זאכדיענליכע הלכות נאך דעם סדר פאן עיִן משפט
- D’oraisa, one is only chayav on the melacha of hotza’a if one performed an akira (lifting up) in one reshus (i.e. in ones house) on an object and then did a hanacha (placing down) of the same object in a different reshus (i.e. in public property).
- If two people are involved, such as the case of the first Mishna, only the one who does both akira and hanacha is chayav. The second party is considered „patur and mutar“; in other words, it is permissible a priori for him to receive the object from the first party. However, „patur and mutar“ only refers to the laws of Shabbos. This second party would still be liable for the prohibition of „לפני עור“. The Rosh adds that even in a scenario where the object was within reach of the second party, there is still a rabbinic prohibition of לפני עור.
- One who does only an akira or a hanacha is considered „patur aval assur“, ergo he receives מכת מרדות (lashes for being rebellious) according to the Rambam. Lechatchila, it is prohibited to utilise this method in order to transfer objects from one reshus to another.
- One may not transfer objects to a non-Jew or a non-observant Jew by picking up the object (akira) and the latter taking it from the former’s hand (hanacha by the person standing in the other reshus). This is prohibited because of מראית העין.
