Eruvin 65

ונתכוין לשבות בעיקרו ומאי למעלה ומאי למטה דהדר זקיף

while the man intended to acquire his Sabbath abode at its root;<span class="x" onmousemove="('comment',' The branches outside the four cubits are obviously in the public domain. If, therefore, the 'erub lay below the height of ten cubits it is possible to carry it in small stages of less than four cubits to the root of the tree which is a private domain only as regards 'erub but not in respect of forbidding the movement of objects into it from the public domain. If, however, the 'erub was deposited above the height of ten cubits');">¹</span> and what [is the explanation for the use of the expressions,] 'above' and 'below'?<span class="x" onmousemove="('comment',' and . Such terms are applicable to an 'erub on a tree that stands upright but not to one on a branch, projecting horizontally. In the latter case the expressions, 'high' and 'low' would be expected.');">²</span> That [the branch]<span class="x" onmousemove="('comment',' At first projecting horizontally at an attitude below ten handbreadths.');">³</span> rises again into a vertical position.

והא אי בעי מייתי לה דרך עליו

But could not the man,<span class="x" onmousemove="('comment',' Even where the 'erub lay at a height of ten handbreadths, and beyond four cubits of the root where he intended to acquire the Sabbath abode.');">⁴</span> if he so wished, bring [the 'erub]<span class="x" onmousemove="('comment',' From the branch to the root of the tree.');">⁵</span> by way of the upper part of the tree?<span class="x" onmousemove="('comment',' I.e., by climbing to the upper part of the tree, which, being above an attitude of ten handbreadths, is a private domain through which it is permitted to carry from the private domain in which the 'erub lay to the root of the tree which also is a private domain. ihp,fn ;,f');">⁶</span> - [This is a case] where many people adjust their burdens<span class="x" onmousemove="('comment',' denom. pi'el of 'to shoulder'.');">⁷</span>

כשרבים מכתפין עליו וכדעולא דאמר עולא עמוד תשעה ברשות הרבים ורבים מכתפין עליו וזרק ונח על גביו חייב:

on it,<span class="x" onmousemove="('comment',' The branch that was beyond the four cubits was lower than ten handbreadths; which, in consequence, assumes the status of a public domain. It is impossible, therefore, to carry the 'erub from the upright portion of the branch which is a private domain to the root of the tree which is also a private domain, since the only way possible, viz. the horizontal portion of the branch, constitutes a public domain of all the space above it, and it is forbidden to carry from one private into another private domain via a public domain (cf. Shab. 96a) .');">⁸</span> and [this ruling<span class="x" onmousemove="('comment',' That the branch has the status of a public domain.');">⁹</span> is] in agreement with that of Ulla who laid down: If a column, nine handbreadths high,<span class="x" onmousemove="('comment',' Only of that height; for if it was lower than three handbreadths it is regarded as a mere projection and as a part of the ground; from three to nine handbreadths in height, since it is too low for adjusting burdens, it is not deemed a public domain but it has the status of a karmelith (v. Glos.) ; and one of ten handbreadths in height is deemed to be a private domain.');">¹⁰</span> was situated in a public domain and many people were adjusting their burdens on it, any man who throws<span class="x" onmousemove="('comment',' Across a distance of four cubits from the column');">¹¹</span>

מאי רבי ומאי רבנן

an object that comes to rest upon It is guilty.<span class="x" onmousemove="('comment',' Shab. 3a; of the offence of desecrating the Sabbath, because the column has the status of a public domain. Where, however, the public do not adjust their burdens upon the column it is not deemed a public domain and no guilt is incurred by the man who threw the object because, though he lifted it up in a public domain, it did not come to rest in a public domain, and no guilt for throwing a distance of four cubits in a public domain is incurred unless both the lifting and the resting of the object took place in a public domain.');">¹²</span> What is the source of the dispute between,<span class="x" onmousemove="('comment',' Lit., 'what . . and what'.');">¹³</span> Rabbi and the Rabbis?<span class="x" onmousemove="('comment',' Referred to supra 32b.');">¹⁴</span> - It was taught: If he deposited it on a tree above [a height] of ten handbreadths, his 'erub is ineffective;<span class="x" onmousemove="('comment',' If, as was explained supra, the man's intention was to make his abode at the root of the tree whose branches extended horizontally across the public domain to a distance of four cubits and then turned upwards into a vertical position.');">¹⁵</span>

