Shabbos 4a: Klutah K’mi Shehunachah, Makom Arba’ah, and the Laws of Hanachah

Transcript

It must be ... not mamash ... because otherwise Taisvis would have a problem. So you have a different ... Obviously, Taisvis, you have to learn Taisvis ... whatever it is, Taisvis wouldn't be מסתפק about a makom patur if you wanted the word klutz kemei shehu, on the ground, right? Otherwise Taisvis wouldn't have a problem. The fact that he has a problem, the teretz is he's learning that klutz goes through the air and it stays in the air. And since on top of the air it's a makom patur, mimeila his kashya is how can he be chayav a makom patur? Yeah. Taisvis's kashya exactly was that how can the Gemara think for a minute that it's ... if it's a makom patur. That's the ... What's klutz kemei shehu? Isn't the Gemara is מסתפק before, not in the air. If the Rambam is not mechuyav to Taisvis, it's just that in Taisvis you see, according to the Rambam, what's your kashya? According to the Rambam, no problem. You wouldn't have a kashya if it's makom patur on the ground. The fact that Taisvis has a stam ... okay, well, you see from Taisvis that when we talk klutza, it can't be ... it can't be ... comes out that ... Exactly. ... So the ... says that you see from Tosfos the fact that Tosfos says, Ah, makom patur, what's his question? It's to the ground. Obviously Taisvis didn't learn it's to the ground. Taisvis learned it's in the air still, and that's good enough. The question, how can he get enough makom patur? Comes along the ... The question is ... it is, it's involved. ... Come, you know, ... Tosafos, you'll see, he has a whole problem in the Gemara. How could it be, l'maan d'me'amar, ... that's not a kasha according to the way the Rambam understood and the Rach understood. And by the way, remember the rule. The Rach is always who? The Rambam, right? You know that. Whenever you'll find ninety percent of the shots, you have from me in the Rambam. You want to know the way you look at it? It's the way the Rach learns up the Gemara. That's how the Rambam thought, okay? Ninety percent. Here it says the same thing, klutz ... The Rambam over there in ... tells me it's not good. Now, the nekudah is, the nekudah is, according to the Rambam and according to the Rach, this would never be a question, because it's ... b'karka, so what's your kashya ... right? Tosafos holds. Tosafos obviously holds it's in the air, obviously it's in the air, and therefore the question is how can it be chayav ... That's how the ... comes along the Spaler, and he says, You missed the boat. ... This is what he wants to explain. He says like this: Take a look. Whenever you have, yeah, whenever you have something going in the air, right, there's the top of the thing, there's the bottom of the thing. There's the top, and then there's the bottom, right? So the bottom is ... When the thing goes through the air, right, what was bothering Tosafos? It's a ... It's a stira, a contradiction to klutz k'mi shehuncha b'karka. Says the Kli Yakar, it's not a contradiction. You can hold klutz k'mi shehuncha b'karka, but— The mikdash is an American tur. Oh, okay. No. This is because it's the melacha karka, but the cheftz is an American tur. No, no, no, don't say that. You're saying it's an American tur. You gotta say it like the Gemara. You gotta say it. It's still an American tur. Just say the law. Yeah.

I don't know. Type, type. ... I told him to bring it in, to bring it in here. ... Bar. Steve, you can say bar. ... Here again. ... You know what's so beautiful about this? He's trying to say like this, so you can learn that. You ever—who's this ... it is? You don't even know what he's saying here. You know what the word is? Could you imagine, could you imagine that a guy who understands stamps explains to me about a stamp. I look at him, so, and he's like... Elef dollars, yes, brothers. It's a minted 1905 French stamp, Mr. ... Yes? Listen carefully. Yes, listen very. What? He's saying like this, listen. The halacha of kluta, yeah? Yeah. The halacha of kluta, k'mi shehuncha, means that this on the ground, the cheftza is not this. The cheftza is here. So mainly you could learn like the Rach, and you can still have the problem of Tosfos, but it's not a kuntz. You can learn like the Rach, it's on the floor, says ... but at the same time, ... that's how you learn the whole Gemara. ... this I know, you don't know. Now I'm going to tell you, yeah, yesod of this sugya. You ready? When I tell you the yesod of this sugya, now you walk away saying, This is called learning b'iyun. This is called learning havanah, lavin ma shekasuv. Talk to me a minute. What is the halacha of akirah? I'm sorry, what is the halacha of hanachah? Is hanachah sheyehei b'eizeh makom? Is the reason why there's such a thing called a hanachah that it should be called munach פה, or in order for it sheyehei munach, in order for it, it has to stop, right? So therefore the only time it stops is if it's— On something. That's again. Munach here, we don't need hanacha because it has to be here. We need moreches to stop. We're not holding yet. I'm going to speak about it. That's why daled, daled, it has to do through this. Like, wait, tells you, here, here. And you want to know something? If you would have prepared every sugya, you would have taught, you would have enjoyed the same way you enjoy this sugya. Just go with it. We're okay. We're not holding yet. We're not holding yet. We're not holding yet. First I'll explain to you what's the point of munach. Munach, [unclear] does not mean makom. And that's why you're bothered, how could it be in a makom patur and munach over here? And the answer is, munach doesn't mean makom. Munach means that it had to have been stopped. Slowly, slowly. So the halacha of karka could be that something is in a makom patur and it's hanacha. It's hanacha.

Stop. Stopping is before, which is underneath it. We don't need a tirgumim. Now listen to me carefully. Understand what he's saying over here. Comes along Reb Akiva, comes along Reb Akiva, and he says a ... Kluta k'mi shehuncha means what's nogea to the hotza'ah, to taking it out, birshus, don't change because of the halacha. The halacha just makes it a stop. I hold kluta is k'mi shehuncha. Huh? In other words, what's nogea to be in a reshus, what's nogea doesn't need to be stopped. That's what he's trying to say. That's the machlokes ... and Reb Akiva. In other words, in kluta k'mi shehuncha, what Reb Akiva is trying to say is like this: never understand halacha to mean that it has to be over here, otherwise it's not called here, because that's not true. That's just not true, especially according to the Rach and Kemunah Bares. That's not what it means. Akiras and hanacha are there for other reasons. That has nothing to do with the yetziah and hachnasah. It's there for, let's say, according to the chachamim, because the pshat is you need it to be stopped, otherwise it's traveling through, in order for it to be hotza'ah. So it could be pak in one rishus and halachos in a different rishus. Now I'll give you the best example. You ready? Give me the best example. When you walk into an embassy, you walk into the Israeli embassy in America, right? Tell me, are you in Israel? No. What laws do you have? You have all the Israeli laws. Oh, you don't know this? It's a piece of Israeli ground. One hundred percent. Your feet are in New York and you're in Israel. You didn't know this? You don't know that you're in Israel? You don't know? You didn't know that? No. You could walk in if you're an Egyptian. If you're an Egyptian, right, and you shoot a hundred people, you run into the embassy of Egypt, they can't do anything to you. They have to extradite you. If they want to do it, yes. If they want to do it. If they don't want to do it. They could if they want. If they want to do it, let them do it. Good, let them do it. If they want to do their laws, they don't do their own laws anyway. It's Lebanon. Louis XVI, they decide to exit common and misbehave, you want to say, you know what, let's cut your hands off. America won't stop them. You want to know if America will stop them cutting your hands? The answer is no. There'll be a big war. There'll be a big machlokes in America, but they won't be able to do anything. They won't be able to get you out. The king gets you out. You know who tried this? This historian Tanach who tried this. Who tried this? ... You don't show love. You have no idea. Every day they go down, down, down. He has the same thing, ... He went to the ... to get autonomy. You can't kill somebody. He went to the ... That was the whole thing. They pulled him up. They killed him. When you walk in, there's something called asylum. Asylum. Asylum means you run away to a place where I can't go there. You hear me? I can't. I can't get you. That's a place. What? What he said, what? That's right. You can go there. They can't do anything. They can't do anything. They can't do anything to you. They'll be political, but they'll make problems for Israel. Unless Israel gives you up, you think they can steal you? They can't take you out of there. Tell me something. We're here. Blue Tunisia. You feel ahead. Yes.

