阿巴耶:论私人区人人从 拉夫希斯达;那一段说的是树立私人区而枝伸公共区的特例。
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论到这一说,阿巴耶 说:论私人区,人人都以为这条 哈拉哈 当依 拉夫希斯达——私人区算作一体,自地上达于天。
Regarding this assertion, Abaye said: In the private domain, everyone agrees that the halakha is in accordance with the opinion of Rav Ḥisda, i.e., that the private domain is considered one entity filled from the ground to the sky.
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然而这里那一段 《巴拉伊塔》 说的是一件特别的事:有一棵树立在私人区里,枝子却斜伸到公共区上头,有人从公共区把东西抛上去,落在那树枝上。
However, here this baraita is referring to a special case involving a tree standing in the private domain and its boughs lean into the public domain, and one threw an object from the public domain and it rested upon the boughs of the tree.
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拉比犹大·哈纳西 以为可以说:把枝子随着树身论。
Rabbi Yehuda HaNasi holds that we say: Cast its boughs after its trunk.
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树的枝子算作树身的延伸,所以整棵树都算作私人区,往上抛东西的人就有责。
The tree’s branches are considered an extension of its trunk, therefore the entire tree is considered a private domain, and one who throws onto it is liable.
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众拉比却以为不可说「把枝子随着树身论」;所以枝子本身算不得私人区,乃是免责区,人从公共区往枝上抛东西,就不有责。
And the Rabbis hold that we do not say: Cast its boughs after its trunk, and therefore the boughs themselves are not considered to be a private domain, but rather an exempt domain, and one who throws atop them from the public domain is not liable.