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THE DAFYOMI DISCUSSION LIST brought to you by Kollel Iyun Hadaf of Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld [EMAIL PROTECTED] [REPLY TO THIS MESSAGE TO DISCUSS THE DAF WITH THE KOLLEL] ________________________________________________________________ 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 ---------------------------------------------- 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 _______________________________________________ Daf-discuss mailing list Daf-discuss@shemayisrael.co.il http://www.shemayisrael.com/mailman/listinfo/daf-discuss_shemayisrael.co.il