No, listen carefully. ... Same halacha, same halacha. The minute you run into an embassy of any country, they can't do anything to you. There's nothing they can do. America cannot come in with a policeman and take you out of there. The Israelis are short. They're short. The Israelis told you this. There's Israeli security. They're Israeli. They're ex-Mossad guys. They're from the military. Any guy who walks in can't be sent out. He can't be sent out. But why do we have—listen carefully here. ... Your feet can be here. You are in the makom that you are. How could it be that your feet are here and your head is there? And the answer is because if you understood the hanachah is not for the reshus, the fact that it's munach al hakarka is not because of reshus. It's not because it has to be some this in this possession. It has to be munach, and this makes it munach. So technically, Rabbi Akiva is trying to say, I want to get away with the physical munach and have a munach because of klut, which means in hilchos yetzias reshus, I want it as if it's munach al hakarka. What? There's a klut direct, meaning when something is in the air, I hold it's stopped in the air. Every second it stops and goes. You want to know something? You ever see a sugi called mahalach? ... right? Somebody's going, right? How does he go? You ever see a person—a person who walks nonstop, right? He's walking, right? Let's say a guy walks like this: one, two, three, four. He stops for a second, right, and he's still walking. So how do you look at that? Do you look at that that he's continuously walking, or do we look at it that he stops and walked and stopped and walked? Nekudah, olam. Nekudah is the same nekudah. You can't say he didn't stop here, because it was here. It could have been for one minute. You know, a guy throws a ball. For 25 seconds it was here, but it's continuously going from here. That's nekudah. Legabei hilchos hanacha, we want to know where is the hanacha, and the teretz is, legabei hanacha it's k'mo l'chalakah. Because there's halachos by... Even if you walk, it's the same thing. They're walking, it's the same thing, but walking also stops you walking. As long as... we'll talk about it once. It's not yad, this is strong. That's because of the... I mean, you don't care. You should want it there, you know? You don't want it there. You see in hilchos Shabbos, you don't care so much. Why are you coming to say some...? Now you're asking a side question. Yeah, you're asking hilchos Shabbos. I didn't care. No, you say good, ... nekudah. I didn't care for it to go from one. I just wanted to go from here to there and grab. Rather, it went through. So let's go ... something and to the question. You know who asked such a question? Who do you think asked such a question? There's one ... asked such a question. No? The Tosafos Chaim, no? This typical Tosafos Chaim's question. I'll look it up. I'll look for it. It's a side point. That's Reb Chaim, that's Reb Nachum Zemba. ... He was ... in the war, so get him. ... Okay, now. Okay, so let's go further. Okay, so we're through the Kilas Yaakov and the yesod of the Kilas Yaakov.

Is halachah is not for what, for reshus, because it's halachos for reshus. Eliezer, could you come and say that it's in one hanachah over here and it's in some other reshus? No. Halachah is halachah and halachah. Okay. Lefi zeh, I start to understand klutah k'mi shehuncha. I started to ask you, what are we, shogegin, anachnu Muslamimim? Yeah, I'm sorry. I said, you know, we know what we're talking about. How could you come and say klutah k'mi shehuncha? I know the teretz is, if you understood huncha not munach, but it's shev, nach, so to speak, it's here. So דין should be here. The akiva is trying to mechadesh, it is here. Klutah here means to stop. Maybe here means to what? Here is enough if it goes through the air too. So where munach doesn't mean what we think, to put on something. It should be here. Okay, yeah? Now, the Gemara continues. The next Gemara says, Gemara: Rav Kiva. Gemara says, Hu d'halachah, halachah is Rav Kiva, that he says, ... makom davui. Kipshutai, mah muchach miGemara zu b'inyan shelofeinu b'geder klutah k'mi shehuncha? And the teretz is very poshut. If you learn—notice what does the Gemara say? It's Rav Kiva, and Rav Kiva holds you don't need akirah al makom davui. If you learn that you don't need akirah, then I understand what the Gemara is trying to say: loi b'inan akirah, makom daled. But if you learn that it is kemunah al hakarka, sous loi b'inan akirah, makom daled; you have it. But it's pashut pshat in the Gemara. The way you read the Gemara—you with me? You with me? Yeah? The Gemara, the Gemara could be used. Who is it? It must be Reb Akiva. Reb Akiva said, loi b'inan makom daled, daled, right? Says Gemara, what's the hesber? The hesber is because kluta k'mi shehuncha. I don't understand. Kluta k'mi shehuncha means you don't need makom daled. Who says? Okay. Kluta k'mi shehuncha, and therefore you have makom daled, daled. Let's see. The Gemara mashicha, ha man d'Reb Akiva d'amar loi b'inan... So people still... What do you mean? If you hold it's like on the floor, so you have daled, daled, no? The floor is four daled, daled. What do you want? Yeah, what do you want? Yeah. So what's the Gemara saying Reb Akiva, that loi b'inan? Maybe b'inan akirah, makom daled, daled, but you have it. And I ask you a kasha: if you learn that kluta is kemunah al hakarka, right? So is it the same thing as saying loi b'inan akirah, makom daled, daled, or you do need makom daled and you have it? You have—I mean, they don't go together. Kluta k'mi shehuncha bkarka is loi b'inan; that's not true. The ... Reb Akiva, ... Good. The Gemara ... Hamani Reb Akiva. Go ahead. No, no, no, no, no. Hamani Reb Akiva. Then he says, Loi bina makom daled. Pshutei, mai muchach miGemara זו? The answer is, it's muchach that you called, but you don't need an hanachah. And since you don't need an hanachah, so then the question of the Gemara is, loi bina — so then Reb Akiva is the right man d'amar for this, that you don't need an hanachah, right? But if you learn — you'll see whatever it is — if you learn it's not on the ground at all, so then I don't see Reb Akiva, right? Reb Akiva is the one that says, loi bina; you don't need the whole thing. But if you learn putik klim, and it's on the ground, so it's not a routine anymore. What's the Gemara mean, Reb Akiva? Okay. So, how do ...? Eich yifarnesu — that's the next question — eich yifarnesu? Veyilmedu our Gemara זו, Hamani Reb Akiva d'amar. So the answer is, kipshutai, and the answer also is afilu. So kipshutai, you say very pashut. Okay, tell me, we have to go a little quick. We have to finish. Yifarnesu — how are we going to learn? I have to pick up my ... Yifarnesu means — I can leave it one-third, you know, if I leave ...

