ ΧΦΌΦ°ΧΦΆΧ‘ΦΆΧ£. Χ§ΦΈΧ ΧΦ·Χ©ΧΦ°ΧΦ·Χ’ ΧΦ·Χ.
The Gemara continues: And what do the Rabbis derive from the phrase βthat he write herβ? The Gemara answers: That phrase is required to teach the principle that a woman is divorced only by means of writing, i.e., a bill of divorce, and she is not divorced by means of money. It might have entered your mind to say: Since in the verse, leaving marriage, i.e., divorce, is juxtaposed to becoming married, i.e., betrothal, then, just as becoming married is effected with money, so too, leaving marriage may be effected with money. Therefore, the Torah teaches us: βThat he write for herβ; divorce can be effected only with a written bill of divorce.
ΧΦ°Χ¨Φ·ΧΦΌΦ΄Χ ΧΧΦΉΧ‘Φ΅Χ ΧΦ·ΧΦΌΦ°ΧΦ΄ΧΧΦ΄Χ, ΧΦ·ΧΧ Χ‘Φ°ΧΦΈΧ¨ΦΈΧ ΧΦ°Χ ΦΈΧ ΧΦ΅ΧΧΦΌ? Χ ΦΈΧ€Φ°Χ§ΦΈΧ ΧΦ΅ΧΧΦΌ ΧΦ΄Χ΄Χ‘ΦΌΦ΅Χ€ΦΆΧ¨ ΧΦΌΦ°Χ¨Φ΄ΧΧͺΧΦΌΧͺΧ΄: Χ‘Φ΅Χ€ΦΆΧ¨ ΧΦΌΧΦΉΧ¨Φ°ΧͺΦΈΧΦΌ, ΧΦ°ΧΦ΅ΧΧ ΧΦΌΦΈΧΦΈΧ¨ ΧΦ·ΧΦ΅Χ¨ ΧΦΌΧΦΉΧ¨Φ°ΧͺΦΈΧΦΌ.
The Gemara asks: And Rabbi Yosei HaGelili, from where does he derive this reasoning, that a woman cannot be divorced with money? The Gemara answers: He derives it from the phrase: A scroll of severance, which teaches that a scroll, i.e., a written document, severs her from her husband and nothing else severs her from him.
ΧΦ°Χ¨Φ·ΧΦΌΦΈΧ Φ·Χ, ΧΦ·ΧΧ Χ΄Χ‘Φ΅Χ€ΦΆΧ¨ ΧΦΌΦ°Χ¨Φ΄ΧΧͺΧΦΌΧͺΧ΄ ΧΦ΄ΧΧΦΌΦ°Χ’Φ΅Χ ΧΦ΅ΧΧΦΌ ΧΦ°ΧΦΈΧΦΈΧ¨ ΧΦ·ΧΦΌΧΦΉΧ¨Φ΅Χͺ ΧΦΌΦ΅ΧΧ ΧΦΉ ΧΦ°ΧΦ΅ΧΧ ΦΈΧΦΌ. ΧΦ°ΧΦ΄ΧΦ°ΧͺΦ·Χ Φ°ΧΦΈΧ: ΧΦ²Χ¨Φ΅Χ ΧΦΆΧ ΧΦΌΦ΄ΧΧΦΌΦ΅ΧΦ° Χ’Φ·Χ ΧΦ°Χ ΦΈΧͺ Χ©ΧΦΆΧΦΌΦΉΧ ΧͺΦΌΦ΄Χ©ΧΦ°ΧͺΦΌΦ΄Χ ΧΦ·ΧΦ΄Χ, Χ’Φ·Χ ΧΦ°Χ ΦΈΧͺ Χ©ΧΦΆΧΦΌΦΉΧ ΧͺΦΌΦ΅ΧΦ°ΧΦ΄Χ ΧΦ°ΧΦ΅ΧΧͺ ΧΦΈΧΦ΄ΧΧΦ° ΧΦ°Χ’ΧΦΉΧΦΈΧ β ΧΦ΅ΧΧ ΧΦΆΧ ΧΦΌΦ°Χ¨Φ΄ΧΧͺΧΦΌΧͺ. ΧΦΌΦΈΧ Χ©ΧΦ°ΧΦΉΧ©ΧΦ΄ΧΧ ΧΧΦΉΧ β ΧΦ²Χ¨Φ΅Χ ΧΦΆΧ ΧΦΌΦ°Χ¨Φ΄ΧΧͺΧΦΌΧͺ.
