Eruvin 135

Chapter 135

א מה הזאה שבות ואינה דוחה את השבת אף אמירה לנכרי שבות ואינה דוחה את השבת
1 why then should it not be said: As "sprinkling" on the Sabbath which is a Rabbinical prohibition does not supersede the Sabbath<span class="x" onmousemove="('comment',' Even where the performance of a Pentateuchal commandment, such, e.g., as that if the Paschal lamb, must in consequence be postponed (cf. Pes. 65b) .');"><sup>1</sup></span> so should not an instruction to a gentile to do work on the Sabbath which is also Rabbinically forbidden supersede the Sabbath? '<span class="x" onmousemove="('comment',' Why then did Rabbah permit an instruction to be given to a gentile to bring the warm water for the child?');"><sup>2</sup></span> - 'Do you', the first retorted: 'draw no distinction between a Rabbinical prohibition that involves a manual cat<span class="x" onmousemove="('comment',' Sprinkling, for instance.');"><sup>3</sup></span>
ב א"ל ולא שני לך בין שבות דאית ביה מעשה לשבות דלית ביה מעשה דהא מר לא אמר לנכרי זיל אחים
2 and one<span class="x" onmousemove="('comment',' Such as a mere verbal instruction.');"><sup>4</sup></span> that involves no such act? '<span class="x" onmousemove="('comment',' The answer, of course, must be in the affirmative. While a manual act remains forbidden even where a commandment must thereby be superseded a verbal may well be permitted where it is essential for the observance of a commandment such as circumcision with which Rabbah had to deal. The insertion in cur. edd., 'for the master, surely, did not tell the gentile: Go and warm (it) ', is deleted by Bah.');"><sup>5</sup></span> 'How is it, Rabbah son of R'Hanan) asked Abaye, 'that in an alley in which two great men like you<span class="x" onmousemove="('comment',' Lit., 'like our Rabbis', Rabbah and Abaye.');"><sup>6</sup></span>
ג א"ל רבה בר רב חנן לאביי מבואה דאית ביה תרי גברי רברבי כרבנן לא ליהוי ביה לא עירוב ולא שיתוף א"ל מאי נעביד מר לאו אורחיה אנא טרידנא בגירסאי אינהו לא משגחי
3 reside there should be neither 'erub nor shittuf? ' - 'What', the other replied.' can we do? For the Master<span class="x" onmousemove="('comment',' Rabbah.');"><sup>7</sup></span>
ד ואי אקני להו פיתא בסלא כיון דאי בעו לה מינאי ולא אפשר ליתבה נהלייהו בטיל שיתוף
4 [to collect the tenants' contribution].<span class="x" onmousemove="('comment',' To the 'erub'.');"><sup>8</sup></span> would not be becoming,<span class="x" onmousemove="('comment',' Lit., 'not his way'.');"><sup>9</sup></span> l am busy with my studies, and the other tenants do not care.
ה דתניא אחד מבני מבוי שביקש יין ושמן ולא נתנו לו בטל השיתוף
5 And were I<span class="x" onmousemove="('comment',' Instead of making a collection.');"><sup>10</sup></span> to transfer to them the possession of a share of the bread in my basket<span class="x" onmousemove="('comment',' Which could be designated as 'erub; and thus give all the tenants a share in it.');"><sup>11</sup></span> the shittuf, Since If they had asked me for the bread l could not give it to them,<span class="x" onmousemove="('comment',' He could not well afford to give away every Sabbath a portion of his bread to any of his neighbours who might care to assert his claim.');"><sup>12</sup></span>
ו ונקני להו מר רביעתא דחלא בחביתא תניא אין משתתפין באוצר
6 would be invalid; for it was taught: If one of the residents of an alley<span class="x" onmousemove="('comment',' Who contributed his share to the shittuf.');"><sup>13</sup></span> asked for some of the wine or the oil<span class="x" onmousemove="('comment',' That has been contributed.');"><sup>14</sup></span> and they refused to give it to them the shittuf is thereby rendered null and void'.'