Bothers me. Let's ... one third. I'll leave one third. There's one less second. Come, ready? ... You hear? The ... Gemara ... I'm going to keep an answer very pashut. Kipshutai, what's the Gemara say? The Gemara says damya, which means even on the side that it's karka, it's only damya anyway, right? But meila, that's why you can still have, like, the rach, you can still have, like, the rachis b'karka, and the Gemara, it's not real, it's not real anyway, and you can learn it ... yeah, you can learn ... not a kasha. ... be careful. I love this. Be careful. If you learn, you hear, the way I explain to you, tells Rashi, if you say a ... by your ... you hear, you speak to me, they're gonna think you mamish ... door. And you can say it over in your name, I don't care. You can say it over in your name, I don't care. They don't understand. He's gonna have the ... guys coming over there. They're gonna take him apart by ... They don't let you speak, man. Take you apart over there. You have to be careful. He's getting nervous already, starting to get scared. No, I allow things. I'll be ... simple, get on the mic, I'll say it to you. Just listen carefully, yeah? What's the kasha? If you learn ... that it's on the floor, yeah, no. That is the whole thing of karka is only domed to karka. It's not real anyway. That's what ... means, ... You don't need it anyway, right? It's only domed. ... But if you learn ... on the karka, what are you talking about? You know, the teretz is, listen here. When we say akirah for halachos, ... What's the pshat in the daled amos? If you learn, because halacha has to be in a makom, and the makom has to be daled amos, then you can come and say, you have ... here, it's not, right? If you learn like I said before, it's not even weird. It has to be put down somewhere, and the daled amos is ... to be called a makom to let it stop. So even if you'll say keluta k'mi shehuncha, the problem is that it's not daled amos. That's the Gemara's kasha. Keluta is k'mi shehuncha. Huncha means it's on the floor. But you know, the problem is we never needed daled amos for the floor. We needed daled amos to be a makom to make your ... But then you don't need that even. Let me ... again. You don't need that if you learn that the makom daled amos is if you have a hanacha in another place, so it's a contradiction to keluta. Keluta means, keluta means it's in the air, and it means, what we look at is on the ground. So then it's weird here on the ground, so don't come and tell me it's not ... If you learn the man, if you learn that the makom daled al daled is, that the pshat is that the hanacha was done to this place, then the problem is you can't come and tell me that it's not to this place, because it was to this place. That's one. So then you have daled al daled. So we keep on talking about, right? Yes. If it's closed, you don't have daled al daled. If it's on the floor—question, it's on the floor. It's on the floor, so then you can't come and tell me that you don't—it's here. It's on the floor. It's on the floor. What do you want? This, hold it up in the air. Hold it like this. Hold it, anybody should see. This looks like it's this. You know what it is? It's this. If you learn it's damya, okay, says Rabbi Akiva, you don't really need the floor, okay. But if you learn it's mamash there, so what's Rabbi Akiva saying? You have it. Yeah, what are you talking about? The teretz is very pashut. When we say kluta k'mi shehuncha, I have the hanacha, but you're lacking the chashivus of daled al daled to make this hanacha a hanacha. No, you don't have it. See, that's the nekudah. You can have something munach. You can have something munach, but it doesn't have to be al daled al daled. What Rabbi Akiva was learning is—

Is that this kluta, the meisha humcha, will give it the halacha, but it's going to lack in the dollar al dollar. Why? Because we're looking at, side by side, where is it? It's in the air, and it's not on the dollar al dollar. Somehow that it's a distraction. It's chavit rami. That's what we see from the sugya. We see from this sugya that for some reason, for some reason, even after everything's said and done, that it's on the floor, whatever it is, it doesn't have the dollar al dollar that it needs from the floor. What's the pshat? What's the teretz? Because you have to understand, when we say it was munach, I never told you that it was in this place, because this place is very big. This place is more than dollar al dollar. Definitely not. All I said was is that it's called stopped. It was nach. Then the question is, ... that's dollar al dollar. That's... I said even with the makom, how does the stipler explain to me? It's a din of chavit rami. It's this halacha. So the chavit rami is not going to give me more than the dollar al dollar, more than the halacha. It's not going to give me the dollar al dollar. It's going to give me that it seems that it's nach, but not more than that. If the dollar al dollar is for the reshus, then you have a question: what do you mean it's on the floor? It's in that reshus. The maaseh's in the floor, but it's not for the reshus anyway. All it is is chavit rami, and it goes down, it's as if it's resting. Yet l'maaseh, on what is it resting? Maaseh clear. So therefore, the Gemara is saying is, in chashivus of hanacha you don't have. In the chashivus of hanacha you have, but not in the chashivus of what we call a munach, you don't have. It lacks in the halacha, since like that. That's what the Gemara means by dollar al dollar. If you learn in a halacha, makom dollar al dollar, then it's nach, dollar al dollar. That's pashut. Pashut on the Gemara. And by the way, they say this all... This is everybody says pashut. Let me tell you halacha for tomorrow. It's very shayach that the Rabbanan hold, halacha, you need halacha daled al daled, and they still are maskim. You know why? No. Because you can learn, like, you can learn the Rabbanan hold, they argue include the kemisha. I'm sorry. In other words, daled al daled. Don't say, why can't you say that? That's the machlokes. Why do you have to say they argue include the kemisha? Who says? Tosafos argues include kemisha. Who says you can make it up? Maybe they're arguing with kemisha daled al daled. D'ma she'omrim, the hamani Rabbi Akiva. Mashma the Chachamim פליגי, right? When the Gemara says mani, who is it? It's Rabbi Akiva, right? Right? Hamani Rabbi Akiva. Right? You with me, bagger? You with me? Right? Hamani Rabbi Akiva. Rabbi Akiva says, mina makom daled al daled. Sho'alim kol hameforshim, mah nirtzah l'hasbir mi zeh, shenistama Rabbi Akiva sover include kemisha oncha dami, and the Rabbanan hold it's not include kemisha oncha. Sho'el Rabbi Akiva eiger: haram, mashal, v'kulam sho'alim osah she'eilah, how do you know that the mani Rabbi Akiva, that holds makom daled al daled, you could come and say really it's the Rabbanan also, and we just don't hold include kemisha oncha? Because what is the Gemara's kushya? Gemara says, hamani? It's Rabbi Akiva. Rabbi Akiva says... You need lo ibainan mamon daled daled, says the Gemara. Well, who is that? That's the shita of Kluta k'mi shehuncha, right? So then it comes out that even the Rabbanan hold you don't need makom daled daled; it's just the whole Kluta k'mi shehuncha. Because in the cheshbon of the Gemara, it's still shayach that the Rabbanan could hold that you don't need mamon daled daled also, because they don't hold of Kluta k'mi shehuncha, right? You get a kasha. How do you learn the Gemara? Because it's very straight. What? Our case is not kluta. You know what I'm saying? Hol money or the kirah. You don't need daled daled, so it's Rabbanan also. There's no kluta. Yad and kluta are not domeh to each other. What's yad and kluta? The Gemara wants a daled al daled. You don't need daled al daled. You don't need hanacha daled al daled. Says the Gemara, who is that? That must be Rabbi Akiva.

That he holds klutz kemisha honcho. So once you say that, then you can say like this: the Rabbanan also hold you need daled daled, but they don't hold the klutz kemisha honcho. So the machlokes are, according to the Rabbanan it could just be about klutz kemisha honcho, that's all. And therefore, well, now a case will be a case, regular halacha. Question: you don't have daled daled. Maybe Rabbanan agree with that. This is the kasha that all the mefarshim ask: ... and the Maharan, ... In other words, you're right, it could be that it's also chachamim, but it's definitely Rabbi Akiva. Comes Rabbi Akiva, who holds klutz kemisha honcho, he must hold you need daled daled. Do you know for sure Rabbi Akiva? I think it's Rabbi Akiva. ... that's for sure. In other words, it could also be the chachamim, but you don't have a raya. But you do have a raya that it's Rabbi Akiva, right? It must be Rabbi Akiva holds that you don't need daled daled because he holds klutz kemisha honcho, right? And meileh, if he holds klutz kemisha honcho, therefore he must be the Tanna of the Mishnah. Could it also be the chachamim? Yeah, who said not? It could work out with chachamim, but there's no raya. That's all. That's how Rabbi Akiva Eiger learns the Gemara's kashya: ha mani? Rabbi Akiva. It's very possible to say. That even Rabbanan hold you need daled al daled. Even Rabbanan hold you don't need daled al daled. I, what's machlokes Reb Akiva? It's only about kluto. They don't hold of kluto. Good. But daled al daled they all agree that you need, but you don't need. And once you hold that, then it could be even her money, Rabbanan. That's your kasha. The only Gemara means how money Rabbanan is, who's it for sure? It's for surely Reb Akiva. It could also be the Chacham, right? Reb Akiva holds kluto k'mi shehuncha, must hold that you don't need hanacha on makom daled al daled, right? Good? Okay. Says the Maharsha different teretz. Here, mahu kushya Saran—I'm sorry, mahu kushya Saran. The Tosafos on Beitzah, ... she'ein shayach din kipeidus hanacha al makom daled birshus harabim. Ha'memanefshach, אי שים על הקרקע, vadai have daled, mimeila. V'אי שים על עמוד, the less daled have a makom patur. Be'er heitev, mahu kushya from the Rishonim. The Ran and the Tosafos on Beitzah, so he has a she'eilah. If you have—what do you need? You need a hanacha al makom daled, right? Birshus harabim. No? What does the Gemara say? Be'hinachana al makom daled. So Tosafos on the Beitzah has a very interesting she'eilah. What else would it be? I mean, how else do you want it to be? If you put it on the floor, then every floor in the world is daled. It has to be, right? Because otherwise, where are you? You're in the air? I mean, there's a little island less than daled al daled. Which karka in the world is less than daled al daled? There's no such thing, right? Make a—whatever place, there's no such thing as a place less than daled al daled, then you wouldn't be there. Oh, so one sec. So let's see the case, right? Ela mai, you put it on and onwards on something which is less than daled. Then it's ... makom ptur. It's never, again, halacha. This field. There's only—what else? I'm telling you, a stick less than ten is a stick less than ten. The manafshach, if it's under three and it's on the ground. I mean, it's not a gemifing. This whole halacha of daled, daled doesn't come halacha l'Moshe. Anything between three and ten, if it's less than four, it becomes a makom ptur. A fire hydrant is a makom ptur. Anything which is less than daled, daled is a makom ptur. There's no metzius. There's no such case. So why are you kashrus? This, the whole Gemara wants to know: do you need daled al daled or you don't need daled? Says Tosafos, not a gemifing. It is, that's halacha. Anything which is less than daled—any amud in a reshus harabim less than daled, anything is a makom ptur, no? That's the law. This, this, this is in the reshus harabim is a makom ptur. Yeah, this, if this would be in the reshus harabim, it's a makom ptur. That's halacha. It doesn't make a difference. That's halacha, no?

