Eruvin 88

Chapter 88

א אלא אדם אאדם קשיא
1 But does not a contradiction still remain between the two rulings regarding a human being?<span class="x" onmousemove="('comment',' In the former Baraitha a Human being is forbidden to be used as a wall while in the latter he is permitted. The answer given in connection with vessels, that the latter deals with a fourth wall, is inapplicable since the Baraitha specifically speaks of that wall as enabling other 'to eat, to drink and to sleep'. Only the third wall but not a fourth one does that.');"><sup>1</sup></span> There is really no contradiction between the two rulings regarding a human being, since the former refers to a man used as a wall with his knowledge<span class="x" onmousemove="('comment',' As he agrees to constitute a proper wall he must not be used for the purpose on Sabbaths or Festivals.');"><sup>2</sup></span> while the latter refers to a man so used without his knowledge.<span class="x" onmousemove="('comment',' This is permitted since no hut is constructed in such a manner and on no account, in consequence, can the man in such circumstances he regarded as a valid wall.');"><sup>3</sup></span>
ב אדם אאדם נמי לא קשיא כאן לדעת כאן שלא מדעת
2 Was not, however, the arrangement for Nehemiah son of R'Hanilai, made with [the men's] knowledge? No, without their knowledge.<span class="x" onmousemove="('comment',' They did not know for what purpose they were told to line up.');"><sup>4</sup></span> R'Hisda<span class="x" onmousemove="('comment',' Who presumably took his place in the lines arranged for Nehemiah.');"><sup>5</sup></span>
ג והא דרבי נחמיה בריה דרבי חנילאי לדעת הוה שלא מדעת הוה
3 at any rate must have known? R'Hisda was not one of the number.<span class="x" onmousemove="('comment',' Of those who made up the lines.');"><sup>6</sup></span> Certain gardeners once brought water<span class="x" onmousemove="('comment',' On a Sabbath day, from a public, into a private domain.');"><sup>7</sup></span>
ד רב חסדא מיהא לדעת הוה רב חסדא שלא מן המנין הוה:
4 through human walls<span class="x" onmousemove="('comment',' The men forming them having been aware of the purpose they were to serve.');"><sup>8</sup></span> and Samuel had them flogged. He said: If the Rabbis permitted human walls where the men composing them were unaware of the purpose they served would they also permit such walls where the men were aware of the purpose?<span class="x" onmousemove="('comment',' Obviously not. Hence the culpability of the gardeners.');"><sup>9</sup></span>
ה הנהו בני גננא דאעילו מיא במחיצה של בני אדם נגדינהו שמואל אמר אם אמרו שלא מדעת יאמרו לדעת
5 A number of skin bottles were once lying in the manor<span class="x" onmousemove="('comment',' Which was, of course, a public domain. [On the manor of Mahuza, Rostaka di Mahuza, v. Obermeyer, p. 172].');"><sup>10</sup></span> of Mahuza and, while Raba was coming from his discourse,<span class="x" onmousemove="('comment',' The crowds following him.');"><sup>11</sup></span> [his attendant]<span class="x" onmousemove="('comment',' So Rashi.');"><sup>12</sup></span>
ו הנהו זיקי דהוה שדיין בריסתקא דמחוזא בהדי דאתא רבא מפירקיה אעלינהו ניהליה לשבתא אחריתי בעי עיילינהו ואסר להו דהוה ליה כלדעת ואסור
6 carried<span class="x" onmousemove="('comment',' Through the crowds that formed so to speak human walls on either side of the carriers.');"><sup>13</sup></span> them in.<span class="x" onmousemove="('comment',' Into a private domain (cf. previous note) .');"><sup>14</sup></span> On a subsequent Sabbath he desired to carry them in again,<span class="x" onmousemove="('comment',' Into a private domain (cf. previous note) .');"><sup>14</sup></span>
ז לוי אעילו ליה תיבנא זעירי אספסתא רב שימי בר חייא מיא:
7 but he<span class="x" onmousemove="('comment',' Raba.');"><sup>15</sup></span> forbade it to them because in the second case the human walls must be regarded as having been put up with the men's knowledge, which is forbidden. For Levi straw was brought in;<span class="x" onmousemove="('comment',' Through human walls, on a Sabbath, from a public domain into a private one.');"><sup>16</sup></span>
ח <big><strong>מתני׳</strong></big> מי שיצא ברשות ואמרו לו כבר נעשה מעשה יש לו אלפים אמה לכל רוח
8 for Ze'iri cattle fodder,<span class="x" onmousemove="('comment',' Through human walls, on a Sabbath, from a public domain into a private one.');"><sup>16</sup></span> and for R'Shimi B'Hiyya water.<span class="x" onmousemove="('comment',' Through human walls, on a Sabbath, from a public domain into a private one.');"><sup>16</sup></span> <big><b>MISHNAH: </b></big>IF A MAN WHO WAS PERMITTED TO DO SO<span class="x" onmousemove="('comment',' If his journey, for instance, had for its purpose the saving of life or the tendering of evidence on the appearance of a new moon, which involves the religious observance of a festival.');"><sup>17</sup></span>
ט אם היה בתוך התחום כאילו לא יצא כל היוצאים להציל חוזרין למקומן:
9 WENT OUT BEYOND THE SABBATH LIMIT AND WAS THEN TOLD THAT THE ACT<span class="x" onmousemove="('comment',' Which he intended to do.');"><sup>18</sup></span> HAD ALREADY BEEN PERFORMED, HE IS ENTITLED TO MOVE WITHIN TWO THOUSAND CUBITS<span class="x" onmousemove="('comment',' From the spot where the report was brought to him.');"><sup>19</sup></span> IN ANY DIRECTION.
