Soncino English Talmud
Shabbat
Daf 99b
unless a wall ten handbreadths high is made around it; and one may not drink from it on the Sabbath unless he brings his head and the greater part of his body into it, and a cistern and its bank combine to [give a height of] ten. R. Mordecai asked Rabbah: What of a pillar in the street, ten high and four broad, and one throws [an article] and it alights upon it? Do We say, Surely the removal is [effected] in transgression and the depositing is [effected] in transgression; or perhaps since it comes from a place of non-liability it is not [a culpable action]? — Said he to him, This is [treated in] our Mishnah. He [then] went and asked it of R. Joseph: Said he to him, This is [treated in] our Mishnah. He went and asked it of Abaye, Said he to him, This is [treated in] our Mishnah. 'You all spit with each other's spittle,' cried he to them: Do you not hold thus, they replied. Surely we learnt, IF ONE REMOVES [AUGHT] FROM THEM OR PLACES [AUGHT] UPON THEM, HE IS CULPABLE. But perhaps our Mishnah treats of a needle? he suggested to them! — It is impossible even for a needle not to be slightly raised. — It [the rock] may have a projecting point, or it [the needle] may lie in a cleft. R. Misha said, R. Johanan propounded: What of a wall in a street, ten high but not four broad, surrounding a karmelith and converting it [thereby] into private ground, and one throws [an article] and it alights on the top of it? Do we say, Since it is not four broad it is a place of non-liability; or perhaps, since it converts it into private ground it is as though it were [all] filled up? Said 'Ulla, [This may be solved] a fortiori: if it [the wall] serves as a partition for something else, how much more so for itself! This was stated too: R. Hiyya b. Ashi said in Rab's name, and thus said R. Isaac in R. Johanan's name: In the case of a wall in the street ten high and not four broad, surrounding a karmelith and converting it into private ground, he who throws [an article] which alights thereon is culpable: if it serves as a partition for something- else, how much more so for itself. R. Johanan propounded: What of a pit nine [handbreadths deep] and one removes one segment from it and makes it up to ten; [do we say] the taking up of the object and the making of the partition come simultaneously, hence he is culpable; or is he not culpable? Now should you say, since the partition was not ten originally he is not liable: what of a pit ten [deep] and one lays the segment therein and [thus] diminishes it['s depth]? [Here] the depositing of the article and the removal of the partition come simultaneously: is he culpable or not? — You may solve it for him by his own [dictum]. For we learnt: if one throws [an article] four cubits on to a wall, — if above ten handbreadths, it is as though he throws it into the air; if below, it is as though lie throws it on to the ground; and he who throws [an article] four cubits along the ground is culpable. Now we discussed this: surely it does not stay there? And R. Johanan answered: This refers to a juicy cake of figs. Yet why so? Surely it diminishes the four cubits? — There he does not render it as nought; here he does render it as nought. Raba propounded: What if one throws a board and it alights upon poles? What does he ask? [The law where] the depositing of the article and the constituting of the partition come simultaneously? [but] that is R. Johanan's [problem]!-When does Raba ask? e.g.. if he throws a board with an article on top of it: what [then]? [Do we say], Since they come simultaneously, it is like the depositing of the article and the making of a partition [at the same time]; or perhaps, since it is impossible for it [the article] not to be slightly raised and then alight, it is like the making of a partition and the [subsequent] depositing of an article? The question stands over. Raba said: I am certain, water [lying] upon water, that is its [natural] rest; a nut upon water,