Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 296:46-51. Kilei HaKerem: Halachic Walls and Gaps, Pathways

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Yoreh De’ah 296:46-51. Kilei HaKerem: Halachic Walls and Gaps, Pathways · SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day!

• 0:01
  OK, Good morning, guys. We are Kelly Akaram, Reish
• 0:04
  Saadi, Vav Sosaif Mem Memvav. Get there.
• 0:11
  I'm Abdul bin Karam Viarek K. So you have a wall fence, and
• 0:15
  that's separating between the your vines and your tufua.
• 0:21
  Your vegetables, whatever it is, could be right next to each
• 0:23
  other as long as one's on each side of the wall, right?
• 0:27
  One's on one side of the wall, one's on the other.
• 0:29
  Fine. Shanifratz AD eser ammos.
• 0:33
  Now you have this wall, and either part of it fell down or
• 0:39
  it was built like this. Either way, you have a gap in
• 0:42
  the wall up to AD ESR Amos as long as you have a wall when the
• 0:47
  gap is less than 10 Amos Hareze Kepeta.
• 0:52
  So this is we call this like an opening like a walkway, right?
• 0:55
  People have to have to be able to walk in.
• 0:57
  So it's like a doorway walkway mutter and therefore we look at
• 1:03
  it as if it's the wall is is still there complete height.
• 1:10
  And you can even have your vegetable and your vine pretty
• 1:17
  much right next to each other staring at each other because
• 1:20
  it's the petach. But it's being divided where the
• 1:24
  walls, you know, imagine the wall continues.
• 1:27
  OK, Haita Prusia Terema Esser. Can I get up here?
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  It's a but if the opening is more than 10 Amos.
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  So then Asura Ashiak megafan in kashiwar.
• 1:40
  So there's obviously you do have a wall wherever it exists, but
• 1:44
  where it's open, since it's open more than 10 almost on that
• 1:48
  portion, there's no wall. And therefore you have to be if
• 1:52
  you're going to plant your vine and your your produce, your
• 1:57
  vegetables has to be at least the sheet were apart, whether
• 2:01
  it's six tfauchium or daled Amos, depending if it's a Geffen
• 2:04
  or a carom Nifritsubo Pratzot Rabot.
• 2:08
  Now, let's say there are many openings along your wall.
• 2:12
  Emaya Omel Kaparo, Tereza, mutter kilo enchant Pierza.
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  Now if excuse me, if there is the opening is is well, it's
• 2:24
  more closed wall versus open wall.
• 2:28
  It's more of a what you see a wall versus spaces.
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  So then it's mutter there hare zemmuterquilo enchant Pierza.
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  So as long as your opening is less than S10 Amos, then it's a
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  wall. As long as your opening is less
• 2:49
  than 10 Amos, it's considered closed.
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  It's considered a doorway and it's considered even closed as
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  long as the overall wall is more closed is more in existence or
• 3:01
  you see your wall more than you have openings high up pirates
• 3:06
  member Allah omed. But if most of your wall is
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  doorway is openings and only a little bit is closed, it's all
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  right, it's more open Maruba Allah omed.
• 3:18
  So then Loisra connected Kolamakoma to Putzi Machiaki
• 3:22
  Kashi, or even if so wherever you have openings, even if it's
• 3:27
  less than 10 almost, you cannot have your vegetable and your
• 3:30
  vine looking at each other because even though the opening
• 3:35
  is less than 10 almost, we look at it as close as open because
• 3:41
  the wall is mostly open. The overall wall is mostly open.
• 3:46
  OK, hope that was clear. Mem Zine mehitzate karem
• 3:52
  shinifritza. OK, now let's say a person has a
• 3:57
  wall between his his vine and let's say his neighbor's tuvua.
• 4:05
  A couple explanations and how you understand this Mimer
• 4:07
  Khazal. But basically this is for the
• 4:13
  basin. If the basin sees that this
• 4:16
  person has the the carom and the produce, let's say it's an
• 4:22
  opening of more than 10 ammos. And now so they're opposite each
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  other. Whatever it is, you have a
• 4:29
  problem of kill aim, so om rimblo gador.
