Eruvin 79

לא ביטלו לא אמר רב הונא מאן תנא אהלות רבי יוסי היא

However, if he did not nullify it, no, the house retains the status of a house, although it is filled with hay. Rav Huna said: Who is the tanna who taught tractate Oholot? It is Rabbi Yosei, and the tanna of the mishna does not accept his opinion.

אי רבי יוסי איפכא שמעינן ליה דתניא רבי יוסי אומר תבן ואין עתיד לפנותו הרי הוא כסתם עפר ובטל עפר ועתיד לפנותו הרי הוא כסתם תבן ולא בטיל

The Gemara asks: If that mishna is in accordance with the opinion of Rabbi Yosei, there is a difficulty, since we heard him say the opposite, as it was taught in the Tosefta that Rabbi Yosei says: In a case where there is a house full of hay and the owner does not intend to remove, it is considered as though it were filled with indeterminate dirt, and it is therefore nullified. However, if the house was full of dirt that he intends to remove, it is considered as though it were filled with indeterminate hay, and it is therefore not nullified. Apparently, the decisive factor for Rabbi Yosei is not the specific material in the house, but whether or not the owner intends to remove it.

אלא אמר רב אסי מאן תנא עירובין רבי יוסי היא

Rather, Rav Asi said: Who is the tanna who taught tractate Eiruvin? It is Rabbi Yosei, who does not accept the opinion of the tanna of tractate Oholot.

רב הונא בריה דרב יהושע אמר טומאה אשבת קרמית הנח איסור שבת דאפילו ארנקי נמי מבטל איניש

Rav Huna, son of Rav Yehoshua, said: Are you raising a contradiction between the halakhot of ritual impurity and the halakhot of Shabbat? These two areas of halakha cannot be compared. Leave aside the prohibition of Shabbat. With regard to Shabbat, a person nullifies even a pouch full of money. The pouch may not be moved on Shabbat and is therefore considered fixed in place. However, hay, which may be moved even on Shabbat, is not considered to be fixed in the ditch. With regard to ritual impurity, by contrast, the nullification must be permanent.

רב אשי אמר בית אחריץ קא רמית בשלמא חריץ למיטיימיה קאי אלא בית למיטיימיה קאי:

Rav Ashi said: And are you raising a contradiction between the halakha that governs a house and that which governs a ditch? Granted in the case of a ditch, it typically stands to be permanently filled. As there is no doubt that one’s intention is to fill the ditch, the assumption is that anything placed inside a ditch will remain there. However, does a house stand to be permanently filled? Of course it does not. Presumably, the hay and dirt will be removed. Consequently, additional proof is necessary in order to conclude that the owner of the house intends to seal it permanently.

נתן עליו נסר שרוחב ארבעה: אמר רבא לא שנו אלא שנתן לרחבו אבל לארכו אפילו כל שהוא נמי שהרי מיעטו מארבעה:

The mishna states: If one placed a plank that is four handbreadths wide across a ditch that separates two courtyards, the plank is considered an entrance. Rava said: They taught this halakha only in a case where one placed the plank along the width of the ditch. But if one positioned a plank along its length, even if the plank is of minimum width, it is also considered an entrance and reduces the ditch, as he reduced the opening to less than four handbreadths. The ditch was originally only four handbreadths wide. Therefore, if one places a plank of any width along its length, it becomes less than four handbreadths wide and no longer constitutes a partition.

וכן שתי גזוזטראות זו כנגד זו: אמר רבא הא דאמרת זו כנגד זו אין זו שלא כנגד זו לא וזו למעלה מזו נמי לא אמרן אלא שיש בין זה לזה שלשה טפחים אבל אין בין זה לזה שלשה גזוזטרא עקומה היא:

The mishna continues: And similarly, if two balconies are opposite each other, and one placed a plank four handbreadths wide between them, the residents of the two courtyards may establish a single eiruv, as the plank is considered an entrance from one courtyard to the other. Rava said: That which you said: If the two balconies are opposite each other, yes, carrying between them is permitted by means of a plank; by inference, if they are not opposite each other, no, carrying is not permitted in this manner, and in a case where one balcony is above the other as well, it is prohibited, as it is not an entrance because it is too dangerous to walk from one to the other by means of the plank. We said the prohibition in these cases only where there is a disparity of at least three handbreadths between this balcony and that balcony. However, if there is a difference of less than three handbreadths between this balcony and that balcony, it is considered a single crooked balcony. Two balconies separated by a gap of less than three handbreadths are considered joined, based on the principle of lavud.

