Eruvin 157

לא ביטלו לא אמר רב הונא מאן תנא אהלות רבי יוסי היא

but not if he did not expressly do so?<span class="x" onmousemove="('comment',' How then is this to be reconciled with the implication of our Mishnah according to which even where a person's intention was lot known his gravel is deemed to be abandoned?');">¹</span> - R'Huna replied: Who is it that taught Ohaloth? R'Jose.<span class="x" onmousemove="('comment',' Whose view differs from that of our MISHNAH:');">²</span> But how could it be the view of<span class="x" onmousemove="('comment',' Lit., 'if'.');">³</span>

אי רבי יוסי איפכא שמעינן ליה דתניא רבי יוסי אומר תבן ואין עתיד לפנותו הרי הוא כסתם עפר ובטל עפר ועתיד לפנותו הרי הוא כסתם תבן ולא בטיל

R'Jose seeing that he was heard to give a reverse ruling, for it was taught: R'Jose ruled, straw<span class="x" onmousemove="('comment',' With which a house was filled.');">⁴</span> that was not likely to be removed<span class="x" onmousemove="('comment',' concerning which it is known that its owner does not require it though he himself made no announcement to this effect.');">⁵</span> is on a par with ordinary earth<span class="x" onmousemove="('comment',' About which its owners intention is not known at all.');">⁶</span> and is deemed to be abandoned; earth<span class="x" onmousemove="('comment',' With which a house was filled.');">⁴</span>

אלא אמר רב אסי מאן תנא עירובין רבי יוסי היא

that is likely to be removed is on a par with ordinary stubble<span class="x" onmousemove="('comment',' About which its owners intention is not known at all.');">⁶</span> and is not deemed to be abandoned?<span class="x" onmousemove="('comment',' Tosef. Ohal. XV; which shows that, according to R. Jose, earth is deemed to be abandoned even if no declaration to this effect has been made by its owner. How then could R. Huna maintain that the Mishnah of Ohal. cited represents R. Jose's view?');">⁷</span> - Rather, said R'Assi, who is it that taught 'Erubin?<span class="x" onmousemove="('comment',' Sc. the law of 'erub in our Mishnah from which it follows that earth is deemed to be abandoned even where its owner did not declare his intention to leave it in its place.');">⁸</span> It is R'Jose.<span class="x" onmousemove="('comment',' Whose view here is in full agreement with the view he expressed in the last Baraitha cited.');">⁹</span>

רב הונא בריה דרב יהושע אמר טומאה אשבת קרמית הנח איסור שבת דאפילו ארנקי נמי מבטל איניש

R'Huna son of R'Joshua replied:<span class="x" onmousemove="('comment',' To the apparent contradiction between our Mishnah and that of Ohal. (v. supra 78b ad fin.) .');">¹⁰</span> You are pointing out an incongruity between a law concerning levitical uncleanness and one concerning Sabbath; leave alone the restrictions of the Sabbath since on it a person abandons even his purse.<span class="x" onmousemove="('comment',' Because he is forbidden to handle it on that day. For the same reason one is assumed to abandon earth which also may not be moved on that day. Hence the lenient view in our Mishnah in the case of earth and gravel in a trench. As straw and stubble, however, may be handled on the Sabbath, since they are used for feeding the cattle, they cannot be regarded as abandoned unless the owner had explicitly indicated his intention to do so. In the case of levitical uncleanness, however, where the prohibition against the removal of either straw or gravel does not apply, neither can be regarded as abandoned unless the owner has made a definite announcement to that effect.');">¹¹</span> R'Ashi replied:<span class="x" onmousemove="('comment',' To the apparent contradiction between our Mishnah and that of Ohal. (v. supra 78b ad fin.) .');">¹⁰</span> You are pointing out an incongruity between a ruling concerning a house and one concerning a trench; a trench might well be expected to be filled up,<span class="x" onmousemove="('comment',' Any earth or gravel in it might consequently be regarded as abandoned even where the owner's intention was not known.');">¹²</span>