• 4:33
  So the basin tells him to seal it up and they have you give him
• 4:38
  a date and time to fix it by, I don't know, next week, tomorrow,
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  whatever it is. And then you let him fix it and
• 4:47
  it's fine. It's kosher.
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  He eats it because he didn't plant it there on purpose and
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  now you told them about it. So you you have time, you have
• 4:58
  to you have time to a little bit of time to get rid of it really.
• 5:02
  Ikar Adin, if the person wants it to be there, so then it's
• 5:07
  usser and if the person doesn't want it to be there, it's
• 5:11
  mutter. It's not kill I am because he
• 5:14
  didn't plant it there. So it's depending on if he's
• 5:16
  Rosa Bikuyumo or not. However, it's hard to know
• 5:21
  what's in a person's mind. So Hazel say we give him a, we
• 5:25
  tell him about it and we give him a chance.
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  And then, OK, so let's say if and if he doesn't fix it, so
• 5:32
  then it's going to be a problem. We're going to call it ASA once
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  that date goes by. Now this expression is twice.
• 5:40
  I think it's a Tocefta. Whatever it is, it says it
• 5:43
  twice. Let's read it again.
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  Nifritz, then Nifritza, even if it falls down again, Omri MO
• 5:54
  Gidor then debasing again. In order to say it's Usser, we
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  have to tell him again. Perhaps because the first time
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  he thought maybe belong to whatever the scenario might be,
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  it's we give him at least two times or we assume he didn't
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  know that he has to since there is no wall there, but he didn't
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  plant it there. And especially if it came down,
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  it could be, let's say one side is his one side's a neighbor.
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  That's why it says it once. It could be even if now we
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  taught him the first time, he might think well the first time
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  he has to build the wall, but the second time he doesn't.
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  Bottom line is we give him at least two chances and some say
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  you give him as many chances and some say you only give him 2.
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  All right, it's unclear. Fine.
• 6:43
  Omri Mulgidor, you tell him again.
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  Nita Ishmimenu Villa Gadra, and if we see that he is, he doesn't
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  care to take care of it. Hareza Kidesh.
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  So then once we, when the time passes and we see he's not
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  interested in putting up the wall again for the first time,
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  then it's, it's Usser and even happens to be, even if he
• 7:08
  doesn't quite make your, the, the date, the deadline, but he
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  shows that he's interested. He called, you know, he called
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  the, the gardeners or whoever, the farmers, whoever's in charge
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  and he called them to build the fence or the Kablan or the
• 7:23
  contractor, whoever it is the handyman and the guy didn't
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  show. As long as he, he shows you that
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  he's trying, you still have some time.
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  OK, let's go on next Memcat Bai chechetzio mekura vechetzio Eno
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  mekura. OK, now let's say you have this
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  structure could be some kind of a gazebo pergola house.
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  Whatever it is, half of it is covered and half of it is not
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  right. Let's say you have some kind of
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  gazebo outside and you have, you don't have to have any walls,
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  but let's say you have walls and but part of it is not covered.
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  Half of it's covered, you have a ceiling on half of it.
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  So the what's the halacha? The kafanium, nectuium,
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  bitsadzeh. So where it's where you have the
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  ceiling, you can plant a vine and where you don't have the
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  ceiling. So it's like you have the same,
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  let's say you have walls, 4 walls all the way around.
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  And so it looks like one room, right?
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  But the ceiling only covers half of this room.
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  So you can plant one inside under the ceiling.
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  And you can plant your wheat or vegetables where there's no
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  ceiling, even if they're within 6.
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  Tuck them. They're right near each other.
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  Because you're doing Because no. Let's keep reading.
• 8:50
  Yeah, exactly. Shahre.
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  We we say halakhal emotion. You see an IP tikra Ki illu
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  yarra vasatam. We say the edge of the ceiling
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  acts as a wall and it's right, even though you can't see it,
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  it's invisible. There's an invisible wall.