מתני׳ מתבן שבין שתי חצירות גבוה עשרה טפחים מערבין שנים ואין מערבין אחד אלו מאכילין מכאן ואלו מאכילין מכאן נתמעט התבן מעשרה טפחים מערבין אחד ואין מערבין שנים:

MISHNA: With regard to a haystack that is positioned between two courtyards and is ten handbreadths high, it has the status of a partition, and therefore the residents of the courtyards may establish two eiruvin, and they may not establish one eiruv. These, the inhabitants of one courtyard, may feed their animals from here, from one side of the haystack, and those, the inhabitants of the other courtyard, may feed their animals from there, from the other side of the haystack. There is no concern that the haystack might become too small to serve as a partition. If the height of the hay was reduced to less than ten handbreadths across its entire length, its legal status is no longer that of a partition. Consequently, the residents of both courtyards establish one eiruv, and they do not establish two eiruvin.

גמ׳ אמר רב הונא ובלבד שלא יתן לתוך קופתו ויאכיל

GEMARA: With regard to the mishna’s statement that the inhabitants of the two courtyards are permitted to place their animals next to the haystack and feed them, Rav Huna said: And this is the halakha provided that one does not actually put hay into his basket and feed his animals. In that case, there is concern that one might inadvertently reduce the height of the partition to less than ten handbreadths, which would constitute a breach between the courtyards and invalidate both eiruvin.

ולאוקמי שרי והאמר רב הונא אמר רבי חנינא מעמיד אדם את בהמתו על גבי עשבים בשבת ואין מעמיד אדם את בהמתו על גבי מוקצה בשבת

The Gemara asks: And if the actual handling of the hay is prohibited, is it permitted to stand one’s animal next to the haystack and let it eat? Didn’t Rav Huna say that Rabbi Ḥanina said: A person may stand his animal on a patch of grass on Shabbat, as he will certainly be careful not to pull out grass for the animal, due to the severity of the Torah prohibition involved. However, a person may not stand his animal on set-aside items on Shabbat. As the prohibition of set-aside is rabbinic in origin, he might forget and move the set-aside objects himself. The same reasoning should apply in the case of the haystack. If it is prohibited by rabbinic decree to remove hay from the stack manually, it should likewise be prohibited to position one’s animal alongside the stack.

דקאים לה באפה ואזלה ואכלה

The Gemara answers: The mishna is not referring to a case where one directly brings the animal and places it alongside the haystack. Rather, it is dealing with a situation where one stands in front of the animal so that it cannot go elsewhere, and it goes and eats from the haystack of its own accord. In that case, the rabbinic decree does not apply.

ולא יתן לתוך קופתו תבן והתניא בית שבין שתי חצירות ומילאהו תבן מערבין שנים ואין מערבין אחד זה נותן לתוך קופתו ויאכיל וזה נותן לתוך קופתו ויאכיל נתמעט התבן מעשרה טפחים שניהם אסורים

The Gemara asks a question with regard to Rav Huna’s statement itself: And may one not put hay into his basket and feed his animal? Wasn’t it taught in a baraita: In the case of a house that is positioned between two courtyards and the residents filled it with hay, they establish two eiruvin, but they do not establish one eiruv, as the hay is considered a partition that divides the house. The resident of this courtyard puts hay into his basket and feeds his animal, and the resident of that courtyard puts hay into his basket and feeds his animal. If the hay was reduced to a height less than ten handbreadths, it is prohibited for residents of both to carry in their respective courtyards.

כיצד הוא עושה נועל את ביתו ומבטל את רשותו הוא אסור וחבירו מותר

How, then, does the resident of one of the courtyards act if he seeks to permit use of the other courtyard to its resident? He locks his house and renounces his right to carry in the courtyard in favor of the other person. Consequently, it is prohibited for him to carry from his house into the courtyard, and it is permitted for the other resident to do so.

וכן אתה אומר בגוב של תבן שבין שני תחומי שבת קתני מיהת זה נותן לתוך קופתו ויאכיל וזה נותן לתוך קופתו ויאכיל

And you say likewise with regard to a pit [gov] of hay that is positioned between two Shabbat limits. The residents of each area may feed their animals from the common hay, as there is no concern lest the animals go beyond the limit. In any case, the baraita teaches: The resident of this courtyard puts hay into his basket and feeds his animal, and the resident of that courtyard puts hay into his basket and feeds his animal. This halakha poses a difficulty to Rav Huna’s opinion.

אמרי בית כיון דאיכא (מחיצות ו)תקרה כי מיפחית מינכרא ליה מלתא הכא לא מינכרא ליה מלתא:

The Gemara answers: We can say that in the case of a house, since it has walls and a ceiling, when the height of the haystack is reduced the matter is conspicuous. The height disparity between the haystack and the ceiling is obvious. Consequently, when the haystack is reduced to less than ten handbreadths, people will stop carrying in the courtyard. Here, however, with regard to the hay in the pit, the difference in height is not conspicuous. The height of the hay in the pit could become diminished to the extent that the partition is nullified without anyone noticing.

