Талмуд к Эруви ́н 10:5

Rebbi Eleazar said, the Mishnah speaks of a roof with a parapet when it descended lower than the parapet⁴⁸The Mishnah in which the bill of divorce is considered as delivered if it arrived at the wife’s roof must consider a roof shielded from the wind by a parapet (which by biblical standard must be at least 10 handbreadths high; Deut. 22:8)., or one without a parapet when it descended lower than within three handbreadths of the roof, since anything within three handbreadths of the roof is as if it were part of the roof⁴⁹Any opening which is less than 3 handbreadths wide can be disregarded. [In the terminology of the Babli, this is called לְבוּד “glued (to the wall or the ground)”, Šabbat 97a, Erubin 16b.] This explanation is also quoted in Erubin 10 (26b 1. 39).. Rebbi Jacob bar Aḥa, Rebbi Abba bar Hamnuna in the name of Rav Ada bar Aḥawa: This refers to the rules of the Sabbath, where anything within three handbreadths of a partition is considered part of the partition⁵⁰It is forbidden on the Sabbath to move anything from a private (enclosed) domain to the public domain. The corresponding rules have nothing to do with property rights.. Rebbi Yasa said, they are not comparable, for bills of divorce are about the top, the rules of the Sabbath about the below⁵¹The bill of divorce is delivered as soon as it enters the roof space defined by the parapet from the top; the rules of “gluing” a hanging wall to the ground refer to the three handbreadths closest to the ground.. For bills of divorce even if it never came to rest⁵²As the Mishnah explains, even if the bill was burned in a fire on the top, the delivery is valid., for the Sabbath only if it rested⁵³In the rules of the Sabbath, moving an object has three stages: Lifting the object from a state of rest, transporting it from one domain to another, and depositing it (Mishnah Šabbat 1:1). If any of the three stages is missing, the biblical law was not violated. Therefore, if a document was moved from one domain to another (as from the husband’s courtyard to the wife’s roof) and burned while still flying, it was delivered as a bill of divorce but not moved by the laws of the Sabbath. (Cf. Kilaim 1:9, Note 188).. Rebbi Immi in the name of Rebbi Joḥanan: Only if it descended to within the partitions⁵⁴This refers to the last sentence in the Mishnah. If the husband throws the bill from his roof to her courtyard, it is possible to say that the bill was delivered the moment it cleared the roof only if the walls of the wife’s courtyard are higher than the husband’s roof. Otherwise it would be delivered only if the bill fell below the level of the courtyard walls. (The same argument is quoted in Samuel’s name in the Babli, 79a.). Rebbi Immi asked before Rebbi Joḥanan: Does the Mishnah follow Rebbi, since Rebbi considers partitions as solidly filled up⁵⁵Rebbi considers it a violation of the Sabbath if the object was brought within the walls of the domain for which it was intended; he does not require it actually to come to rest (Šabbat 1:1 2c 1. 63, 11:1 12c 1. 59; Babli 4a, 5a, Giṭṭin 79a).? He said to him, here in the matter of bills of divorce it is everybody’s opinion⁵⁶The Babli agrees, 79a, that the delivery of bills of divorce is governed by the rules of property rights, not those of the Sabbath.. Could one not object that Rebbi said, if it is roofed? And you say, it is not roofed?⁵⁷This refers to Mishnah and Halakhah Šabbat 11:1: “If somebody throws an object from a private domain to the public domain or from the public domain to a private domain, he is guilty. From a private to a private domain across the public domain, R. Aqiba declares him guilty but the Sages declare him not prosecutable.” It is then explained that throwing from the public to a private domain is prosecutable only if the object came to rest. On that it is noted that Rebbi does not require it to come to rest (only to be received within the walls), but R. Abba bar Huna in the name of Rav said that “Rebbi did only find him guilty if the private domain was roofed.” It is noted there that R. Joḥanan objected to the latter statement, which explains that no answer is given to the question raised. What is the difference between bills of divorce and the Sabbath? Rebbi Abba said, about the Sabbath it is written: “You shall not do any work;” it may make itself automatically⁵⁸As long as it was not intended that the object should come to rest by the force of the thrower (but it was moved along by some mechanical contraption not directly controlled by the thrower), no violation of the Sabbath occured. But for delivery of a bill of divorce, it is the fact of delivery rather than its mode which counts.. But here “he shall deliver into her hand,” into her domain.