Shabbos 6b: Two Mechitzos, Reshus HaRabim, and the Status of the Midbar

Transcript

Hachi, nisnibu tosefta perek zayin. Kacha lamadnu b'tosefta perek zayin: d'eiruv echad chalon shebein beis chatzeiros, v'echad chalon shebein shnei batim, u'ksharim u'mefushachim, u'kurah metaltelin tachtav b'Shabbos, divrei רבי יהודה. The case: echad chalon shebein beis chatzeiros, v'echad chalon shebein shnei batim, u'ksharim u'mefushachim. These are all cases where it's covered. It's covered on two sides, right? The pashut, people. The pashut, I think, is a cover. It's a monument. Yesh is a bridge. Okay, okay. The pashut, monument. Chalon is a bridge. I understand. How does it go? The bridge is... it's a hole. It's a hole. Yes, I'm saying, so that's the reason, because it has two walls and it's mefulash. Yes, so the walls are there. It's called wall. I didn't do it more than what it said. If it's walls, it's mefulash. Check. Now, yatza kein amar רבי יהודה, פירוש, yatza kein בשני בתים, שני פירושות הרבים. דאף על גב דלא קרינן ביה פיתחי יורד וסותם, כמו בשרים. Even though by sharim we can always say pitikra yored v'sosem, so therefore the— No, even though by the batim you can't say pitikra, like by sharim, by sharim you do say pitikra, kemo biksharim. Here you can't say ptikra and afo pikaneh is good. Yep. It says, the Gemara says, Tosafos, I would like to make ptikra ... k'moi b'ksharim ... d'reisha, afilu hachi naiser, naiser b'emtza. Why? Because Rabbi Yehuda ... d'reisha and peirakim, gargois. Okay. So the kitzur, this is the same place somewhere else. That's all Tosafos is trying to bring out, that Rabbi Yehuda says the same thing somewhere else. So then he asks a kasha from teima: if so, amai lo maisi hachi masnisin d'chal gargois, d'kani hasam, oid Rabbi Yehuda, me'arvin l'mavi? I'm a foolish. I have a Mishnah, so why do you have to bring a braisa? Tosafos answers: v'yesh lomar, d'masnisin ika l'frushei d'ma'arvin b'tzuras hapetach. The case of the Mishnah is me'arvin b'tzuras hapetach, but chal gargois l'chitzah d'oraisa, because you have another mechitzah. Tzuras hapetach becomes a mechitzah. But it's enough with the tzuras hapetach. You can't bring the Mishnah because the Mishnah is talking about ... See, let me tell you what it is. The Gemara is like this: there's Mishnah, eruvin, that all ארבע רשויות, clearly all you need is two walls. So why did the Gemara say from the Mishnah? If you can ask from a Mishnah, you can ask from a braisa; better to ask from a Mishnah. So why does our Gemara ask from a braisa? Says the Gemara, because the Mishnah over there is different. Because the Mishnah over there, we could say it's with a tzuras hapetach. That was a lechi and a korah, but with a tzuras hapetach. And tzuras hapetach has a din of a wall. And here we're talking about with a lechi and a korah. ... Lechi and a korah do not have—it's a heker. You see, look, it's a heker. So therefore he brings Rabbi Yehuda to say even two is enough. Over there we would say it's, we know, right, because it's three with the tzuras hapetach. Mashenkein over here, since it's with a lechi and a korah only, so we have a good raayah that Rabbi Yehuda holds. The review the walls that you can make with two walls already is good enough. So the Mishnah wouldn't teach me anything. For כאן, we want, right, more of a chiddush from the braisa. Where's the notes? Where's the papers? My papers are gone. I get it. My originals? Yeah. Or we can say different teretz. Havah amina de'machlisan ayri b'mavi hamefulash l'reshus harabim. Our Mishnah, the Mishnah is talking about mavoi hamefulash l'reshus harabim, aval ein reshus harabim overes b'socho. But the reshus harabim isn't over in front. V'hachi ka'ma: אפילו רשות הרבים גמורה עוברת בו, מטלטלין ד' אמות לקורא משום דשתי מחיצות דאורייתא. At that Mishnah over there, can we talk about—there is no reshus harabim overes. Over here, can we talk about reshus harabim overes, and still two mechitzos are good. And that's why we bring this braisa, because it's a bigger chiddush. Okay? You with me? Very simple. Mishnah in—

In eruv, it says the same thing as our Gemara. Same thing, same thing. The question is, why would the Gemara bring a braisa instead of a Mishnah? So Tosafos has two tirutzim. The first teretz is that over there it could be talking about the tzuras ha-pesach. Tzuras ha-pesach—you know what tzuras ha-pesach is? When they make it looking like a door. The door has halacha of a mechitzah, just with a mechitzah with a door, but it's a mechitzah. Therefore, you have no proof from Eruvin that Rabbi Yehuda holds two walls. Maybe you need three walls, and a tzuras ha-pesach becomes a wall. Here, though, he used the word lechi v'kora. Lechi v'kora is not a wall, and therefore we have a proof that Rabbi Yehuda holds tzuras ha-pesach means it's a real wall. It's a wall because it has tzurah of a pesach, of a door, which means the opening becomes a door. You're allowed to have a door in a wall. You have a house. Right, I'll give you an example. Yeah, but it's made in the form of a door. There's some on this side, some on this side. So let me ask you: you have a house. Does your house have four walls? Four walls, right? You have windows, and then you have five windows and then a door. So you come and say you have a house with three walls? Four walls, and a pshat is the wall has to have a window and the wall can have a door. Door. ... Tzuras ha-pesach יש לו שם מחיצה. In Hilchos Eruvin, tzuras ha-pesach. I mean, I'll give you the biggest proof. You know, you have a sukkah. You make a door, it's good enough. You know, what you do is you make a little bit on both sides, and that becomes a wall. That becomes a wall. Three walls and this. It's a big opening. It's a pesach, so it's a pesach, yes? Meila says the Gemara, Tosafos, that it's no proof from Eruvin, rather from here. And Tosafos is a very tricky chiddush, which here I want to show you, Ramoisha and a lot of Acharonim discuss what Tosafos means. And Tosafos is a new teretz, that over there, Eruvin, it's not reshus harabim veres bo, masha'enkin over here, it's some reshus harabim oy deres bo. So Ramoisha, in the dibbur Moshe, why didn't he tell you where it says? Harar lamed aleph, I'll show you where. Harar lamed aleph, he learns that Tosafos means to say that we can learn that over there is a karmelis. And chanami, it's a case where there's no reshus harabim veres bo, so it has the shem karmelis. See the... no? ... over here. Yes, Ramoisha. Right, so Ramoisha says here it's talking about a karmelis. So he says Tosafos means. ... but Tosafos is trying to say is that maybe, maybe over there the reason why it's more distant is like a karmelis. In Eruvin, in Eruvin it has a shem karmelis, and since it has a shem karmelis, therefore lechi v'korah is good enough. Masha'enkin over here, where it's not a karmelis, therefore lechi v'korah is not good enough. Komashmalan it is, so we see all you need is two mechitzos. So he's learning that that's karmelis and not karmelis. The difference in Tosafos is, says Ramoisha, karmelis and not karmelis. Right, that's how he learns the case. No, no, the case over there is karmelis. That's how he learns Tosafos. Over there in Eruvin we can stick in that the Gemara didn't ever meant reshus harabim, but rather the Gemara meant karmelis. The boy said the emes is, Tosafos says, right? The Gemara doesn't say. The Gemara says it's a shitas Rabbeinu. Tosafos says it's a shitas Rabbeinu, but he uses the loshon, the shitas Rabbeinu, that they're yevares and they're what? Not yevares, right? That's what the Gemara. Why? So let's Tosafos say karboles. רבי Moshe say he meant karboles. That's what he meant to say, that the fact that it's not a shitas Rabbeinu yevares, therefore it means karboles, and for karboles you could use one alechi v'kaira after tum. L'maaseh, this Tosafos uses those words. The Tosafos never say karboles. Tosafos never said it. Yeah? Yeah? Right? Right? Say karboles, right? What? Don't say he should have said karboles. Well, why does Tosafos use a lashon of yevares, not yevares? Let him come and say karboles. What we said yesterday, it's not a kashya. I don't know, what we spoke yesterday, this Tosafos is clear.