The Gemara continues: And the Rabbis explain that this phrase: A scroll of severance, is required to teach that a bill of divorce must be a matter that severs all connection between him and her. As it was taught in a baraita: If a man says to his wife: This is your bill of divorce, on condition that you will never drink wine, or on condition that you will never go to your fatherβs house, that is not severance; the bill of divorce is not valid. If a bill of divorce imposes a condition upon the woman that permanently binds her to her husband, her relationship with her husband has not been completely severed, which is a prerequisite for divorce. If, however, he imposes a condition for the duration of thirty days, or any other limited period of time, that is severance, and the bill of divorce is valid, as the relationship will be completely terminated at the end of the thirty-day period.
ΧΦ°Χ¨Φ·ΧΦΌΦ΄Χ ΧΧΦΉΧ‘Φ΅Χ ΧΦ·ΧΦΌΦ°ΧΦ΄ΧΧΦ΄Χ, Χ ΦΈΧ€Φ°Χ§ΦΈΧ ΧΦ΅ΧΧΦΌ ΧΦ΄Χ΄ΧΦΌΦΈΧ¨Φ΅ΧͺΧ΄ Χ΄ΧΦΌΦ°Χ¨Φ΄ΧΧͺΧΦΌΧͺΧ΄.
And Rabbi Yosei HaGelili derives that a condition without a termination point invalidates the divorce from the fact that instead of using the term karet, the verse uses the more expanded term keritut. Inasmuch as both terms denote severance, using the longer term teaches us two things: Divorce can be effected only by means of writing and not through money, and divorce requires total severance.
ΧΦ°Χ¨Φ·ΧΦΌΦΈΧ Φ·Χ Χ΄ΧΦΌΦΈΧ¨Φ΅ΧͺΧ΄ Χ΄ΧΦΌΦ°Χ¨Φ΄ΧΧͺΧΦΌΧͺΧ΄ ΧΦΈΧ ΧΦΌΦΈΧ¨Φ°Χ©ΧΦ΄Χ.
And as for the Rabbis, they do not derive anything from the expansion of karet to keritut.
ΧΦ·ΧͺΦ°Χ Φ΄ΧΧ³ Χ©ΧΦ°ΧΦΈΧΧ¨ΦΈΧ Χ©ΧΦΆΧΦΈΧ Φ°ΧͺΦΈΧ ΧΦΌΦ°ΧΦ΄Χ§Φ°Χ’ΦΈΧ ΧΦ°ΧΦ΄Χ§ΦΌΦ΄ΧΧ€ΧΦΌΧΦΈ ΧΦΌΦ°ΧΦ΅Χ ΧΦ°ΧΦ΅ΧΦΈΧ β ΧΦ°ΧΦ·ΧΦ°ΧΦ°ΧΦ΄ΧΧ ΧΦΌΦ°ΧͺΧΦΉΧΦΈΧΦΌ. ΧΦΌΧΦ΄ΧΦ°ΧΦ·Χ Χ©ΧΦΆΧΦΌΦ°ΧΦ΅Χ ΧΦΌΦΈΧΦ΅Χ¨ ΧΦΌΦΈΧΧΦΉΧΦΌΦ· Χ’Φ²Χ©ΧΦΈΧ¨ΦΈΧ ΧΦ°Χ€ΦΈΧΦ΄ΧΧ, ΧΦ°ΧΦΉΧ ΧΦ°ΧΧΦΌ Χ€ΦΌΦ΄ΧΧ¨Φ°Χ¦ΧΦΉΧͺ ΧΦ°ΧͺΦ΅Χ¨ΧΦΉΧͺ Χ’Φ·Χ ΧΦ·ΧΦΌΦ΄Χ Φ°ΧΦΈΧ.
