שבת 8:1 — Soncino English Talmud

— Said Abaye: In the case of private ground none differ, agreeing with R. Hisda. But here the reference is to a tree standing in private ground, while a branch inclines to the street, and one throws [an article] and it alights on the branch: Rabbi holds, We say, Cast the branch after its trunk; but the Rabbis maintain, We do not say, Cast the branch after its trunk. Abaye said: If one throws a bin into the street, [even] if it is ten [handbreadths] high but not six broad, he is liable; if six broad, he is exempt. Raba said: Even if it is not six broad, he is [still] exempt. What is the reason? It is impossible for a piece of cane not to project above ten. If he overturns it, mouth downwards, [and throws it], then if it is a shade more than seven [in height] he is liable; if seven and a half, he is exempt. R. Ashi said: Even if it is seven and a half, he is liable. What is the reason? The walls are made for their contents. 'Ulla said: If there is a column nine [handbreadths high] in the street, and the public rest and rearrange their burdens thereon, and one throws [an object] and it alights upon it, he is liable. What is the reason? It if is less than three, the multitude step upon it; from three to nine, they neither walk upon it nor arrange their burdens upon it; nine, they certainly re-arrange their burdens upon it. Abaye asked R. Joseph: What of a pit? — He replied: The same holds good of a pit. Raba said: It does not hold good of a pit. What is the reason? Service through difficulty is not designated service. R. Adda b. Mattenah raised an objection before Raba: If one's basket is lying in the street, ten [handbreadths] high and four broad, one may not move an object] from it into the street or from the street into it; but if less, one may carry; and the same applies to a pit. Surely that refers to the second clause? — No: to the first clause. He raised an objection:^ᵃ^ᵇ^ᶜ^ᵈ^ᵉ^ᶠ^ᵍ^ʰ^ⁱ^ʲ^ᵏ^ˡ^ᵐ^ⁿ^ᵒ

^ᵃnote:V. supra 4b for notes.
^ᵇnote:Jast.: a large round vessel, receptacle of grain, water, etc.
^ᶜnote:A circle with a diameter of six is the least (roughly) in which a square of four can be inscribed. Now, as stated above (6a), an object four square is a separate domain itself, and no liability is incurred for throwing one domain into another.
^ᵈnote:Since it is ten handbreadths high, it is impossible that the top and bottom canes of the circumference shall be absolutely even and straight, and so something must project above ten from ground level, which is a place of non-liability, not public ground. But in order to incur liability the whole of the article thrown must rest in public ground.
^ᵉnote:Where it was less than six handbreadths broad (Rashi).
^ᶠnote:It is a principle that the walls of an object are regarded as extending beyond its opening down to the ground itself as soon as that opening comes within a shade less than three handbreadths from the ground. V. Glos. s.v. labud. Hence, when this overturned bin, which is a shade more than seven in height (and certainly if less), enters within just under three handbreadths from the ground and is regarded as already resting on the ground, the whole is within ten from the ground, and therefore he is liable. But if it is slightly taller than this it is partly above ten; hence there is no liability.
^ᵍnote:I.e., to enable it to be used as a receptacle, and not to create an imaginary extension downwards.
^ʰnote:it being of the exact height to facilitate this.
^ⁱnote:And it is therefore part of the street.
^ʲnote:It is too low for the latter purpose.
^ᵏnote:And since it is thus put to public use, it is part of the thoroughfare.
^ˡnote:Nine deep.
^ᵐnote:It can only be used with difficulty; therefore it is not part of the street.
^ⁿnote:As such it is private ground; v. supra fol. 6a.
^ᵒnote:sc. o n nine handbreadths.