Eruvin 134

אפי' פתוח לקרפף

Even if it opened to a karpaf.<span class="x" onmousemove="('comment',' Does not the heathen in any way restrict the use of the alley for its residents.');">¹</span> Both Rabbah and R'Joseph ruled: A gentile<span class="x" onmousemove="('comment',' Whose courtyard had one door opening into an alley in which courtyard doors of Israelites also opened, and another door opening into a karpaf.');">²</span> causes restrictions<span class="x" onmousemove="('comment',' On the use of the alley by his Israelite neighbours.');">³</span> [if his karpaf was no bigger than] two beth se'ah,<span class="x" onmousemove="('comment',' Since the area of the karpaf is not big enough to induce him to give up his use of the alley.');">⁴</span>

רבה ורב יוסף דאמרי תרוייהו נכרי בית סאתים אוסר יותר מבית סאתים אינו אוסר

but if it was bigger<span class="x" onmousemove="('comment',' In consequence of which he prefers to use the karpaf and the door that leads to it, and dispenses entirely with his right to the use of the alley.');">⁵</span> he causes no restrictions;<span class="x" onmousemove="('comment',' On the use of the alley by his Israelite neighbours.');">⁶</span> an Israelite,<span class="x" onmousemove="('comment',' V. supra n. 5.');">⁷</span> however, causes no restrictions<span class="x" onmousemove="('comment',' Even if he did not join in the 'erub of the other residents.');">⁸</span>

וישראל בית סאתים אינו אוסר

[if his karpaf was no bigger than] two beth se'ah,<span class="x" onmousemove="('comment',' As he is permitted to use a karpaf of such a size on the Sabbath, and since its area fully suffices for all his possible Sabbath requirements and is also more convenient for his use than the comparatively smaller space of the alley, he is presumed to have dispensed with his right to the use of the alley which may, therefore, be provided by its other residents with a valid 'erub even if he does not participate in it.');">⁹</span> but if it was bigger<span class="x" onmousemove="('comment',' So that it has the status of a karmelith (v. Glos.) into which he is forbidden to move any objects from his courtyard on the Sabbath.');">¹⁰</span> he<span class="x" onmousemove="('comment',' Being inevitably driven to the use of the alley.');">¹¹</span> does cause restrictions.<span class="x" onmousemove="('comment',' On the use of the alley by his Israelite neighbours.');">⁶</span>

יותר מבית סאתים אוסר

Raba B'Haklai<span class="x" onmousemove="('comment',' MS.M., 'Hakuka'.');">¹²</span> asked R'Huna: What is the ruling<span class="x" onmousemove="('comment',' According to Rab Judah who spoke (supra 67a ad fin.) of a door that opened into a valley.');">¹³</span> where [the door of a gentile's courtyard]<span class="x" onmousemove="('comment',' That had also a door to an alley in which Israelites resided.');">¹⁴</span> opened into a karpaf<span class="x" onmousemove="('comment',' Sc. has a karpaf the same status as a valley?');">¹⁵</span>

בעא מיניה רבא בר חקלאי מרב הונא פתוח לקרפף מהו א"ל הרי אמרו בית סאתים אוסר יותר מבית סאתים אינו אוסר

The other replied: Behold it has been said: 'Causes restrictions if [his karpaf was no bigger than] two beth se'ah, but if it was bigger he causes no restrictions'.<span class="x" onmousemove="('comment',' Supra q.v. notes.');">¹⁶</span> Ulla laid down in the name of R'Johanan: If a man threw an object<span class="x" onmousemove="('comment',' From a public domain, on the Sabbath when it is forbidden to move objects from a public domain into a private one and vice versa.');">¹⁷</span> into a karpaf that was bigger than two beth se'ah and that was not enclosed for dwelling purposes he incurs guilt<span class="x" onmousemove="('comment',' Sc. he is liable to bring a sin-offering as if he had thrown the object into a private domain.');">¹⁸</span> even if it was of the size of a kor or even as big as two kors.