This halacha is not halacha of reshus hayachid, reshus hayachid, and it's only l'gabei tiltul, right? What creates the issur tiltul? We said anything which is domeh to reshus harabim makes the issur tiltul. Meaning, what means there's no reshus harabim? It's ain't a domeh. That's what Tosfos means. When it's a reshus harabim that a toiveres, that they takah go there, so then it's domeh l'reshus harabim. It's a meila, therefore רבי יהודה never said his halacha. Only רבי יהודה was matir the mechitzes here. What I'm trying to explain to you: in hilchos eruvin, you don't have to come onto karmelis. Since רבי יהודה—now, what's רבי יהודה? רבי יהודה's chiddush is that as long as I make a reshus harabim, I can undo it with two mechitzes. That's Tosfos; it depends. It depends what type of reshus harabim we're talking about. Ata say, the bosta reshus harabim, a vadeh it's a reshus harabim. More of a—domeh, not domeh. That's what Tosfos means. Avraham, yeah, you hear? It's pashut on Tosfos. You hear? Yeah? Avraham, yeah, good? Again, listen to me. You weren't here yesterday, right? Yesterday we said a big yesod. The issur tiltul—you want to know if you're allowed to carry on Shabbos in a certain place—it doesn't have to be תלוי if it's a real reshus harabim or not to be asur. The issue of tiltul comes that anything which has a doimeh to reshus harabim has already the issur tiltul. Meaning, to pick up something and to put it down somewhere else, mireshus hayachid to reshus harabim, there it has to be real reshus hayachid and real reshus harabim. Legabei hotza'ah, mireshus to reshus, the reshus has to be a real reshus hayachid and a real reshus harabim. And that's why the Gemara says that we would think for this it's a reshus hayachid, and for tiltul it's not. We saw this yesterday, Gemara in Chalak, right? Pshat: when it comes to tiltul, tiltul is asur kol zman it's domeh to reshus harabim, which means if I could make it to be domeh to reshus hayachid, I take away the issur tiltul. I don't need mamash, mamash, mamash reshus harabim. I need, meaning, anything which I could change into looking into a reshus hayachid is already enough to be matir, to be matir. That's why I explain how eruv works. Eruv is not a real reshus hayachid, reshus hayachid. I mean, it's a real reshus harabim. How does an eruv work? Teretz is, eruv is I give it certain things which are domeh to reshus hayachid, and I un-din the reshus harabim. For example, Rav ... said beautifully yesterday, if I put a delet, so the summer shemesh hold it works, summer shemesh hold it—what's the difference? What's the difference? Teretz is, I took away the havaras harabim. I took away something. You might have a problem. Technically it should be. Technically, technically you have a problem. But Rabbi Yehuda's chiddush is in Hilchos Eruvin. When it comes to Hilchos Eruvin and tiltul, then it'll become mutar. Legabei Hilchos Eruvin, it becomes mutar. Now, we should say. Well, that's why I'm telling you, according to many shitos, it won't work. For example, according to the Rambam's shita, if you have a reshus harabim d'Oraisa, you can't change it. There's no way to change that. True. According to shitas haRambam, what do you mean? No, no, no. Yeah, the Rambam says... It's impossible. But that's... Shitos... Shitos... Fine, the following shita. We'll soon see further. Give me one minute. Now, it comes out that when Rabbi Yehuda said his din of the two walls, what Rabbi Yehuda was trying to say is that as long as I undo the reshus harabim sheboi, mimeila everything becomes mutar. Huh? Now...

I'll tell, I'll tell. Kesh, when I undo the reshus harabim, in order for it to be a karmelis, that's where karmelis comes. That's how I explain karmelis to. Karmelis pshat is k'sheyesh shneihem, shezeh v'zeh, huh? Notice, let's say it has things of reshus hayachid in it, and it has things of reshus harabim, then it becomes a shem karmelis. Should we did. We said that's תלוי in the shailos. That's what we said yesterday. So according to many opinions, karmelis is that it's lo zeh v'lo zeh, or karmelis is zeh v'zeh. It depends in what. It depends for what. If it's doimeh l'reshus harabim, למשל, let's say nobody goes there. If you can undo the nobody going there, then it's only reshus harabim d'rabbanan, and therefore lechvi korei helt. And a chinami, that's when a lechi v'korei will work. If you can undo the reshus harabim that it should be doimeh v'domeh, that's why lechi v'korei works. That's why eruv works. All I said was like this: yesterday we learned the yesod that when Rabbi Yehuda talks about two walls, never did he mean that two walls become a reshus hayachid, literally. You know why? Because it's not a reshus hayachid. What it does is it undoes the ma'alah of reshus harabim. Reshus harabim is patuach; this is not patuach. Finished. And I'll show you—I'll show you Klal in the Rambam, as what I said yesterday, and be'klal. All I'm saying is like this. Okay, so I'm saying very simple. The Gemara in Eruvin says the same thing that the Gemara over here says: two walls is good enough, according to רבי יהודה. So Tosfos says, why don't we take that Mishnah instead of our braisa? So Tosfos has two terutzim. Teretz number one is because over there it's talking about with a tzuras hapesach. Over here it's not two walls; it's talking about three walls. Okay, leave that aside. Tosfos says over there it's tircha d'rabim is not being oiveret. Over there, in that mavoi. Exactly, exactly. You could get to the rabim, but the rabim can't get to you. So therefore it's a certain type of reshus harabim where I understand Rabbi Yehuda is being meikel. It's not a real reshus harabim. Mashenkein, mashenkein over here, it's talking about a real reshus harabim that the people could go there. That's Tosfos. Mavoi mefulash, it's real. And still, and that's why we bring here. Comes along R' Moshe, and he says, Pashut, but it's a real reshus harabim. I don't understand what you're talking about. What's the chiluk that Tosfos makes, because the game will be replayed? The public, the public. He comes and says, אין הכי נמי. What Tosfos meant to say was kavua. Tosfos wanted to make that case into a kavua. No, that the case of the mavoi over there is not—it's takanas reshus harabim situation. He didn't mean reshus harabim. So ממילא, therefore we don't bring that. We don't bring the Mishnah over there. The teretz is because it's talking about a real reshus harabim. Why is it a kavua? Because it's doimeh to reshus harabim. R' Moshe's question was that how could you come and say it's really reshus harabim and play a game and say over there in Eruvin it's a real reshus harabim and over here it's a real reshus harabim and still be mechalek? Over there it'll work a lechi v'korah; over here it won't work. Where does this halacha come from? Meaning it's kavua. It's a kavua. It's not a question of more of a chidush, but it's not a true halacha. Lechi v'korah doesn't work in reshus harabim. Once it doesn't work, it doesn't work. I mean, weird that Tyson be mechalek in hilchos eruv. So if that's true, then it should always be that way. So then bring that Mishnah. And the meileh what? It's a reshus harabim that people don't go there, right? No, the first teretz is patach, and the second teretz is what? Right, that the reshus harabim doesn't go there. Reshus harabim, but people don't go there. People don't go there, right? So it's not a reshus. If it's a reshus harabim, so then why should... I mean, who doesn't mention that?

