Tuesday, January 10, 2006

Rif Eruvin 32b {Eruvin 98b continues ... 99b}


{Eruvin 98b continues}
This ledge is one which projects into the public domain higher than ten handbreadths, for we have established that the public domain only extends up to ten handbreadths, but higher than ten handbreadths is a mekom petur {exempt location}. Therefore we may place upon it and take from it on Shabbat, for since it is next to a private domain, it is like a private domain. However, we may only place upon it and take from it breakable vessels, such as cups and plates and the like, which if they fell to the public domain would break, such that they will not come to carry it {back into the house}. However, nonbreakable vessels are forbidden, for we fear lest they fall and he come to bring them from the public domain into the private domain.

{Eruvin 99a}
"And similarly he should not spit":
Rav Yosef said: If he urinated or spat accidentally, he is liable to a sin-offering, even though he did not uproot from a place of four {handbreadths}.
For Rava said: If he threw before a dog or before a furnace, he is liable. Thus his thoughts render it a place.
Here as well, his thoughts render it a place.
And these words are according to Rabbi Yehuda who says that a labor which is not needed for itself {melacha sheAina tzricha legufa} he is liable for it, such as one who takes out a corpse on a bed, but according to Rabbi Shimon, he is exempt, for spittle, one has no benefit from it once he has spat.

Rabbi Shimon ben Lakish said: One who coughs up phlegm before his teacher is {as if} liable to death, for it is stated {Mishlei 8:36}:

לו וְחֹטְאִי, חֹמֵס נַפְשׁוֹ; כָּל-מְשַׂנְאַי, אָהֲבוּ מָוֶת. 36 But he that misseth me wrongeth his own soul; all they that hate me love death.'
Read not mesan`ai {those who hate me} but rather masni`ai {those who cause others to hate me}.
But one who coughs up phlegm is acting under compulsion {ones}?! We mean that he coughs out phlegm and spits it out.

A man may not stand in the private domain and drink in the public domain, in the public domain and drink in the private domain, unless he puts his head and most of him into the place where he drinks.
Similarly, in the case of a vat.
{Eruvin 99b}
A man may catch from the gutter below ten handbreadths and from the upper spout - he may drink in any manner.

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