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Fear stripes

שו”תCategory: Talmudic studyFear stripes
asked 6 years ago

Hello Rabbi,
It is stated in the Rambam regarding the lines of the bereavement:

These lines were not permitted, except in the Land of Israel, and only for the livestock of pilgrims — and that would be a well of living water for many.

It seems that this is a Sage ruling that came to permit a situation that was forbidden by the Torah. How do the Sages have the authority to permit such a thing?
Best regards,

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0 Answers
מיכי Staff answered 6 years ago

This is a rabbinical prohibition, because according to the Torah, these partitions are kosher.
See review here:
https://he.wikipedia.org/wiki/%D7%A4%D7%A1%D7%99_%D7%91%D7%99%D7%A8%D7%90%D7%95%D7%AA
 

אורן replied 6 years ago

Will there also be a useful partition from the Torah for this sukkah?

מיכי Staff replied 6 years ago

It depends on whether the area between the diomedes is an opening or a breach. If there is a shape of an opening there, then apparently it is also useful in the sukkah. In the sukkah, the issue of diomedes is on page 4, and there it is said that there is a covering on their backs, and then there is the shape of the opening. But in the Bar”yi on Shabbat there is no need for a covering, and it is of course not useful to be a wall for the sukkah.

אורן replied 6 years ago

In the Rambam it is written as follows:
A partition over a cistern that has a lip, or over a well that has a passin, is a kosher sukkah, for that Sabbath only, which is within the holiday: From this and the following passages, these are partitions for the purpose of the Sabbath, we will consider them as partitions for the purpose of the sukkah.

This means that these partitions are not complete partitions for every purpose, but only partitions for the purpose of the Sabbath, and this is the reason why they are useful for the sukkah only on the Sabbath. How is it possible that a certain partition can be considered a partition only for the purpose of the Sabbath and not for other matters? Either it is a partition or it is not.

מיכי Staff replied 6 years ago

This is a complicated issue in Sukkah 7:1. Regarding the issue of a faded wall for Shabbat, it should be a wall for the Sukkah, 7:1. And in other issues, we see that there is a difference between the partition of Shabbat and the Sukkah. For example, in the partitions of God Asik and Achit, the Rishonim disagreed (ibid., page 4 and more).

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