Shabbat 11

Chapter 11

א הַזּוֹרֵק מֵרְשׁוּת הַיָּחִיד לִרְשׁוּת הָרַבִּים, מֵרְשׁוּת הָרַבִּים לִרְשׁוּת הַיָּחִיד, חַיָּב. מֵרְשׁוּת הַיָּחִיד לִרְשׁוּת הַיָּחִיד וּרְשׁוּת הָרַבִּים בָּאֶמְצַע, רַבִּי עֲקִיבָא מְחַיֵּב, וַחֲכָמִים פּוֹטְרִין:
1  If one throws (an object) from the private domain [reshuth hayachid] to the public domain [reshuth harabim] or from the public domain to the private domain, he is liable. [The private domain is a place surrounded by four walls ten cubits high, with a space between them of four by four cubits or more, even several miles, as in the instance of a district surrounded by a wall, with its doors closed at night. And alleyways with three walls, and a lechi (a symbolic enclosure) on the fourth side; a mound ten cubits high and four wide; a hole, ten deep and four wide; and even vessels, such as ships and wooden towers and the like — if they are four by four and ten in height, they are all a private domain. And the atmosphere of a private domain is (regarded as) a private domain, until the heavens. And the thickness of the walls of a private domain is regarded as that domain. And a public domain — marketplaces, thoroughfares, deserts and the roads leading to them, this, on condition that the road be sixteen cubits wide, unroofed, and (in the view of some) that six hundred thousand cross it everyday, as in the instance of the flags of the desert. And the atmosphere of the public domain is regarded as that domain only up to a height of ten cubits. Above that in the public domain it is regarded as makom p'tur ("a place of exemption"). And a place lacking four by four, higher than three cubits is a makom p'tur. Even thorns, thistles, and dung in a public domain, higher than three and lacking four by four is a makom p'tur. Likewise, a place surrounded by walls and lacking four by four, or a hole lacking four by four, from a depth of three cubits until the tehom (the interior of the earth) is a makom p'tur. And a place surrounded by four walls from three to ten cubits high, four by four or more in width, or a mound which is four by four or more, from three to ten cubits high, or a hole four by four, from three to ten cubits deep, or a mavui (an alleyway) closed off on three sides and lacking a lechi or a beam on the third side, and the sea and a valley — all of these are a "karmelith"; that is, "kemo almanah" ("like a widow"), neither a virgin nor married. Similarly, this domain is neither private nor public. And the atmosphere of a karmelith is regarded as the karmelith until a height of ten, beyond which it is a makom p'tur. If one takes something out from a private domain to a public domain or brings something in from a public domain to a private domain, he is liable for a sin-offering. From a private domain to a karmelith or from a public domain to a karmelith or from a karmelith to either, he is exempt but it is forbidden. From a private domain or from a public domain to a makom p'tur or from a makom p'tur to either, it is permitted ab initio, and, it goes without saying that it is permitted from a karmelith to a makom p'tur or from a makom p'tur to a karmelith. And if one carries from the beginning of four cubits to the end in a public domain he is liable for a sin-offering. In a karmelith, he is exempt but it is forbidden. In a private domain and in a makom p'tur, it is permitted ab initio to move and carry objects in the entire domain, even if it were several miles.] (If one throws) from one private domain to another with a public domain intervening, R. Akiva rules "liable," [holding that when the object passed through the atmosphere of the public domain within ten cubits (from the ground) it is as if it landed there.], and the sages rule "not liable." [They hold that when the object is "caught" within ten cubits (from the ground) in the atmosphere of the public domain it is not as if it has landed there. But above ten, which is a makom p'tur, all agree that he is not liable. The halachah is in accordance with the sages.]