So, see, more posek for kesef, there's a bigger chiddush, you mean. Even without a lechah v'kaira. I mean, if there's Torah without a lechah v'kaira, then it's a bigger chiddush over there. The teretz there is talking about lechah v'kaira also. The teretz, I understand why lechah v'kaira works. You know why it works? Because it's not derech reshus harabim; people don't go there. Yeah, that's for sure. But the question is, why is that less of a chiddush? So he says because people don't go there. Says R' Moshe, but it's halacha; it's not true. Poskim can't make up his own halacha. It's very meyusad. There's two types of reshus harabim. There's a reshus harabim which is real reshus harabim, and then there's a reshus harabim which has all the criteria of reshus harabim l'geya eruvin, hilchos eruvin, where the rabim doesn't go there. In hilchos eruvin, you already took away the problem of what? Of dama diglei midbar. Once you took away the problem, then avada two mechitzos help. In hilchos eruvin, you took away the reshus harabim by saying the rabim doesn't go there, meaning that makes it eruvin. Avada. The fact that they're not there, that makes it eruvin. That's matir to put the mechitzos there. That gives you the heter to come and say, you know what? Two walls. That's the pshat what Tosafos means. Avada it's a reshus harabim, meaning in hilchos chatzeiros it will be reshus harabim. But— Oh, that's what we spoke yesterday. That's mamash what we spoke yesterday. The Gemara is, you know what, I'll tell you b'kitzur, huh? Right. It says, zayin amos. Yes, so if you take away one of them— Like, you see, this is what the— once it's a lechi, then hilchos eruvin works. Not— no, not דרבנן, not דרבנן, but enough that hilchos eruvin works. It's enough to take hilchos eruvin, huh? ... Murkav. Whatever it's murkav in Chash Shabbos. Where it's undone one thing, what? I have chayrah, because Tosafos says karmelis. So I'm מקשה. Tosafos says the word karmelis. Tosafos is just a rabim people go there, so what? To the hilchos eruvin, you don't need a real reshus harabim. Reshus mamash is not an issue in hilchos eruvin. As long as I change the daimah of diglei midbar, then already it's legabei, it has to... Yeah. No, no, no, no, no, no. We learned this yesterday. Loy zeh v'loy zeh. We learned this yesterday. That's by putting two walls. That's one of the chidushim of... But you're changing it by something happening there. Who? You're putting two walls because of something happening, or because of the way it's situated, people don't go there. That's what I'm saying. It's not really you're making it. Whatever it is, the way it's set up, it's not set up like diglei midbar. This is not diglei midbar. It has the name of reshus harabim. You know what? I'll give you an example. I don't want to do this, but I'll bring you, by the end of this year, okay, I want to... A midbar today. The Gemara speaks about it, right? It says Rashi, and we'll say machlokes Rashi and the Rambam, a midbar today is reshus hayachid. Rashi learns it's a reshus hayachid. Midbar? Yachid. People don't go there. Rashi learns it's a yachid. Whatever it is, that's the Rambam. Okay, it's not the Rambam. Why not? It's... Why not? That's your answer. Huh? ... Rebbi, you see, here they don't go there. I mean, I'm just telling you what I... Rebbi, Rambam... We'll see how he learns the Gemara. He learns the Gemara the exact opposite. A midbar b'zman hazeh is a reshus harabim. Ram bought mine because it says for 59. You don't need to. No, he... I'm a reason for it. Somebody reason. Could be a... It's just like a place, it takes from one place to another. It doesn't depend on ownership. Not hefker ownership. Hefker means anybody can go. Anybody. The ram keeps... Even though there's no... It's just like we said, just like we said, anything... go to the... Not midbar. I don't mean hefker, nobody owns it. Hefker means...

No, you need the sign. The sign should call the place. You have to have a sign. All I'm trying to bring out is from Tosfos. Tosfos seems to be mechalek in the Rishut HaRabim between the havaras haRabim and not havaras haRabim. What's the difference? You see a big yesod here. You see that when the rabim does go there, it's one type of Rishut HaRabim, and when the rabim doesn't go there, it's a different type of Rishut HaRabim, even though technically, l'maaseh, they could go. That's what you see. Am I right or am I wrong? Am I teaching bad or am I teaching you good? Teach you klar. Therefore automatically you could undo it by putting korah? Oh, you see from Tosfos that it's a different type of Rishut HaRabim. ... we can undo this. ... you can undo this one. That's the chiddush. Why? Huh? Why? That's רבי יהודה שיטה. I'm not completely ... good. Why? Because he learns there's one type of Rishut HaRabim and you can be mechalek. What? No, no, no, no. He holds that Tosfos means ... Then we bring down ... very simple. So there's two types of Rishut HaRabim. That's what we said yesterday. There's real, real Rishut HaRabim, and then there's Rishut HaRabim. ... a yad doymeh, a not doymeh, we can play with it. Right? No, that's what Tosfos means. There's two types of Rishut HaRabim. I don't know, it's a good kasha. Tosfos says. It would be very nice if Tosfos would say. Maybe ... that it's real Rishut HaRabim, it has the thing of Rishut HaYachid also. Comes the ... רבי עקיבא איגר. Yeah, and he says like this. What's the case? Yeah. V'af al gav d'lepeirika de'even ha-masison, d'heicha d'darachim miyud amos, yimat. Masmat, v'chol ha-yoser lo hitir רבי יהודה ella ad yud gimel amah u'shlish. Right? It's mashma רבי יהודה was only matir till yud gimel amah u'shlish. He says, תוספות היינו מדרבנן. No, because I thought you said any time it has two walls it's mutar. But now we see—see, you have shiur of ten zayin. Where does the shiur come from? More so the shiur for רבי יהודה. And how much do you have to have? Ad yud gimel amah u'shlish, right? Like hitir רבי יהודה, ad yud gimel. But anything more, רבי יהודה is what? He says, היינו מדרבנן. He says, היינו מדרבנן. ... they came and said, רבי יהודה, you got to take it easy, right? Meaning, even רבי יהודה holds two walls, it's a shiur. Meaning, if it's more than yud gimel amah or whatever, comes along רבי חייא בר אבא in the Gilyon HaShas, he asks a big kasha: לזכיתי להבין. רבי עקיבא says, לא זכיתי להבין. What's his kasha? הא מדקתני ונותן לחי, ונותן, ונותן, just like you, היינו ע״כ מדרבנן. Why? מדאורייתא, well, דאורייתא would talk to lechi. So some of beis mechitzos דאורייתא. Meaning, so it comes out that when we're matir the lechi and the korah, it's מדרבנן. How can they be matir? How can they come to a reshus harabim d'oraisa and be matir with a lechi and a korah? What's the case in eruvin? In eruvin, they're matir it, right? What are they matir with a lechi and a korah? And it's talking about what case? Where Rabbi Yehuda argues, right? Rabbi Yehuda holds shtei mechitzos. Shtei mechitzos is mutar. So then when do we need a lechi v'korah? Only when it's more than yud gimmel amah to be matir the derabbanan. How can they be matir d'oraisa? How can the lechi v'korah be matir d'oraisa? According to Rabbi Yehuda, we come and we say only yud gimmel. What? Oh, so pasuk says only yud gimmel. That was like this. According to Rabbi Yehuda, what's the case? The case is that it's till yud gimmel, because then it's—what? Till yud gimmel amah, right? Mash'ein kein if it's יותר, what happens if it's more? It becomes a reshus harabim d'oraisa, right? You mean the walls? Anything more, the space, right? Once it's a reshus harabim d'oraisa, then the lechi v'korah can't help anymore. What do you need a lechi v'korah for? What's the case? In other words, till yud gimmel, what is it?

Motzochatchila, right? You don't need a lechi v'kaira, right? So when do you start needing the lechi v'kaira? From these gimel, meaning once it's ten zayin amah, ten zayin amah. Yeah, but once it became a d'Oraisa, it's a d'Oraisa. So a lechi v'kaira never helps by a d'Oraisa. No, but נגדה, on the contrary, does help. So how does it help? That's the kasha. Bishlama if you learn that Rabbi Yehuda דאס is mechalek in the shiurim. Yeah, so Rabbi Yehuda holds there's a חילוק between ten zayin and not ten zayin, okay? But if Rabbi Yehuda holds there's a חילוק between here and here, so it comes out that anything more is a real reshus harabim d'Oraisa. So lechi v'kaira can never help you. The word lechi v'kaira can never help. This is the kasha that Reb Kiveiger has. Yeah, you got it? Maybe Rabbi Yehuda holds... It's d'Oraisa, but people don't go there. Let's say till yud-gimmel. What happens till yud-gimmel? Nothing. What? It's completely mutar, meaning mid'rabbanan and everything. What's the case of lechi v'kaira? Till yud-gimmel... No, till yud-gimmel words. I'm saying till yud-gimmel it should work with a lechi v'kaira, because the whole issur is only d'rabbanan anyway, so lechi v'kaira could take care of that. After yud-gimmel, where you hold there's a shaila of a d'Oraisa, and Rabbi Yehuda is being matir the d'Oraisa, a machlokes. If he holds that it works, then it should work without a lechi v'kaira. And if he holds it doesn't work, then the lechi v'kaira should never help you. That's the kasha Reb Kiveiger. Huh? No, it's not called mechitzah; lechi v'kaira is a heker. Right, so that's the shaila. No, like this: if you hold it works, means the two walls work. So two walls are matir d'Oraisa. Two walls are matir d'Oraisa, makes reshus hayachid, makes reshus harabim into mutar, no? Says Tosfos, I don't understand how it works. Says Reb Kiveiger, I don't see how it works, because the lechi v'kaira that you want to use to be matir the d'Oraisa can't be matir the d'Oraisa, because lechi v'kaira can never be matir d'Oraisa. In other words, if you hold it works, then it works. It works for the whole. In other words, if you hold that the whole time it works and the Rabbanan is lechi v'kora, I understand. But the way it works is that the Rabbanan is only if you give a lamed, which means after you give a lamed, this is de'oraisa d'halacha now. And af al pi כן רבי יהודה holds, beis mechitzos, then it should be without a lechi v'kora. So you have to say it's de'oraisa. Then it couldn't be, lechi v'kora wouldn't be the thing to work. That's what Kiveiger's kashya. Comes along, taka, the Sfas Emes and the Netziv, and they taka learn a chiddush. Lechi v'kora, right? No, that it only works if you give a lamed. You don't look it up; you look at the Netziv. According to Rabbi Yehuda, that it's being matir a real de'oraisa, once it's being matir a real de'oraisa, meaning with truth, so then the lechi v'kora. Because you can't have lechi v'kora doing Rabbanan. It's a Rabbanan. It's a game that the Rabbanan play. Lechi v'kora is a game. Yeah, it's a heker; it's Rabbanan. Are you with me or you're not with me? You understand the question? It's very simple, right? ... V'dua kushya, d'kol ikar shel lechi v'kora hu l'hati'is es Rabbanan. It's only coming to matir es Rabbanan. ... V'nir'eh kavanas haRamzal, d'vadai me'ir hachi b'satum es halechi, oi tachas hakora ad hashir, ella d'hareshus haRabim rachav tezayin amah, im haya shiur yud-gimmel amah u'shlish min hator, v'loy mitam heker. אם כן, למהני מה שנסתם אצל הפסח. מה שאין כן אלם ג'בורה, משום היכר, מהני כי האי גוונא. Yeah, you see this? He says same teretz, same thing, no? To what? Read, read, read.

