Halakhah for Eruvin 34:20

מותר

should no flogging be incurred in that case also?<span class="x" onmousemove="('comment',' But the fact is that flogging is in that case incurred.');">²⁶</span> - It was this difficulty that R'Jonathan felt: [Is not this]<span class="x" onmousemove="('comment',' The injunction, 'Let no man go out' (Ex. XVI, 29) from which the prohibitions of both (a) walking beyond the Sabbath limits and (b) carrying utk from one Sabbath domain into another are inferred (v. Tosaf. s.v. a.l.) .');">²⁷</span> a prohibition that was given to [authorize] a warning of death at the hands of Beth din<span class="x" onmousemove="('comment',' For the carrying of objects from one Sabbath domain into another the penalty is not flogging but death (cf. Shab. 96b) .');">²⁸</span> and for any prohibition given to [authorize] a warning of death no flogging is incurred?<span class="x" onmousemove="('comment',' Even where the penalty of death is not inflicted as, for instance, where the witnesses gave their warning in respect of flogging. How then could it be ruled by R. Hiyya that 'for transgressing the laws of 'erub of boundaries', which are derived from the same text (cf. supra p. 118 n. 15) , 'flogging is incurred'?');">²⁹</span> - R'Ashi replied: Is it written in Scripture, 'Let no man carry out?<span class="x" onmousemove="('comment',' Which would explicitly have referred to the carrying of objects. Had this been the case, and as walking beyond the Sabbath limits is inferred from the same text, as no flogging is incurred for the carrying of objects so could none be incurred for walking beyond the Sabbath limits.');">³⁰</span> It is [in fact] written: Let no man go out.<span class="x" onmousemove="('comment',' Ex. XVI, 29. Since the expression used is actually that of going out, flogging is rightly incurred for acting against this prohibition (cf. Tosaf. loc. cit. Rashi has a different interpretation) .');">³¹</span> <big><b>MISHNAH: </b></big>WELLS<span class="x" onmousemove="('comment',' That are situated in a public domain and are no less than ten handbreadths deep and four handbreadths wide and, in consequence, subject to the status of a private domain.');">³²</span> MAY BE PROVIDED<span class="x" onmousemove="('comment',' In order that water may be drawn from them on the Sabbath.');">³³</span> WITH STRIPS OF WOOD<span class="x" onmousemove="('comment',' No proper enclosure being necessary (v. infra) .');">³⁴</span> [BY FIXING] FOUR CORNER-PIECES<span class="x" onmousemove="('comment',' Or deyomads (cf. note supra 15a) , each consisting of two upright boards of the prescribed measurements (v. infra) with their ends joined at right angles to each other.');">³⁵</span> THAT HAVE THE APPEARANCE OF EIGHT [SINGLE STRIPS];<span class="x" onmousemove="('comment',' So that each of the four sides of the well is screened at each of its two ends by a strip of wood of the prescribed size, and the space around it within the enclosure is thus converted into a private domain into which water from the well may be drawn (cf. supra n. 2) .');">³⁶</span> SO R'JUDAH. R'MEIR RULED: EIGHT [STRIPS THAT] HAVE THE APPEARANCE OF TWELVE [MUST BE SET UP], FOUR BEING CORNER-PIECES AND FOUR SINGLE [STRIPS].<span class="x" onmousemove="('comment',' One between each two corner-pieces (cf. previous note) .');">³⁷</span> THEIR HEIGHT [MUST BE] TEN HANDBREADTHS, THEIR WIDTH SIX, AND THEIR THICKNESS [MAY BE] OF ANY SIZE WHATSOEVER'BETWEEN THEM [THERE MAY BE] AS MUCH<span class="x" onmousemove="('comment',' Lit., 'like the fullness of'.');">³⁸</span> [SPACE AS TO ADMIT] TWO TEAMS OF THREE OXEN EACH; SO R'MEIR; BUT R'JUDAH SAID: OF FOUR [OXEN EACH, THESE TEAMS BEING] TIED TOGETHER AND NOT APART<span class="x" onmousemove="('comment',' This is a restriction: The space must not be wider than that.');">³⁹</span> [BUT THERE MAY BE SPACE ENOUGH FOR] ONE<span class="x" onmousemove="('comment',' Team (v. infra 19a ad fin.)');">⁴⁰</span> TO ENTER WHILE THE OTHER GOES OUT.<span class="x" onmousemove="('comment',' A relaxation of the law: They need not be brought so closely together as to leave no room for them to move freely.');">⁴¹</span> IT IS PERMITTED TO BRING [THE STRIPS] CLOSE TO THE WELL, PROVIDED A COW CAN BE WITHIN [THE ENCLOSURE WITH] ITS HEAD AND THE GREATER PART OF ITS BODY WHEN DRINKING.<span class="x" onmousemove="('comment',' If the space is smaller, the drawing of water is forbidden on the Sabbath, since the cow might back out of the enclosure and one might carry the bucket after her and thus be guilty of carrying from a private, into a public domain.');">⁴²</span> IT IS PERMITTED

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