דתניא נתנו באילן למעלה מעשרה טפחים אין עירובו עירוב למטה מעשרה טפחים עירובו עירוב ואסור ליטלו בתוך שלשה מותר ליטלו נתנו בכלכלה ותלאו באילן אפילו למעלה מעשרה טפחים עירובו עירוב דברי רבי וחכמים אומרים כל מקום שאסור ליטלו אין עירובו עירוב

[if he deposited it at an altitude] below ten handbreadths his 'erub is effective, but he must not move it.<span class="x" onmousemove="('comment',' On the Sabbath, from its place on the tree to his 'abode' at the root of that tree; because the use of a tree is forbidden on the Sabbath. The 'erub is nevertheless effective since at twilight on Friday, when the 'abode' is acquired, the use of the tree, which is only Rabbinically forbidden on the Sabbath, is then permitted and the 'erub, therefore, could then be moved.');">¹⁶</span> [If the 'erub was deposited]<span class="x" onmousemove="('comment',' On the tree.');">¹⁷</span> within three [handbreadths from the ground] it is permitted to move it.<span class="x" onmousemove="('comment',' On the Sabbath; because a height of less than three handbreadths is regarded as the ground itself.');">¹⁸</span> If he put it In a basket and hung it upon the tree his 'erub is effective even if it was above [a height] of ten handbreadths;<span class="x" onmousemove="('comment',' Provided, as explained infra, the tree is less than four handbreadths in width.');">¹⁹</span>

וחכ"א אהייא אילימא אסיפא לימא קסברי רבנן צדדין אסורין אלא ארישא

Rabbi. But the Sages ruled: Wherever it is forbidden to move it the 'erub is ineffective. Now to what [does the statement,] 'But the cages ruled' refer? If it be suggested: To the final clause,<span class="x" onmousemove="('comment',' Rabbi having ruled that an 'erub in a basket suspended from a tree is effective, the Sages objected that, since on the Sabbath the 'erub' may not be moved, on account of the Rabbinical prohibition against the use of a tree, it must not be moved, as a preventive measure, even at twilight of the Sabbath Eve when the 'erub should come into force, and the 'erub is consequently ineffective.');">²⁰</span>

האי אילן היכי דמי אי דלית ביה ארבעה מקום פטור הוא ואי דאית ביה ארבעה כי נתנו בכלכלה מאי הוי

[the difficulty would arise:] Does this imply that the Rabbis hold the opinion that [the use of the] sides<span class="x" onmousemove="('comment',' As is the case here where the basket does not rest on the tree but is suspended from its sides.');">²¹</span> [is also] forbidden?<span class="x" onmousemove="('comment',' But this question in fact forms the subject of a dispute in Shab. 154b.');">²²</span> Consequently [it must refer] to the first clause.<span class="x" onmousemove="('comment',' Where Rabbi stated that an 'erub on a tree below the height of ten handbreadths is effective though it may not be moved on the Sabbath. To this the Sages objected that, though the abode and the 'erub were in the public domain, since the 'erub may not be moved on the Sabbath, on account of the prohibition against the use of the tree, it may not be moved at twilight either, and the 'erub is, therefore, invalid.');">²³</span> But then, what [size of] tree is done to imagine?

אמר רבינא רישא דאית ביה ארבעה סיפא דלית ביה ארבעה וכלכלה משלימתו לארבעה

If [it is one] which is less than four [handbreadths in width,] then, surely, it is a spot of exemption;<span class="x" onmousemove="('comment',' I.e., a spot the identity of which is merged into the domain in which it is situated (v. Shab. 6a) , so that it is permitted, even in Rabbinic law, to move objects from the former into the latter and vice versa. As the tree in question is situated in a public domain it is permitted to move the 'erub from the one into the other. Why then should the 'erub be ineffective even where it lay at a height above ten handbreadths?');">²⁴</span> and if it was four [handbreadths wide,]<span class="x" onmousemove="('comment',' So that the prohibition in the first clause is due to the fact that the tree constituted a private domain from which it is forbidden to carry into the public domain.');">²⁵</span> what is [the use, it may be asked,] that the 'erub was put in a basket?<span class="x" onmousemove="('comment',' Seeing that neither the 'erub alone nor the 'erub with the basket may be moved from one domain into another.');">²⁶</span> - Rabina replied: The first clause [is a case] where [the tree] had [a width] of four [handbreadths,<span class="x" onmousemove="('comment',' As the tree thus constituted a private domain the 'erub on it could not be carried to the 'abode' in the public domain. Hence the invalidity of the 'erub.');">²⁷</span> while] the final clause [deals with one] whose width was less than four [handbreadths]<span class="x" onmousemove="('comment',' In consequence of which it cannot be regarded as a private domain.');">²⁸</span> but the basket supplemented it to four