Siman - Eruvin Daf 99
- Urinating or spitting from one reshus to another
The Mishnah on the bottom of 98b stated, לא יעמוד אדם ברשות היחיד וישתין ברשות הרבים – A person may not stand in a reshus hayachid and urinate into a reshus harabim, ברשות הרבים וישתין ברשות היחיד – or stand in a reshus harabim and urinate into a reshus hayachid, וכן לא ירוק – and similarly, one may not spit from one reshus to another.
On this Daf Rav Yosef said, השתין ורק חייב חטאת – One who did urinate or spit from one reshus to another is chayav a chatas. The Gemara challenged Rav Yosef’s ruling, והא בעינן עקירה והנחה מעל גבי מקום ארבעה וליכא – But in regards to hotza’ah we require that akirah and hanachah be performed on an area that is four tefachim square, which is a significant area and therefore in this case where it is not coming from a place that is four tefachim, there is no act of akirah. The Gemara answers, מחשבתו משויא ליה מקום – His intent makes it a significant area. Meaning, that since he intended that this object leave this particular place, this place becomes significant, and therefore his action of akirah is considered a halachic act of akira.
- A talmid who coughs up phlegm in the presence of his Rebbe
Reish Lakish said, כיח בפני רבו חייב מיתה – One who coughs up phlegm in the presence of his Rebbe is liable to death at the hands of Heaven, as it says, כל משנאי אהבו מות – All those who hate me [the Torah] love death. אל תקרי למשנאי – Do not read it as it is written, those who hate me, אלא למשניאי – rather, those who cause others to hate me. If a talmid acts in such a vulgar manner, he will cause people to hate Hashem. The Gemara clarifies that we are discussing someone who coughed up phlegm and spat it out in front of his teacher. He could have turned aside or coughed up the phlegm into a cloth.
- Drinking from a gutter that is less than three tefachim from the roof of the building
The next Mishnah states,קולט אדם מן המזחילה למטה מי' טפחים - a person standing in a reshus harabim may hold up a vessel in the air and catch water that is falling from a gutter which is lower than ten tefachim from the ground. The Gemara says that the Mishnah implies, קולט אין אבל מצרף לא – catching the water in mid-air as it falls from the gutter is permitted but pressing one’s mouth or a vessel to the gutter is not. The Gemara asks why the latter is forbidden and Rav Nachman answers,הכא במזחילה פחות משלשה סמוך לגג עסקינן - We are dealing here with a gutter that is less than three tefachim from the roof of the building, דכל פחות משלשה סמוך לגג כגג דמי – and anything less than three tefachim from the roof has the status of the roof itself, based on lavud. Therefore, anyone who takes directly from the gutter while standing in reshus harabim is chayav for transferring from a reshus hayachid to reshus harabim.
