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12.8.19

argument between the Rambam and the Rashba and Tosphot

The argument between the Rambam and the Rashba and Tosphot concerning an alley with three walls.
To the Rambam it has a category of a carmlit [a middle state that is not a private domain nor a public domain] To Tosphot and the Rashba it is a private domain.


One of the commentators of the Yerushlmi brings this subject and the opinion of the magid mishna on the Rambam.
What is hard to understand about the Rambam here is the gemara in Suka page 7: an alley that is open on two sides--if equipped with a lehi is a private domain and if with overhead board is a carmlit.

If the Rambam would be right why should the Gemara deal with an alley with two walls?

In this area there is an argument between the Magid Mishna on the Rambam and Rav Moshe Margolit [the author of the Pnei Moshe on the Yerushalmi].

To Rav Moshe the three wall alley that is open to a carmlit and has a lehi is a reshut Hayakid. And to me it looks like he is using this idea to answer for the Rambam. I do not see how this helps the Rambam. If a simple lehi helps an open alley [open on two sides] then why should an alley closed on three sides be worse.

I guess he must be saying the open alley also is just open to a carmlit. Still I admit it is hard for me to see how the Ramabm could fit into the Gemara over here.

[Sorry if I do not have any more ability to concentrate on things in order to make my remarks clearer--after my experience with getting arrested because of false accusations I have little ability to concentrate on anything.]]