ב כֵּיצַד. שְׁתֵּי גְזֻזְטְרָאוֹת זוֹ כְנֶגֶד זוֹ בִרְשׁוּת הָרַבִּים, הַמּוֹשִׁיט וְהַזּוֹרֵק מִזּוֹ לָזוֹ, פָּטוּר. הָיוּ שְׁתֵּיהֶן בִּדְיוֹטָא אַחַת, הַמּוֹשִׁיט חַיָּב, וְהַזּוֹרֵק פָּטוּר, שֶׁכָּךְ הָיְתָה עֲבוֹדַת הַלְוִיִּם, שְׁתֵּי עֲגָלוֹת זוֹ אַחַר זוֹ בִּרְשׁוּת הָרַבִּים, מוֹשִׁיטִין הַקְּרָשִׁים מִזּוֹ לָזוֹ, אֲבָל לֹא זוֹרְקִין. חֻלְיַת הַבּוֹר וְהַסֶּלַע שֶׁהֵן גְּבוֹהִין עֲשָׂרָה וְרָחְבָּן אַרְבָּעָה, הַנּוֹטֵל מֵהֶן וְהַנּוֹתֵן עַל גַּבָּן, חַיָּב, פָּחוֹת מִכֵּן, פָּטוּר:
2  How so? [The rabbis say this.] Two gezuztraoth [boards projecting from the upper wall outwards over the public domain. The gezuztraoth themselves are private domains. And when they are one opposite the other on either side of the public domain, one who hands and throws from one to the other is exempt, for we do not find throwing and handing in the work of the sanctuary from one private domain to another with a public domain intervening.] (two gezuztraoth) one opposite the other in the public domain — if one hands or throws from one to the other, he is not liable. If they were both on one level [along the length of the public domain, the public domain intervening], the hander is liable and the thrower is not, [since he is higher than ten cubits, and we do not find throwing from one private domain to another via a public domain in the sanctuary. The hander, however, is liable, even though he hands (over the object) above ten cubits. For we find such "handing" in the sanctuary, from one private domain to another with a public domain intervening.] For thus was the work of the Levites. [They would hand from one to the other above ten cubits with a public domain intervening. How so?] Two wagons, one after the other in the public domain, and [those who took apart the tabernacle] would hand from one to the other. [They would hand to those on the wagons closest them, and they, in turn, would hand to those before them; and each of the wagons was a private domain.]; but they would not throw, [the boards not being thrown because of their weight.] The chuliah of the hole [the sand dug out of the hole. They would place it around the hole as a kind of encircling wall. We are here apprised that the hole and its chuliah combine to ten. We are taught "hole" for depth, and "rock" for height], and the rock, which are ten high and four wide — if one takes (something) from them [and places it in the public domain], or if one [takes something from the public domain and] places it on them, he is liable. If it is less than that, he is exempt.
ג הַזּוֹרֵק אַרְבַּע אַמּוֹת בַּכֹּתֶל, לְמַעְלָה מֵעֲשָׂרָה טְפָחִים, כְּזוֹרֵק בָּאֲוִיר, לְמַטָּה מֵעֲשָׂרָה טְפָחִים, כְּזוֹרֵק בָּאָרֶץ. הַזּוֹרֵק בָּאָרֶץ אַרְבַּע אַמּוֹת, חַיָּב. זָרַק לְתוֹךְ אַרְבַּע אַמּוֹת וְנִתְגַּלְגֵּל חוּץ לְאַרְבַּע אַמּוֹת, פָּטוּר. חוּץ לְאַרְבַּע אַמּוֹת, וְנִתְגַּלְגֵּל לְתוֹךְ אַרְבַּע אַמּוֹת, חַיָּב:
3  If one throws (something) four cubits at a wall [from the beginning of four cubits to the end, and it landed on a wall abutting the public domain] — above ten cubits, it is as if he throws it in the air. [e.g., if it were a fig-cake and it stuck to the wall above ten cubits in the atmosphere of the public domain, he is not liable, for anything higher than ten cubits in the public domain is a makom p'tur.]; below ten cubits, it is as if he throws it on the ground [from the beginning of four to the end of four in the public domain. He is liable even if there are only four cubits exactly from the place of the picking up of the object to the wall. We do not say that the thickness of the fig-cake detracts from the four cubits so that "from the beginning of four to the end of four" does not obtain; for since he does not cancel the fig-cake to the wall, nothing is detracted by its thickness.] If he throws it four cubits on the ground, he is liable. If he threw it inside four cubits, and it rolled outside, he is exempt, [for he did not intend a throwing of liability]. (If he threw it) outside four cubits and it rolled inside, he is liable; [that is, when it rested somewhat outside four cubits before rolling back.]