רב אשי אמר בית אחריץ קא רמית בשלמא חריץ למיטיימיה קאי אלא בית למיטיימיה קאי:

but is a house also expected<span class="x" onmousemove="('comment',' Lit., 'stands'.');">¹³</span> to be filled up?<span class="x" onmousemove="('comment',' Of course not. Earth or gravel in a house cannot, therefore, be regarded as abandoned unless the owner had specifically expressed his intention to leave it there.');">¹⁴</span> IF A BOARD FOUR HANDBREADTHS WIDE WAS PLACED ACROSS IT. Raba explained: This<span class="x" onmousemove="('comment',' That the board must be four handbreadths wide.');">¹⁵</span>

נתן עליו נסר שרוחב ד': אמר רבא לא שנו אלא שנתן לרחבו אבל לארכו אפילו כל שהוא נמי שהרי מיעטו מד':

was taught only in the case where it was laid across the width of it<span class="x" onmousemove="('comment',' The trench.');">¹⁶</span> but if it was laid lengthwise<span class="x" onmousemove="('comment',' He fixed the length of the board to one side of the trench in the form of a ledge so that the length of the board and of the trench run parallel to each other, the length of the former being no less than four handbreadths, the prescribed minimum for the width of a 'doorway'.');">¹⁷</span> even a board of the minutest width<span class="x" onmousemove="('comment',' Provided it was wide enough to reduce the width of the trench on a length of four handbreadths (cf. prev. n.) to less than four handbreadths.');">¹⁸</span> also suffices,<span class="x" onmousemove="('comment',' To eliminate the trench.');">¹⁹</span>

וכן שתי גזוזטראות זו כנגד זו: אמר רבא הא דאמרת זו כנגד זו אין זו שלא כנגד זו לא וזו למעלה מזו נמי לא אמרן אלא שיש בין זה לזה שלשה טפחים אבל אין בין זה לזה שלשה גזוזטרא עקומה היא:

since the width of the trench is thereby reduced to less than four handbreadths.<span class="x" onmousemove="('comment',' And only a trench that is four handbreadths wide (cf. our Mishnah) constitutes a break between two courtyards.');">²⁰</span> AND SO ALSO WHERE TWO BALCONIES WERE OPPOSITE ONE ANOTHER'Raba explained: With reference to what we learned,<span class="x" onmousemove="('comment',' So Bah. Cur. edd., 'which thou saidest'.');">²¹</span> AND<span class="x" onmousemove="('comment',' The reading that follows is an emendation by Bah. of the reading of cur. edd. Cf. also MS.M.');">²²</span> SO ALSO WHERE TWO BALCONIES etc. the ruling<span class="x" onmousemove="('comment',' That the tenants of the two balconies may join in a single 'erub.');">²³</span>

<big><strong>מתני׳</strong></big> מתבן שבין שתי חצירות גבוה עשרה טפחים מערבין שנים ואין מערבין אחד אלו מאכילין מכאן ואלו מאכילין מכאן נתמעט התבן מעשרה טפחים מערבין אחד ואין מערבין שנים:

applies only to such as are<span class="x" onmousemove="('comment',' Lit., 'yes'.');">²⁴</span> opposite each other but not to such as are not opposite each other or to such as are above each other: and even in the case of such as are above each other the ruling<span class="x" onmousemove="('comment',' That the two balconies may not prepare an 'erub jointly.');">²⁵</span> applies only where there was a distance of three handbreadths between them<span class="x" onmousemove="('comment',' The two balconies.');">²⁶</span> but if there was no such distance between them they may both be regarded as one crooked balcony.

<big><strong>גמ׳</strong></big> אמר רב הונא ובלבד שלא יתן לתוך קופתו ויאכיל

<big><b>MISHNAH: </b></big>IF A HEAP OF STRAW BETWEEN TWO COURTYARDS YARDS WAS TEN HANDBREADTHS HIGH,<span class="x" onmousemove="('comment',' And running all the length of the junction between the courtyards.');">²⁷</span> TWO 'ERUBS<span class="x" onmousemove="('comment',' One for each courtyard.');">²⁸</span> MAY BE PREPARED BUT NOT ONE.<span class="x" onmousemove="('comment',' For both courtyards, since the heap of straw forms a separation between the one courtyard and the other.');">²⁹</span> THE TENANTS OF THE ONE COURTYARD MAY FEED THEIR CATTLE AT THEIR SIDE<span class="x" onmousemove="('comment',' Lit., 'these may feed from here'.');">³⁰</span>

ולאוקמי שרי והאמר רב הונא אמר רבי חנינא מעמיד אדם את בהמתו על גבי עשבים בשבת ואין מעמיד אדם את בהמתו על גבי מוקצה בשבת