ז והא תניא משתתפין אמר רב אושעיא ל"ק הא ב"ש הא ב"ה
7 Why then', the first asked: 'should not the Master transfer to them the possession of a quarter of a log of vinegar<span class="x" onmousemove="('comment',' There could be no great loss in giving some vinegar to any of the tenants who might ask for it.');"><sup>15</sup></span> a cask? '<span class="x" onmousemove="('comment',' Which might be kept in his courtyard throughout the year and thus enable all the tenants to have free intercourse between the courtyards and the houses.');"><sup>16</sup></span> - 'It was taught: [Commodities kept] in store<span class="x" onmousemove="('comment',' Sc. a store of fruit or a cask of vinegar, for instance, from which small quantities at a time are being consumed.');"><sup>17</sup></span>
ח דתנן המת בבית ולו פתחים הרבה כולן טמאין
8 may not be used for shittuf'.<span class="x" onmousemove="('comment',' In the case of a cask of vinegar, for instance, no portion of it may be designated for the purpose, because no one could possibly distinguish between the quantity that had been so designated and the general contents of the cask; and any quantity that one may happen to use at any time might be assumed to be the quantity that had been designated for the shittuf which in consequence would cease to exist.');"><sup>18</sup></span> 'But was It not taught that they<span class="x" onmousemove="('comment',' Commodities in store (v. previous n.) .');"><sup>19</sup></span> may be used for shittuf? ' - This, R'Oshaia replied, is no contradiction, since one view is that of Beth Shammai and the other is that of Beth Hillel.
ט נפתח אחד מהן הוא טמא וכולן טהורין חישב להוציאו באחד מהן או בחלון שיש בו ארבעה על ארבעה מציל על כל הפתחים כולן
9 For we learned: If a corpse lay in a house that had many doors<span class="x" onmousemove="('comment',' That were closed.');"><sup>20</sup></span> all the doorways<span class="x" onmousemove="('comment',' Lit., 'all of them', since no decision had been made through which of the doors the corpse shall be carried out.');"><sup>21</sup></span> are unclean.<span class="x" onmousemove="('comment',' Sc. any object that happens to be within the space enclosed by the door posts, lintel and threshold, though it was not within the room, is levitically unclean.');"><sup>22</sup></span>
י בית שמאי אומרים והוא שחישב עד שלא ימות המת וב"ה אומרים אף משימות המת
10 If one of them was opened, that doorway is unclean while all the others are clean.<span class="x" onmousemove="('comment',' Because it is assumed that the corpse would be taken out through the opened door.');"><sup>23</sup></span> If it was intended to take out the corpse through one of them, or through a window that measured four handbreadths by four, this protects all the doors.<span class="x" onmousemove="('comment',' Cf. prev.n.');"><sup>24</sup></span> Beth Shammai ruled: This<span class="x" onmousemove="('comment',' That intention is effective.');"><sup>25</sup></span>
יא ההוא ינוקא דאישתפוך חמימיה אמר להו רבא נישיילה לאימיה אי צריכא נחים ליה נכרי אגב אימיה
11 applies only where the intention was formed before the person in question was dead,<span class="x" onmousemove="('comment',' Since in that case the uncleanness has never descended on the other doors. If, however, no intention had been formed before the person was dead, and all the doors had been affected by the uncleanness, any subsequent intention cannot retrospectively, cause a differentiation between the one door and the others.');"><sup>26</sup></span> but Beth Hillel ruled: Even if it was formed after he was dead.<span class="x" onmousemove="('comment',' Ohal. VII, 3. Intention, in their opinion, is effective retrospectively. Similarly in the case of shittuf with a non-identified quantity: According to Beth Hillel the shittuf is valid, since any quantity of the contents that remain in the cask may be retrospectively regarded as the original quantity assigned for the shittuf: while according to Beth Shammai it cannot be so regarded and the shittuf is consequently invalid.');"><sup>27</sup></span> There was once a certain child<span class="x" onmousemove="('comment',' Who was to be circumcised on the Sabbath.');"><sup>28</sup></span>
יב אמר ליה רב משרשיא לרבא אימיה קא אכלה תמרי א"ל אימור תונבא בעלמא הוא דנקט לה