ד הַזּוֹרֵק בַּיָּם אַרְבַּע אַמּוֹת, פָּטוּר. אִם הָיָה רְקָק מַיִם וּרְשׁוּת הָרַבִּים מְהַלֶּכֶת בּוֹ, הַזּוֹרֵק לְתוֹכוֹ אַרְבַּע אַמּוֹת, חַיָּב. וְכַמָּה הוּא רְקָק מַיִם, פָּחוֹת מֵעֲשָׂרָה טְפָחִים. רְקָק מַיִם וּרְשׁוּת הָרַבִּים מְהַלֶּכֶת בּוֹ, הַזּוֹרֵק בְּתוֹכוֹ אַרְבַּע אַמּוֹת, חַיָּב:
4  If one throws (something) four cubits [from the beginning of four to the end of four] on the sea, he is not liable, [for it is a karmelith]. If there is a rekak [a miry, clayey collection] of water [not high above the ground] in the midst of a public thoroughfare — if someone throws four cubits within it, he is liable. And how much is a rekak of water? [How deep must it be to be a public domain and not a karmelith]? Less than ten cubits. A rekak of water in the midst of a public thoroughfare — if someone throws four cubits within it, he is liable. [The tanna repeats it to apprise us that even if the rekak were four wide, since it is less than ten deep, it is regarded as the public domain. And he also repeats "in the midst of a public thoroughfare" to apprise us that even if many walk through it only under constraint, walking under constraint is called "walking."]
ה הַזּוֹרֵק מִן הַיָּם לַיַּבָּשָׁה וּמִן הַיַּבָּשָׁה לַיָּם, וּמִן הַיָּם לַסְּפִינָה וּמִן הַסְּפִינָה לַיָּם, וּמִן הַסְּפִינָה לַחֲבֶרְתָּהּ, פָּטוּר. סְפִינוֹת קְשׁוּרוֹת זוֹ בָזוֹ, מְטַלְטְלִין מִזּוֹ לָזוֹ. אִם אֵינָן קְשׁוּרוֹת, אַף עַל פִּי שֶׁמֻּקָּפוֹת, אֵין מְטַלְטְלִין מִזּוֹ לָזוֹ:
5  If one throws from the sea to the shore [from a karmelith to a public domain]; from the shore to the sea; from the sea to a ship [from a karmelith to a private domain]; from one ship to another, he is exempt. If ships are tied to one another, it is permitted to move things from one to the other. [If they belong to two different persons, it is permitted to move things from one to the other by means of an eiruv, in that they are like two courtyards.] If they are not tied, even if they are mukafoth [adjoining, as in (Chullin 46b): "ein makifin bebuei"], it is not permitted to move things from one to the other. [For if they become separated, a karmelith intervenes and the eiruv is voided.]
ו הַזּוֹרֵק וְנִזְכַּר לְאַחַר שֶׁיָּצְתָה מִיָּדוֹ, קְלָטָהּ אַחֵר, קְלָטָהּ כֶּלֶב, אוֹ שֶׁנִּשְׂרְפָה, פָּטוּר. זָרַק לַעֲשׂוֹת חַבּוּרָה, בֵּין בְּאָדָם בֵּין בִּבְהֵמָה, וְנִזְכַּר עַד שֶׁלֹּא נַעֲשָׂה חַבּוּרָה, פָּטוּר. זֶה הַכְּלָל, כָּל חַיָּבֵי חַטָּאוֹת אֵינָן חַיָּבִין עַד שֶׁתְּהֵא תְחִלָּתָן וְסוֹפָן שְׁגָגָה. תְּחִלָּתָן שְׁגָגָה וְסוֹפָן זָדוֹן, תְּחִלָּתָן זָדוֹן וְסוֹפָן שְׁגָגָה, פְּטוּרִין, עַד שֶׁתְּהֵא תְחִלָּתָן וְסוֹפָן שְׁגָגָה:
6  If one throws and remembered after it left his hand — if another caught it, if a dog caught it, or if it were burned, he is not liable. [If he throws a stone on Shabbath unwittingly and remembers that it is Shabbath after it leaves his hand, before it comes to rest — even if another did not catch it, but it landed normally, he is not liable. For thus is it taught at the end: "until the beginning and the end be unwitting"; but in this instance, the beginning was unwitting and the end witting, since he remembered that it was Shabbath before it landed. The Mishnah is to be understood thus: "If one throws, and he remembered after it left his hand; or else, if he did not remember, but another caught it … he is not liable, for two who perform (one labor) are not liable. But if it landed, he is liable. When is this so? If he forgot again. But if he did not forget again, he is not liable, for all who are liable, etc."] If he threw it to cause a wound, whether in a man or in a beast, and he remembered before the wound was caused, he is not liable. This is the rule [(also including one who carries something from place to place. If he picks it up unwittingly and remembers that it is Shabbath before he puts it down, he is not liable)]: all who are liable for a sin-offering are not liable until the beginning and the end be unwitting. If the beginning were unwitting and the end witting, or the beginning witting and the end unwitting, they are not liable — until the beginning and the end be unwitting.