[Avodah] Rakia, maasei bereishis, halacha

[Elazar M. Teitz]

 The following dialogue took place between RCManaster and RMBerger;

[CM]  Given that certainly a star whose distance is many (maaaaany) light years away and even a satellite is certainly not in a chatzer hamishtameres nor the owner betzidoh.

[MB]   How do you know if my yard is mishtemeres of if I am betzidahh? Are you arguing these are requirements for the cheftzah, not (as the idiom seems  to indicate) the chatzeir?

[CM]   What I assumed, is that all the avir above your karka is just more of your very laaaarge extended chatzer all the way up to the rakia. Certainly the part of your chatzer that is very distant is not mishtameres nor are you metzidoh. Nothing to do with the cheftzah.

     Cheftza is most definitely a consideration.  The same chatzeir, with the same omeid b'tzida, is considered mishtameres for a tzvi shavur, but not for a tzvi ratz k'darko, per the mishna in Bava Metzia 11a.

      However, the extent of the chatzeir is irrelevant to a satellite.  My chatzeir does not acquire someone else's property which is within it, unless its owner wants to convey ownership to me.

EMT


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