Yes, that's a halachah. What should I do? The halachah is, every entity that's in a reshus harabim which doesn't have a makom daled al daled, because of makom patur, ... I agree. What do you, again, what do you want from me? Let it's attached. Let's say it can even be. Well, you got an amud doesn't have to be attached. Then it'd be ... That's a halachah. Again, ask me one more time. Yes. That's a halachah. Okay, you know, take out the picture. Bring me a picture. So what should I do? It doesn't make sense. That's not halachah. Huh? ... All these cases of ... A, B, C, D, all this makom patur. Go. The bottom line is, you know, so the daled al daled stuff again, right? I mean, there's no case. What's your case of daled al daled? There's no such story. This is the Rishonim's kasha. Again, ma'al kushya is the Rishonim. Here, the Tosafos, dibur hamaschil bi'lan. You see, on the page you'll see a very nice Tosafos. Bi'lan, yeah. Bi'lan ha'omed birshus hayachid. So Tosafos goes through the whole thing of daled al daled. There's no such thing as a reshus harabim called daled al daled, okay? So he says, ha, another ... okay, another ... Isuma lakarka, if he puts it on the floor, everybody has a dollar in the meilah. If he issuma al amud, the last dollar have a makom patur. But erecheit, mahu kushya, so Rishonim say. So there's nothing to do about erecheit; that's a kasha. The Rishonim's kasha is that there's no such metzius. There's no such metzius. Ma'ot tirah around the reshus ha-yachid b'shem Rashi. So the Ran asks this kasha, and he gives two terutzim. He's talking about baal chai, goy begedol. You have a baal chai that's higher than three, doesn't become batel to the karka. Doesn't become batel to the karka, but at the same time, it's not a makom patur. A baal chai doesn't become a makom patur. Special laws. There are laws. But laws. That a baal chai does not become a makom patur. Can't say that baal chai doesn't have... a baal chai doesn't have a din of makom patur. Huh? I understand that could have been the case, but then that's the whole shaila of the sugya. That's the shaila of the sugya in hand. You don't know. The other shaila is daled al daled. That's that sugya. Okay, now. So then he says, your case, your case here, amud tes, the Ran mekatzer. If you have an amud tes, the Ran mekatzer, it doesn't have a din of makom patur. Now, I don't want to go through the halachos. This is what it is. If you have these... the kids, all I try to bring out, amud tes, you have a beam that's tes, and Ran mekatzer means everybody's standing there and touching it and standing over it, so then the halacha is that it doesn't have a shem makom patur. All I'm trying to bring out from this Ran is the cases, that the Ran learned that it's cases. The Ran said, it's this case, baal chai, it's very funny. Now it comes out that the whole shaila of makom daled al daled is only l'gabei, I put on an animal, I put it on a makom, otherwise there's no story. Okay. Maharsha comes along and he says a whole different pshat. He says, you know what the dafke mean is? L'gabei kelutah, k'mi shehuncha. So, the yesod. So, but the side of the Gemara is, l'gabei kluta, k'mi shehuncha, right? Ah, taseh. Meaning, when does the Gemara declare that you need a makom? Are you with me? You're not seeing, huh? I see the... You're not today. What's wrong? Yeah, you're seeing, but what's the Ran's kashya? What's the Rishonim's kashya? Not today, not today. Okay. You know, Reb Akiva Eiger's kashya we started with? What's Reb Akiva Eiger's kashya? Let's take it. I don't know. You could hold that you don't need daled al daled, right? I mean, in other words, he could hold kluta k'mi shehuncha. He could hold kluta is not k'mi shehuncha. So even the Rabbanan hold kluta is not k'mi shehuncha. Doesn't mean if I put it down less than daled, it's not called hanacha; one is not, the other. Says Reb Akiva Eiger, that's true, that was the... says Reb Akiva Eiger, no, no, no. Says Reb Akiva Eiger that what? What's the teretz? Because according to... you know for sure he has to hold daled al daled, because you can't hold kluta... Okay? Okay, good. Then we said like this.

The Rav, all shuls have a problem. What's their problem? How could you ever have a sukkah called daled al daled, where, what is it, l'gabei, klapi daled al daled b'chutz, the reshus harabim? There's no such thing in reshus. It wouldn't be that, huh? So they can't have a makom patur in the house, and that could be a sukkah, right? I could put it on something in the house which is less than daled al daled, right? Because I could put it on an amud in the house. I put it on something in the house that's less than daled. But that's the whole kasha. But how do you ever have that kiur and hanacha? You don't have the two sugyas. That's the kasha, right? That's the kasha. You don't have them both in the same place. Bishlama in the reshus hayachid you have, but in reshus harabim, the sugya is never nogea, because in reshus harabim, if either the karka or it's an amud, if it's either a makom patur, you don't have it. Good? It's very simple. You never have that kiur from a makom daled to hanacha makom daled, and then you should have a question: do you need daled? Because in the reshus hayachid you could have like this. Either I put it on the floor, which is definitely daled, or I put it, you know where? I put it on something. Now that chair is not a makom patur, because we can't have a makom patur in reshus hayachid. Therefore the question is, does it have to be daled? Nice question. But on the akirah of it, which means you came from the reshus, you always have daled al daled. So what's the shaylah? You need makom daled from a makom patur. What's the question? And the same thing the opposite. Let's say you did akirah from the reshus hayachid, so again you don't have a question about hanachah. There's no— you never have it together. That's the Rishonim's kashya. So the answer, Rishonim, you're right, there are cases you could have it, because not everything is a makom patur. A balcony is not a makom patur. That's a sugya later. What's a daled by a makom patur? I don't even want to get into the hand. The hand is our sugya already. Mimeila the question, mimeila the question. The Mishnah אומרת, the Mishnah itself. Why? Because you can have, in reshus harabim, something which is called a makom patur. That's— I'm sorry, something which is not called a makom patur even though it's a daled by daled. So what is that? Nothing becomes— that's the question. Since it's not daled by daled, is it called a hanachah? That's the kashya. Okay, so not these cases. These cases are makom paturs. The case Rishonim are saying, the animal or the— you'll see the Rambam brings in the ra'ayah. Yes, the kashya brings the ra'ayah. Okay, now everybody open up the mashal. Let's see how the mashal— huh? Let's see the mashal inside. You know how? ... shecomes out that you never have a case that you need makom daled bishus harabim. There's no such case. ... The teretz is true, you have a nafka mina if you'll say kluta. Meaning, if you need makom daled, then you won't say kluta, because kluta doesn't happen. And if you don't need makom daled, then you would say kluta. Kluta only works because there is no makom daled. No, kluta only works if you don't need a makom daled. Right? This is the mashal's teretz. You know when you need daled al daled for, for kluta k'mi shehuncha. If you learn that it's the daled al daled that you need it, then kluta won't work. Exact opposite, R' Akiva. You see here, machlokes R' Akiva and the Mashal. That's what you see here. Because R' Akiva was learning that you could have kluta, you could still hold kluta k'mi shehuncha, and still you don't need daled al daled. No, the exact opposite, the Mashal. They're arguing. But R' Akiva is learning that even the Rabbanan, who don't hold of kluta, right, they'll still hold that you don't need a makom daled al daled. You don't need makom daled al daled, right? The Mashal is saying no, that if you hold kluta, then you need daled al daled. That you need daled al daled, maybe, yes or no, we don't know. Tzarich in the Rishut HaYachid, tzarich in the Rishut HaRabim for the akirah and the hanachah, right? It has to work both ways. Does anybody disagree with that, that we just read this Gemara? We just read it. Akirah and hanachah have to be from what? From akirah and hanachah.

