Mga Sanggunian sa Talmud para sa Deuteronomio 22:8: Jerusalem Talmud Bava Batra, Jerusalem Talmud Sukkah, Jerusalem Talmud Maasrot & Jerusalem Talmud Berakhot

MISHNAH: One who sells a house¹“House” here means “apartment, ground floor apartment”, cf. Bava meṣia‘ 10:1, Note 1, Nedarim 7:4, Note 47. This and the next three Chapters spell out the standard conditions of a contract. Any intended deviation from these has to be written into the sales contract. did not sell the shed²A building ancillary to the main building (1K. 6:5,6,10). According to Maimonides it is a paved space surrounding the building. even if it opened into it, nor the room which is in its interior³A storage room in the central court., nor the roof if it has a railing ten handbreadths high⁴Then it is accessible to be used (Deut. 22:8). It may be accessed from outside the house by a ladder.. Rebbi Jehudah says, if its entry point is shaped like a door it is not sold even if its railing is not ten handbreadths high.

Now is a house which is very high not obligated to have a parapet, or to have a mezuzah¹²Since a sukkah is a temporary house, one has to understand why the rules for a sukkah should be different from those for a house; in particular why a sukkah can be called by this name only up to a height of 20 cubits (11m). Naturally, a sukkah needs no parapet (Deut. 22:8) since nobody can walk on its roof, and it needs no mezuzah(Deut. 6:9) since it is used only for 7 days and the obligation of mezuzah starts only with 30 days’ use.? But a house is roofed, a sukkah is not roofed¹³A house must be a permanent shelter which also protects against winter rains; this does not apply to the thin thatching covering a sukkah.. We find that thatching is like roofing, as we have stated there¹⁴Mishnah 1:10. Everywhere an empty space up to 3 hand-breadths width is disregarded (cf. Eruvin Chapter 1, Note 248). This also applies to houses., “if the thatching was three hand-breadths distant from the walls it is disqualified.” But a house is completely enclosed, a sukkah is not completely enclosed. If a porch¹⁵Greek ’εξέδρα ‘η, a covered walkway. Cf. Eruvin Chapter 1, Note 88. was totally open to the public domain, do not Rebbi Ila [in the name of]¹⁶Corrector’s addition. A comparison with the text in Eruvin(Chapter 1, Note 92) shows that it is unnecessary, and could have been replaced by a comma. Rav and Rebbi Joḥanan both say, one may carry in its entirety¹⁷While this is a well-defined space, it has no walls. In order to treat it by the rules of an alley one has to hold that the beams which form the frame for the roofing (which may be either a complete roof or simply lattice work) define virtual walls around the walkway. For the rules of the Sabbath, one should compare the porch to an enclosed alley, whose entry beam also cannot be higher than 20 cubits. The rule is waved for the porch.? What about it? Rebbi Abbahu in the name of Rebbi Joḥanan: The Torah said, in sukkot you shall dwell¹⁸Lev. 23:42.. Up to twenty cubits a person sits in the shade of the thatching; from twenty cubits and higher he sits in the shade of the walls. Rebbi Jonah said, that is, if you are saying, if it¹⁹The thatching. For him a low thatching in very high walls creates a qualified sukkah. is put higher than twenty cubits on the walls. But if it was put lower than twenty cubits inside the walls it is qualified. Rebbi Yose said to him, in your opinion, since you are saying that it is depending on the walls, it should state that “a sukkah which is higher than twenty cubits on the walls is disqualified.²⁰R. Jonah’s explanation is rejected; the thatching must be on top of the walls.” Rebbi Abba in the name of Rav, if it only holds a person’s head, most of his body, and his table²¹A minimal sukkah has space for one person. Since they were taking dinner lying on couches, there must be room inside for that part ot the couch on which his head and body rest; the legs may be outside. In addition there must be a small table for the food. For any sukkah larger than this, the restriction in height is not valid. Accepted in the Babli, 2b.. But if it holds more it is qualified. Rebbi Jacob bar Aḥa in the name of Rebbi Joshia, only if its walls do not reach up all the way, but if its walls reach up all the way it is qualified. But does not a baraita disagree²²Tosephta 1:1, Babli 2b.? “Rebbi Jehudah said, it happened that the sukkah of Queen Helena²³Of Adiabene, who moved to Jerusalem as a widow. in Lydda was higher than twenty cubits and the Sages were coming and going there and nobody was saying a word. They said to him, because she was a woman, and a woman is not obligated²⁴As a positive commandment tied to a specified time it does not apply to women, Mishnah Qiddušin1:7.. He said to them, is that a proof? Did she not have seven learned sons²⁵It is spelled out in the Tosephta that they were sitting with their mother in her sukkah.?” Could you say that the sukkah of Queen Helena only held a person’s head, most of his body, and his table? But it must be that the walls do not reach up all the way. What Rebbi Josia said is reasonable and the baraita does not disagree, since it is the way of rich people to make their walls airy so that cool air may enter²⁶Therefore it is accepted practice that the height restriction does not apply to a sukkah which is not minimal and whose thatching rests on the walls..

Rebbi Abin said, only if the roof is at least four [cubits] square. Just as a house does not induce ṭevel unless it is at least four [cubits] square, so the roof does not exempt unless it is at least four [cubits] square, as it is stated¹¹⁴A similar baraita in Babli Sukkah 3a/b.: A house less than four [cubits] square is free from the obligations of mezuzah¹¹⁵Deut. 6:9, 11:20. and the parapet¹¹⁶Deut. 22:8., from the obligation of eruv¹¹⁷If a courtyard belongs to a single owner except that a hut enclosing an area less that four cubits square belongs to another person, that courtyard may be used on the Sabbath by the majority owner without an eruv (cf. Demay 1, Notes 192–193)., does not induce ṭevel, is not counted as a connection to a town¹¹⁸On the Sabbath, one may not go outside one’s town more than 2000 cubits (cf. Peah 8, Note 56). Any house which is within 70 cubits of a house of the town is also counted as part of the town; the count of 2000 cubits starts only at the outermost house. A small building does not count as a house.; he who makes a vow not to be in a house may sit there; one does not give it four cubits before its entrance door¹¹⁹In a courtyard belonging to several owners, the four cubits in front of the entrance of each house are the private domain of this house, to be used to load and unload. This does not apply to a small hut.; it does not remain with the buyer in the Jubilee¹²⁰Lev. 25:30.; it cannot become impure by scale disease¹²¹Lev. 14:34 ff., and its owner does not return from the army because of it¹²²Deut. 20:5..