Same svara. If a gemol added chatum, then it would help. It's just a case, no? You're not mefurash. That's what he's trying. Close. That's what he's trying to say. That was when it's tezayin and a chanami, a lechi v'kora won't help. When it's tezayin and a chanami, a lechi v'kora won't help, because d'oraisa. But prash is less. Yeah, that's what he's trying to say. That's what he's trying to say. Since it's open from both sides, that's when the lechi v'kora... Meaning, it's not a reshus harabim d'oraisa, but the Rabbanan are mevatlin, and therefore eruv helps. If you were to learn like this, if you were to learn that it's the lechi v'kora helps on a regular tezayin, how could we matir? How could a Yehuda come and say two mechitzos, a lechi and a kora? What is that? Huh? Tez. Rabbi Yehuda was matir, right? Rabbi Yehuda comes and says it's mutar. Right? By ten zayin. See, more than ten zayin, because it's matir. So the Tosafos is mechalek that there's a chiluk between till Yud-Gimmel and after. Till Yud-Gimmel, it's mid'rabbanan, right? After Yud-Gimmel, what is it? It becomes a regular de'oraisa. Now, when it's de'oraisa, so what happens? The lechi v'kaira works. Yeah, the kasher can be mutar. How can lechi v'kaira help? That's the ... and the Chanami. We're not talking about ten zayin, because then Chanami wouldn't help. We're talking about less than ten zayin. But since Rabim bokin boi, so therefore the sad will help. Yeah, no, you need that it should be chatzer, it needs to be closed. That's what he's trying to say. Therefore, if it's mefulash, then it has to be less than Yud-Gimmel. It can't work both ways. It can't be ten zayin and open. It's less than ten zayin. That's what he's saying. No, Tosafos is saying if you want to use a lechi v'kaira, it has to be that the rabim are not bokin boi. It's not mefulash. It can't work both ways. It has to be less than ten zayin and mefulash, and that's when Reb Yehuda said lechi v'kaira will work. But if it's less than ten zayin and it's Rabim bokin boi, if it's less than ten zayin, that's what he's trying to say, less than ten zayin and it's mefulash, that's when Reb Yehuda says you would come and need the lechi v'kaira. But Tosafos doesn't say that. Sure he does. Tosafos says, ... they bring the Tosafos there. Yeah? Why didn't I tell you where the Tosafos is? Yeah. I didn't bring you צדיק over here. Let me tell you a bit what I want. You do this for homework. I'm starting to cock out, okay? So you gotta follow with. I see for Tosafos the thing is straight over here. When it's mefulash, yeah, when it's mefulash, even if it's not ten zayin, right? רבי יהודה learned that a lechi v'korah will help. That a lechi v'korah will help. Right. If it's ten— no, if it's ten zayin and it's mefulash, it doesn't work. It doesn't work. It has to be less than ten zayin and it's not mefulash. Oh, oh. רבי עקיבא obviously learned not that way, right? רבי עקיבא obviously learned that it's impossible to come and say that a lechi v'korah will work even if it's less, if the Rabim מבקעים בו, right? In other words, the nafkamina between the Tannaim and רבי עקיבא is Rabim מבקעים בו, right? That's between the two of them. They're arguing this yesod. When something is a reshus harabim, right, do we discuss hilchos eruvin in a real reshus harabim, and it makes no difference if the Rabim מבקעים or not מבקעים? If it's a real reshus harabim, it makes no difference.

Even if it's less, once it's even if it's less, even if it's less and the Rambam's not meikel, if it's a reshus harabim, do it. If it's not a reshus harabim, what's the difference? But the tnai. You see clearly that in hilchos eruvin, there's a tnai, Rambam meikel, not Rambam. It makes a difference. No, it's—it's trying to come and say something's reshus harabim, l'gabei the halacha of rabim bokin, and eruvin help. Eruvin help? That's what we're saying, a lechi and korah will help. Why does the eruv help if I, reshus harabim? The answer is because this reshus harabim, as long as you put mechitzah, it'll be kosher. In a regular reshus harabim, you can't do that. Even more than regular. In pesach, what are you gonna do? That's not a real one. That's what I'm telling you. But Rebbe just said that even in a real one— No, I'm telling you, till thirteen it depends. If the Rambam's meikel by reshus harabim, but the only thing is they'll lechi and a korah will help. But after that— Oh, he has a geder. He has a geder. After that it's not allowed, right? Yeah. After yud-gimmel, if it's not— if it comes a real reshus harabim, so what's not— that's chance a real reshus harabim, and after that becomes. Okay, רבי Kiveiger didn't learn like this because he— what's the difference? That even if it's less, ma nafshach, if it's an eruv, it's an eruv; if it's just a— rabim, it's just a rabim. What's the difference? Ma nafshach, if it's reshus harabim, then if it's reshus harabim. It doesn't work. No, it doesn't work if it's real, not real, it doesn't— anything. Whenever רבי Kiveiger understood, if it's reshus harabim, then eruv doesn't work, and if it's not a reshus harabim, eruv does work. What's the difference? He's not learning like us. Yeah, like we want to learn. We're trying to say a svara. I mean, we said— that's what the sevara is to say. Whenever— Whenever, whenever you have a reshus harabim because the rabim boikin, meaning the issur tiltul is there because there's a rabim boikin boi, not really because of itself, ah, that's reshus ha'erev works. That's when a hilchos erev could come and say it's not rabim boikin boi. I put up eruvin, I put up mechitzes, it's not domeh reshus harabim. But where it's a real reshus harabim, you can't say it's not domeh. What is that? Once it's a reshus harabim, there's no such thing as saying it's not a reshus harabim. It is. Even a... It's a difference. It is reshus harabim. What's the difference? I know, I know, we'll get to it. We'll get to it. Okay, come. So let's move along. Ready? Come, let's move along. You'll do this by yourself. Come, you'll have to work a little today by yourself. I can't teach you. Come. Okay, let's see further. Eichu bima? Yeah. Maybe Tosefos dragin matzei, ... neged Rabbi Yehuda. Right? So Tosefos brings a raya that Rabbi Yehuda's rule for the seifa. It says by ... Right? He brings the raya from ... ... the seifa ... Rabbi Yehuda ... ... mishum mechitzah. ... Come, ... ... ... Rabbi Yehuda ... ... So the kitzur raya is from the seifa of ... The Gemara says ... ... ... Shamin sapla pukmei d'Rabbi Yehuda. The din is basically chitzdei d'Oraisa, l'deivois mefulash l'havashtera. The Gemara says clearly that what's called a reshus harabim in our Gemara, mavi hamefulash. According to Rabbi Yehuda, mavi hamefulash is not a reshus harabim. Not a reshus harabim, right? Reshus hayachid. Not a real reshus harabim. That's fine. If you take a look, the Ra'ah. The Ra'ah says, the Ritva and the Ran, they bring the shitos, that when do we say beis mechitzos reshus hayachid? It's only b'karmelis, right? You hear? ... Mavoi hamefulashim, Rabbi Yehuda never said his halacha. Rabbi Yehuda only said his halacha by karmelis, which is where, meaning this would be very good, R' Moshe's teretz, Moshe's tikun Torah, that Rabbi Yehuda was only matir two mechitzos by karmelis, right? This is the teretz that they want to say, the Ra'ah and the mavoi hamefulashim. What is mavoi hamefulashim? It's open.