Makom daled to makom daled, says Reb Akiva, no, you don't need it. And the Chachamim seem to say you do need it, right? Okay. Comes along the Rishonim, and they have a very simple question. Every time you look at the reshus harabim, you never have the shiur. It can never be a question of you need daled al daled, because anyway, daled al daled. Every street, every reshus harabim cannot be less than daled al daled. There's no such thing. There's no such metzius. There has to be somebody—I mean, you have to be—if you are there, it's already daled al daled. No. Tell me something. What does a reshus harabim mean? It has measurements, a reshus harabim. Go see the ... reshus harabim. Public domain has to be already daled al daled, so the whole sugya doesn't start. Ela mai, he picked it up from a hydrant, a little tree, a stone. That's makom patur then. So anyway, you're not chayav. So what's the sugya? To murder you. You want to know something? Certain kashas, the Rishonim take you by the neck and they choke you. They choke you. Now you got the question. Now you got the question. There's a kasha that chokes you to death. What are you talking about? What does the Gemara say? You need akirah and hanachah, right? You don't have it. There's no such metzius. The Gemara's case can't be. The Gemara, when the Gemara wants to know if you need akirah and hanachah from a makom daled, it doesn't exist, because akirah and hanachah means one from the reshus harabim, one from the reshus hayachid, and the reshus harabim is never a sugya. There's never such a machlokes. There's no machlokes. You can't be arguing if you need it or you don't need it; you have it anyway. Any case, so whatever it is, one of them is reshus harabim. Yeah, yeah. Not our story. The Gemara, beinah labeinah. Akirah and hanachah from a daled al daled. Automatically, you have a reshus harabim. One, yitumar shus harabim is not a question. It's not a sugya. So that's the kasha: you have to pick it up from the street till you have a dollar, a dollar. So then you put it into reshus harabim though, right? Again, you don't... Either way, one of them has not a question about daled amos. Gemara brings different. How don't you talk about it? The Gemara says, akirah and hanacha, from ve'ino akirah and hanacha me'al makom daled. And it's a machlokes between Rabbanan and Rabbi Akiva. There's no such machlokes. No such thing. It doesn't exist. Again, but the Gemara says it both ways: akirah and hanacha, the Gemara says. And they say wild cases. You hear those cases? I put on an animal. Animal. Animal. Sounds like my kids, an animal. An animal, you hear? Or it's a case, an amutes, which is Rav Mekatzrin, which is hilchos ervah. I don't even want to get into it. It's cases of meshuyos. Now, Chazal ... I don't know what you're talking about. Simple case: kluta k'mi shehuncha. Is that a gemara? No. If you hold you need daled al daled reshus harabim, then kluta will not work. And if you hold you don't need it, it will work. It's both. It can go one without the other. In other words, if you hold that you need daled al daled, then you can't hold of kluta. That's for sure. And if you hold you don't need kluta, then it will work. If you hold you don't need daled, then it would work. That's what he wants to say. Rav Kiveiger says clearly, Rav Kiveiger is trying to say that the two machlokes have nothing to do with each other, and he puts them together. He's saying not that way. Rav Kiveiger is trying to say that the machlokes of kluta has nothing to do. You can still hold, right? You can still hold kluta k'mi shehuncha and hold you don't need daled. You can still hold kluta k'loy shemishuncha, you don't need daled.

It's not tolis b'zeh. That's Rebbi Akiva Eiger, right? Mashal comes along and says it is tolis b'zeh. Rebbi Akiva Eiger must have learned, obviously, it's obvious, Rebbi Akiva Eiger learned that the kluta and the daled amos have nothing to do with each other. You know why? Because kluta was never karka. The sugya of kluta was never karka. And the tzad of the Rabbanan don't hold of kluta. The pshat is they learned kluta, that it's b'avir anyway. So therefore it has nothing to do with the ground. Exactly. That's why. That's the pshat. Exactly. Mashal obviously is learning that there's no way out of it. If you learn kluta, then it has to be that you don't need daled. And if you don't hold of kluta, right, because you hold of daled. That's what he says, the Mashal. That's what he says, right? So what's the pshat? Because the Mashal was learning that kluta means it's on the ground. Once you learn it's on the ground, then you're tied up to the sugya of daled amos. Like we learned before. That's exactly what I'm showing you. Exactly. Rebbi Akiva learned this b'avir, so one has nothing to do with the other. He can learn... Say this over, but don't think you're the biggest Rosh Yeshiva in the world. Say it over. Say it over. Mistader, mistader. Imarsha biarnu bgeder hadin kluta. That's where it is. Explain it, okay? He explained that the hadas is the same svara, that obviously he learns his bikaka, and since he learns his bikaka, so then that's enough. Give me the dollars; there's no other way to learn. Okay. Now I want to learn with you a little bit over here. I'll show you back to the Gemara here. The Gemara says like this: Aval l'mata miyud, right? D'riaka, kluta k'mi shehuncha. So, says Tosafos, let's see if you understood the Tosafos. K'shacheifetz b'yado shel ani, when the cheftz is b'yado shel ani o shel baal habayis — Tosafos, aval, the second one. You see I wrote on the sheet, aval hasheni, the second one. It says what? K'shacheifetz b'yado shel ani o shel baal habayis lo shayich kluta. Tosafos says it's not possible to say kluta. One is in the hand. Kluta is when it's b'avir; kluta is not when it's in the hand. D'ke'shenoisen baal habayis l'toch yadoi v'hotzi, lo mechayev, because if you learn kluta, even in the hand, the moment the guy took it out, he should be chayev for akirah, for hanachah. The baal habayis picked it up; he took it out, so before he even gave it to the hand of the ani. So what's bothering Tosafos? Very simple. If you hold kluta k'mi shehuncha, then every time a guy sticks his hand out, he's chayev. Yeah, yeah. Tosafos says, so what do we see from here? That obviously we don't say kluta when it's in the hand. So look at the question number one. Now, divrei Tosafos, aval ha'sheni, b'ma shekasav d'ksacheifes b'yado shel ami lo sayach klum. The lama kosav kein? And the answer is very simple, because you—there's otherwise doesn't make sense. There's no Mishnah. The Mishnah says he picked it up in the store and he took it out, klutah k'mi shehunchah, chayav. I picked it up and I took it out. Oh, that's it, klutah k'mi shehunchah, you put it down. So obviously we don't say klutah k'mi shehunchah where? What? In the hand. Klutah is when I threw the ball. I threw it, not in my hand. That's Tosafos chiddush. Now, Rebbi Akiva Eiger. Now how do you know there's a Rebbi Akiva Eiger on this? Let's see if you know how to learn. How do you know there's a Rebbi Akiva Eiger on this? How do you know? The star. You see that little dot over there? You see the dot? Show everybody the dot. If it's a dot in the middle of a forehead, then you know the guy's Indian. He's from Pakistan. But if the dot is in the middle of the Tosafos, you know they say the dot is for target practice. The kid says, Let us tell you, the dot's in the middle of the Tosafos. What is it?