MISHNA: If a caravan camped in a valley, i.e., an open space not enclosed by walls, and the travelers enclosed their camp with partitions made of the animalsβ equipment, e.g., saddles and the like, one may carry inside the enclosed area, provided that the resultant partition will be a fence ten handbreadths high, and that there will not be breaches in the partition greater than the built segment.
ΧΦΌΦΈΧ Χ€ΦΌΦ΄ΧΧ¨Φ°Χ¦ΦΈΧ Χ©ΧΦΆΧΦ΄ΧΧ ΧΦΌΦ°Χ’ΦΆΧ©ΧΦΆΧ¨ ΧΦ·ΧΦΌΧΦΉΧͺ ΧΧΦΌΧͺΦΌΦΆΧ¨ΦΆΧͺ, ΧΦ΄Χ€ΦΌΦ°Χ Φ΅Χ Χ©ΧΦΆΧΦ΄ΧΧ ΧΦΌΦ°Χ€ΦΆΧͺΦ·Χ. ΧΦΈΧͺΦ΅Χ¨ ΧΦ΄ΧΦΌΦΈΧΧ β ΧΦΈΧ‘ΧΦΌΧ¨.
Any breach that is approximately ten cubits wide is permitted and does not invalidate the partition because it is considered like an entrance. However, if one of the breaches is greater than ten cubits, it is prohibited to carry anywhere in the enclosed area.
ΧΦΌΦ°ΧΦΈΧ³ ΧΦ΄ΧΧͺΦΌΦ°ΧΦ·Χ¨, Χ€ΦΌΦΈΧ¨ΧΦΌΧ₯ ΧΦΌΦ°Χ’ΧΦΉΧΦ΅Χ β Χ¨Φ·Χ Χ€ΦΌΦΈΧ€ΦΌΦΈΧ ΧΦΈΧΦ·Χ¨: ΧΧΦΌΧͺΦΌΦΈΧ¨, Χ¨Φ·Χ ΧΧΦΌΧ ΦΈΧ ΧΦΌΦ°Χ¨Φ΅ΧΧΦΌ ΧΦΌΦ°Χ¨Φ·Χ ΧΦ°ΧΧΦΉΧ©ΧΦ»Χ’Φ· ΧΦΈΧΦ·Χ¨: ΧΦΈΧ‘ΧΦΌΧ¨.
GEMARA: It is stated that the amoraβim disagree about the case where the breached segment of the partition equals the standing portion. Rav Pappa said: It is permitted to carry within that enclosure. Rav Huna, son of Rav Yehoshua, said: It is prohibited.
Χ¨Φ·Χ Χ€ΦΌΦΈΧ€ΦΌΦΈΧ ΧΦΈΧΦ·Χ¨ ΧΧΦΌΧͺΦΌΦΈΧ¨: ΧΦΈΧΦ΄Χ ΧΦ·ΧΦ°ΧΦ°Χ¨Φ΅ΧΧΦΌ Χ¨Φ·ΧΦ²ΧΦΈΧ ΦΈΧ ΧΦ°ΧΦΉΧ©ΧΦΆΧ β ΧΦΈΧ ΧͺΦΌΦ΄Χ€Φ°Χ¨ΧΦΉΧ₯ Χ¨ΧΦΌΧΦΌΦΈΧ. Χ¨Φ·Χ ΧΧΦΌΧ ΦΈΧ ΧΦΌΦ°Χ¨Φ΅ΧΧΦΌ ΧΦΌΦ°Χ¨Φ·Χ ΧΦ°ΧΧΦΉΧ©ΧΦ»Χ’Φ· ΧΦΈΧΦ·Χ¨ ΧΦΈΧ‘ΧΦΌΧ¨: ΧΦΈΧΦ΄Χ ΧΦ·ΧΦ°ΧΦ°Χ¨Φ΅ΧΧΦΌ Χ¨Φ·ΧΦ²ΧΦΈΧ ΦΈΧ ΧΦ°ΧΦΉΧ©ΧΦΆΧ β ΧΦΌΦ°ΧΧΦΉΧ¨ Χ¨ΧΦΌΧΦΌΦΈΧ.
The Gemara explains: Rav Pappa said: It is permitted. This is what the Merciful One taught Moses: Do not breach the majority of the partition; as long as the greater part is not breached, it is considered a partition. Rav Huna, son of Rav Yehoshua, said: It is prohibited. This is what the Merciful One taught Moses: Circumscribe the greater part; if the greater part is not enclosed, it is not a partition.