נתמעט התבן מעשרה טפחים שניהן אסורין: הא עשרה שרי ואף על גב דמידליא תקרה טובא שמע מינה מחיצות שאין מגיעות לתקרה שמן מחיצות

It is stated in the baraita: If the height of the hay was reduced to less than ten handbreadths it is prohibited to carry in both courtyards. The Gemara infers from the phrasing of the baraita: If the hay was at least ten handbreadths high, it is permitted to carry there, even though the ceiling is much higher than the hay. Conclude from it that the legal status of ten-handbreadth partitions that do not reach the ceiling is that of standard partitions, which was the subject of a dispute elsewhere. Apparently, this baraita proves that they have the status of partitions in all respects.

אמר אביי הכא בבית שלשה עשר חסר משהו עסקינן ותבן עשרה

Abaye said: Here, we are dealing with the case of a house that is slightly less than thirteen handbreadths high and the hay is ten handbreadths high. The haystack is less than three handbreadths from the ceiling, and based on the principle of lavud, they are considered joined as though the partitions reach the ceiling.

ורב הונא בריה דרב יהושע אמר אפילו תימא בבית עשרה

And Rav Huna, son of Rav Yehoshua, said: Even if you say that the baraita is dealing with a house ten handbreadths high,

ותבן שבעה ומשהו דכל פחות משלשה כלבוד דמי

and the hay in the house is slightly more than seven handbreadths high it is considered a full-fledged partition that reaches the ceiling, as objects separated by any gap of less than three handbreadths are considered joined, based on the principle of lavud.

בשלמא לאביי היינו דקתני מעשרה אלא לרב הונא בריה דרב יהושע מאי מעשרה

The Gemara comments. Granted, according to the opinion of Abaye, that is why the baraita teaches: If the height of the haystack was reduced to less than ten handbreadths. However, according to Rav Huna, son of Rav Yehoshua, what is the meaning of: Less than ten? Even at the outset it was never as high as ten handbreadths.

מתורת עשרה:

The Gemara answers: It means that it was reduced to less than the law of ten handbreadths. As long as the hay is slightly more than seven handbreadths high, it is regarded as ten handbreadths high, in accordance with the principle of lavud. Once its height is reduced to less than seven handbreadths, the halakha of a partition ten handbreadths high is no longer in effect.

שניהן אסורין שמע מינה דיורין הבאין בשבת אסורין

The same baraita taught that if the height of the hay was reduced to less than ten handbreadths, it is prohibited to carry in both. The Gemara comments: Should we learn from this that residents who arrive on Shabbat prohibit the other residents from carrying? At the onset of Shabbat, both sets of residents were permitted to use the hay and the house, but once the hay was reduced on Shabbat it is as though new residents had been added to each of the courtyards, and it is prohibited for all of them to carry. Why not say that since at the beginning of Shabbat it was permitted to carry in the domain, they are permitted to do so for its duration?

דלמא דאימעט מאתמול:

The Gemara rejects this contention: Perhaps the baraita is referring to a case where the hay was already reduced on the previous day, before Shabbat began. In that case, it was never permitted to carry at all.

כיצד הוא עושה נועל את ביתו ומבטל רשותו: תרתי הכי קאמר או נועל את ביתו או מבטל את רשותו

The baraita continues: How, then, does the resident of one of the courtyards act if he seeks to permit use of the other courtyard to its resident? He locks his house and renounces his right to carry in the courtyard in favor of the other person. The Gemara is surprised by this ruling: Does he require these two steps? One should suffice. The Gemara answers: This is what the tanna of the baraita is saying: Either he locks his house or he renounces his right to the courtyard.

ואיבעית אימא לעולם תרתי כיון דדש ביה אתי לטלטולי:

And if you wish, say a different explanation instead. Actually, both actions are required in this case, even though one of them would ordinarily suffice. The reason is: Since he is accustomed to using the courtyard, he will come to carry. Consequently, the Sages were stringent with a person in this position and obligated him to implement an additional change so that he will not forget and come to carry when it is prohibited.

הוא אסור וחבירו מותר: פשיטא לא צריכא דהדר אידך ובטיל ליה לחבריה והא קא משמע לן דאין מבטלין וחוזרין ומבטלין:

It was taught in the baraita: If one locks his house and renounces his rights to the courtyard, it is prohibited for him to carry, and it is permitted for the other person to carry. The Gemara raises a difficulty: Isn’t this obvious? Why was it necessary to state this halakha? The Gemara answers: It was necessary only in a case where the other person then renounced his right in favor of the first person. And the baraita teaches us that one may not renounce his rights in favor of the other, and then have the latter renounce his own rights in favor of the former.