Said, you know, there's a bulzai. What's the bulzai? It's Reb Akiva Eiger shooting Tosafos. That's chapter one. Reb Akiva Eiger is ready to shoot Tosafos. So let's see Tosafos. What does Reb Akiva Eiger say? You saw it? You saw it? Look at Tosafos. Divrei ha-maschil l'matah, ksacheves b'yado, ayin l'il, tzadik beis, Tosafos, divrei ha-maschil. What does he want? What does Reb Akiva Eiger want? Okay. How'd you know? Ayin l'il. He's asking a very big kasha. Tosafos over there brings from Reb Elchanan — not Reb Elchanan Wasserman, but Reb Elchanan, ba'alei haTosafos, Reb Elchanan ba'alei haTosafos — asks the same question as Rabbeinu Tam over here. But you know what's funny? Says Reb Akiva Eiger, gives a different teretz. Gives a different answer. Yad basar gufoi greira. Finished. Yad basar gufoi greira. That was the klutza. No, it wasn't there. Different answer. So ayin l'il, Reb Akiva Eiger. And by the way, those who are good in Torahs Reb Akiva Eiger, in the mareh mekomos, he has a whole mareh makom in this sugya. And part of his Torah is, lefi Tosafos here, lefi Tosafos, two different Tosafos. But Tosafos over here learns that there's no klutza. Why? Because it's in the hand of the ani. And over here he says, you know why there's no klutza? Because — argues, he goes back. Now the truth is, if you really want to be a smart aleck... You want to be an ish emes, an honest guy, even though it's not a contradiction. You know it's not a contradiction, because Yaakov was ish tam yoshev ohalim, and he was a pretty big smart aleck, right? He wasn't a fool, right? So if you really want, you could always come and say it really is all the same taich. Tell me, why can't you learn a Tosafos? That's what it means over here. Yeah? What's Tosafos? When it's in the hands of the Rishonim, we don't say klutz. You know why? Because... What's so... What's so... But for some reason didn't like it. I guess maybe the words of Tosafos, because... ...baal habayis... ...the hand that... I don't know. ...Yeah, I don't know. ...felt that in this Tosafos it means a different svara. Maybe, maybe think you have to go with... Right? ...Yeah, I say that's... Yeah, but I'm saying who says he's not saying that? Who says that's—maybe that's the reason of Tosafos. Huh? Yeah, because the... No, no, no, that's nothing, because the... it's not shayach klutz. Yeah, so if we can't say klutz, because there's no din klutz because the... What is Tosafos not—what is Tosafos leaving out here that you have to kill him and say it's not like the Tosafos over there? What do you say already? What does Tosafos say already? Some reason Reb Kiveiger obviously understands two different tosfos. So why does it doesn't answer the same answer? He does answer the same. Who said not? Where do you see it? That's the question. That's our question. It's a different thing. He's just telling you, he's telling you the fact over here. He's telling you the reason. The fact is, kluta doesn't work when it's in the hands. Right? That's the fact. So it could be the reason is because of gufei gira. Who said not? Yes. Whereas Reb Kiveiger makes it two different. Okay. Now, the kasha. So how does he write this? Reb Kiveiger ... Now. So again, בגמרא ... תוספות ... And the answer is, is it because of basar gufei gira, or it's because in the yad it's not shayach kluta? Mahu biur ha-machlokes? What are they arguing? Yes. Tosfos there says it's basar gufei, and over here Tosfos says it's no kluta. I mean, it is a difference.

But the question is, what are they arguing in? I'm not going to say they're arguing this. You know what they're arguing in? Avada, avada, say this over. You're שבע ברכות, stop being a moron. Say this over. Maybe, tells Rishiva, you talk to the point. Hear what he's saying? Tells Rishiva. Write it over in his name. Say it over. Tells Rishiva. Ma u'bia machloikes? Machloikes is so poshut now. You know what the machloikes is? If you learn that kluta is k'mi shehuncha al hakarka, don't tell me what's in your yad is k'mi shehuncha al hakarka. He took it. What do you talk? How can it be b'yad? That's what Tosfos says: since it's in the hand of the baal habas, it's not kluta. Kluta is when it's in the air. We could say it's on the ground, but not if it's in your hands. If something is on a makom patur in a reshus harabim, are we going to say kluta? No, it's in the hand. It is somewhere already. Yeah? Yeah, yeah, yeah. If you learn kluta is on the ground, then Tosfos is saying beautiful. Once it's in your hand, it can't be called on the ground. But if you learn kluta means you never needed to be on the ground, as long as it's in that reshus, that's why Tosfos over there says bas gufa greira; it's a different reshus. It goes back to the old reshus. That's what they're arguing. That's how you learn. That's called knowing how to learn. This is when you know how to learn, you talk like this. Therefore it's no good. My takei, Tosfos over there learns kluta is in the air, so therefore you have to have a different sevara. The sevara is it's not in reshus harabim, it's in reshus hayachid. It's good, it's good. ... better than lunch, no. You know how to learn. Why not? Because the hand is still inside. So I'm asking like this: why are they arguing? The teretz is very pashut. I would תמיד learn, klutah k'mi shehuncha means it's on the ground. Could it be on the ground if it's in my hand? No. No. Therefore it has to be only when it's in the air we can say it's on the ground. I'm telling you that's what Tosafos is saying. It's mamash on the ground. And if it's mamash on the ground, klutah can't work. I'm telling you, Tosafos learned klutah k'mi shehuncha means it's on the floor. So therefore Tosafos says it can't be klutah when it's in the hand of the baal habas. Mah she'enkein over there, Tosafos, you don't need the ground. It means just you don't need the hanachah on the floor to be called in this reshus. She could learn like Tosafos. Yes, he has to come with a different teretz. What's his other teretz? It's not a different reshus either anymore. Floor. Floor. There's no other way to learn it. It's pashut pshat. But there, Tosafos over there learns that the sugya is you don't need hanachah on that other karka, as long as it went into another reshus, it's called in another reshus. Therefore Tosafos says, bosa gufei grair. We go back to the old reshus. Okay, smart. Tosafos says you don't need klutah on the ground. Klutah is never on the ground. So therefore it could have been in your hand also in a different reshus, because it's as though your hand is somewhere else. On this Tosafos says, but it's not somewhere else. It goes back. Could you give me two more minutes? I'll tell you why. I want to learn with you the Rashi now inside. Okay, you ready? Let's do the two Rashis inside. What? Yes. Yes, that's the chiddush. That is the chiddush. Okay, we're going to Rashi like this. What was ...? Says Rashi. Read the Rashi. You ready? Says Rashi, the havi chashuv. This is called what? Chashuv, here. Lemehave hanachahto. Look, Rashi, come. Lehave hanachahto, hanachah. In order that the hanachah should be called what? Hanachah. Akirato, akirah. V'yado lav makom daled hu. A person's hand is not a makom daled, you hear? The Gemara ... bein la'akirah bein la'hanachah. We see that it works for the akirah and for the hanachah, right?

