Eruvin 13

[but the latter] represents<span class="x" onmousemove="('comment',' Lit., 'it'.');">¹</span> [the view of] R'Joshua who does not recognize the authority<span class="x" onmousemove="('comment',' Lit., 'looks', 'pays attention'.');">²</span> of a bath kol.<span class="x" onmousemove="('comment',' V. B.M. 59b.');">³</span>

And if you prefer I might reply: It is this that was meant:<span class="x" onmousemove="('comment',' By the statement, 'But he who wishes to act etc.'');">⁴</span> Whenever you come across<span class="x" onmousemove="('comment',' Lit., 'you find'.');">⁵</span> two Tannas and two Amoras who differ from one another in the manner of the disputes between Beth Shammai and Beth Hillel, a man should not act either in accordance with the lenient ruling of the one Master and the lenient ruling of the other Master, nor in accordance with the restriction of the one and the restriction of the other, but either in accordance with the lenient and restrictive ruling of the other or in accordance with the lenient and restrictive ruling of the other.)

At all events, [however, does not the original] difficulty<span class="x" onmousemove="('comment',' Why were the restrictions of both Rab and Samuel simultaneously imposed in the case of the Nehardean alley.');">⁶</span> [remain]? - R'Nahman B'Isaac replied: All the restrictions were imposed in accordance with the views of Rab, for R'Huna stated in the name of Rab, 'The halachah [is in agreement with the first Hillel but no such ruling is given [in actual practice]'.<span class="x" onmousemove="('comment',' The rule in practice being in agreement with Hanania who ordained the construction of doors.');">⁷</span> According to R'Adda B'Ahabah, however, who, citing Rab, stated, 'The halachah [agrees with the first Tanna] and this is also the ruling to be followed in practice,' what can be said [in reply to the objection raised]?<span class="x" onmousemove="('comment',' V. p. 35, n. 13.');">⁸</span>

- R'Shezbi replied: We do not adopt the restrictions of two [authorities who differ from one another] only<span class="x" onmousemove="('comment',' Lit., 'when do we not do etc.'?');">⁹</span> where [their views] are mutually contradictory<span class="x" onmousemove="('comment',' Sc. where the reason which impelled one authority to restrict a certain law inevitably led him to relax it in another case, while the authority that by another process of reasoning relaxed the law in the first case was led by the same process to restrict it in the latter. Anyone, therefore, who adopts either both lenient rulings or both restrictions takes up an untenable position, since the very reason for restriction in the one case is also a reason for relaxation in the other.');">¹⁰</span> as, for instance, in the case of the 'backbone and skull'; for we learned,<span class="x" onmousemove="('comment',' Oh. II, 3; Bek. 37b.');">¹¹</span>

'If the backbone or skull [of a corpse] were defective [it does not impart levitic uncleanliness by overshadowing];<span class="x" onmousemove="('comment',' Ohel (v. Glos.) . Only a complete backbone or skull impart uncleanness in this manner.');">¹²</span> and how much [is deemed to be] a defect in a backbone? Beth Shammai ruled: Two vertebrae, and Beth Hillel ruled: One vertebra; and in the case of a skull, Beth Shammai ruled: [A hole] as large as that made by a drill,<span class="x" onmousemove="('comment',' Lit., 'like the fullness of a drill'.');">¹³</span>

and Beth Hillel ruled: One that would cause a living person to die';<span class="x" onmousemove="('comment',' Lit., 'as much as would be taken from the living and he would die'.');">¹⁴</span> and Rab Judah stated in the name of Samuel, 'And the respective rulings<span class="x" onmousemove="('comment',' Of Beth Shammai and Beth Hillel.');">¹⁵</span> apply also<span class="x" onmousemove="('comment',' Lit., 'and so'.');">¹⁶</span>

in the case of trefah';<span class="x" onmousemove="('comment',' V. Glos. A defect in the backbone or skull of an animal, discovered after it had been slaughtered, renders its flesh unfit for consumption. Beth Shammai's restriction in the former case (defilement unless two links are missing) results in a relaxation in the latter (fitness for human consumption) while Beth Hillel's relaxation of the law in the former case (no defilement even if one link is missing) results in a restriction');">¹⁷</span> but where [the views] are not mutually contradictory<span class="x" onmousemove="('comment',' As in the case of the restrictions of Rab and Samuel in respect of an alley, where the reason for the ruling of the one has no bearing on the reason for that of the other.');">¹⁸</span> we may well adopt<span class="x" onmousemove="('comment',' Lit., 'we do'.');">¹⁹</span>

[the restrictions or relaxations of two authorities]. [Against the contention that] where [the views of two authorities] are mutually contradictory we do not adopt [the restrictions of both], R'Mesharsheya raised [the following] objection. [Was it not taught:]<span class="x" onmousemove="('comment',' Tosef. Sheb. III ad fin., R.H. 14a, Yeb. 15a.');">²⁰</span>

