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Today’s Daf Yomi Question:
Rebbi Yehuda seems to agree that the limit of a standard pietza is ten amos; which is presumably learned from Halacha lemoshe misinai. If so, how can he allow an opening of thirteen by Pasei Bira’os?
Rebbi Yehuda actually argues in a Braysa on the Halacha of the first Mishna of the openning being more than ten. When he mentions ten and thirteen to differentiate between Pasei Bira’os and conventional Mechitzos it does sound like a Derabanan.
Tosafos says in the beginning of the Perek that Omed Meruba doesn’t apply here since we have four Mechitzos. Perhaps we can apply this to wider than ten, as well.
We don’t really find a Pirtza of ten being used Midi’oraysa, other than for Kla’im. It is always discussed in the situation of a Mavui or Chatzer. It may very well be a Takana from Chazal that the Mavui appears too open. And perhaps by Kla’im it is worse since it is only one wall. Therefore, it is not a Mechitza, only a separation. With an openning wider than ten Amos it is not a separation. But four walls does cordon off an area.
On the Top of the Amud we have a Memrah from Rabbi Yirmia Ben Elazar , that the Middah of Hakadosh Baruch hu is not the middah of man. The Gemmarrah continues to say what that is. It seems that this memrah is more like the middah of the Yidin verses the goyim . Usually when it says “Basar Vadam” it means man. Here it seems like it should say the middah of Yidin.
It would make more sense if the Gemmarrah would say the look at the Middah of how Yidin relate to Hakadosh Baruch hu verses how goyim relate to man.