Let me ask you a question. Why is it negea to Rashi to prove the halacha and the akirah from the Mishnah? I mean, what does Rashi want with the Mishnah? I mean, the Gemara wants it like this: amai chayiv? Well, b'einan akirah v'hanachah al gabei makom daled. And Rashi explains, l'havi chashuv, l'mehavei hanachah, hanachah, to make the hanachah called a hanachah and the akirah to be called an akirah. And then Rashi—what, 'tani lamasnisan'? What is Rashi adding? I mean, that's the Gemara. I mean, that's how we started the Gemara. And the Mishnah is teaching us—I mean, that's... Again, listen, when you read the Rashi, Rashi is totally not needed after these words, the 'katani lamasnisan.' You hear the problem? When you read it—who says we go around the cheftza? Since it's like it's on the floor, so therefore when it's in my hand, we can't—since we look at it on the floor, when it's in my hand it can't be on the floor. So the only time it's on the floor is when it's in the air. You hear? This Rashi—the Gemara wants to know how could you ever be chayiv, right? Peshita, ani yetziaso, amai chayiv? V'b'einan akirah v'hanachah al gabei makom daled. Ki'ilu he goes back and he proves Reb Akiva from the Mishnah. You have a kashya on the Mishnah, right? And then the Gemara says, Who is it? It's Reb Akiva. And then we go back and prove Reb Akiva from the Mishnah. But now he does. If you read carefully, he's going down the terrace: Ha mani? Who is this? It's Reb Akiva. What is Reb Akiva? And the Mishnah, the Mishnah proves this. What is he? He's trying to prove Reb Akiva now. Reb Akiva is a machlokes. He gives him one of the money, and the answer is it's Reb Akiva. Why does he go back now to prove that from the Mishnah is ... Rashi is machria that the halacha is like Reb Akiva now? What does he want exactly? What's bothering me is that when the Mishnah says chayav, we have a problem, and the teretz of the Gemara is because it's going like Reb Akiva. Now Rashi wakes up and starts telling me that the Mishnah is mashma like Reb Akiva? For what? For what purpose? What's the purpose of that? To show me. What's the show and tell? Explain to me what the purpose of that is. You had a kasha: how could you be chayav in the Mishnah? You don't have a ... daled. The answer is you do, right? The answer is ... right? What exactly, what does he want here? ... בין לעקירה בין להנחה ... What does he want? You're missing the point. When the Gemara has a problem, the problem of the Mishnah is, how could you ever be chayav? So Rashi explains to me, and you should know that from the Mishnah we see akirah, and from the Mishnah we see hanachah. I understand, but that's not part of the kashya. When the Gemara says, Va'bi'ur akirah v'hanachah, for some reason Rashi wants to say and understand that the kashya was sayah of akirah and sayah of hanachah. What's wrong with the kashya being pashuta oni, like the Gemara says, pashat ani et yado? It's one case, right? We're going on which case? Pashat yado ani. Amai chayav? Now, amai chayav is on what? Back on the ani. And then it says, Va'bi'ur akirah v'hanachah, and then we start talking about now the akirah and hanachah, meaning the baal habayis and— I understand. So then why do you have to explain to me that's self-understood in the Mishnah? I mean, Rashi doesn't have to explain to me now that there's two parts to the Mishnah, akirah and hanachah in the Mishnah. That's the point. You see what I mean?

You have to go. You have to go. You understand what I want here a little bit? You have to go. Okay. My chayiv. Hakir v'hanacha al gabei makom daled. When you read the Gemara, Rashi mixes in right here now, understand that akirah and hanacha, daled al daled work both ways. It works side for the oni that brings it in, and side for the baal habayis. Now, is there any reason why it would be not that way? What's the chiddush in Rashi? What does Rashi want now? So either you can come and say, because Rashi is bothered by the nusach Gemara, al mashma sha'amru rak l'ani, the fact we're asking only on the ani, and am I chayiv and not am I chayavim. Says Rashi, the truth is it really works both ways, even though the lashon of the Gemara is only on the ani. Maybe. A very big daiche. Or, which is unbelievable kasha to me, I don't see it, that's understood that it works both ways. I mean, what does Rashi want here? Rashi, for some reason over here, has to come and tell me that from the Mishnah I see that it works both ways. And you know, I think the pshat is a very deep pshat. I think it's a very deep pshat. If you learn that the pshat in akirah and hanacha always is—here, come, come after, you'll tell your Torah later, you'll tell later, you'll tell your Torah to Daniel Orbey all night. Daniel Orbey all night. Give me permission. I want to give permission. I'm happy to bother him. Hi kashya. As long as he has life insurance. Now listen carefully, yeah, listen טוב. Take out a policy. And one of the policy life insurance bothers him. Lastly is, why do I need a kiyum and a hanacha? What does it come from? If you were, ... shehoytza'ah, shenirshuyos, ... daled al daled. I mean, lots of ... that's ... One side now this way, then it's the same sugya. If you learn, it tells ... that the din is in the reshuyos, meaning the reason why I need daled al daled is because I need this reshus to go to that reshus, and if it's not into a daled al daled, it's considered didn't go anywhere. Then I understand it both ways, and therefore I don't need a chiddush. I don't need to teach me that it works this way and it works that way. Mere fact that the lashon of the Gemara is not vavinah daled, ela vavinah akirah, it's a chiddush in akirah and it's a chiddush in hanacha. And you know what it is? Because what's the din of daled al daled? Because, like the Rishonim say, people don't put it into a daled al daled. Maybe they're oiker from a daled al daled. I would think it's possible to have an akirah not from a daled al daled, you hear? While you can't have a hanacha into something which is less than daled al daled. I could think that way. Not Rashi's Torah. In other words, if you learn that it has to do with birur shliyais, then it works both ways. There's no chiddush, there's no sugya. Even if you're learning that it's a special chisaron, that when I put hanachah, that's not called munach, and maybe it's called uk, but it could still be called ukah. You know? Parts of it. The chiddush is this is called an akirah, and the chiddush is this is called a hanachah. And if you need daled al daled, the chiddush is not pshat. This is not an akirah when it's not from daled, and it's not a hanachah when it's not from daled. It's different. Hanachah has certain halachos, and akirah, and granted this is one halachah they both need. You're saying with too much words. It's a lot less. It's very simple. You don't understand. Okay. Okay, so if you learn that the reason why you need daled is you should go from a place to a place, then...

The word place works both ways. But if you learn it in the halacha, people are not munach, like the Rashbi uses the lashon, taisvu sumchi. Ein regilus. People don't make a hanacha into a place, which is less than daled al daled. So who said that din hakirah? Maybe it has nothing to do with hakirah. Hanacha is not put into a place daled al daled. Yeah? From a place. What's the difference? It's a reshus. No one ever says it's not a reshus. Daled al daled is not a din in the reshus. Who says? Who says hakirah has to be from a hanacha? That's this Rashi. That's Rashi. That hakirah has to be from a hanacha, and there was never a hanacha here. It's a din in the hakirah, it's not a hanacha. It's not a din in the reshus. Therefore that's a Rashi. Rashi is trying to say, what don't you understand? It's so simple. It's pashut. It's simple. Who says that? That's why Rashi is saying, guess what? You know what's going on in this Gemara? That we're doing two sugyas at one time. We're looking at this sugya and that sugya. Hakirah, what? What? Mimenu, mimenu. I'm saying that's because of the reshus. It has to be from here to there. There's no here and there's no there if it's not daled. It's nowhere. But if you learn because the hanacha can't be unless people don't put it like... Daled al daled. Why do you need daled al daled? Right, so then it's... Then it becomes a din in hotza. And therefore this does—it works both ways, of course. But if you learn it's tenaiim in what's called hanacha, who says what's called hanacha, kamashmalan Rashi, that... You don't understand. I mean, you're talking like, like, like I—like you weren't here for the פירוש. Kluta, says Rashi, hacheifetz hoyl—very funny lashon. Rashi should have said, Kluta hoyl v'niklet b'avir reshus harabim, hacheifetz k'mi... I don't know. It's a very funny lashon, Kluta hoyl. Very, very interesting lashon. Hacheifetz hoyl. Or maybe it means like this. It can't be kluta, hacheifetz. It's not true. It's kluta, hacheifetz. It's not hoyl. It's not hoyl. Kluta hacheifetz is the metzius, and then hoyl. Not explaining. Kluta hacheifetz... And this is the diyuk here. V'af al gav—does it say, af al gav d'lo himiach or af al gav d'lo hiniach? No. Let me speak yesterday. What's the inyan of hanacha? It has to stop. It doesn't have to be here; it has to stop. Af al gav d'lo... This is... What does Rashi say? Af al gav d'lo himiach? Af al gav d'lo hiniach? What did we speak yesterday? What's the inyan of hanacha? It has to stop. Right, the klat ba... It froze. It froze in midair. You know? Rashi means afagav d'loy nach, afagav d'loy niach. No, no. If even it goes through, you're still chayav. No, even— Rashi says even though, not כי you don't have hanachah, because we don't care about the hanachah. Even though it's not nach, the chiddush is like it's nach.