אמר עולא אמר רבי יוחנן קרפף יותר מבית סאתים שלא הוקף לדירה ואפילו כור ואפילו כוריים הזורק לתוכו חייב מ"ט מחיצה היא אלא שמחוסרת דיורין

What is the reason?<span class="x" onmousemove="('comment',' I.e., since a karpaf of the size mentioned is subject to the law of a karmelith, within which the movement of objects beyond the distance of four cubits is forbidden, why should it here be regarded as a private domain?');">¹⁹</span> - It is a proper enclosure<span class="x" onmousemove="('comment',' Hence it has Pentateuchally the same status as a private domain, and guilt is therefore incurred for throwing any objects from a public domain into it.');">²⁰</span> which only lacks tenants.<span class="x" onmousemove="('comment',' In consequence of which it was Rabbinically subjected to the restrictions of a karmelith also.');">²¹</span> R'Huna B'Hinena<span class="x" onmousemove="('comment',' MS. M., 'Hanina'.');">²²</span>

מתיב רב הונא בר חיננא סלע שבים גבוה עשרה ורוחב ארבעה אין מטלטלין לא מן תוכו לים ולא מן הים לתוכו פחות מכאן מטלטלין עד כמה עד בית סאתים

raised all objection: If a rock in the sea<span class="x" onmousemove="('comment',' A sea is subject to the restrictions of a karmelith.');">²³</span> was ten handbreadths high and four handbreadths wide it is forbidden to move objects from it into the sea and from the sea into it;<span class="x" onmousemove="('comment',' Even within four cubits; because a rock of the dimensions given has the status of a private domain into which from a karmelith and into a karmelith from which it is forbidden to move objects on the Sabbath.');">²⁴</span> but if it was lower<span class="x" onmousemove="('comment',' Lit., 'less than here (stated) '.');">²⁵</span> this is permitted.<span class="x" onmousemove="('comment',' Lit., ' (they may) move (objects) ', from the sea into it and from it into the sea, within four cubits, since such a low rock has the status of a karmelith like the sea which surrounds it.');">²⁶</span>

אהייא אילימא אסיפא בית סאתים טפי לא והא מכרמלית לכרמלית קא מטלטל

To what extent?<span class="x" onmousemove="('comment',' In the area of the rock. It will be explained presently what the question and the following answer refer to.');">²⁷</span> To two beth se'ah.<span class="x" onmousemove="('comment',' But not to a bigger area.');">²⁸</span> Now what do these<span class="x" onmousemove="('comment',' The last question and answer.');">²⁹</span> refer to?

אלא לאו ארישא והכי קאמר סלע שבים גבוה עשרה ורוחב ד' אין מטלטלין לא מתוכו לים ולא מן הים לתוכו ועד כמה עד בית סאתים הא יתר מבית סאתים מטלטלין אלמא כרמלית היא תיובתא דר' יוחנן

If it be suggested: To the final clause,<span class="x" onmousemove="('comment',' Which deals with a rock that was lower than ten handbreadths.');">³⁰</span> the objection would arise: Seeing that one would only be moving front a karmelith to a karmelith,<span class="x" onmousemove="('comment',' Since, whatever its area, a rock that is lower than ten handbreadths has the status of a karmelith.');">³¹</span> why only two beth se'ah, and no more? Consequently it must refer<span class="x" onmousemove="('comment',' Lit., 'but not?'');">³²</span>

אמר רבא מאן דלא ידע תרוצי מתנייתא תיובתא מותיב ליה לרבי יוחנן לעולם ארישא והכי קאמר הא בתוכו מטלטלין ועד כמה עד בית סאתים

to the first clause, and what was implied was this: 'If a rock in the sea was ten handbreadths high and four handbreadths wide it is forbidden to move objects from it into the sea and from the sea into it', and 'To what extent?<span class="x" onmousemove="('comment',' Of area of rock.');">³³</span> To two beth se'ah', from which it follows that if it was bigger than two beth se'ah the movement of objects is permitted.<span class="x" onmousemove="('comment',' Cf. supra n. 9 mut. mut.');">³⁴</span> It is thus obvious that a rock of such dimensions has<span class="x" onmousemove="('comment',' On account of its big area, despite its height.');">³⁵</span> the status of a karmelith.