12 whose warm water<span class="x" onmousemove="('comment',' That had been prepared before the Sabbath and kept warm for the operation.');"><sup>29</sup></span> was spilled out.<span class="x" onmousemove="('comment',' On the Sabbath.');"><sup>30</sup></span> Said Raba: 'Let us ask his mother [and] if she requires any, a gentile<span class="x" onmousemove="('comment',' An Israelite may desecrate the Sabbath for the sake of a woman in childbirth during the first seven days only. After the first seven days');"><sup>31</sup></span>
יג ההוא ינוקא דאישתפוך חמימיה אמר להו רבא פנו לי מאני מבי גברי לבי נשי ואיזיל ואיתיב התם ואיבטיל להו הא חצר
13 might warm some for him indirectly through his mother'.' His mother', R'Mesharsheya told Raba, 'is already eating dates'.<span class="x" onmousemove="('comment',' Sc. cold foodstuffs. As she is able to eat cold food it is obvious that her life cannot be dependent on the warm water which, consequently, must not be prepared for her on the Sabbath.');"><sup>32</sup></span> 'It is quite possible', the other replied, 'that it wa merely a stupor that had seized her'.<span class="x" onmousemove="('comment',' I.e., she may have been unconscious that she was eating anything at all. Hence, if she expressed a desire for warm water it is permitted to request a gentile to warm some for her and so, indirectly, for the child also.');"><sup>33</sup></span>
יד א"ל רבינא לרבא והאמר שמואל אין ביטול רשות מחצר לחצר אמר ליה אנא כר' יוחנן סבירא לי דאמר יש ביטול מחצר לחצר
14 There was once a child<span class="x" onmousemove="('comment',' Who was to be circumcised on the Sabbath.');"><sup>34</sup></span> whose warm water<span class="x" onmousemove="('comment',' V. p.474, n. 12.');"><sup>35</sup></span> was spilled out.<span class="x" onmousemove="('comment',' On the Sabbath.');"><sup>36</sup></span>
טו ואי לא סבר לה מר כשמואל
15 'Remove my things', ordered Raba,<span class="x" onmousemove="('comment',' Who had a supply of warm water in his own courtyard which was adjacent to that in which the child was kept. No joint 'erub for the two courtyards had been prepared but they had a common door between them. Cur.ed., 'to them', is omitted with MS.M.');"><sup>37</sup></span> 'from the men's quarters<span class="x" onmousemove="('comment',' In which he usually lived and which communicated directly with his courtyard.');"><sup>38</sup></span> to the women's quarters<span class="x" onmousemove="('comment',' Which, for the sake of privacy, were behind the men's apartments and consequently inaccessible from the courtyard except by way of the men's quarters.');"><sup>39</sup></span> and I will go and sit there<span class="x" onmousemove="('comment',' During the Sabbath.');"><sup>40</sup></span> so that<span class="x" onmousemove="('comment',' By being deprived of direct access to the courtyard.');"><sup>41</sup></span> I may renounce in favour of the tenants of the child's courtyard<span class="x" onmousemove="('comment',' Lit., to them'.');"><sup>42</sup></span> the right I have in this one'.<span class="x" onmousemove="('comment',' Sc. his own courtyard. On renouncing his right in their favour they would acquire possession of his courtyard and therewith also the right to carry objects from one courtyard into the other through the common door. Thus they would be placed in a position enabling them to carry the required warm water to the child's apartment. Raba, on the other hand, who, as a result of his renunciation, would be deprived of the use of his courtyard, would be protected against the possible use of it through forgetfulness by his removal to the inner apartments from which he could gain no access to it except through the men's quarters involving a long walk and sufficient time in which to recollect his self-imposed restrictions.');"><sup>43</sup></span> 'But', said Rabina to Raba, 'did not Samuel lay down: No renunciation of one's right in a courtyard is permitted where two courtyards are involved? '<span class="x" onmousemove="('comment',' Supra 66b. Lit., 'from courtyard to courtyard'. How then could Raba renounce his right in favour of the tenants of the child's courtyard?');"><sup>44</sup></span> - 'I', the other replied, 'hold the same view as R'Johanan who laid down: It is permitted to renounce one's right in a courtyard even where two courtyards are involved'.' But', the first asked: 'if the Master does not hold the same view as Samuel