ΧͺΦΌΦ°Χ Φ·Χ: ΧΦ°ΧΦΉΧ ΧΦ°ΧΧΦΌ Χ€ΦΌΦ΄ΧΧ¨Φ°Χ¦ΧΦΉΧͺ ΧΦ°ΧͺΦ΅Χ¨ΧΦΉΧͺ Χ’Φ·Χ ΧΦ·ΧΦΌΦ΄Χ Φ°ΧΦΈΧ. ΧΦΈΧ ΧΦΌΦ·ΧΦΌΦ΄Χ Φ°ΧΦΈΧ β ΧΧΦΌΧͺΦΌΦΈΧ¨?!
We learned in the mishna: And there will not be breaches in the partition greater than the built segment. Only then would carrying be permitted in the enclosed area. By inference, if the breaches equal the built segment, it is permitted. This presents a difficulty for Rav Huna, son of Rav Yehoshua.
ΧΦΈΧ ΧͺΦΌΦ΅ΧΧΦΈΧ ΧΦΈΧ ΧΦΌΦ·ΧΦΌΦ΄Χ Φ°ΧΦΈΧ ΧΧΦΌΧͺΦΌΦΈΧ¨, ΧΦΆΧΦΌΦΈΧ ΧΦ΅ΧΧΦΈΧ: ΧΦ΄Χ ΧΦΌΦ΄Χ Φ°ΧΦΈΧ ΧΦΈΧͺΦ΅Χ¨ Χ’Φ·Χ ΧΦ·Χ€ΦΌΦ΄ΧΧ¨Φ°Χ¦ΦΈΧ β ΧΧΦΌΧͺΦΌΦΈΧ¨.
The Gemara responds: Do not say: By inference if they equal the built segment, it is permitted; rather, say: If the built segment is greater than the breach, it is permitted to carry in the enclosed area.
ΧΦ²ΧΦΈΧ ΧΦΌΦ·ΧΦΌΦ΄Χ Φ°ΧΦΈΧ, ΧΦ·ΧΧ β ΧΦΈΧ‘ΧΦΌΧ¨? ΧΦ΄Χ ΧΦΈΧΦ΄Χ ΧΦ΄ΧΧͺΦ°Χ Φ΅Χ Χ΄ΧΦΉΧ ΧΦ°ΧΧΦΌ Χ€ΦΌΦ΄ΧΧ¨Φ°Χ¦ΧΦΉΧͺ ΧΦΌΦ·ΧΦΌΦ΄Χ Φ°ΧΦΈΧΧ΄! Χ§Φ·Χ©ΧΦ°ΧΦΈΧ.
The Gemara continues: However, according to that way of understanding the mishna, if the breach equals the built segment, what is the halakha? Is carrying prohibited? If so, let the mishna teach that carrying is permitted, provided that the breaches do not equal the built segment. It can be inferred from this that if the breaches are greater than the built segment, it is certainly prohibited. The Gemara concludes: Indeed, this poses a difficulty to the opinion of Rav Huna, son of Rav Yehoshua.
ΧͺΦΌΦΈΧ Χ©ΧΦ°ΧΦ·Χ’: ΧΦ·ΧΦ°Χ§ΦΈΧ¨ΦΆΧ Χ‘ΧΦΌΧΦΌΦΈΧͺΧΦΉ ΧΦΌΦ°Χ©ΧΦ·Χ€ΦΌΧΦΌΧΦ΄ΧΧ ΧΧΦΉ ΧΦΌΦ·ΧΦ²Χ¨ΧΦΌΧΦΌΧΦΉΧͺ ΧΦ·ΧΦΌΦ΄ΧΦΌΦΈΧ, ΧΦ΄Χ ΧΦ΅Χ©Χ Χ¨ΦΆΧΧΦ·Χ ΧΦΌΦ΅ΧΧ Φ΅ΧΧΦΆΧ ΧΦΌΦ°ΧΧΦΉΧͺΦΈΧ β ΧΦΌΦ°Χ©ΧΦ΅ΧΧ¨ΦΈΧ!