AND THOSE OF THE OTHER COURTYARD MAY FEED THEIRS ON THE OTHER SIDE.<span class="x" onmousemove="('comment',' Though the straw is thereby diminished and night conceivably be reduced to a height of less than ten handbreadths when the two courtyards would virtually become one and, in consequence of which, the tenants of the one courtyard would impose restrictions upon those of the other. As only a reduction in height that extended along more ten cubits of the junction would cause the courtyards to be merged into one');">³¹</span> IF THE HEIGHT OF THE STRAW HEAP WAS REDUCED<span class="x" onmousemove="('comment',' Along all, or ten cubits of the junction.');">³²</span> TO LESS THAN TEN HANDBREADTHS, ONE 'ERUB MAY BE PREPARED<span class="x" onmousemove="('comment',' For both courtyards, if the reduction took place on a week-day.');">³³</span> BUT NOT TWO.<span class="x" onmousemove="('comment',' One for each courtyard.');">²⁸</span>

דקאים לה באפה ואזלה ואכלה

<big><b>GEMARA: </b></big>R'Huna observed:<span class="x" onmousemove="('comment',' With reference to the ruling that THE TENANTS . . MAY FEED THEIR CATTLE.');">³⁴</span> Provided no tenant puts any straw<span class="x" onmousemove="('comment',' Which, forming as it does the partition between the courtyards, is mukzeh (v. Glos.) .');">³⁵</span> into his basket and feeds his cattle.<span class="x" onmousemove="('comment',' The cattle must eat direct from the heap.');">³⁶</span> It is then permitted to put cattle<span class="x" onmousemove="('comment',' Cf. prev. n.');">³⁷</span>

ולא יתן לתוך קופתו תבן והתניא בית שבין שתי חצירות ומילאהו תבן מערבין שנים ואין מערבין אחד זה נותן לתוך קופתו ויאכיל וזה נותן לתוך קופתו ויאכיל נתמעט התבן מי' טפחים שניהם אסורים

there;<span class="x" onmousemove="('comment',' Though the straw is mukzeh and there is the possibility of forgetting and picking it lip with the hands which is forbidden.');">³⁸</span> but did not R'Huna lay down in the name of R'Hanina: A man may put his beast on a stretch of grass<span class="x" onmousemove="('comment',' Lit., 'grasses'.');">³⁹</span> on the Sabbath day<span class="x" onmousemove="('comment',' And, since a man is careful in the observance of Sabbath prohibitions, there is no need to provide against the possibility of his plucking the grass forgetfully on the Sabbath.');">⁴⁰</span> but not upon mukzeh?<span class="x" onmousemove="('comment',' Shab. 122a. Since the law of mukzeh, being only Rabbinical, is one of a minor character the man might lightly forget it and so pick the mukzeh up with his own hands on the Sabbath, an act which is forbidden. Now since R. Huna forbids the putting of a beast upon mukzeh, how could he, according to his interpretation of our Mishnah, allow a beast to be put immediately in front of the straw heap which is definitely mukzeh?');">⁴¹</span>

כיצד הוא עושה נועל את ביתו ומבטל את רשותו הוא אסור וחבירו מותר

- He only stands<span class="x" onmousemove="('comment',' In the case spoken of in our MISHNAH:');">⁴²</span> near the beast<span class="x" onmousemove="('comment',' To prevent it from straying.');">⁴³</span> which itself goes and eats.<span class="x" onmousemove="('comment',' As the man does not stand at the side of his beast no provision was deemed necessary against the possibility of his handling of the mukzeh.');">⁴⁴</span> 'Provided no tenant puts any straw into his basket'.