Comes along Tosfos, and he says you see raya not like Rabbi Yehuda. According to Rabbi Yehuda, it's not a reshus harabim, it's reshus hayachid. That's Tosfos. Comes along the Ritva, and the Ritva says that Rabbi Yehuda was only matir by karmelis, but he wasn't matir ... No, some say they're not like Tosfos. Maybe the Ritva. ... The Ritva only said his halacha b'makom she'ein bokin bo samach ribo k'diglei hamidbar. Rabbi Yehuda only said his halacha ... b'makom she'ein bokin bo samach ribo k'diglei hamidbar. Machlokes, if it's taka bokin, then Rabbi Yehuda never would say his halacha. Oh, pashut pshat, it becomes a karmelis. ... You never have a mavoi mefulash, you never have it. Let's go. Kashe. V'yesh lomar, d'Rabbi Yehuda al b'makom she'ein boikin bo, סמך ריבה כדיגלא במדבר. Let's finish. Every mavoi has two walls. Finished, end of story. Every mavoi, every alleyway has walls, no? It would be a reshus harabim? No, it's finished. It's not reshus harabim anymore. The Gemara brings a case. Mavoi she'mefulashim is a case. Reshus harabim, it's not. It's not according to Rabbi Yehuda. It has two walls. Meileh, he would have to agree in such a case it's not reshus harabim d'Oraisa. And the Gemara says that it is. He says, Tosafos from here is a raya not like Rabbi Yehuda. Comes along the Shitah HaRan. He says, I, Rabbi Yehuda, he says it's talking about that it's less than ten zayin amah. When does Rabbi Yehuda say that the lechi v'korah in the two mechitzes? Where it's less than ten zayin amah. The Chachamim say more. The Chachamim say more. It's hakel, we call reshus harabim d'Oraisa, so that's the geder. That's why it wouldn't help. Ritva learns a little bit differently. Yesh lomar, says Rabbi Yehuda, ela b'makom she'ein boikin bo, סמך ריבה כדיגלא במדבר. Rabbi Yehuda is going to learn it depends if it's rabim boikin bo and not rabim boikin bo. What are they arguing? Very poshut, mamash klar. Rabbi Yehuda, the Ran learns that once it becomes a reshus harabim d'Oraisa, there's no way out of that. There's no way out of that. You have to say it's less than ten zayin amah. Even if you don't have rabim boikin bo. They're arguing in what's called real reshus harabim. Isn't the people that— Mashein kein, mashein kein. Because it looks like this is the rabbin—even a rabbin, boikim boikim. The Ritva, it looks like— You don't have the rabbin. Who cares? ... But what's the halacha? What? Mashein kein, according to the Ritva, ... is even less. Why? Why? It's even less, because if it's more, then you have a problem that it's ... d'oraisa. D'oraisa. Who? You could put walls, but you can't make it with two walls. Four walls you can make it. Three and a door. Three and a door you can make it. Two walls you can't make it. The teretz is— It says that we say ... is reshus harabim, that's the ... that's talking about when it's ... Right. No, but see, that's after. When it's ... that's ... Right. So less, that's Reb Yehuda says halacha. And then ... Ritva says a little bit differently. Reb Yehuda only says halacha, b'makom she'ein boikim boi samach ribui. But b'makom sheboikim boi samach ribui—

That even a behuda would say doesn't help. Because even if it's less than—it's only yud gimmel. What's the kasha? What happens if it's more here, and there's no rabin boi keboi? ... which work quite the same. Why? Not like the Rambam. Called the shayla. If you learn something which is batel b'rshus harabim, so once something's batel b'rshus harabim, you can't change it. Yeah? That's the— that's the rab. The Ritva learns, no. Once it's not doimeh—right? The machlokes is klal. Huh? The Ritva's saying that it's not a question of how much amahs it is. It's a question of, ma'aseh, you don't have ... boi. You don't have ... And once it's not doimeh, even if the makom itself is a makom rshus harabim, means you have a tes-zayin amos over there, and there is a makom hiluch rabim. But if you don't have the domeh to the diglei midbar, therefore Reb Yehuda says you can put up an eruv. Pshat? Because that's what we said. The whole thing is תלוי on the domeh to diglei midbar. That's what it says. It's תלוי in the shayla. Right, you can change it within. Exactly, exactly. Okay, let's move along, and then—okay, so you'll do this. Abaye, you'll learn this part for homework. Come, you have homework tonight, all right? Let's move along. Let's move along. Comes along the Gemara like this. Says the Gemara, what we learned, says the Gemara like this. Chachamim ... Are you with me? Are you with me? Yeah? Not so much. Here, just pick up from the Gemara. Says the Gemara like this: Amar Mar, zu reshus harabim l'mutei mai? Zu hi, nachamo. What's l'mutei mai? Says the Gemara, l'mutei idach d'Reb Yehuda, not halachah d'Reb Yehuda. Not Reb Yehuda omer, im haysa derech harabim hafsekes... What do you do? Put it to the side. Chachamim oimrim, ein tzarich. Why does he call it gemurah? It don't mean to. Pasi bira'os. What's pasi bira'os? Pasi bira'os is those beams, not the beams, pasi bira'os, beams. By the regalim, to make the beams around the well. They used to drink from the well, so they made pasi, the L-shape, the L-shape. That's called pasi bira'os. Let's go. No kashya. Says the Gemara, Why does he call it gemurah? Let's bring a case of midbar. A case of midbar. Says the Gemara, that's a Tanya: איזו היא רשות הרבים? סרטיא ופלטיא, גדולה ומבואות המפולשין, זו היא רשות הרבים. So why does he bring a case of midbar? כמה זמן ישראל שרויין במדבר? כמה זמן? It was twelve months, Bnei Yisrael shruyim b'midbar. Pashut shas is it comes to reshus harabim d'Oraisa. And when Yisrael ain't shruyim b'midbar, so Rishonim have a very nice kashya. L'mai nafka mina? Why would he bring a halacha that comes out? Not now. Why should he bring a halacha when the case of the midbar was the rabim? No, rabim boke'in bo or not. That's what comes out. What do you mean rabim boke'in bo? There's nobody there, right? The Gemara says, since it's empty, pashut shas, it doesn't have a halacha of reshus harabim. So why quote to one braisa to say midbar? But b'zman... this braisa אומר, b'zman sheBeis HaMikdash kayam, .... Comes the world Rishonim, who? But why should we write halacha now for when Klal Yisroel is in the midbar? What's the negeiah? So Rishonim give a teretz, okay? The Shitah LaRan brings from the Ra'ah that the pshat is, it's a chiddush l'gabei moving and not moving. In other words, the reason why he comes to tell me, b'zman Beis HaMikdash, b'zman midbar, it was considered reshus harabim, to teach me that even though it was moving, even though they moved, still a halacha of reshus harabim. Moving? Who says moving? How can a reshus harabim be moving? Says the Shitah LaRan, that's why he tells me that the time in the midbar, it was considered reshus harabim. Afa al pi that it moved, it's still reshus harabim. It's a famous kasha, more than a chiddush. The Gemara itself says that they didn't move.

