Eruvin 140

היכא דאי בעי לערובי מאתמול מצי מערב בטולי נמי מצי מבטל אבל האי כיון דאי בעי לערובי מאתמול לא מצי מערב לא מצי מבטל

Is it only in the case where [a tenant can], if he wishes, join in the 'erub on the previous day<span class="x" onmousemove="('comment',' Lit., 'yesterday', i.e., the Sabbath eve.');">¹</span> that he can also renounce his share,<span class="x" onmousemove="('comment',' On the Sabbath.');">²</span> but this [heir], since he could not join in the 'erub on the previous day even if he wished,<span class="x" onmousemove="('comment',' Since at that time he had not yet had any share in the courtyard.');">³</span>

או דלמא יורש כרעיה דאבוה הוא

may not renounce his share, or is it possible that an heir steps into his father's place?<span class="x" onmousemove="('comment',' Lit., 'is his father's leg', and is consequently entitled to all his rights.');">⁴</span> - 'I', the other replied, 'hold that he may renounce his share, but those [scholars] of the school of Samuel learned that he may not do so'. He<span class="x" onmousemove="('comment',' Raba.');">⁵</span>

א"ל אני אומר מבטל והני דבי שמואל תנו אין מבטל איתיביה זה הכלל כל שמותר למקצת שבת הותר לכל השבת וכל שנאסר למקצת שבת נאסר לכל השבת חוץ ממבטל רשות

thereupon pointed out the following objection against him:<span class="x" onmousemove="('comment',' R. Nahman.');">⁶</span> This is the general rule: Whatever is permitted during a part of the Sabbath remains permitted throughout the Sabbath and whatever is forbidden during a part of the Sabbath remains forbidden throughout the Sabbath, the only exception being the case of the man who renounced his share.<span class="x" onmousemove="('comment',' This is explained presently.');">⁷</span> 'Whatever is permitted during a part of the Sabbath remains permitted throughout the Sabbath', as is, for instance, the case of an 'erub<span class="x" onmousemove="('comment',' Between two courtyards.');">⁸</span>

כל שהותר למקצת שבת מותר לכל השבת כגון עירב דרך הפתח ונסתם הפתח עירב דרך חלון ונסתם חלון

that was prepared for the purpose of carrying objects through a certain door<span class="x" onmousemove="('comment',' That communicated between the two courtyards.');">⁹</span> and that door was closed up.<span class="x" onmousemove="('comment',' By some obstructions that happened to fall into it during the Sabbath. As it was permissible to carry objects from one courtyard into the other through the door (or the window) during a part of the Sabbath, the permissibility remains in force even after the door (or the window) was closed up. It is, for instance, permissible to throw objects from one courtyard into the other across the obstruction or through minor communication holes (cf. infra 76a) .');">¹⁰</span> or one that was prepared for the purpose of carrying objects through a certain window<span class="x" onmousemove="('comment',' That communicated between the two courtyards.');">⁹</span>

זה הכלל לאתויי מבוי שניטלו קורותיו או לחייו

and that window was closed up.<span class="x" onmousemove="('comment',' By some obstructions that happened to fall into it during the Sabbath. As it was permissible to carry objects from one courtyard into the other through the door (or the window) during a part of the Sabbath, the permissibility remains in force even after the door (or the window) was closed up. It is, for instance, permissible to throw objects from one courtyard into the other across the obstruction or through minor communication holes (cf. infra 76a) .');">¹⁰</span> 'This is the general rule'<span class="x" onmousemove="('comment',' Which implies that there must be some other cases also but they were not here specified.');">¹¹</span> includes the case of an alley whose cross-beam<span class="x" onmousemove="('comment',' So MS.M. and Rashi. Cur.ed. have the plural form.');">¹²</span>

כל שנאסר למקצת שבת נאסר לכל השבת כולה כגון שני בתים בשני צידי רה"ר והקיפום נכרים מחיצה בשבת

or side-post'<span class="x" onmousemove="('comment',' On the Sabbath.');">²</span> had been removed.<span class="x" onmousemove="('comment',' During the Sabbath. Although the use of an alley that was not provided with cross-beam or side-post is else' where restricted. the removal of either in this case, since the alley was well provided with the one or the other during a part of the Sabbath, does not affect the tenants' right to its continued and unrestricted use. This ruling is not covered by the one specified, since in the latter case the walls remained intact while in the former they were absent (cf. supra 17b) .');">¹³</span> 'Whatever is forbidden during a part of the Sabbath remains forbidden throughout the Sabbath', as, for instance, in the case of two houses, that were respectively situated on the two sides of a public domain which gentiles surrounded with a wall during the Sabbath.<span class="x" onmousemove="('comment',' As in the absence of the wall no 'erub was admissible on the Sabbath eve, it is forbidden to move objects from any of the houses into the newly enclosed area, even if one of the householders renounced his right in that area in favour of his neighbour.');">¹⁴</span>

זה הכלל לאתויי מאי לאתויי מת נכרי בשבת

What does the expression<span class="x" onmousemove="('comment',' In the introduction to the first clause, which presumably refers also to the final clause.');">¹⁵</span> 'This is the general rule',<span class="x" onmousemove="('comment',' V. supra p. 492, n. 11.');">¹⁶</span> include?