Mumta is kalu bavir. It's stuck in midair, like it doesn't stop. In other words, the chiddush of the sugya is not that you need hanachah; you don't need hanachah either. The chiddush of the sugya is that you need nach. The way we learned, yes, I told you. Exactly. That's exactly what I told you. Yes, I taught you. I taught you that halachah of hanachah. Are you with me? Ger shoin. Are you sure to me? What's with the bechinah? We were supposed to have a bechinah one of those days. Okay, let's go by Rashi. What's the matter again? Rashi says, af al gav d'loi niach, klum. To me, shalom, even though you didn't make a hanachah. And the chiddush is we don't care about the hanachah. Af al gav d'loi niach. Hanachah is another way of—when you say hanachah, you want to know something people don't realize, it's not ha-nachah, it's ha-noach. It's the—nach. That's right. That's right. The lo ma'aseh shalom. Right. It's a noach, ha-noachah. Okay, you ready? We spoke about it, right? Okay, now listen carefully. Next, tells Rosh Yeshiva, a very interesting Tosafos over here. Amar Rabbeinu Tam, d'ein regilus laniach cheftz boch medaled. Says Rabbeinu Tam, what's the reason you need daled? Where does it come from? He says, ein regilus. Ein regilus. People don't do it. I'll let here, the Tosafos. Amar Rabbeinu Tam, d'ein regilus laniach cheftz boch medaled. Now, what is this? You hear? So tells Rosh Yeshiva one of the ta'anos, that it's a shinui. If you do it on less than daled, it's a mishuneh dika hanachah, and mishinui you're not chayiv. You need hanhachah, right? And since ein regilus, so therefore this is like a shinui. Maybe this is a... Some of the Rabbanan anyway else. Again, when we say daled, right, when we say daled, says Tosafos, what do you need daled for? Because ein regilus less than daled. What does he mean? It's a shinui for less than daled? Well, maybe he means what I just told you. Since ein regilus, it doesn't have a shem hanachah. That's not called hanachah. Hanachah. This is not called hanachah. Like Rashi. Rashi comes and says that this is lo chashuv hanachah. That's what Tosafos means. Since it's not regilus, since people don't put it there, so you can't define this as a hanachah. What's the second pshat in Tosafos? Comes along Tosafos and says like this: V'omeri, v'oid omeri, al yedei ish bimkomo mashma d'korei nami acheifetz. Al yedei is not only the person, but the cheifetz also. Ki lo amar mimkomo shel cheifetz, from the place of the cheifetz. And that's what he says, d'hashinu b'hefker, al yedei ish, af al gav d'parsha kra, koreian hakoymei shel adam, v'haiv daled, afilu koreian nami koreian, v'ein makom chashuv pachos midaled. What is he saying? No, it’s not like Rashi. Rashi starts off, Tavi chashuv l'mehevei hanachah, v'yadai makom daled. Chashuv. What Rashi are you talking about? Where does Rashi say ein makom chashuv pachos midaled? Where did Rashi say those words? Nothing. Where's what Rashi talked about? That's trash. You just made it up. Where's Rashi? What are you talking about? He goes to the Choshuk, okay, you know, we make a gezeirah shavah. He says about that halachah k'ira. Here he says it's not makom chashuv. That's the second pshat in halachah. What did I tell you? I told you that there's a halachah, that you need one from one place to another. Less than a dollar is not called a... Second pshat. That's the machlokes, the two pshatim in the Torah. Pshat number one is...

Tosafos is saying, it's דין in the halacha, pshat number two is saying it's דין in the place, not a makom chashuv. Then maybe you want [unclear] into a place. Pashut pshat. What do the two start? What do you need daled amos for? What do you need to collect? What do you need daled amos for? Yeah? What do you need daled amos for? You need daled amos either because the halacha is, ma kol d'halacha, because it's not chashuv when it's פחות מד' אמות. Rashi. Could be that's what Tosafos means. Either Tosafos means shinui, ein regilus, therefore it's a shinui, or ein regilus, therefore it's not chashuv. That's not called hanacha. People don't do it. That's not called hanacha. The second pshat in Tosafos, the second pshat, I don't know, it's very mechudash. Ein regilut, therefore it's a shinui. Ein regilut is a shinui. As a matter of fact, as a matter of fact, I'll tell you why I don't want to say what he says, because there's a Rashba, the he himself, that says the same thing like Tosafos, ein regilus, and he explains the ein regilus. Why? Because it's going to fall. Why does the Rashba add on because it's going to fall? That's right. So why does Rashba have to say it's going to fall? The teretz is not because of the shinui, it's because it's not called hanacha. Not kiyama, not hanacha. Right, but that's not what Rashba says. Rashba adds the words because it's going to fall. That's exactly what I'm pointing out. Yes, why does Rashba have to tell me why people do it? Rashba has to tell me what, and the reason is because people like a lot of space and they like a big house. That's the point of the Rashba. Why does the Rashba have to add on those words, because maybe it's going to fall? Who talks? This is not called put down because it's going to fall down. I'll tell you later. Yeah, but it's not called tefillin. This is not what people do. This is not called halacha. The teretz is what's called halacha. It has simanim, it has gedarim, it has to have a shem halacha. And this is not a shem halacha, because l'maaseh, this is what people wouldn't put it—call, put it down. What's a shmira? Yeah, you know what? A shmira, I put it in a hole where people could get to it. But right now, l'maaseh people don't see it. Yeah, but since they get to it, it's not called a shmira, right? The answer is anything which is not kayama is not called; it's done. So this is the mokom patur. It's not called halacha either. Yeah, this is—mokom patur. The first pshat, first pshat is it's not called halacha at all. If it's less than four, it's not called halacha. The act of halacha. That's right. The second pshat in Tosafos is it's not a halacha in its place. It's chatzer in the place. The first pshat is the ma'aseh is not a ma'aseh. The second pshat is Tosafos is not a Tosafos. It's not munach in another place. I told you the whole time there's two ways to understand daled al daled. Either daled al daled is a din, and that's, I told you, in mekilah. Either daled al daled is a pshat is therefore it's not called a halacha. Not called a halacha because that's nothing; I didn't do anything. Or the pshat is I need to take it from one place to another. I believe that that's the machlokes, two pshatim in Tosafos. The first pshat in Tosafos is saying is, listen, it's not regilus. So either you want to, like, tell the Rosh Yeshiva that it's a shinui— I don't know, it's just the word shinui, regilus. He means to say it translates to me what's called halacha. This is not halacha chashuva. People don't do it. When someone says— good. So the pshat is— And the proof of it is the Rashba, because the Rashba comes along and says, the second side is it's because why do we need daled amos? Because then I need from one place to another. That's what Tosfos means, daled is not called makom. Ein chashuv makom. It's not called a place, because less than daled doesn't exist. It doesn't exist. Yeah, but doesn't... yeah, the stam chiddush. Anything less than four is not called a place. Yeah, it's not called a place. Not called a place. That's funny. What does he need to say, ... because he's going to fall. Rabbah says, ... he's going to fall. Don't say ein regilus there for tashmish. That's not ... halacha בכלל. The Rashba is in the Tosfos. Rashba, when Tosfos says ein regilus, you know what he means? Ein regilus, therefore it's not ...

But it's not halacha. Okay, you got it, you got it. Yes. Okay. Tell me, what's the ... the sheets? You're gonna ... the sheets. It's very important for me. You're my, you're my...