וכן אתה אומר בגוב של תבן שבין ב' תחומי שבת קתני מיהת זה נותן לתוך קופתו ויאכיל וזה נותן לתוך קופתו ויאכיל

But was it not taught: If a house<span class="x" onmousemove="('comment',' Into which a house from each courtyard opened.');">⁴⁵</span> was between two courtyards and was filled with straw, two 'erubs may be prepared<span class="x" onmousemove="('comment',' One by the tenants of each courtyard, since the straw forms a separation between them.');">⁴⁶</span> but not one,<span class="x" onmousemove="('comment',' For the two courtyards jointly.');">⁴⁷</span> and each tenant may put some straw<span class="x" onmousemove="('comment',' From his side of the straw.');">⁴⁸</span>

אמרי בית כיון דאיכא (מחיצות ו) תקרה כי מיפחית מינכרא ליה מלתא הכא לא מינכרא ליה מלתא:

into his basket and feed his cattle therewith. If the height of the straw was reduced to less tha ten handbreadths, both<span class="x" onmousemove="('comment',' The tenants of either courtyard.');">⁴⁹</span> are forbidden.<span class="x" onmousemove="('comment',' To move any objects from their respective houses into their respective courtyards.');">⁵⁰</span> How is one to proceed?<span class="x" onmousemove="('comment',' If it is desired to enable at least one of the tenants to use his courtyard.');">⁵¹</span>

נתמעט התבן מעשרה טפחים שניהן אסורין: הא עשרה שרי ואע"ג דמידליא תקרה טובא שמע מינה מחיצות שאין מגיעות לתקרה שמן מחיצות

One of the tenants locks his house<span class="x" onmousemove="('comment',' That opened into the house between the courtyards.');">⁵²</span> and renounces his right to his share, and thereby he<span class="x" onmousemove="('comment',' Since he renounced his right and his courtyard is no more his.');">⁵³</span> remains under restrictions<span class="x" onmousemove="('comment',' He may not move any objects from his house to his courtyard and vice versa.');">⁵⁴</span> but his friend is permitted.<span class="x" onmousemove="('comment',' Cf. prev. n. mut. mut.');">⁵⁵</span>

אמר אביי הכא בבית שלשה עשר חסר משהו עסקינן ותבן עשרה

And the same law<span class="x" onmousemove="('comment',' That (on a festival day) the residents on one side may use the straw from their side and those on the other side may use from the other side.');">⁵⁶</span> applies to a pit<span class="x" onmousemove="('comment',' Or 'bundles'.');">⁵⁷</span> of straw between two Sabbath limits.<span class="x" onmousemove="('comment',' Of two towns, where half of the pit was within the Sabbath limit of the one town and the other half was within that of the other. The people on either side may use the straw on their side, no preventive measure having been instituted against the possibility of their using the straw from the other side.');">⁵⁸</span> At any rate, was it not here stated: 'each' tenant may put some straw into his basket and feed his cattle therewith'?<span class="x" onmousemove="('comment',' How then could R. Huna maintain that no tenant may put any straw into his basket?');">⁵⁹</span>

ורב הונא בריה דרב יהושע אמר אפילו תימא בבית עשרה

- I might reply: In the case of a house, since it has<span class="x" onmousemove="('comment',' Cur. edd. in parenthesis, 'walls and'.');">⁶⁰</span> a ceiling, the reduction in the straw is quite noticeable,<span class="x" onmousemove="('comment',' Since the lower the straw the bigger the space between it and the ceiling. As its diminution to a height of less than ten handbreadths would be clearly noticeable the use of the straw would cease as soon as that height was reached. Above that height the straw does not serve the purpose of a wall and is not, therefore, subject to the restrictions of mukzeh.');">⁶¹</span> but here<span class="x" onmousemove="('comment',' Where the heap is in the open.');">⁶²</span> the diminution is not noticeable.<span class="x" onmousemove="('comment',' And one might erroneously continue to use the straw even after it had been reduced in height to less than ten handbreadths when the restrictions of mukzeh prevent its use. Hence R. Huna's ruling that no straw may be put into a tenant's basket for feeding his cattle.');">⁶³</span> 'If the height of the straw was reduced to less than ten handbreadths both are forbidden'. But, it follows, if it was ten handbreadths high this is permitted even though the ceiling was much higher. May it not then be inferred that partitions that do not reach the ceiling are regarded as valid ones?<span class="x" onmousemove="('comment',' But is not this contradictory to a ruling (supra 72a) in respect of five companies who kept the Sabbath in the same room.');">⁶⁴</span> - Abaye replied: We are here dealing with the case of a house that was thirteen handbreadths minus a fraction in height and that of the straw was ten handbreadths in height.<span class="x" onmousemove="('comment',' On the principle of labud the walls are deemed to reach to the ceiling.');">⁶⁵</span> R'Huna son of R'Joshua, however, replied: It may even refer to a house that was ten handbreadths high