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  It's like a sheet that comes down at the edge of the ceiling
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  and that creates a wall. And that's good enough for
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  kilayim as well, the Sabinasa binen Ki mahitza, and so becomes
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  like a mahitza. And there Kumuni says, even if
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  you have no walls and you have a roof, anytime you have a roof,
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  you have, you can have the edges make a wall and on inside you
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  could have the the vine and the outside, you could have your tua
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  next to it or vice versa. Right.
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  OK. The minimum length of that
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  minimum length. I, I can't say I know for sure,
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  but I'm pretty, I'm pretty sure it's Ford Fahim base because
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  that, that's what we've been giving every wall.
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  We kept saying a minimum wall. It's right.
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  It's not a den of a house, It's a den of a wall.
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  And so therefore all you need is Ford Fahim.
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  That's what I believe. OK, again, there's there's an
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  opinion that says even 3. So Mahoka's four or three is
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  enough to make a wall. So Right.
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  But the ceiling here is creating your wall.
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  OK. Vasa beninke mahisa veim Ki KIRO
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  kiruya. Thank you, ASA.
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  Now, if you extend your ceiling all the way to the end, even if
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  it's a different material, let's say, but now you extended your
• 10:29
  ceiling, the whole thing, Halafi is 1 ceiling and now you have a
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  problem of kill I am and you have to uproot it.
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  You can't leave it like that, OK, How big?
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  How big this room or this house needs to be?
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  I'm not sure I would go with four 4x4.
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  It's Vachem, I think. But we're going to see another
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  case. You'll see why.
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  OK, let's, let's keep going. I think it'll be 4 by 4.
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  Talk memcat. Buy it.
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  No, we did that one Memtet Khatzerk Tana Shinifritzsa
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  Bimilua Ligadola. So here.
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  Well, in the Shokanara and I, you have one diagram.
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  I sent out another diagram. Basically, it's a Mahloka
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  rachronium where we've shown him how to understand the case.
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  Itaz chose 1. You know, I only have one on my
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  Shokanara. Basically you have a bigger
• 11:24
  hutzer and a smaller hutzer. The bigger hutzer it just has
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  the name of the bigger hutzer. Really.
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  The bigger hutzer could be smaller, but the bigger hutzer
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  guess the name bigger because it has these extended portions that
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  basically you have 4 walls with a with a doorway.
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  You really have 4 walls with a doorway and it leads into
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  another smaller room. Again, it's considered smaller.
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  It's it's often going to be smaller and we call, then we
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  call that the smaller room. Why that room?
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  Only because it's within one of the walls and more narrower than
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  one of the walls and it essentially only has three walls
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  and it's completely open on one side.
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  The question is, in order for it to be completely open, does it
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  need to extend the inner wall of the feel good diagram?
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  You'll see what I mean that the inner wall might have to extend
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  a little bit within B. And then because it could be the
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  Gemara seems to say that if it's if it's like Arshav Khanarak,
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  where there's the inner walls don't extend, then you do have
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  the outer walls that you do see from the outside.
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  And that could count as your 4th wall for these smaller hutzer.
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  Anyway, that's it's similar to Arivine.
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  It's similar to having a minion with, you know, you have 9 and
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  one one and the other, the Cheliac Tibor.
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  It's all similar ideas that the one that has the extra walls,
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  what we're calling the, the the called or the wings, it's also
• 13:08
  what it's referred to as the extra walls.
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  It's that's in the what we're calling the bigger hutzer.
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  So the point is that for sure is considered a separate room.
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  The smaller one or the one that's open is considered an
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  extension leading into the bigger room or even like an
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  entryway for the bigger room and it doesn't have its own
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  identity. So how does that play out with
• 13:33
  Kalayam? OK, some cases in the kumara
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  khatzer ktana shenifritzavi maluola, gadola, Agafanian
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  gadola. So in this case, there's a
• 13:44
  couple different ways you can set up the scenario and it's a
• 13:47
  couple different opinions. But let's, let's stick with the
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  case in the Chauhanar is you have the vines in the bigger
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  one, and you only have the vines there right now in the bigger
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  one. Now you come along and you see
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  the smaller section of your khatzer and right, it's called
• 14:06
  the Khatzerktana. But right, it's really one big
• 14:09
  property. But because of the walls.