רב אשי אמר לעולם ארישא הן אמרו והן אמרו

Does not this<span class="x" onmousemove="('comment',' The relaxation of the law in turning a private domain into a karmelith on account of the extent of its area.');">³⁶</span> then present an objection against R'Johanan?<span class="x" onmousemove="('comment',' Who laid down supra that though a karpaf was bigger than two beth se'ah it is still subject to the restrictions of a private domain and that a person who threw an object from a public domain into it incurs guilt.');">³⁷</span> - Raba retorted: only he who does not know how to explain Baraithas raises such an objection against R'Johanan. [The limitation]<span class="x" onmousemove="('comment',' To 'two beth se'ah', in the Baraitha cited by R. Huna b. Hinena.');">³⁸</span>

הן אמרו קרפף יתר מבית סאתים שלא הוקף לדירה אין מטלטלין בו אלא בד' אמות והן אמרו אין מטלטלין מרשות היחיד לכרמלית

as a matter of fact refers t the first clause,<span class="x" onmousemove="('comment',' Which deals with a rock that was lover than ten handbreadths.');">³⁹</span> and it is this that was meant: Within it,<span class="x" onmousemove="('comment',' Sc. on the surface of the rock itself.');">⁴⁰</span> however,<span class="x" onmousemove="('comment',' Since the first clause only stated that 'it is forbidden to move objects from it into the sea and from the sea into it' and did not forbid the movement of objects on the surface of the rock from one part of it to another.');">⁴¹</span> it is permitted to move objects; and 'To what extent?<span class="x" onmousemove="('comment',' Of area of rock is the movement of objects on the rock itself permitted.');">⁴²</span>

בית סאתים דשרי לטלטולי בכוליה אסרי רבנן לטלטולי לא מן הים לתוכו ולא מתוכו לים מ"ט רה"י גמורה היא

To two beth se'ah'.<span class="x" onmousemove="('comment',' But if it is bigger it loses, on account of its wide extent and the absence of inhabitants, the status of a private domain in respect of the movement of objects within it, and assumes that of a karmelith. Had it not been subjected to these restrictions people might erroneously have treated a public domain also with the same laxity. On account of its height, however, it retains, in relation to the sea, the status of a private domain the movement of objects from which into the sea and vice versa remains forbidden.');">⁴³</span> R'Ashi replied: [The limitation<span class="x" onmousemove="('comment',' To 'two beth se'ah', in the Baraitha cited by R. Huna b. Hinena.');">⁴⁴</span> applies] indeed to the first clause,<span class="x" onmousemove="('comment',' But not, as Raba explained, to an inference from that clause.');">⁴⁵</span> for the Rabbis have laid down the one ruling<span class="x" onmousemove="('comment',' That relating to a karpaf as enunciated by R. Johanan.');">⁴⁶</span>

יתר מבית סאתים דאסור לטלטולי בכוליה שרו רבנן לטלטולי מתוכו לים ומן הים לתוכו מ"ט דלמא אמרי רה"י גמורה היא ואתי לטלטולי בכוליה

