Gittin, Daf Tet Vav, Part 6

 

Introduction

Today s sugya has nothing to do with the laws of gittin. It is brought here because R. Hisda s statement is similar to that above. The topic is partitions used to create a space in which one can carry on Shabbat. A wall used to partition space must be ten handbreadths high. The issue is whether a natural barrier and an artificial barrier can join to create such a partition.

 

אָמַר רַב חִסְדָּא גִּידּוּד חֲמִשָּׁה וּמְחִיצָה חֲמִשָּׁה אֵין מִצְטָרְפִין עַד שֶׁיְּהֵא אוֹ כּוּלּוֹ בִּמְחִיצָה אוֹ כּוּלּוֹ בְּגִידּוּד

דָּרֵשׁ מָרִימָר גִּידּוּד חֲמִשָּׁה וּמְחִיצָה חֲמִשָּׁה מִצְטָרְפִין וְהִלְכְתָא מִצְטָרְפִין

 

R. Hisda said: An embankment that is five handbreadths high and a wall that is five handbreadths high cannot join [to create a full partition] until the entire [ten handbreadths] is made from a wall or embankment.

Maremar expounded: An embankment that is five handbreadths high and a wall that is five handbreadths high can join.

And the law is that they can join.

 

R. Hisda rules that the entire partition must be made of the same thing either a natural embankment or an artificial wall. R. Hisda really does not like mixing and matching.

But Maremar disagrees and the halakhah accords with his more lenient position.