A Murky Dispute
‘Water Does Not Void a Partition’
(Shabbos 100a)
Abaye on our daf says that a person who throws an object into a water-filled pit that is 10 tefachim deep and four tefachim wide is culpable because he has thrown an object into a reshus hayachid.
However, if the pit is filled with fruits and vegetables, it not is a reshus hayachid and throwing an item into it would not render a person culpable. What’s the distinction between water and fruits and vegetables in this context? There are two explanations:
Visibility
The Ramban (Novella) writes that filling a pit with fruits and vegetables cancels its status as a reshus hayachid because the pit’s walls, which as a rule must be visible, are obscured. Water, on the other hand, does not obscure the pit’s walls and thus the pit maintains its reshus hayachid status.
Usage
The Me’iri (Novella) writes that a pit with fruits and vegetables loses its status as a reshus hayachid because it can’t be used anymore. As such, the pit is not viewed as possessing the minimum ten-tefachim depth. Water, though, does not render the pit unusable. Items can still be placed in it.
Turning On Its Head
The Magen Avraham (Orach Chayim 345:10) and Sfas Emes (Novella) note a practical difference between the two views. According to the Ramban, a pit filled with glassware remains a reshus hayachid because glass doesn’t obscure the walls of the pit. But according to the Me’iri, it does not remain a reshus hayachid because the pit can’t be used.
One More Turn
The Pri Megadim (cited by Eishel Avraham, ibid. sk 11) notes another practical difference between the views of the Ramban and Meiri. If the pit is filled with murky water or wine, it loses its status as a reshus hayachid according to Ramban because the pit’s walls are not visible. But according to Me’iri, the transparency of the liquid is of no consequence. Even if it is murky, the pit remains a reshus hayachid because it can still contain material placed in it.
