Sunday, March 15, 2020

Fliping out TB Shabbat 8

Saturday’s daf TB Shabbat 8 analyzes several different cases whether or not a person has violated the prohibition of hotzaah. I know that the Talmud likes to discuss theoretical cases, but I like to believe that most of the time they are grounded in reality. Although I understand the Gemara cases, I just don’t understand why a person would actually do such an action. For example:

“Ulla said: A pillar that is nine handbreadths high, standing in the public domain, and many people adjust the burden on their shoulders upon it, and one threw an object from the private domain and it rested atop the pillar, he is liable. What is the reason for this? It is based on this principle: Anything protruding from the public domain: If it is less than three handbreadths off the ground, and the multitudes step on it, it is considered to be part of the ground. If it is from three to nine handbreadths, they, the multitudes, neither step on it nor adjust the burden on their shoulders on it, and it is not considered part of the public domain. However, a protrusion nine handbreadths high, certainly the multitudes adjust the burden on their shoulders on it. Since the multitudes utilize it, it is considered a public domain, despite its height.”


Why would anybody throw something from a private domain on top of a pillar in a public domain? Beats me. I am happy to hear all solutions why a person would do that.


The one case that makes absolute sense concerns turning an object side over side. Sometimes an object is so heavy one can’t pick it up nor the shape doesn’t allow it to be rolled.


“Somewhat related to the case of the barrel discussed earlier which was a case of moving an object without liability, the Gemara cites that Rav Yehuda said: That bundle of reeds that he stood upright and threw down, stood upright and threw down repeatedly, he is not liable for carrying it four cubits in the public domain until he lifts it off the ground. As long as he did not lift it from the ground, even though he moved it a long way, he did not perform the acts of lifting and placing which are prohibited by Torah law, as at least one part of the bundle always remained on the ground.” (Sefria.org translation)

Dragging an object 4 amot would still be prohibited. By dragging the object, the entire object was moved all at once and that would qualify as akira. See TB Ketubot 31a. In our case, one side of the object always remained in place while it was flipped.

No comments:

Post a Comment