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Text Excerpt
ובתוך עשרה פליגי? והא מיבעיא בעי לה רבה! דבעי רבה: למטה מעשרה פליגי — ובהא פליגי: דרבי עקיבא סבר קלוטה כמי שהונחה דמיא, ורבנן סברי לא אמרינן קלוטה כמי שהונחה דמיא. אבל למעלה מעשרה דברי הכל פטור, ודכולי עלמא לא ילפינן זורק ממושיט.
and it is in a case where the object passed within 10 handbreadths of the ground that they disagree? And wasn’t it raised as a dilemma by Rabba, as it was unclear to him whether or not that is the correct explanation of the dispute between R' Akiva and the Rabbis? As Rabba raised a dilemma: Do those who dispute the matter of one who throws from a private domain to a private domain with a public domain in the middle disagree with regard to a case where the object was thrown below 10 handbreadths off the ground, and this is the point over which they disagree: R' Akiva holds that an object in airspace is considered at rest, and the Rabbis hold that we do not say that an object in airspace is considered at rest? However, if the object passed more than 10 handbreadths above the public domain, everyone agrees that he is exempt and everyone agrees that we do not derive the halakha of throwing from the halakha of passing. There is a special halakha with regard to passing objects: One standing in a private domain who passes an object through a public domain to another private domain, even though the object did not come to rest in the public domain, his action is considered to have carried out. However, the halakha with regard to throwing is different.
או דילמא למעלה מעשרה פליגי — ובהא פליגי: דרבי עקיבא סבר ילפינן זורק ממושיט, ורבנן סברי לא ילפינן זורק ממושיט. אבל למטה מעשרה דברי הכל חייב. מאי טעמא, אמרינן קלוטה כמי שהונחה דמיא.
Or, perhaps they disagree with regard to a case where the object passed 10 handbreadths above the ground, and this is the point over which they disagree: R' Akiva holds that we derive the halakha of throwing from the halakha of passing and considers them details of one halakha. And the Rabbis hold that we do not derive throwing from passing, and, although one who passes the object in that case is liable, one who throws it is not. The halakha with regard to passing is a unique halakha, a Torah decree, and other cases cannot be derived from it. However, with regard to one who throws from one private domain to another via a public domain, if the object passed below 10 handbreadths off the ground, everyone agrees that he is liable. What is the reason for this? Everyone agrees that an object in airspace is considered at rest. Since Rabba himself is uncertain as to the point of the dispute in that Mishnah with regard to one who throws an object, how can he determine R' Akiva’s opinion in the matter of our Mishnah?