Rapi Hashem yachdu, Rapi Hashem yiso. So they considered that they were resting in the same place. The Gemara is a kasha. The Gemara asks a kasha: how do they have the move, there was no eruv? The Gemara says, Kivan d'Rapi Hashem yachdu, Rapi Hashem yiso, they never moved. Yeah, they never moved. Shem tol—no, they were in the same place. There's a very nice vort from Rav Shlomo Schwadron about it. Wow. Rav Shlomo Schwadron, ... Chaim Shmulevitz, ... He said, 'Tzaf tzaf they moved. Tzaf tzaf they moved.' Why? Kivan d'Rapi Hashem... So if Rapi Hashem tells you to move, it's not called moving. Says Rav Chaim Shmulevitz. I love to forget how he said it over. He said over, could you imagine if you take a child on top of your head, yeah, and you walk with him, you walk with him. Tell me, did you move with the child? You moved and the child's on top of you. Kivan d'Rapi Hashem yachdu, Rapi Hashem yiso, they were al kanfei Shechinah, the Eibishter was holding them. Who's—sorry, who? They didn't move anywhere. They were in the hands of Hashem. They were al kanfei nesharim. Right, the Rabbeinu should move the surrounding; they stayed in the same place. You're on a boat. If you're on a boat, and you come to, you're moving, it's tiltul. You—right, we spoke about it. You're staying in the boat. Kivan d'Rapi Hashem yachdu. That's an airplane. It's unbelievable how he said it over. I'll tell you the mashal he said: when a mother is carrying a child and she's feeding the child, the child doesn't have to look for the red light. Right? Why? Because the child is by the mother. The mother is moving. The mother is moving. You don't understand the... Him al pi Hashem, yachnu, al pi Hashem yis'u. So, al kol panim, it's not like this, right? Yes, unbelievable. What are you trying to... So, yeah. I don't know. I don't know. Kushya is unbelievable kashya. It's a famous kashya on the Ral. It's a famous Ral. Ral says a moving, a moving, a moving Rishus Harabim we learn from the Midbar. Why was it moving? Why kafu nisyon? Why was it moving? They weren't moving at all. I'll tell you what I'm thinking. I'll tell you what I'm thinking. Yeah, yeah, yeah. Who? Why'd they pack? They packed in the same boat. They went from one room to another room in the same boat. I'll tell you what I was thinking, maybe. Maybe the Ral means something else. The Ral doesn't mean—the Ral does not mean moving, that it is moving. That's right. In other words, as long as the people move from one place to another place, that creates a Rishus Harabim. That's the pshat. The hiluch harabim, okay, that the Ral means that we learn from there that hiluch harabim makes Rishus Harabim. That's what it— that's the pshat. They don't move. They didn't move. They did. They didn't move away, but they moved in it. They moved. Every time they moved, it became... No, no, no, no. The chiddush was, you would come and say, you would come and say that a hiluch harabim, hiluch harabim doesn't create a Rishus Harabim. A hiluch harabim doesn't create. I would say dafka that they're standing there, okay? In other words, maybe the rabim that stayed there, but the going passing through, hiluch, the going of the rabim—this is the Ral. Okay, let's move on. Chomer, next. One more nekudah, and then we'll call it quits. I don't think I can talk anymore. All right, let's see. Good. Rashi learns, Rashi learns, so what's pshat in Midbar? Midbar b'zman hazeh, shutaf yachid, is mana Gemara, because mana Midbar was taka. The Rambam was zeh after. Oh, mana Midbar, yeah. Let's take a look at the Rambam. Rambam, you hear? Where? Here, on this Gemara, Midbar. Midbar, beis, perek yud-daled, halacha aleph.

Midbar, no? Midbar. Rambam says clearly, midbar is mana zeh is what halacha? The Gemara is the exact opposite. Where was this? Ayarot also. Huh? Forest. Midbar. That's it. Rambam's shita is, comes along the Kesef Mishneh, it's Ravim, a tmiah. Shas. Midbar for keris, zman hazeh, midbar is d'oraisa. Zman hazeh, midbar d'oraisa. Shitaso. What do you do with the Gemara? Maaseh Gemara. So first of all, there's a ... mekaves haMishnah. Let's say there was anani hakavod. How did anani hakavod go? Lifneihem v'achareihem, right? V'amud ha'anan yomam lachosem haderech, v'chitzon. They did mechitzos. So meileh, b'shutter, in the time of Klal Yisrael, the midbar, the halacha was shutayachid. Zman hazeh, it's din of Shitaso. It was not like ... you know, ... Huh? The amud, the two clouds. Huh? That's where the Gemara answers the kasha from. Good, went to mechitzah, they walked two thousand amos. Why is that mechitzah? ... next. You work on it, I can't. I should keep talking. You work on it. Mekaves haMishnah is famous, famous mekaves haMishnah, because they had anani, they had a din mechitzah. He says, Rav Avrom ben haRambam, the son of the Rambam, ... matmia al haabba. Good. Good. Like this. ... Shevet Binyamin. ... In the time of Israel, there were machanot, ... היה לגבם כמו פיקא בשדה. ומהי דדמי להו, ובזמן הזה שאין ישראל דרים בו, אלא כל מי שירצה הולך ועובר ... והוא רשות הרבים. ... ולעניין ערים, לא דמי ליה. וביקעה שהיה אין תשמישה נוח, ... והבקעה... Can you want to say, in the time of Beis HaMikdash, ... Remember how Hashem ... in the time of Midbar. Why? Because everything was ... They didn't live there in the streets ... Even when they lived in the Midbar, it was mesudar. There was a home. There was ... It wasn't in the streets of six hundred thousand people. It wasn't open lot. It was within this reshus harabim, so to speak, they had houses and everything. Right? It's like an apartment building. It's like an apartment building. No, that's a ... We know that. ... anybody who wants to go could go. ... What do you see from the Rambam? You see from the Rambam big yesod, big, big yesod. ... אילו מעשה ... could pass. Yeah, could pass. As long as people could pass, it becomes a ... רשות הרבים. No, now I understand everything. Talk, talk. Beautiful, no? What happens? But Rabbi Yehuda... I can't hear. Rabbi Yehuda... The mail is that's Rabbi Yehuda. The... that's Rabbi Yehuda. Rabbi Yehuda is saying a chiddush. Rabbi Yehuda is saying like this: since l'maaseh, you came and you made a situation where the Rabbanan can't go there, meaning, technically, if the rabbi wanted to go there, they could go there. They want to. But it's done in a way that it's not open, open, open to the public, like open like—what's the lashon of a very sharp lashon, a very strong lashon. It's a makom... Whoever wants can pass by. So once you put a situation where...

It's not komi sherotzeh, which means let's say a guy wants from this side. What does he have to do? Go around. Go around. It's not open like a midbar. Midbar is open. Something that's not open loses the shem reshus harabim. Now, for homework, what I want from you is, how does this fit into the Rambam's shita? If it's open, but it's not open, according to Reb Yehuda, with two walls, it becomes... Now I want to see, I want to see how does this fit in to the shita of the Rambam, that a reshus harabim is with four walls. Remember we spoke machlokes? How many walls do you need for a reshus harabim? The Rambam's shita is it has to be davka four walls. Yeah, you need four walls. Let's see, you're being a big lamdan over here. Come, let's talk. So you cannot pass. We're just explaining the Rambam not like that, just explain the Rambam not that way. The Rambam learns that as long as it's open to the public— Ah, it has to be closed all the way. Why does it be closed all the way? For keren, it's not open to the public, it's not completely open to the public. Yeah, yeah. Why does the Rambam learn— No, so then what? No, so why by midbar then? It's reshus hayachid. Why does Rambam hold that? So let's say you have three walls. Let's say you have three walls. So now it should be over over there. It should stay inside, no? It's a massive question. Why by a midbar has halachos of yerabim? No, what I'm saying is, and why to undo that you need four walls? Say it better. Say it one more time. One reshus to another reshus. If that reshus hayachid and reshus harabim, you could undo a reshus harabim and still not necessarily be reshus hayachid. That's the Rambam. The Rambam learns that I can hold I need to be over in it to be reshus harabim, but just because you're not over, it doesn't make what? It doesn't make it reshus hayachid. You need four walls. Okay, so then... Why do you need four then? To make it a reshus hayachid. This is why I want this the last thing. Eich bi'arnu al פי הנל שיטת הרמבם, למה בעינן דווקא ד' מחיצות לעשות רשות היחיד? Because the way we learned, you have to... Just because something is not a reshus harabim doesn't mean that it's a reshus hayachid yet. Okay, so you need four walls. Ah, I understand. Ah, so what did we say yesterday? Hilches eruvin, it might be good. Okay, okay. You'll do me a favor. ... באמת, ... Yeah, zu hi reshus harabim, u'mutar mai. I want to do the Gemara with mebar. I want to do the Gemara with mebar again, and then we'll do the whole Gemara after that. Says the Gemara: Amar mar, zu reshus harabim u'mutar mai. U'mutar, idach d'Rabbi Yehuda, d'amar Rabbi Yehuda, ... Chachamim me'ein tzarich. They don't have to. Mai kari lei gemurah? Why is it called gemurah? Says the Gemara: either tarya gemurah, tarya nami she'eina gemurah. She'ela Gemara: v'lachshov nami midbar, she'katuv kan midbar, sheechad meha reshus harabim zeh midbar. Right? Tanya, eizehi reshus harabim? ... muflashim, midbar. So how come it doesn't say in the braisa that midbar is one of them? Amar Abaye, lo kashya: kan b'zman sheYisrael shruyin bamidbar, kan b'zman hazeh. So what's the pashut pshat? ... Then the midbar was reshus harabim. ...

