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THE DAFYOMI DISCUSSION LIST
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Rosh Kollel: Rabbi Mordecai Kornfeld
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Eruvin 89: Ma'akeh
Eric Haas asked:
Something that occurred to me - R. Yosef establishes the case he couldn't
remember as having partitions around the walls of the roof. Doesn't a flat
roof have to have a maakeh of ten tefachim according to halacha, so how
could the case be otherwise?
Eric Haas, Philadelphia, USA
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The Kollel replies:
The case could be this way for a variety of reasons. One reason may be
that the surface on top of the roof might be a Chatzer for Jews, while the
building itself is owned by a Nochri, which would make the Jews exempt from
Mitzvas Makeh. Or the building is owned as a partnership between a Nochri
and a Jew which might also be a reason that it could be Patur from Makeh
(see Minchas Chinuch Mitvzah 546:7).
All the best,
Yaakov Montrose
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