• 14:14
  Yeah, I know. No, no, no, you only have vines
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  or a vineyard in the bigger khatzer or the bigger portion of
• 14:22
  your property. And now in the smaller portion,
• 14:25
  you're calling it the Khatzerktana Asur Lisroa
• 14:29
  bekatana. It's asur to plant your
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  vegetables in anywhere in this Cortana, right?
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  Even if it's farther away than four Amos from the big room, the
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  big hatsur, the Gofanium, it's asur.
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  Some say if the Gofanium are within Dalit Amos, then it's
• 14:48
  mutter. OK, whatever.
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  I want to get too bogged down. The main point is, well, one of
• 14:54
  the two main points here, the bigger akpada in the Torah is we
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  don't want from the khamesh. It seems like I'll explain.
• 15:04
  We don't want to plant tavua or vegetables in a vineyard.
• 15:10
  That's a little, that's more of this.
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  That's one issue and the other issue is over here.
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  So you already have the vines there.
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  It's in the godola, it's already there.
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  Now you're coming to add vegetables in the smaller one.
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  The problem is this smaller room is subordinate or connected to
• 15:31
  the bigger room. It doesn't have its four walls.
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  So therefore the Zara Zarayan Assurian Vagfani mutari.
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  So if you plant the your your vegetables and the smaller one,
• 15:44
  it's as if you planted it in the bigger one because there's no
• 15:48
  separation. It's considered an entryway for
• 15:51
  the big one Holochugly and or at least me there Abana, and that's
• 15:54
  a whole another question. This hold in rice there Abana,
• 15:56
  whatever. OK, now, but the kafanium is in
• 16:00
  its own room because it has four walls.
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  It's in the bigger khatzer. So the kafanium stays mutter.
• 16:06
  OK, now what about hayu gefanium BA catana motilisro bargadola.
• 16:11
  Now if the gefanium, the vines are in the smaller one.
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  Now you're allowed to plant into the bigger 1A wheat or
• 16:19
  vegetables. Why?
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  Because the the gefanium are already there and they're in the
• 16:23
  catana and they're now you're coming to plant tuvua, whatever
• 16:30
  produce in the area of the Geffen.
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  But where you're planting it, it's its own separate room.
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  It has four walls. It's the gadola.
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  It has the wings. So hoyol vyishka gadola pasi
• 16:41
  mikanu mikan. It has a wall on each side.
• 16:44
  Araihi can move della Mika Tana. It's considered like it's in its
• 16:48
  own separate room. It's not connected and vena
• 16:53
  Cortana move della mima gadola. Now the good.
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  But the Cortana is not separate from the gadola, but the vine
• 16:59
  was there first. So OK, I think that'll be good
• 17:04
  enough to move on. It's a a little bit of a
• 17:06
  complicated Zidya, but that's the the main gist, No And most
• 17:12
  of us don't have this configuration anyway back home,
• 17:14
  so it's not usually so relevant. None Kharitz Shu over bekharim
• 17:20
  amouk asara. Now here you're gonna we have a
• 17:24
  kharitz again. That's this big ditch that's in
• 17:29
  the middle of your vineyard. As long as it's 4 deep.
• 17:33
  Sorry, 10 deep, 10 fucking and four wide 4 it's fucking.
• 17:39
  I'm a foolish Marasha Karen bad sofa.
• 17:42
  As long as it extends from one end to the other, get it should.
• 17:47
  I'm sure it can move around a little bit, but basically it's
• 17:50
  more or less overall straight when you look at it from a
• 17:53
  bird's eye view from a little bit of a distance.
• 17:55
  The point is it's going all the way through north-south or east
• 17:59
  West per SE and going all the way through dividing your Karam,
• 18:04
  your vineyard into two Kramin Hariza near Kabane Schne
• 18:09
  Hakramim. So then it looks like it's you
• 18:14
  have two Kramin 2 separate vineyards and therefore, so
• 18:18
  you're allowed to plant anywhere inside.
• 18:21
  We'll be a vaj. Yeah, anywhere inside because
• 18:24
  the walls are the sides. We'll be all right.