The Rambam learns the opposite. The Rambam learns, the Rambam learns, b'zman hazeh it's the midbar. Okay, the opposite. So this one, according to the Rambam, this one, according to the Rambam, at least I understand why it says midbar, and the answer is because b'zman hazeh, midbar, right? Now, if I can say according to the Rambam that midbar is a reshus harabim, so again, lemaaseh b'zman hazeh, right, that a midbar is a reshus harabim. If you learn like Rashi, that it was only a reshus harabim b'zman hahu, so you have to be very careful. What's the din? What's, again, what's the lemaaseh? I mean, why should it say it? And מסתמא that's why the Rambam didn't want to learn like that. That's according to Rashi, not according to the Rambam. Rashi learns the Gemara that b'zman hahu, that's when it was not a reshus harabim. I'm sorry, b'zman hahu, that's when it was a reshus harabim. B'zman hazeh it's not a reshus harabim. The Rambam comes and learns the opposite. B'zman hahu it wasn't a reshus harabim. But the Rambam says not that way. So we'll soon see, we'll soon see the why, but first let's see what it says. Again, one braisa says midbar not, and here it says midbar yes. The question is why does it say midbar yes, midbar not? The answer is then and now. So this one, according to the Rambam, everything's beautiful. Why? There it doesn't say; it skips it. Here it says it because lemaaseh today it's different. But if you learn that the whole midbar is not now anyway, according to Rashi it's only then, so why would it say midbar? What's the negea lemaaseh? What's the negea lemaaseh? So I showed you last week that the Shita LaRan brings down a very nice thing, and he says like this: It has to tell me— Midbar was what? A reshus harabim, because even though it was moving, even though it was moving, where was the reshus harabim? It was holech, it kept on going, right? See, based on according to the Rambam, it makes no difference. Any open place becomes reshus harabim. But then what was is because the people were there. According to Rashi, it has to do with the people were there, but they weren't there all the time. Today they were there, tomorrow they weren't. Tomorrow they were somewhere else, right? So still the halacha is that it has to be reshus harabim. Kamashmalan to teach me that a reshus harabim mehaleches, even though it's not kavua, it's still called a reshus harabim. This is what the Shita Laran learns, right? Oh, oh, oh, slowly, slowly. Does anybody understand the Shita Laran? I'm saying clearly what we're saying. One braisa says midbar is reshus harabim. One braisa says midbar doesn't mention midbar reshus harabim. The question is, chayavin will be a karmelis. The question is why? The Gemara ... the midbar ... hazeh. So Rashi learns, b'zman hamidbar was a reshus harabim. The Rambam learns the opposite, b'zman hazeh it's reshus harabim. So according to the Rambam, I understand very nicely the pshat. Why did the Gemara say the word midbar to teach me today? One says just midbar, and that's to teach me that today it's a reshus harabim, right? According to Rashi, the whole midbar is not even today, it's only then. So how can there be a braisa to talk about then? I mean, it doesn't make sense. Some other ... I mean, how can you have a braisa that says then, right? You see what I'm saying? I can hear that doesn't bother me so much. I mean, then it doesn't say less than. But dafka mention midbar with something that's not ... It says the Shita Laran. Yeah. Yeah, that's right. I would think that way. I would think it goes with the people. And since it goes with the people, so maybe that's not called a reshus harabim. That's what he's saying in the Chinami, it was a reshus harabim. As they were going, it became reshus harabim. The midbar changed every minute, and the changing is called a reshus harabim she'eino kavua; chamas one, it's still called a reshus harabim. That's why we need midbar. That's what the shita says. The shita says that the reason why we need midbar is to tell us that it's something that's mehalech. Now, I ask you in svara, what's the difference if it stays or doesn't stay? Why is the fact that it moves, being migarea from the reshus?

Right now there's 600,000 people. It's a reshus harabim. 600,000 people are right there. What makes the people the makom? What do you mean, the people the makom? Yeah. What makes? That the people are coming in and going, or it's the fact that they're there? So they have to do with what we spoke. So, b'ezras Hashem, we're going to get to this nekudah. Every reshus harabim in the Tais, it becomes a reshus harabim because of certain criteria. All the pshat is the makom is a reshus harabim because of the people, something like that. It has to do— in other words, the people make the reshus harabim? Is the reshus harabim, and the tenai is, the condition is that the people are there. So I would come and say that something which is not a kavua can't become; it can't rule something because people are there. It becomes. That's exactly what we're saying, right? L'choira it has to do with this shailah. Okay, so we'll see. Now I want to show you another nekudah as we go along. We said the Rashi, the Rambam. So we said over that Rabbeinu Rambam and the Rambam, right, we spoke from the Kesef Mishneh brings down Rabbeinu Rambam and the Rambam. That's l'chora, what's the pshat in today it's a reshus harabim, right? And the teretz is because it's hefker lakol. Okay, so the Chasam Sofer says a very nice kasha. Look at the Gemara Tzaddik Vav amud beis. Ready the kasha. It's really the chelek sheini of this teretz. It's all about the reshus hayachid, reshus harabim, and zorek mereshus to reshus. Says the Chasam Sofer, if you look, the Gemara says clearly. Here it is. Teldoi Tzachi. Hotza'ah gufa heicha ksiva? How do we know hotza'ah in the Torah? You know where we know hotza'ah from? Says the Gemara, d'amar kra, we know the pasuk: Vayetzav Moshe, vayaviru kol bamachaneh. Moshe heicha hava yasiv? B'machaneh Leviyah. U'machaneh Leviyah reshus harabim havoi. Havoi. What does the Gemara say clearly? That we know hotza'ah from where? Because he threw from reshus hayachid to reshus harabim, and where is reshus hayachid to reshus harabim? Because Moshe was in the machaneh Leviyah. I thought according to the Rambam, midbar wasn't a reshus harabim those days. Rambam shita. According to the Rambam, says the Chasam Sofer, the whole hotza'ah is learned out from where? Learned out from the midbar. And if it's learned out from the midbar, so how can it be that the Rambam says that b'zman hahu wasn't a reshus harabim? Where do you know hotza'ah from? Here, where? Simple. Any simple. Where do you know hotza'ah from? From the midbar, right? So how can you come and tell me the midbar wasn't a reshus harabim? Something's wrong over here. What does the Rambam say? Rambam says, ... The matter who? The Midbar wasn't reshus harabim. That's the Rambam's shita. Rashi learns then it was reshus harabim; today it's not. And the Rambam is the exact opposite, right? Today it's reshus harabim; then it's not. Says the Chasam Sofer, it's very nice Torah, but where do you learn it from? The whole ... worked out because they brought it to Moshe. Moshe was the machlokes, and the machlokes is considered a reshus harabim. ... What do you do with this, yeah? What? Not for the what? Rambam holds that at the time of the Midbar, it wasn't reshus harabim. How could the Gemara say clearly it's reshus harabim? I mean, Gemara — where do we learn ... from? What are you talking about? ... Let me tell you the Chasam Sofer's teretz, and then we'll see what ... says. The Chasam Sofer says a very nice teretz. He says like this: When did it become reshus harabim? Yeah? When did it become reshus harabim? Sorry, when did it become not reshus harabim?

