Eruvin 48

אמר אמימר והוא דחזיין לתשמישתא אבל לא חזיין לתשמישתא לא

Amemar ruled: This<span class="x" onmousemove="('comment',' That water in a karpaf is subject to the same law as a plantation of trees.');">¹</span> [applies only to such water] as is fit for use<span class="x" onmousemove="('comment',' Sc. for drinking, so that it supplies one of the requirements of a dwelling place.');">²</span> but not [to such as are] unfit for use.

אמר רב אשי ודחזיין לתשמישתא נמי לא אמרן אלא שאין בעומקו יותר מבית סאתים אבל אם יש בעומקו יותר מבית סאתים אסור

R'Ashi ruled: Even<span class="x" onmousemove="('comment',' Lit., 'also'.');">³</span> where it is fit for use the ruling applies only where the layer of water<span class="x" onmousemove="('comment',' That was ten handbreadths deep.');">⁴</span> does not extend<span class="x" onmousemove="('comment',' Lit., 'that there is not in its depth'. A depth of ten handbreadths of water is subject in this respect to the laws of seed. On the question irnt tk whether the greater, or lesser part of the layer of water was ten handbreadths in depth v. Tosaf. s.v. a.l.');">⁵</span>

ולאו מילתא היא מידי דהוה אכריא דפירי

over more than two beth se'ah but if it does extend to more than two beth se'ah [the movement of objects within it] is forbidden. But this is not correct,<span class="x" onmousemove="('comment',' Lit., 'the thing'. thrf');">⁶</span> since [water] is in the same category as a heap of fruit.<span class="x" onmousemove="('comment',' Aliter: 'A pit full of fruit'. bears both meanings. A pile of fruit ten handbreadths high, however large its extent, does not deprive the enclosure in which it is kept of its status as a dwelling, and from a pit of fruit, however large or deep, it is freely permitted to take out the fruit on the Sabbath. trvb oup');">⁷</span>

ההיא רחבה דהואי בפום נהרא דחד גיסא הוה פתיח למתא וחד גיסא הוה פתיח לשביל של כרמים ושביל של כרמים הוה סליק לגודא דנהרא

There was at Pum Nahara<span class="x" onmousemove="('comment',' lit., 'river mouth', a town on the Tigris.');">⁸</span> a certain open area<span class="x" onmousemove="('comment',' That was larger than two beth se'ah and was not enclosed for dwelling purposes.');">⁹</span> whose one side opened into [an alley in] the town and the other side opened into a path between vineyards<span class="x" onmousemove="('comment',' That was inhabited.');">¹⁰</span>

אמר אביי היכי נעביד לעביד ליה מחיצה אגודא דנהרא אין עושין מחיצה על גבי מחיצה

that terminated at the river bank. How, said Abaye, are we to proceed?<span class="x" onmousemove="('comment',' To enable the tenants to carry their things on the Sabbath despite the open area (v. supra n. 10) that had the status of a karmelith in which such movement is forbidden and which affects also the permissibility of movement in the alley and the vineyard path that adjoined it.');">¹¹</span> Should we put up for it<span class="x" onmousemove="('comment',' For the open area which had around it a stone wall that could not easily be broken down and rebuilt to satisfy the requirements supra where an enclosure was not originally put up for dwelling purposes.');">¹²</span>

ולעביד ליה צורת הפתח אפומא דשביל של כרמים אתו גמלי שדיין ליה

a [reed] fence on the river bank,<span class="x" onmousemove="('comment',' Thus treating the area and the path as one domain so that the new fence which is put up for dwelling purposes might serve as a part of the enclosure and, being of the prescribed size, effect the desired permissibility.');">¹³</span> one partition upon another partition,<span class="x" onmousemove="('comment',' The river bank being ten handbreadths high is itself regarded as a fence.');">¹⁴</span> surely, cannot [in such a case, usefully] be put up.<span class="x" onmousemove="('comment',' If it is desired to render a lower fence valid. Any fence round an area that was not originally enclosed for dwelling purposes cannot be rendered valid by merely raising its height. It must first be broken down to the prescribed size and then rebuilt.');">¹⁵</span>

