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Week 6 - Friday - 7 Jan. 2000

SHABBAT: CHAPTER 11: MISHNA 4

If one throws four amot into the sea, he is exempt. If there was a shallow pool and the public domain goes into it, one who throws into it four amot is liable. And how much is a shallow pool? Less than ten tefahs. A shallow pool and the public domain goes into it, one who throws into it four amot is liable.

Kehati

If one throws four amot into the sea - on Shabbat, he is exempt - for the sea is a karmelit, and all the prohibitions of carrying, moving, and throwing in a karmelit are of Rabbinic origin (see the Introduction to the Tractate). If there was a shallow pool - a trampled-down place, which is passable on foot, and the public domain goes into it - the shallow pool is located in the public domain and many people cross through it, one who throws into it four amot is liable - for it has the legal status of the public domain. And how much is a shallow pool - what depth is required for the above law to apply? If its depth is less than ten tefahs, it has the legal status of the public domain, but if it is ten or more tefahs deep, then it is a karmelit, and the person who throws into it is exempt.

A shallow pool and the public domain goes into it, one who throws into it four amot is liable - the Gemara explains that the last section of the mishnah repeats the law which was taught in the first section of the mishnah in order to teach two laws: (1) any shallow pool which is not ten tefahs deep, even if it is four tefahs wide (for in such a case there are many people who will not trouble themselves to cross through it but will go around it), nevertheless has the legal status of the public domain; (2) a shallow pool that “the public domain goes into it,” even though many people do not walk in it unless compelled to do so, nevertheless has the legal status of the public domain. Note that walking across with difficulty is considered to be “walking across”; but use with difficulty is not considered to be “use.” Therefore, a column that is exactly nine tefahs high, and four wide, since many people shoulder things from it (i.e., they place the load on it in order to set it on their shoulder), and it is convenient to use, has the legal status of the public domain. A hole in the public domain, however, that is four tefahs wide and nine deep, even though it is fit for burying things in it, does not have the legal status of the public domain, but rather of a karmelit, because it is not convenient to use it (for this would entail considerable bending over).

SHABBAT: CHAPTER 11: MISHNA 5

If one throws from the sea to the dry land or from the dry land to the sea, or from the sea to a ship or from a ship to the sea, and from one ship to another he is exempt. Ships tied to one another, one may move an object from one to the other. If they are not tied, even

though they are close, one may not move objects from this one to that one.

Kehati

If one throws - on Shabbat, from the sea to the dry land - i.e., from a karmelit to the public domain, or from the dry land to the sea - from the public domain to a karmelit, or from the sea to ship - i.e., from a private domain to a karmelit, and from one shipto another - with the sea separating them, i..e., he throws from a private domain to another privatedomain with a karmalit between them, he is exempt - for the reason explained above , that the prohibitiona against carrying in karmalit are of Rabbinic origin, which were enacted lest it be confused with the public domain, because a karmelit resembles the public domain. Ships tied to one another - which are close to each other, which are close to each other, without the sea separating them, one may move an object from one to the other - the Gemara explains that this mishnah refers to ships belonging to different owners. The mishnah teaches that it is permitted to ove objects from one ship to te other by means of eruv hatzerot. But if they are not tied - to one and other, even though they are close - to each other, one may not move objects from this one to that one - lest the ships separate and the sea lies between them, for then the eruv is not effective. It is prohibited, by Rabinic law, to move an object from one private domain to another private domain through a karmalit, and an eruv hatzerot is not effective in such a case.

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