and they themselves have also laid down the other ruling:<span class="x" onmousemove="('comment',' The one in the first clause of the Baraitha cited by R. Huna b. Hinena as defined by the limitation at its conclusion. Since both rulings are merely Rabbinical and not Pentateuchal the Rabbis could well abrogate one in favour of the other wherever the general requirements of the Sabbath laws demanded such a course; as will be explained anon.');">⁴⁷</span> They have laid down the ruling that in a karpaf that was bigger than two beth se'ah and that was not enclosed for dwelling purposes the movement of objects is permitted Only within four cubits,<span class="x" onmousemove="('comment',' Sc. that it has been given the status of a karmelith as a restriction and safeguard against mistaking it for a public domain and applying its relaxation to the latter also. It is nevertheless forbidden to move airy objects from it into a public domain or vice versa since, as R. Johanan stated, it is Pentateuchally regarded as a private domain proper.');">⁴⁸</span> and they themselves have also laid down the ruling that no objects may be moved from a private domain into a karmelith.<span class="x" onmousemove="('comment',' As a precaution against the moving of objects from a private into a public domain.');">⁴⁹</span> [In the case, therefore, of a rock that was no bigger than] two beth se'ah, throughout the area of which the movement of objects is permitted, the Rabbis have forbidden the movement of objects from the sea into it as well as from it into the sea.<span class="x" onmousemove="('comment',' Since the prohibition only strengthens the Sabbath laws and can in no way lead, as in the case that follows, to their infringement.');">⁵⁰</span>

ומאי שנא תוכו שכיח מתוכו לים ומן הים לתוכו לא שכיח:

What is the reason?<span class="x" onmousemove="('comment',' For the imposition of the restrictions.');">⁵¹</span> Because it<span class="x" onmousemove="('comment',' The rock whose area was less than two beth se'ah.');">⁵²</span> is a private domain In all respects.<span class="x" onmousemove="('comment',' And no infringement of the law (cf. infra n. 10) need be provided against.');">⁵³</span> [If, however, It was] bigger than two beth se'ah, throughout the area of which the movement of objects is forbidden,<span class="x" onmousemove="('comment',' It having been given the status of a karmelith.');">⁵⁴</span>

ההוא ינוקא דאשתפיך חמימיה אמר להו רבה נייתו ליה חמימי מגו ביתאי א"ל אביי והא לא ערבינן

the Rabbis permitted the movement of objects from it into the sea and from the sea into it.<span class="x" onmousemove="('comment',' Within four cubits.');">⁵⁵</span> What is the reason?<span class="x" onmousemove="('comment',' Sc. why were not the restriction had been imposed and the movement of this case also?');">⁵⁶</span> Because, otherwise,<span class="x" onmousemove="('comment',' If the restrictions had been imposed ant the movement of objects from it into the sea or vice versa had been forbidden even within four cubits.');">⁵⁷</span> people might assume it to be a private domain in all respects and, in consequence, would also move objects throughout its area.<span class="x" onmousemove="('comment',' Even beyond four cubits. As this, however, " would="" entail="" an="" infringement="" of="" the="" rabbinical="" law="" which="" imposed="" on="" such="" area="" restrictions="" a="" karmelith,="" it="" was="" considered="" preferable="" to="" abrogate="" in="" this="" case="" forbidding="" movement="" objects="" between="" karmelith="" and="" private="" domain.');"="">⁵⁸</span>

א"ל נסמוך אשיתוף א"ל הא לא שתפינן נימרו ליה לנכרי ליתי ליה

But wherein does the one differ from the other?<span class="x" onmousemove="('comment',' I.e., why should the law against moving objects between a karmelith and a private domain be abrogated rather than the one forbidding the movement of objects beyond four cubits in a private domain that was bigger than two beth se'ah?');">⁵⁹</span> - It is usual to move objects within the area of the rock itself<span class="x" onmousemove="('comment',' Hence it was necessary to enact a preventive measure.');">⁶⁰</span> but it is unusual to move objects from it into the sea or from the sea into it.<span class="x" onmousemove="('comment',' Against that which is unusual no preventive measures were enacted. Only in the case of a private domain and a karmelith on land, the movement of objects between which is not infrequent, has such a preventive measure been deemed necessary.');">⁶¹</span> There was once a child whose warm water<span class="x" onmousemove="('comment',' That was prepared for him prior to the Sabbath, in connection with his circumcision due on the Sabbath day, and kept warm for the purpose.');">⁶²</span>