It once happened that R'Akiba gathered [the fruit of] an ethrog<span class="x" onmousemove="('comment',' V. Glos.');">²¹</span> on the first of Shebat<span class="x" onmousemove="('comment',' The eleventh month of the Hebrew calendar (corresponding to January / February) the first day of which is regarded by Beth Shammai as the New Year for Trees. The gathering took place at the end of the second year of the septennial cycle and the beginning of the third.');">²²</span> and subjected it to two tithes,<span class="x" onmousemove="('comment',' The 'second tithe' which is due in the second year of the septennial cycle, and the 'poor man's tithe' which is due in the third year of the cycle.');">²³</span>

one<span class="x" onmousemove="('comment',' The 'poor man's tithe'.');">²⁴</span> in accordance with the ruling of Beth Shammai<span class="x" onmousemove="('comment',' According to whom, the first of Shebat being regarded as the beginning of the New Year for Trees, the third year of the cycle had already begun, and the tithe due was, therefore, that of the poor.');">²⁵</span> and the other<span class="x" onmousemove="('comment',' The 'second tithe'.');">²⁶</span>

in accordance with the ruling of Beth Hillel?<span class="x" onmousemove="('comment',' Who, maintaining that the New Year for Trees does not begin until the fifteenth of Shebat, regard the first day of the month as still belonging to the concluding year, i.e., the second of the cycle in which the 'second tithe' is due.');">²⁷</span> - R'Akiba was uncertain of his tradition,<span class="x" onmousemove="('comment',' In respect of the view of Beth Hillel. He was not concerned at all with the view of Beth Shammai.');">²⁸</span> not knowing whether Beth Hillel said the first of Shebat or the fifteenth of Shebat and, therefore, he subjected himself to both restrictions.<span class="x" onmousemove="('comment',' Lit., 'and he did here as a restriction and here etc.' ch,hu');">²⁹</span>

R'Joseph sat before R'Huna and in the course of the session<span class="x" onmousemove="('comment',' , wanting in MS.M.');">³⁰</span> he stated: Rab Judah laid down in the name of Rab that they<span class="x" onmousemove="('comment',' Hanania and the first Tanna who are in dispute supra on the question of alleys that are open at both ends. thyrx thyryxt');">³¹</span> differed only where [an alley opens out] into a camp<span class="x" onmousemove="('comment',' Or 'public road'. = .');">³²</span>

on the one side and into a camp on the other,<span class="x" onmousemove="('comment',' Lit., 'from here ... from here'. thykp');">³³</span> or into a highway<span class="x" onmousemove="('comment',' cf. Gr. **. vgec');">³⁴</span> on the one side and into a highway on the other,<span class="x" onmousemove="('comment',' Lit., 'from here ... from here'. thykp');">³³</span>

but [where there was] a camp on one side and fields<span class="x" onmousemove="('comment',' , lit., 'valley', a domain which, in respect of the Sabbath laws, is regarded as neither public nor private but as karmelith (v. Glos.) .');">³⁵</span> on the other,<span class="x" onmousemove="('comment',' Lit., 'from here ... from here'. thykp');">³³</span> or fields on either side, the frame of a doorway is made at one end and a side-post and cross-beam at the other.<span class="x" onmousemove="('comment',' No door, even according to Hanania, being required.');">³⁶</span>

Now [that it has been said that 'where there was] a camp on one side and fields on the other' [it is sufficient if] 'the frame of a doorway is made at one end and a side-post and cross-beam at the other' [was it at all] necessary [to state the case of] 'fields on either side'? It is this that was meant: If there was a camp on one side and fields on the other it is the same<span class="x" onmousemove="('comment',' Lit., 'it is made'.');">³⁷</span> as [if there were] fields on either side.

He<span class="x" onmousemove="('comment',' R. Joseph.');">³⁸</span> then concluded in the name of Rab Judah:<span class="x" onmousemove="('comment',' Not indicating the latter's authority for the ruling (cf. infra note 10) .');">³⁹</span> If the alley<span class="x" onmousemove="('comment',' That opened out into a public domain.');">⁴⁰</span>

terminated<span class="x" onmousemove="('comment',' At the opposite end.');">⁴¹</span> in a backyard,<span class="x" onmousemove="('comment',' And that wall of the yard that adjoined a public domain was broken through, so that the alley was now open into a public domain on its two vcjr sides. an area at the back of a house enclosed by four walls.');">⁴²</span> no [construction]<span class="x" onmousemove="('comment',' Either of side-post or cross-beam.');">⁴³</span> whatever is necessary.<span class="x" onmousemove="('comment',' At the breach, in the backyard wall. Only that end of the alley that opens out directly into the public domain requires the prescribed construction.');">⁴⁴</span> Said Abaye to R'Joseph: That statement of Rab Judah<span class="x" onmousemove="('comment',' Just quoted by R. Joseph (cf. Supra note 4) .');">⁴⁵</span> represents the view of Samuel;