The Gemara cites a proof to support Rav Pappaβs opinion. Come and hear that which the mishna taught about the halakhot of sukka: With regard to one who roofed his sukka with metal skewers or with bed posts, both of which are unfit for sukka roofing because they are susceptible to ritual impurity, if there is space between them, equal to their width, filled with materials valid for sukka roofing, the sukka is valid. Apparently, with regard to roofing, if the valid materials equal the invalid, the sukka is valid. Similarly, if the built segment of an enclosure equals the breached segment, it is a valid enclosure for the purpose of carrying on Shabbat. This supports Rav Pappaβs opinion against that of Rav Huna, son of Rav Yehoshua.
ΧΦΈΧΦΈΧ ΧΦΌΦ°ΧΦ·ΧΧ Χ’ΦΈΧ‘Φ°Χ§Φ΄ΧΧ Φ·Χ: ΧΦΌΦ°Χ©ΧΦΆΧ ΦΌΦ΄ΧΦ°Χ ΦΈΧ‘ ΧΦ°ΧΧΦΉΧ¦Φ΅Χ.
The Gemara contests this conclusion. With what are we dealing here? It is with a case where the skewers can be inserted and extracted easily. In other words, the case of the mishna in Sukka is not one where there are equal amounts of valid and invalid roofing. It is referring to a case where there is additional space between the skewers, which allows for their easy insertion and removal. Consequently, the space filled by the valid roofing is greater than that filled by the skewers.
ΧΦ°ΧΦΈΧ ΧΦΆΧ€Φ°Χ©ΧΦΈΧ¨ ΧΦ°Χ¦Φ·ΧΦ°Χ¦Φ΅Χ?
The Gemara asks: Isnβt it possible to be precise? Couldnβt the mishna in Sukka be understood as describing a case where the gaps between the skewers equal the width of the skewers? That understanding supports the opinion of Rav Pappa, who maintains that when the valid segment precisely equals the invalid segment, the whole is valid.
ΧΦΈΧΦ·Χ¨ Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ·ΧΦΌΦ΅Χ: ΧΦΌΦ°ΧΦ·Χ’Φ²ΧΦ΄ΧΧ£.
Rabbi Ami said: This mishna is referring to a case where one adds roofing, so that the area of the valid roofing is greater than that of the skewers.
Χ¨ΦΈΧΦΈΧ ΧΦΈΧΦ·Χ¨: ΧΦ΄Χ ΧΦΈΧΧΦΌ Χ Φ°ΧͺΧΦΌΧ Φ΄ΧΧ Χ’Φ΅Χ¨ΦΆΧ β Χ ΧΦΉΧͺΦ°Χ ΧΦΉ Χ©ΧΦ°ΧͺΦ΄Χ, Χ©ΧΦ°ΧͺΦ΄Χ β Χ ΧΦΉΧͺΦ°Χ ΧΦΉ Χ’Φ΅Χ¨ΦΆΧ.
Rava said: This is referring to a case where if the skewers were placed crosswise to the sukka, he should place the valid roofing lengthwise, and similarly, if the skewers were placed lengthwise, he should place the valid roofing crosswise, ensuring that there is more valid than invalid roofing.
ΧͺΦΌΦΈΧ Χ©ΧΦ°ΧΦ·Χ’: Χ©ΧΦ°ΧΦΈΧΧ¨ΦΈΧ Χ©ΧΦΆΧΦΈΧ Φ°ΧͺΦΈΧ ΧΦΌΦ°ΧΦ΄Χ§Φ°Χ’ΦΈΧ ΧΦ°ΧΦ΄Χ§ΦΌΦ΄ΧΧ€ΧΦΌΧΦΈ ΧΦΌΦ΄ΧΦ°ΧΦ·ΧΦΌΦ΄ΧΧ, ΧΦΌΦ°ΧΧΦΌΧΦΌΦΈΧ€ΧΦΉΧͺ,
The Gemara seeks to adduce a proof in support of the opinion of Rav Huna, son of Rav Yehoshua: Come and hear that which was taught in a baraita: If a caravan camped in a field, and the travelers surrounded their camp with camels that were made to crouch down, or with their saddles,