וכן אתה אומר בגוב של תבן שבין שני תחומי שבת: פשיטא לא צריכא לרבי עקיבא דאמר תחומין דאורייתא מהו דתימא ליגזור דלמא אתי לאיחלופי קא משמע לן:

It was further taught in the baraita: And you can say likewise with regard to a pit of hay that is situated between two Shabbat limits. The inhabitants of each area may feed their animals from the common hay. The Gemara raises a difficulty: Isn’t this obvious? The same principle that is in effect with regard to a haystack between courtyards should apply here as well. The Gemara answers: It was necessary to state this halakha only according to the opinion of Rabbi Akiva, who said that the principle of Shabbat boundaries is by Torah law. Lest you say that let us issue a decree and prohibit it, lest people come to exchange objects from one boundary to another, which would violate a Torah prohibition; therefore, the baraita teaches us that no distinction is made between the cases, and no decree of this kind is issued.

מתני׳ כיצד משתתפין במבוי מניח את החבית ואומר הרי זו לכל בני מבוי ומזכה להן על ידי בנו ובתו הגדולים ועל ידי עבדו ושפחתו העברים ועל ידי אשתו

MISHNA: How does one merge the courtyards that open into the alleyway, if a person wishes to act on behalf of all the residents of the alleyway? He places a barrel filled with his own food and says: This is for all the residents of the alleyway. For this gift to be acquired by the others, someone must accept it on their behalf, and the tanna therefore teaches that he may confer possession to them even by means of his adult son or daughter, and likewise by means of his Hebrew slave or maidservant, whom he does not own, and by means of his wife. These people may acquire the eiruv on behalf of all the residents of the alleyway.

אבל אינו מזכה לא על ידי בנו ובתו הקטנים ולא על ידי עבדו ושפחתו הכנענים מפני שידן כידו:

However, he may not confer possession by means of his minor son or daughter, nor by means of his Canaanite slave or maidservant, because they cannot effect acquisition, as ownership of objects that come into their possession is as if those objects came into his possession. Consequently, the master or father cannot confer possession to the slave or minor respectively on behalf of others as their acquisition is ineffective and the object remains in his own possession.

גמ׳ אמר רב יהודה חבית של שיתופי מבואות צריך להגביה מן הקרקע טפח

GEMARA: Rav Yehuda said: With regard to a barrel for the merging of alleyways, the one acquiring it on behalf of the alleyway’s residents must raise it a handbreadth from the ground, as he must perform a valid act of acquisition on their behalf.

אמר רבא הני תרתי מילי סבי דפומבדיתא אמרינהו חדא הא אידך המקדש אם טעם מלא לוגמיו יצא ואם לאו לא יצא

Rava said: The elders of Pumbedita, Rav Yehuda and his students, stated these two matters. One was this mentioned above with regard to lifting the barrel; and the other was: With regard to one who recites kiddush over wine on Shabbat or a Festival, if he tasted a mouthful of wine, he fulfilled his obligation; however, if he did not taste a mouthful, he did not fulfill his obligation.

אמר רב חביבא הא נמי סבי דפומבדיתא אמרינהו דאמר רב יהודה אמר שמואל עושין מדורה לחיה בשבת

Rav Ḥaviva said: In addition to the aforementioned pair of teachings, the elders of Pumbedita stated this too, as Rav Yehuda said that Shmuel said: One builds a fire for a woman in childbirth on Shabbat.

סבור מינה לחיה אין לחולה לא בימות הגשמים אין בימות החמה לא

The Gemara comments that the Sages thought to infer from here: For a woman in childbirth, yes, one builds a fire, due to her highly precarious state; for a sick person, no, one does not build a fire. Likewise, in the rainy season, when the danger of catching cold is ever present, yes, one builds a fire; in the summer, no, one may not.

איתמר אמר רב חייא בר אבין אמר שמואל הקיז דם ונצטנן עושין לו מדורה בשבת ואפילו בתקופת תמוז

The Gemara adds that which was stated: Rav Ḥiyya bar Avin said that Shmuel said: With regard to one who let blood and caught cold, one builds a fire for him on Shabbat, even during the season of Tammuz, i.e., the summer. Clearly, Rav Yehuda’s ruling is limited neither to a woman in childbirth nor to the rainy season.

אמר אמימר הא נמי סבי דפומבדיתא אמרינהו דאיתמר איזו היא אשירה סתם

Ameimar said: This too was stated by the elders of Pumbedita, as it was stated that the amora’im disagreed with regard to which tree is presumed to be a tree designated for idolatry [asheira], even though no one actually saw it worshipped.

אמר רב כל שכומרין שומרין אותה

Rav said: It is any tree that idolatrous priests guard.