שבת י״אShabbat 11

Mishnah 1א׳

הַזּוֹרֵק מֵרְשׁוּת הַיָּחִיד לִרְשׁוּת הָרַבִּים, מֵרְשׁוּת הָרַבִּים לִרְשׁוּת הַיָּחִיד, חַיָּב. מֵרְשׁוּת הַיָּחִיד לִרְשׁוּת הַיָּחִיד וּרְשׁוּת הָרַבִּים בָּאֶמְצַע, רַבִּי עֲקִיבָא מְחַיֵּב, וַחֲכָמִים פּוֹטְרִין:

If one throws (an object) from the private domain [reshuth hayachid] to the public domain [reshuth harabim] or from the public domain to the private domain, he is liable. [The private domain is a place surrounded by four walls ten cubits high, with a space between them of four by four cubits or more, even several miles, as in the instance of a district surrounded by a wall, with its doors closed at night. And alleyways with three walls, and a lechi (a symbolic enclosure) on the fourth side; a mound ten cubits high and four wide; a hole, ten deep and four wide; and even vessels, such as ships and wooden towers and the like — if they are four by four and ten in height, they are all a private domain. And the atmosphere of a private domain is (regarded as) a private domain, until the heavens. And the thickness of the walls of a private domain is regarded as that domain. And a public domain — marketplaces, thoroughfares, deserts and the roads leading to them, this, on condition that the road be sixteen cubits wide, unroofed, and (in the view of some) that six hundred thousand cross it everyday, as in the instance of the flags of the desert. And the atmosphere of the public domain is regarded as that domain only up to a height of ten cubits. Above that in the public domain it is regarded as makom p'tur ("a place of exemption"). And a place lacking four by four, higher than three cubits is a makom p'tur. Even thorns, thistles, and dung in a public domain, higher than three and lacking four by four is a makom p'tur. Likewise, a place surrounded by walls and lacking four by four, or a hole lacking four by four, from a depth of three cubits until the tehom (the interior of the earth) is a makom p'tur. And a place surrounded by four walls from three to ten cubits high, four by four or more in width, or a mound which is four by four or more, from three to ten cubits high, or a hole four by four, from three to ten cubits deep, or a mavui (an alleyway) closed off on three sides and lacking a lechi or a beam on the third side, and the sea and a valley — all of these are a "karmelith"; that is, "kemo almanah" ("like a widow"), neither a virgin nor married. Similarly, this domain is neither private nor public. And the atmosphere of a karmelith is regarded as the karmelith until a height of ten, beyond which it is a makom p'tur. If one takes something out from a private domain to a public domain or brings something in from a public domain to a private domain, he is liable for a sin-offering. From a private domain to a karmelith or from a public domain to a karmelith or from a karmelith to either, he is exempt but it is forbidden. From a private domain or from a public domain to a makom p'tur or from a makom p'tur to either, it is permitted ab initio, and, it goes without saying that it is permitted from a karmelith to a makom p'tur or from a makom p'tur to a karmelith. And if one carries from the beginning of four cubits to the end in a public domain he is liable for a sin-offering. In a karmelith, he is exempt but it is forbidden. In a private domain and in a makom p'tur, it is permitted ab initio to move and carry objects in the entire domain, even if it were several miles.] (If one throws) from one private domain to another with a public domain intervening, R. Akiva rules "liable," [holding that when the object passed through the atmosphere of the public domain within ten cubits (from the ground) it is as if it landed there.], and the sages rule "not liable." [They hold that when the object is "caught" within ten cubits (from the ground) in the atmosphere of the public domain it is not as if it has landed there. But above ten, which is a makom p'tur, all agree that he is not liable. The halachah is in accordance with the sages.]

Mishnah 2ב׳

כֵּיצַד. שְׁתֵּי גְזֻזְטְרָאוֹת זוֹ כְנֶגֶד זוֹ בִרְשׁוּת הָרַבִּים, הַמּוֹשִׁיט וְהַזּוֹרֵק מִזּוֹ לָזוֹ, פָּטוּר. הָיוּ שְׁתֵּיהֶן בִּדְיוֹטָא אַחַת, הַמּוֹשִׁיט חַיָּב, וְהַזּוֹרֵק פָּטוּר, שֶׁכָּךְ הָיְתָה עֲבוֹדַת הַלְוִיִּם, שְׁתֵּי עֲגָלוֹת זוֹ אַחַר זוֹ בִּרְשׁוּת הָרַבִּים, מוֹשִׁיטִין הַקְּרָשִׁים מִזּוֹ לָזוֹ, אֲבָל לֹא זוֹרְקִין. חֻלְיַת הַבּוֹר וְהַסֶּלַע שֶׁהֵן גְּבוֹהִין עֲשָׂרָה וְרָחְבָּן אַרְבָּעָה, הַנּוֹטֵל מֵהֶן וְהַנּוֹתֵן עַל גַּבָּן, חַיָּב, פָּחוֹת מִכֵּן, פָּטוּר:

How so? [The rabbis say this.] Two gezuztraoth [boards projecting from the upper wall outwards over the public domain. The gezuztraoth themselves are private domains. And when they are one opposite the other on either side of the public domain, one who hands and throws from one to the other is exempt, for we do not find throwing and handing in the work of the sanctuary from one private domain to another with a public domain intervening.] (two gezuztraoth) one opposite the other in the public domain — if one hands or throws from one to the other, he is not liable. If they were both on one level [along the length of the public domain, the public domain intervening], the hander is liable and the thrower is not, [since he is higher than ten cubits, and we do not find throwing from one private domain to another via a public domain in the sanctuary. The hander, however, is liable, even though he hands (over the object) above ten cubits. For we find such "handing" in the sanctuary, from one private domain to another with a public domain intervening.] For thus was the work of the Levites. [They would hand from one to the other above ten cubits with a public domain intervening. How so?] Two wagons, one after the other in the public domain, and [those who took apart the tabernacle] would hand from one to the other. [They would hand to those on the wagons closest them, and they, in turn, would hand to those before them; and each of the wagons was a private domain.]; but they would not throw, [the boards not being thrown because of their weight.] The chuliah of the hole [the sand dug out of the hole. They would place it around the hole as a kind of encircling wall. We are here apprised that the hole and its chuliah combine to ten. We are taught "hole" for depth, and "rock" for height], and the rock, which are ten high and four wide — if one takes (something) from them [and places it in the public domain], or if one [takes something from the public domain and] places it on them, he is liable. If it is less than that, he is exempt.