Stick Date Throwing

Shabbat (11:3) | Yisrael Bankier | a year ago

One is not allowed to carry or throw an object across a distance of four amot in the public domain. The Mishnah (11:3) however discusses a case where one threw an object, e.g., a sticky cake of pressed figs, across that distance and it stuck to a wall. The Mishnah teaches that if it sticks to the wall above ten tephachim from the ground ten one is exempt. If however it stuck below that, then one would be liable. We shall try to understand this Mishnah.

The Bartenura explains that above ten tephachim from the ground is not considered part of the public domain, but rather a makom patur. Consequently, it is as if the object was transferred from the public domain to a makom patur, which is permitted. If however it was below ten tephachim then it considered as if it landed in the public domain and has been transferred a distance of four amot.

The Bartenura however adds that the law would be the same if the distance from place where the object was taken until the wall was exactly four amot. The thickness of the dates does not reduce the distance travelled to less than four amot. This is Rashi's understanding.

The Tosfot R' Akiva Eiger however cites the Tosfot (Shabbat 99b, s.v. Amai) who disagree. The Ri compares this case to the one we discussed last week, in which a basket was only partially placed outside the house. Since the full object was not transferred out of the house, one was not liable. Consequently, in our Mishnah, unless the entire cake travelled the full distance of four amot one would not be liable. According to the Ri, the case in the Mishnah is where the object was thrown a distance of at least four amot excluding the thickness of the object itself.

The Tifferet Yisrael however defends the Bartenura explaining that this case is different since the wall is preventing the cake from travelling any further. In the case where the basket is placed on the doorstep, since one did not take it completely outside and it was possible to do so, it is clear that he does not want it to all to be placed outside. A comparable case would rather be if someone threw an object and it landed just at the edge of four amot without anything stopping it going any further. In that case one would be exempt much like the case of the basket.

Perhaps we can understand this debate between Rashi and Tosfot based on a different one. One might ask, even if the object travelled more than four amot before reaching the wall, why is one liable? The object still must land in the public domain.

The Tosfot (7a, s.v. ve'tach) provides two explanations. Rabbeinu Tam explains that since the wall is significantly thick, four by four tephachim, it is considered as if it rested on that wall. Note that Rabbeinu Tam adds the requirement for the thickness of the wall which we have not yet addressed. The Riva however disagrees and maintains that the wall can be very thin. Since there is nothing separating the cake and the floor, its "face sees the ground", and it is considered as if it is resting on the ground.

Perhaps Rashi and the Ri are based on these two different understandings. Rashi may understand, like Rabbeinu Tam, that when it sticks to the wall, it is as if it is resting on the wall. Consequently, the space it takes up next to the wall is not important and can be counted as part of the four amot. The Ri however may understand like the Riva that the reason why one is liable is because it is considered as if the cake is resting on the floor directly beneath it. That being the case, the cake would have needed to travel four amot prior to reaching its resting place. Consequently, the distance between where it was thrown to the wall would need to be four amot aside from the thickness of the cake.

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