וקתני חוץ ממבטל רשות איהו אין יורש לא

It includes the case of a gentile<span class="x" onmousemove="('comment',' Who lived in the same courtyard with Israelites aid whose right in the courtyard Precluded his neighbours from joining in an 'erub unless they previously hired his share from him.');">¹⁷</span> who died on the Sabbath.<span class="x" onmousemove="('comment',' Since no 'erub was allowed on the Sabbath eve and no renunciation of rights was permissible during the first part of the Sabbath while he was alive, no renunciation is permitted even after his death. This ruling also could not be inferred from the one specified, since in the latter case no erub could possibly have been provided on the Sabbath eve while in that of the former it could well have been prepared if (cf. prev. n.) the gentile's share had been hired.');">¹⁸</span> Now here It was stated: 'The Only exception being the case of the man who renounced his share',<span class="x" onmousemove="('comment',' Sc. only in the case of such a renunciation during the Sabbath are the restrictions, which on account of the absence of 'erub were previously in force, removed for the rest of the day.');">¹⁹</span>

אימא חוץ מתורת ביטול רשות

from which<span class="x" onmousemove="('comment',' Since only 'the man who renounced his share', not his heir, was mentioned.');">²⁰</span> it follows, does it not, that only he<span class="x" onmousemove="('comment',' The original householder.');">²¹</span> may do so but not his heir?<span class="x" onmousemove="('comment',' Lit., 'he, yes; heir, not'. How then could R. Nahman maintain that an heir may also renounce his share?');">²²</span>

איתיביה אחד מבני חצר שמת והניח רשותו לאחד מן השוק מבעוד יום אוסר משחשיכה אינו אוסר

- Read, 'The only exception being the law of renunciation'.<span class="x" onmousemove="('comment',' Either by the original owner or by his heir.');">²³</span> He<span class="x" onmousemove="('comment',' Raba.');">²⁴</span> raised another objection against him:<span class="x" onmousemove="('comment',' R. Nahman.');">²⁵</span>

ואחד מן השוק שמת והניח רשותו לאחד מבני חצר מבעוד יום אינו אוסר משחשיכה אוסר

If one of the tenants of a courtyard<span class="x" onmousemove="('comment',' Who joined in 'erub with his neighbours (cf. Tosaf. a.l.) .');">²⁶</span> died, having left his share to a man in the street,<span class="x" onmousemove="('comment',' Sc. a Stranger, one who did not live in the same courtyard.');">²⁷</span> the latter<span class="x" onmousemove="('comment',' Since he did not join in the 'erub.');">²⁸</span>

אמאי אוסר ניבטיל מאי אוסר נמי דקתני עד שיבטל

imposes restrictions,<span class="x" onmousemove="('comment',' On the use of the courtyard by' its tenants. As the new owner of the house he imposes restrictions though he does not himself live in it, his case being similar to that of the owner of a storehouse for straw or of a cattle-pen (cf. infra 72b) .');">²⁹</span> if this occurred while it was yet day,<span class="x" onmousemove="('comment',' Of the Sabbath eve, when the 'erub was not yet effective.');">³⁰</span> but if it occurred after dusk<span class="x" onmousemove="('comment',' When the 'erub was already in force and the tenants were in consequence allowed the unrestricted use of their courtyard during a part of the Sabbath.');">³¹</span>

תא שמע ישראל וגר שרויין במגורה אחת ומת גר מבעוד יום

he imposes no restrictions. If, however, a man in the street<span class="x" onmousemove="('comment',' Sc. one who did not live in that courtyard but was the owner of a house in it.');">³²</span> died, having left his share to one of the tenants of the courtyard, he imposes no restrictions, if this occurred while it was yet day,<span class="x" onmousemove="('comment',' Since he has sufficient time before the Sabbath to join in the 'erub in respect of that house.');">³³</span> but if it occurred after dusk,<span class="x" onmousemove="('comment',' When no 'erub may any longer be prepared.');">³⁴</span> he imposes restrictions. Now why should he impose restrictions?<span class="x" onmousemove="('comment',' In agreement with R. Nahman that an heir is entitled to renounce the share he inherited.');">³⁵</span> Let him renounce his share!<span class="x" onmousemove="('comment',' And thus enable the tenants to enjoy the unrestricted use of their courtyard.');">³⁶</span> - The ruling that he imposes restrictions applies only so long as he did not renounce<span class="x" onmousemove="('comment',' Lit., 'what also (is meant by) he imposes restrictions that he learned? Until he would renounce'.');">³⁷</span> his share. Come and hear: If an Israelite and a proselyte lived in one dwelling<span class="x" onmousemove="('comment',' Or 'barn', the doors of their compartments or huts opening into one court.');">³⁸</span> and the proselyte died<span class="x" onmousemove="('comment',' Leaving no heirs.');">³⁹</span> while it was yet day<span class="x" onmousemove="('comment',' Of the Sabbath eve.');">⁴⁰</span>