When they had the galus, when the galus came around, what happened was, it wasn't hiluch for Rabim anymore, right? Yitzka had his house, and Yitzka, it became mesudar, right? When did they bring the things for the Beis HaMikdash? It was the Persians before the galus. Says the Chinami. Makes a history out of it. Very poshut, this from Tosafos. This was—when did it become oisher reshus harabim? Bring me to some sefarim. Rashi, Rambam, ... hepech, u'kvar kasavnu mizeh l'eil. V'od yevuar lakaman, im yirtzeh Hashem. So where is this some sefer? This is later. Maybe in ...? ... Daf chaf, ... amud aleph. Hinei shitas Rambam, d'mibei b'zman hazeh havei reshus harabim, u'bizman sheYisrael shruyin b'midbar havei karmelis, ein kan chiyuv. L'choirah, mai porech heichi askinan, ki hagavna d'chayav, ad rabah, kol toza b'mishkan havei derech karmelis. It comes out, all of our toza from the Mishkan, we're not a reshus harabim; it's karmelis. I think kasher: how can the Rambam be machmir the whole halachah of ...? He says a very interesting teretz. He says, Mihu, l'ma shekasav kes Mishnah, b'shem haRambam, v'Ramban b'nois l'Rambam, d'hayu loy chonin b'minbar, v'hayu machneihem sedurim. What's the reason? Since they were chonin b'minbar and the machanehim were sedurim, everything was mesudar, so therefore it wasn't mamash reshus harabim. Mishum hachi havi karmelis, im kein shelo mizdayea b'shanah shniyah v'eilach. That was only the second year. The Tzelam says, chasam sofer only came when? The second year. The flags, each one had to live... ah, taseh, ah, taseh, ah, taseh. By the degalim, once the degalim came around, they were machneihem sedurim, became a karmelit. But when did they bring the stuff to the Beis HaMikdash? The first year. So the haktzarah that we learned is from the first year. Their home, they took from ... their house. Tent, they had a tent, not—degalim was on a tent. Each had a tent, so the tent was reshus hayachid. Degalim means that the way they were living was mesudar, therefore even the streets had a din of reshus hayachid; they didn't have a din of reshus harabim, had din karmelit, talk about. No, so I'm saying the reason why the Rambam held in the time of the Beis HaMikdash—I'm sorry, the time of the Mishkan—it was considered reshus hayachid or al kol panim karmelit, because it was sedurim, says the Rambam and the Rambam. The degalim, says the Chasam Sofer, beautiful, that's only the second year. But till the degalim came around, it was reshus harabim. Then hachanami, they brought the—what? The first year they brought it. Very Chasam Sofer, no? Okay. There's a very famous kasha that everybody asks on Tosfos. If you take a look in Hazoreik, it's another mekor that the Gemara brings. It is another mekor that the Gemara brings for hotzaah, and that's דין לויים, avodah of the Leviim. Everybody take a look. Oh, Tzaddik vav, nu? Yeah, Tzaddik vav, here we go. It says like this. It says Gemara like this: Hamoshit v'hazorek, mista... hazorek, nizuzuzu patur, right? Hazoreik nizuzuzu patur, right? Shteim b'diukta achas, hamoshit chayav, v'hazorek patur, right? Kilomar, bali achas b'orach reshus harabim al pnei habayis, v'yesh hefsek reshus harabim beineihem. Hazorek patur. How do we learn miyut? V'hamoshit chayav, because he shoti chayav even higher than yud, right? If you throw higher than yud, you're patur.

If you moshit higher than you, you're chayav. Shekach hoisa avodas haLeviim. Who wants to read the Rashi? Go ahead, Simcha, read the Rashi. U'mefaresh loh azil. Nu? U'mefaresh vazil, keitzad masinu kezu b'avos haTan. Shebishtei agalos zu achar zu b'shuta rabim, parkei mishkan, Moshe tan, me'otan sa'al hagalot. The Rashi, the Mishnah, nu? Right? Moshit is chayav. Where do we see it? Because we have the case with the agalot, that they were moshit, v'heim moshitin la'eilu shlosh me'hem, aval lo zarkin, but they didn't throw it. She'ein osin krushin b'derach shem, because you couldn't throw the krushim mipnei hakavod. Tell me something: this has to do with the building of the Mishkan, or this has to do afterwards when they were traveling? Traveling. Traveling. We're taking it apart. Traveling. This has nothing to do with the building. It's nothing to do with avodas haLeviim. The Leviim carried the Mishkan, they undid the Mishkan, they carried it, because they had to transfer the Mishkan, they had to build it. They had to take it from here. When? By avodas haLeviim, not when they built it originally. After it was built already, it became the avodah of the Leviim. You want to be mechadesh. Now when it was reshus harabim? Only when they built the Mishkan, but after that already it became more than reshus harabim. It became a karmelit. According to you, how do you have a case of moshit? How can the Gemara say, ein avodas haLeviim, and avodas haLeviim? One question. The Chasam Sofer says that eina chanami, the only time the Midbar had reshus harabim... Was only the beginning, when they built it, when they built the Mishkan, and that's the case of the Gemara of ... Yeah, but it's not true. It's not only like ... We see we have it even by Avodas Elavim. That was later Avodas Elavim. She had her shita Rabim. The case is, you took from one reshus hayachid to another, and reshus harabim b'emtza. It says in the Mishnah, where do we know it from? Avodas Elavim. I thought according to Rambam there's no such thing as a reshus harabim. ... Where do we learn out mav'ir daled amos? What does the Gemara say clearly? Where do we learn out mav'ir daled amos? Shekein domeh. The Gemara. ... The Gemara says like this. ... Amar Rav Huna, mav'ir chayav b'daled amos reshus harabim mekurah, patur. Why? Lefi she'eina domeh l'diglei midbar, because mekurah is not domeh l'diglei midbar. Diglei midbar, reshus harabim, clearly. So open Gemara. Who learns this? No? If you have a reshus harabim that has walls— Yeah, what's he talking about? Davka shel pelah, no? Davka shel pelah. Where do we know walls? Because once it has walls, it's eina domeh l'diglei midbar. I said diglei midbar, once you have the ... already. There was no more Rishut HaRabim. So there's two teirutzim besides the Chasam Sofer I want to tell you. I have to do something with my voice. Okay, so I want to tell you two teirutzim besides. Okay. Famous sefer, Divrei Cheskel. He was a talmid from Slabodka. They use him a lot. He was very chashuv, the sefer. But he says an interesting teretz. When they were traveling, it had a din of Rishut HaRabim. When they were in the holim, when they were in their tents, and the Chachamim had din of Karmelis. What's the lashon of Rav and Rabah? Since they had tents and everything was mesudar, and he says the lashon they were chonim lefi ha-seder, that's only when they were chonim. But once they were moving, they were traveling. Perfect. When they were moving and a Chachamim, Diglei Midbar says they had a din of Karmelis. When they were set, when they were chonim. But when they were not chonim, when they were moving, they were walking, then it had a din of Rishut HaRabim.

And the me'ilah, that's what he was talking about. That's what he's saying, because diglei midbar, when they were traveling, the diglei midbar, when they were traveling, that became a reshus harabim. And since the reshus harabim has to be lo mekurah, therefore, if it's mekurah, it's not דומה לדגלי מדבר. Very nice teretz. You hear, Simcha? When do we say that it's a reshus harabim? When do we say it's a reshus harabim? That's only when they were moving. But ein hachanami, when the Rambam—the Rambam says those words, they were חונים לפי הסדר, חונים לפי הסדר. Because he says, the Rambam says those words, they were חונים לפי הסדר. Exactly. That's right. When they were חונים, Midbar didn't have a din of reshus harabim. Makes sense. I'll tell you what I have. You know what I have to give you a cheshbon? Nine stipshot in the Shitah LaRan. What did the Shitah LaRan say? When they were walking. So I would think it's not called a reshus harabim, kamashmalan from the midbar. What's the pshat? There's a major kushya over here. Take a look at the midbar. What was the case for the midbar? The case for the midbar was that when they were חונים, the same place when they were חונים was a reshus hayachid, or karmelit al kol panim, right? The minute they started to walk, that same place turned into reshus harabim. So what do you see from here? That a reshus harabim, that be'etzem is not a reshus harabim, only because of hiluch harabim, it becomes a reshus harabim. That's what he— There you go. There you go. Through people became. Through the people became. And what did the Rashi mean to say? Why the Rashi said that it was? Beautiful, beautiful. You know, when I saw this, I jumped from my chair. I actually discussed it last week. I didn't understand the shita Ra. I don't see it. Kavua, not kavua. What's the difference? I don't see it. If it's reshus harabim, if it's reshus harabim, what's the difference, moves or doesn't move? That's what Rashi and Rabba argue. Huh? Rashi said that then it wasn't, and now it is. But when Rashi, he goes, the etzem, then it wasn't, people that made it. But now— That's what I'm saying, because Rashi learns it's the people that make it. If the people make it, there's no people there. The Rambam disagrees. The Rambam is learning this nekudah. The Rambam is learning it's the people that make it. Shat, when they walk there, then it became. But then it was. Today it wasn't. No, the opposite. That's your kasha. Why today it is? Because since it's roi for hiluch rabim. So then it becomes like— Let's assume the Rambam holds roi. Rambam doesn't need mamash hiluch. What? No, it wasn't roi because it was מוקף. They moved. They lived like normal people there. I'm saying they lived with houses. It wasn't roi for hiluch rabim. I mean, you could have walked wherever you wanted. Going or steer through reshus harabim. Plus the question: why is something that moves a contradiction to reshus harabim? That's the kasha. The Shitah LaRa says that the reason why we need to be midbar is to teach us this yesod, that even though it's moving, it's called a reshus harabim. And I ask you, why in the world should it make a difference if it's moving or not? It's a difference whether it's moving or not moving, and if it's moving... Moving. The mashal, even if it's moving, it's not kavua. And if it's moving, it is kavua. It's not moving. Yeah. That's what I try to tell you. According to this, you see a bigger side. You see a side over here that the mere fact that they're moving takes through reshus hayachid and makes into reshus harabim.