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Babylonian Talmud: Tractate Shabbath
E.g., when it has barriers,1 and [this is] in accordance with the following dictum of 'Ulla in R. Johanan's name: An enclosure more than two se'ahs [in area]2 which is not enclosed in attachment to a dwelling place,3 even if it is a kor or two kor [in area],4 if one throws [an article] therein [from public ground] he is liable. What is the reason? It is a partitioned area, but it lacks inhabitants.5 Now, as for R. Ashi, it is well that he does not explain it as 'Ulla;6 but why does 'Ulla not explain it in accordance with his own dictum? — He answers you: if it has barriers, is it called a plain: [surely] it is an enclosure! And R. Ashi?7 — 'Private ground' is taught.8
'And a karmelith.' Are then all these [sea, plain and colonnade] too not karmelith? — When R. Dimi came,9 he said in the name of R. Johanan: This is necessary only in respect of a corner near a street:10 though the masses sometimes press and overflow therein,11 yet since it is inconvenient for [general] use, it ranks as a karmelith.
When R. Dimi came, he said in R. Johanan's name: [The place] between the pillars12 is treated as a karmelith. What is the reason? Though the general public walk through there, since they cannot proceed with ease,13 it is as a karmelith. R. Zera said in Rab Judah's name: The balcony in front of the pillars is treated as a karmelith. Now, he who stated thus of [the ground] between the pillars, — how much more so the balcony!14 But he who mentions the balcony-only the balcony [ranks as a karmelith], because it is inconvenient for [general] use, but not [the ground] between the pillars, which is convenient for [general] use.15 Another version: but [the place] between the pillars, through which the public occasionally walk, is as public ground.
Rabbah b. Shila said in R. Hisda's name: If a brick is standing upright in the street, and one throws [an article]16 and it adheres to its side, he is liable; on top, he is not liable.17 Abaye and Raba both state: Providing that it is three handbreadths high, so that the public do not step on it;18 but thorns and shrubs, even if not three [handbreadths] high.19 Hiyya b. Rab maintained: Even thorns and shrubs, but not dung.20 R. Ashi ruled: Even dung.
Rabbah, of the school of R. Shila, said: When R. Dimi came,21 he said in the name of R. Johanan: No karmelith can be less than four [handbreadths square].22 And R. Shesheth said: And it extends23 up to ten. What is meant by, 'and it extends up to ten?' Shall we say that only if there is a partition ten [handbreadths high] is it a karmelith, not otherwise;24 but is it not? Surely R. Gidal said in the name of R. Hiyya b. Joseph in Rab's name: In the case of a house, the inside of which is not ten [hand breadths in height] but its covering makes it up to ten, it is permitted to carry on the roof over the whole [area];25 but within, one may carry only four cubits!26 But what is meant by 'and it extends up to ten?' That only up to ten is it a karmelith, but not higher.27 And even as Samuel said to Rab Judah, Keen scholar!28 In matters concerning the Sabbath do not consider29 aught above ten. In what respect? Shall we say, that there is no private ground above ten? Surely R. Hisda said: If one fixes a rod in private ground30 and throws [an article from the street] and it alights on the top, even if it is a hundred cubits high, he is liable, because private ground extends up to heaven!
But [if it means] that there is no public ground above ten,1 it is our Mishnah! For we learnt: If one throws [an article] four cubits on to a wall above ten handbreadths, it is as though he throws it into the air;2 if below ten, it is as though he throws it on to the ground.3 Hence he must refer to a karmelith, [teaching] that there is no karmelith above ten. And [R. Dimi and R. Shesheth inform us that] the Rabbis treated it with the leniencies of both private and public ground. 'With the leniencies of private ground': that only if [it measures] four [handbreadths square] is it a karmelith, but if not it is simply a place of non-liability. 'With the leniencies of public ground': only up to ten is it a karmelith, but above ten it is not a karmelith.
[To revert to] the main text: 'R. Gidal said in the name of R. Hiyya b. Joseph in Rab's name: In the case of a house, the inside of which is not ten [handbreadths in height] but its covering makes it up to ten, it is permitted to carry on the roof thereof over the whole [area]; but within, one may carry only four cubits.' Said Abaye: But if one digs out four square [handbreadths]4 and makes it up to ten, carrying over the whole is permitted. What is the reason? [The rest] is [as] cavities of a private domain, and such are [themselves] a private domain.5 For it was stated: The cavities of a private domain constitute private ground. As to the cavities of a public domain,6 — Abaye said: They are as public ground; Raba said: They are not as public ground.7 Said Raba to Abaye: According to you who maintains that the cavities of public ground are as public ground, wherein does it differ from what R. Dimi, when he came, said in the name of R. Johanan: 'This is necessary only in respect of a corner near to the street',8 — yet let it be as cavities of a public domain? — There the use thereof is inconvenient; here the use thereof is convenient.
We learnt: If one throws an article four cubits on to a wall, above ten handbreadths, it is as though he throws it into the air; if below ten, it is as though he throws it on to the ground.9 Now we discussed this: why 'as though he throws it on the ground'; surely it does not rest [there]?10 And R. Johanan answered: This refers to a juicy cake of figs.11 But if you maintain that the cavities of public ground are as public ground, why relate it to a juicy cake of figs; relate it to a splinter or any article and it is a case where it alighted in a cavity? — Sometimes he answered him, A splinter or any other article are different, because they fall back;12 sometimes he answered him: The reference must be to a wall not possessing a cavity. — How do you know it? — Because the first clause states: If one throws above ten handbreadths, it is as though he throws it into the air. Now if you imagine that this refers to a wall with a cavity, why is it as though he throws It into the air; surely it came to rest in the cavity?13 And should you answer, Our Mishnah [refers to a cavity] that is not four square, — surely did not Rab Judah say in R. Hiyya's name: If one throws [an article] above ten handbreadths and it goes and alights in a cavity of any size,14 we come to a controversy of R. Meir and the Rabbis, R. Meir holding, We [imaginarily] hollow it out to complete it,15 while the Rabbis maintain, We do not hollow it out to complete it.16 Hence it surely follows that the reference is to a wall without a cavity. This proves it.
[To revert to] the main text: R. Hisda said: If one fixes a rod in private ground and throws [an article from the street] and it alights on the top, even if it is a hundred cubits high, he is liable, because private ground extends up to heaven'. Shall we say that R. Hisda holds with Rabbi?17 For it was taught: If one throws [an object] and it alights upon a projection of whatever size; Rabbi holds him liable; the Sages exempt him!
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