אמר אביי בעי לאותביה למר ולא שבקן רב יוסף דאמר רב [יוסף אמר רב] כהנא כי הוינן בי רב יהודה הוה אמר לן בדאורייתא מותבינן תיובתא והדר עבדינן מעשה בדרבנן עבדינן מעשה והדר מותבינן תיובתא

was spilled.<span class="x" onmousemove="('comment',' On the Sabbath.');">⁶³</span> 'Let some warm water', said Rabbah 'be brought for him from my house'.<span class="x" onmousemove="('comment',' Which was in the same courtyard.');">⁶⁴</span> 'But', observed Abaye, 'We have prepared no 'erub'.<span class="x" onmousemove="('comment',' Sc. an 'erub of courtyards' which enables the tenants of different houses in the same courtyard to move objects from house to house through the courtyard area.');">⁶⁵</span> 'Let us then rely', the other replied.'

לבתר הכי אמר ליה מאי בעית לאותביה למר אמר [ליה דתניא] הזאה שבות ואמירה לנכרי שבות

on the shittuf'.<span class="x" onmousemove="('comment',' V. Glos. Shittuf in an alley in relation to its courtyards and the houses in their courtyards serves the same purpose as that of 'erub in a courtyard in relation to its houses (cf. infra 73a) .');">⁶⁶</span> 'But', Abaye told him, 'we had no shittuf either'.<span class="x" onmousemove="('comment',' V. Glos. Shittuf in an alley in relation to its courtyards and the houses in their courtyards serves the same purpose as that of 'erub in a courtyard in relation to its houses (cf. infra 73a) .');">⁶⁶</span> 'Then', the other said: 'let a gentile be instructed to bring it for him' - 'l wish Abaye later remarked: 'to point out an objection against the Master<span class="x" onmousemove="('comment',' Rabbah');">⁶⁷</span> but R'Joseph prevented me, because he told me in the name of R'Kahana, "When we were at Rab Judah's he used to tell us that in a Pentateuchal matter<span class="x" onmousemove="('comment',' Concerning which a Master gives a decision.');">⁶⁸</span> any objection<span class="x" onmousemove="('comment',' Which a student wishes to raise against it.');">⁶⁹</span> must be raised before the Master's ruling is acted upon.<span class="x" onmousemove="('comment',' Since very great care must be exercised in any action that might possibly infringe a Pentateuchal law.');">⁷⁰</span> but in a Rabbinical matter<span class="x" onmousemove="('comment',' Concerning which a Master gives a decision.');">⁷¹</span> we must first<span class="x" onmousemove="('comment',' out of respect for the Master, and on the assumption that he would be able to give a suitable answer to the students' objection.');">⁷²</span> act on the ruling of the Master and then point out the objection".'<span class="x" onmousemove="('comment',' As the law of 'erub of courtyards is only Rabbinical Abaye had no alternative but to act on Rabbah's ruling.');">⁷³</span> After that he<span class="x" onmousemove="('comment',' R. Joseph.');">⁷⁴</span> said to him,<span class="x" onmousemove="('comment',' Abaye.');">⁷⁵</span> 'What objection was it that you wished to raise against the Master? ' 'It was taught', the other replied, 'that "sprinkling"<span class="x" onmousemove="('comment',' On an unclean person, of the water of purification containing the ashes of the red heifer (cf. Num. XIX, 2ff) .');">⁷⁶</span> on the Sabbath is only Rabbinically forbidden.<span class="x" onmousemove="('comment',' Shebuth v. Glos.');">⁷⁷</span> Now, instructing a gentile to do work<span class="x" onmousemove="('comment',' for an Israelite.');">⁷⁸</span> on the Sabbath<span class="x" onmousemove="('comment',' If that work is forbidden on the Sabbath to an Israelite.');">⁷⁹</span> is also Rabbinically forbidden,