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Shabbos 5


QUESTION: The Gemara says that if our Mishnah is talking about a person putting an object in the *basket* held by a person in Reshus ha'Yachid, it could even be consistent with Rebbi Yosi Bar Yehudah, Even though Rebbi Yosi Bar Yehudah says that a basket which is four by four Tefachim in Reshus ha'Rabim is considered a *Reshus ha'Yachid*, that is only if it is above ten Tefachim. If it is within ten Tefachim of the ground of Reshus ha'Rabim, it is considered part of Reshus ha'Rabim.

Why is the basket considered part of Reshus ha'Rabim? It should be a Karmelis, because it is four by four Tefachim and less than ten Tefachim high. Why, then, is one Chayav for transferring an object from Reshus ha'Yachid into this basket?

(DH Kan) answers that a *utensil*, such as a basket, can never be considered a Karmelis. Rather, it remains subordinate to Reshus ha'Rabim and it is not a Makom Petur or a Karmelis. RASHI (8a DH Pachos mi'Ken) makes a similar statement: the Rabanan do not declare a utensil to be a Karmelis since if one cannot transfer objects between it and its surrounding Reshus ha'Rabim, it is not unusable as a utensil.


Ben Azai maintains that "walking is like standing;" that is, every step a person takes is considered to be a new Hanachah. According to Ben Azai, how could a person ever be Chayav for carrying four Amos in Reshus ha'Rabim? If every step is a new Hanachah, he never walked four Amos at once!
(a) TOSFOS (DH b'Shleima) cites a Yerushalmi that says that he will be Chayav for carrying four Amos in Reshus ha'Rabim only if he jumps the entire four Amos at once.

(b) Rav Yechezkal Abramsky (CHAZON YECHEZKAL on Shabbos) explains that perhaps Ben Azai's concept that "walking is like standing" does not mean that every time one puts his foot down, it is considered a new Hanachah. Putting one's foot down cannot be a Hanachah, since it is considered merely "Omed le'Katef" -- "standing to re-arrange one's load" -- since he could not remain suspended in the air while walking, and resting his feet on the ground is the only way that he can move four Amos. Rather, since whenever one has one foot off the ground, the other foot is on the ground, one is never totally removed from the ground when he walks. As a result, there is never a valid *Akirah* while walking, according to Ben Azai. The Yerushalmi that says one must jump does not mean that one must jump an entire four Amos, but that one must jump initially in order to have a valid Akirah (jumping takes both feet off the ground at the same time, and thus one has performed a valid Akirah).

(c) Tosfos says that since the Bavli does not suggest that one needs to jump in order to be Chayav for carrying four Amos in Reshus ha'Rabim, it must be arguing with the Yerushalmi. The Bavli holds that it is a Halachah l'Moshe mi'Sinai that even though one did not do a proper Akirah according to Ben Azai, one will still be Chayav. (See also Insights 4:4-a)

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