אלא אמר אביי ליעביד לחי אפיתחא דשביל של כרמים דמגו דמהניא לשביל של כרמים מהני נמי לרחבה

And should the shape of a doorway be constructed for it at the entrance to the path between the vineyards,<span class="x" onmousemove="('comment',' Such a contrivance, since it effects permissibility of movement in a path that runs into a public domain, would obviously effect it here where the path runs only into a karmelith, and, consequently, might also serve as a sort of fence for the open area; and, as it is built for dwelling purposes, might equally effect the validity of the enclosure around the area.');">¹⁶</span> the camels coming [that way]<span class="x" onmousemove="('comment',' From the town, to drink from the river, and proceeding through the alley across the open area.');">¹⁷</span> would throw it down.

אמר ליה רבא יאמרו לחי מועיל לשביל של כרמים דעלמא

[The only procedure,] therefore,<span class="x" onmousemove="('comment',' Lit., 'but'.');">¹⁸</span> said Abaye, [is this:] Let a side-post be put up at the entrance to the path of the vineyards<span class="x" onmousemove="('comment',' Having its lower end fixed in the ground and consisting of the thinnest of posts, it would not be affected by the passing camels.');">¹⁹</span> so that [this construction], since<span class="x" onmousemove="('comment',' Heb.: Miggo.');">²⁰</span>

אלא אמר רבא עבדינן ליה לחי לפיתחא דמתא דמגו דמהני ליה לחי למתא מהני נמי לרחבה

it is effective in respect of the pa of the vineyards,<span class="x" onmousemove="('comment',' Which, owing to the contrivance, is no longer regarded as having a gap opening into a karmelith and the movement of objects within it is, therefore, permitted.');">²¹</span> is also effective in respect of the open area.<span class="x" onmousemove="('comment',' In accordance with the rule of miggo, the virtual fence at the entrance to the path represented by the side-post is also regarded as a fence put up for dwelling purposes in connection with the open area. If the side-post, however, had not been the cause of the permissibility of movement in the path, the rule of miggo could not apply; and, as the entrance to the path was not wider than ten cubits, the virtual fence, being smaller than the required size, could not effect the permissibility of movement in the area either.');">²²</span> Said Raba to him:<span class="x" onmousemove="('comment',' Abaye.');">²³</span>

הלכך טלטולי במתא גופה שרי טלטולי ברחבה גופה שרי ממתא לרחבה ומרחבה למתא פליגי בה רב אחא ורבינא חד אסר וחד שרי

Would not people<span class="x" onmousemove="('comment',' Relying on Abaye's ruling.');">²⁴</span> infer that a side-post is effective in the case of any<span class="x" onmousemove="('comment',' Lit., 'in the world', 'elsewhere'.');">²⁵</span> path among vineyards.<span class="x" onmousemove="('comment',' Even one that does not rundown to a river bank but to a public domain. Such an alley, however, cannot as a matter of fact be permitted by one side-post at one end.');">²⁶</span> Rather, said Raba, a side-post should be put up at the entrance to the alley,<span class="x" onmousemove="('comment',' On the side that adjoins the open area. Lit., 'town' of which the alley forms a part.');">²⁷</span> and since<span class="x" onmousemove="('comment',' Miggo.');">²⁸</span> the side-post is effective in respect of the alley<span class="x" onmousemove="('comment',' Sc. it is permitted thereby to move objects in the alley if the shape of a doorway was put up at its other end, that is abutting on the public domain (cf. supra 7a) .');">²⁹</span> it is also effective in respect of the open area. Hence it is permitted to move objects within the alley itself.<span class="x" onmousemove="('comment',' Sc. it is permitted thereby to move objects in the alley if the shape of a doorway was put up at its other end, that is abutting on the public domain (cf. supra 7a) .');">²⁹</span> It is also permitted to move objects within the open area itself.<span class="x" onmousemove="('comment',' By the rule of miggo: Since the side-post is effective for the alley it is also effective for the open area.');">³⁰</span> [But as regards] the moving of objects from the alley into the open space or from the open space into the alley, R'Aha and Rabina are at variance. One forbids this and the other permits it.