• 18:28
  We'll be a vaj. Shiloh you a gofanium, Misakahin
• 18:32
  Allah. The only caveat we have is that
• 18:35
  you can't have the vines right growing and hanging over right,
• 18:44
  even though the root of it, the trunk of it is in the ground and
• 18:48
  it's a it's above it and it's and it's it's not touching
• 18:52
  separate. It's subdivided by the wall.
• 18:55
  But this we had earlier by the whole scenarios of the a Fifi
• 19:00
  wrote, and we're going to have it again with an RE.
• 19:03
  So we had that before. And so therefore, as long as
• 19:05
  it's above it, that's a problem, at least on a level of the
• 19:10
  Obama, the in law Hayama foolash.
• 19:12
  Now what if it didn't go from one end to the other?
• 19:16
  So Harihu Kegat shabba MSA Karen.
• 19:21
  So Halakhali Khazal say we look at that as a pit as just it's
• 19:27
  not divided. It's just a a pit in the middle
• 19:31
  of a vineyard. Instead of having two separate
• 19:33
  vineyards, it's really one big vineyard and you have a little
• 19:36
  whole little patch. What do you call it when you
• 19:40
  play golf and you got that little sand trap?
• 19:44
  So that's what you have over here.
• 19:46
  But the whole thing is 1 big golf course.
• 19:48
  So same thing here. It's one big vineyard.
• 19:51
  OK, so then so that's how we look at it.
• 19:54
  Like look at it, it's called the gut or whatever winepress,
• 19:56
  whatever it is. But Shivamsa Karen Sha Alpha P
• 19:59
  Shahi Amuka Sarah Verajava arba. Even though it it's, it is a
• 20:05
  Hari. It's that's 10 deep and four
• 20:09
  wide. Oh yeah, Terry or even more
• 20:12
  right, so we know that could create a wall does but asurul
• 20:15
  Alizrabitocha miderabana and it's usur 2 plant in this area.
• 20:20
  Elian kin ayabukarafa Shesh esray AMA because it looks like
• 20:26
  it's part of the vineyard. It doesn't look separate enough.
• 20:29
  It looks like it's nearby and it's so therefore there goes
• 20:32
  around that unless it was a it's a distance of 16 Amos.
• 20:37
  OK, let's do another one. And Olive, this is similar
• 20:40
  Shibiel Sheba and Schnee chromium.
• 20:41
  If you have a pathway between two chromium Ray who kicked
• 20:45
  Karam Shah, Karam Shahari Benzal similar din to if you have a
• 20:50
  vineyard and part of the patch in the middle, you created a
• 20:54
  patch or a walkway, whatever part because it died or a
• 20:58
  trampled something happened to it.
• 20:59
  So you have areas where it's no longer vines as long as imesh
• 21:03
  binyam, sheshesri, AMA markik, mise arba, Amo to mise arba.
• 21:08
  So here it's all level. There's no Karitz, there's no
• 21:10
  ditch. Before the case was there is a
• 21:12
  ditch, now there's no ditch. So therefore it's not enough to
• 21:18
  have four. That's with the ditch.
• 21:20
  Here you have a path. So therefore, and again with in
• 21:24
  this case, since you're having a separation of 16 Amos, it
• 21:28
  doesn't have to go from one end to the other.
• 21:31
  And since it's all in one level, so we know you have to be daled
• 21:35
  Amos away. Just to point out, I kept saying
• 21:39
  6th Fahim and four Amos is da araisa.
• 21:43
  It just happens to be there is an opinion among Rishonim and
• 21:49
  Suffolk among Salmachronim that it could be MI da Araisa.
• 21:53
  It's really only 6th Fahim period.
• 21:56
  And the whole din of Daled Amos just point out might be might be
• 22:00
  Darabanam, but Pashtas, it's they're both there ISIL.
• 22:05
  OK, let's keep reading Zareya ET Hamotar.
• 22:09
  And then whatever is in between, whether it's eight or more that
• 22:13
  you can plant via my Apache Mikan.
• 22:15
  But if there's not 16, if your pathway is not 16 wide Loyavi
• 22:20
  Zarah Lasham, even if the path goes from one end to another, it
• 22:24
  needs to be at least 16 almost in order to to to go through.