Perek Kol Gagos

1)

(a)Under what condition does Rebbi Meir permit carrying from one roof-top to another?

(b)Why does the ownership of the one not disturb the other owner from carrying?

(c)What do the Rabanan hold, and what is their reason?

(d)Rebbi Shimon is the most lenient of all. What does he say?

1)

(a)Rebbi Meir permits carrying from one roof-top to another - provided the one is not ten Tefachim taller than the other.

(b)The ownership of the one does not disturb the other owner from carrying from one roof-top to the other - because people do not tend to use the roofs that much.

(c)The Rabbanan hold - that each roof-top is a separate Reshus, so that, unless they make an Eruv, each one forbids the other one from carrying.

(d)According to Rebbi Shimon - roofs, courtyards and enclosures are all considered to be one Reshus for vessels that rested in the courtyard, though not for vessels that rested in the house.

2)

(a)One needs an Eruv to carry from one's house to the Chatzer, according to Rebbi Shimon. Why would one need an Eruv to carry from one courtyard to another?

(b)Seeing as, according to Rebbi Meir, private ownership does not forbid to carry on roof-tops, why does he forbid carrying from one roof to another which is ten Tefachim higher than it?

2)

(a)According to Rebbi Shimon - an Eruv combining the Chatzeros is necessary for vessels that were carried from the house to the Chatzer (by means of an Eruv Chatzeros).

(b)Rebbi Meir forbids carrying from one roof to another which is ten Tefachim higher than it - because of the similarity to a pile in the Reshus ha'Rabim, for which he decrees every similar case (even a ten Tefachim tall pillar in the Reshus ha'Yachid).

3)

(a)What does Rebbi Meir hold (with regard to the previous Halachah) about placing something on to a mortar, a mill or a barrel in the Reshus ha'Yachid - or the Reshus ha'Rabim - that is ten Tefachim tall?

(b)Rebbi Meir permits carrying even from one Chatzer to another. How does one do this if not via an adjoining wall?

3)

(a)Rebbi Meir's decree is confined to a pile, a mound and a pillar, to things that are permanently fixed there - but not to things like a mortar, a mill or a barrel, which are not.

(b)It is possible to carry from one Chatzer to another via a Pesach (but it is not permitted via the wall of the Chatzer).

4)

(a)Rav restricts carrying on the roof (according to the Chachamim, who consider each roof a separate Reshus) to four Amos. Why is that?

(b)What does Shmuel say?

(c)In which case do they argue? How are the neighboring roofs situated? Why must we learn like that?

(d)How will Rav explain our Mishnah: 'va'Chachamim Omrim, Kol Echad v'Echad Reshus l'Atzmo', implying that they are permitted to carry on the entire roof - even if it is more than four Amos?

4)

(a)Rav restricts carrying on the roof (according to the Chachamim) to four Amos - because, since each roof is considered a separate Reshus, we apply the principle that when one Reshus opens completely into another, the one forbids the other to carry.

(b)Shmuel permits carrying even more than four Amos from one to the other.

(c)The Machlokes Rav and Shmuel speaks when the roofs are close together, in such a way that one cannot see the division between the walls. Otherwise (if the divisions between the houses are clearly visible), even Rav will agree that we say 'Gud Asik Mechitzasah', and this will serve to divide all the roofs. (Note: Shmuel holds 'Gud Asik Mechitzasah even through the roof) See also note in 5b.

(d)Rav will learn our Mishnah ('va'Chachamim Omrim, Kol Echad v'Echad Reshus l'Atzmo') - not to permit carrying on the entire roof, but to forbid carrying from one roof to the other, even if it is less than four Tefachim.

89b----------------------------------------89b

5)

(a)Abaye countered Rav Yosef's claim that he was unaware of Shmuel's statement (regarding 'Gud Aseik Mechitzasah') with a statement that he himself had made, quoting Rav Yehudah who was quoting Shmuel: Shmuel said, with regard to the Mishnah (on 92a) 'Gag Gadol, Samuch l'Katan, ha'Gadol Mutar, veha'Katan Asur'. What did Shmuel comment here that connects with his previous comment?

(b)How do we know that the adjoining wall there is one that cannot be seen?

(c)Rav Yosef however, insisted that he had not heard of Shmuel's big Chidush, and that was not what he had said. What did he really say?

(d)How did Rav Yosef amend this when Abaye in turn, insisted that he had taught them something about 'Diyurin'?

5)

(a)Shmuel comments on the Mishnah 'Gag Gadol, Samuch l'Katan, ha'Gadol Mutar, veha'Katan Asur' - 'Lo Shanu Ela she'Yesh Diyurin al Zeh, v'Diyurin al Zeh, d'Havya Lah Ha d'Katan Mechitzah Nidreses, Aval Ein Diyurin al Zeh v'Al Zeh, Sheneihem Mutarin' (because of 'Gud Asik Mechatzasah').

(b)If the walls of the houses concerned were not very close, people would not walk across from one to the other, and Shmuel would not have called it 'a Mechitzah Nidreses'. (Note: It seems from here, that the walls have to be well apart before the break between the walls is called visible, and Rav will agree that we say 'Gud Asik Mechitzasah' - though it is unclear as to why this should be so).

(c)What Rav Yosef claimed to have taught his Talmidim was 'Lo Shanu Ela she'Yesh Mechitzah al Zeh, u'Mechitzah al Zeh, d'Gadol Mishteri b'Gifufi, v'Katan Nifratz b'Milu'o, Aval Ein Mechitzah Lo al Zeh v'Lo al Zeh, Sheneihem Asurim'.

(d)When Abaye insisted that he had taught them something about 'Diyurin' - he amended that to 'Lo Shanu Ela she'Yesh Mechitzah Re'uyah le'Dirah al Zeh, u'Mechitzah Mechitzah Re'uyah le'Dirah al Zeh, d'Gadol Mishteri b'Gifufi, v'Katan Nifratz b'Milu'o, Aval Yesh Mechitzah Re'uyah al ha'Gadol v'Ein Re'uyah le'Dirah al ha'Katan, Sheneihem Asurim'. 'Mechitzah Re'uyah means a Mechitzah that is firmly fixed and is there to stay.

6)

(a)What did Rav Nachman say regarding placing a fixed ladder that tallies with Rav Yosef's previous statement ?

6)

(a)Rav Nachman said that if one made a fixed ladder to one's roof, he is permitted to carry on all the roofs (because he has revealed his mind that he is making a Chazakah on their property, whereas the others, who did nothing about it, have demonstrated by their silence that they have conceded their rights to him. The need for the ladder to be fixed is similar to the Svara of Rav Yosef with regard to the wall of the roof.

7)

(a)What does Abaye say about someone who builds another floor on his roof, with a Dakah of four Tefachim leading to the next roof, and why is that?

(b)How might the Dakah have the opposite effect of forbidding him to use the other roofs - even according to Rebbi Meir?

7)

(a)Abaye says that someone who builds another floor on his roof, with a Dakah of four Tefachim leading to the next roof is permitted to carry on all the roofs, for exactly the same reason as Rav Nachman permitted this by a fixed ladder.

(b)If he were to build a Dakah on the opposite side of his roof, facing his garden, then he would be forbidden to carry on all the roofs - because it is clear that he built it in order to keep an eye on his garden, and had withdrawn from the series of roofs (even according to Rebbi Meir, who normally considers all the roofs as one).

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