י <big><strong>גמ׳</strong></big> מאי אם היה בתוך התחום כאילו לא יצא אמר רבה הכי קאמר אם היה בתוך תחום שלו כאילו לא יצא מתוך ביתו דמי
10 IF HE WAS WITHIN THE SABBATH LIMIT HE IS REGARDED AS IF HE HAD NOT GONE OUT.<span class="x" onmousemove="('comment',' This is explained in the Gemara infra.');"><sup>20</sup></span> ALL<span class="x" onmousemove="('comment',' Mishnah ed., 'because all'; MS.M., 'and all'.');"><sup>21</sup></span> WHO GO OUT TO SAVE LIFE MAY RETURN TO THEIR ORIGINAL PLACES.<span class="x" onmousemove="('comment',' This is explained in the Gemara infra.');"><sup>20</sup></span>
יא פשיטא מהו דתימא הואיל ועקר עקר קמ"ל
11 <big><b>GEMARA: </b></big>What [need was there for the ruling], IF HE WAS WITHIN THE SABBATH LIMIT HE IS REGARDED AS IF HE HAD NOT GONE OUT?<span class="x" onmousemove="('comment',' Is not this obvious?');"><sup>22</sup></span> - Rabbah replied: It is this that was meant: IF HE WAS WITHIN his SABBATH LIMIT<span class="x" onmousemove="('comment',' When he received the report.');"><sup>23</sup></span> HE IS REGARDED AS IF HE HAD NOT GONE OUT of his house.<span class="x" onmousemove="('comment',' Sc. he may move within two thousand cubits from his house in any direction, AS IF HE HAD NOT GONE OUT from it and not, as would have been the case if he had heard the report without his Sabbath limit, from the spot where he heard it.');"><sup>24</sup></span>
יב רב שימי בר חייא אמר הכי קאמר אם היו תחומין שנתנו לו חכמים מובלעין בתוך התחום שלו כאילו לא יצא מתחומו
12 Is not this Obvious?<span class="x" onmousemove="('comment',' So long as a man has not gone beyond his Sabbath limit he is, of course, entitled to his original rights of movement.');"><sup>25</sup></span> - It might have been presumed that as he tore [himself away from his original abode]<span class="x" onmousemove="('comment',' By deciding, under Rabbinic sanction, to go beyond his original Sabbath limit.');"><sup>26</sup></span> he has thereby detached [himself completely from it],<span class="x" onmousemove="('comment',' For the rest of the Sabbath day; his new abode being the spot where the report spoken of in our Mishnah reached him, irrespective of whether this happened beyond, or within his original Sabbath limit.');"><sup>27</sup></span>
יג במאי קמיפלגי מר סבר הבלעת תחומין מילתא היא ומר סבר לאו מילתא היא
13 hence we were informed [that IF HE WAS WITHIN his SABBATH LIMIT HE IS REGARDED AS IF HE HAD NOT GONE OUT OF HIS HOUSE]. R'Shimi B'Hiyya replied: It is this that was meant: If the Sabbath limits which the Rabbis have allowed him<span class="x" onmousemove="('comment',' The man who went beyond is original Sabbath limit.');"><sup>28</sup></span> overlapped with his original Sabbath limit<span class="x" onmousemove="('comment',' Sc. if the distance between the spot where the report had reached him and his own home was less than four thousand cubits.');"><sup>29</sup></span>
יד א"ל אביי לרבה ואת לא תסברא דהבלעת תחומין מילתא היא ומה אילו שבת במערה שבתוכה ארבעת אלפים ועל גגה פחות מארבעת אלפים אמה לא נמצא מהלך את כולה וחוצה לה אלפים אמה
14 HE<span class="x" onmousemove="('comment',' Since the new limit to which he is entitled enables him to come within two thousand cubits distance from his home.');"><sup>30</sup></span> IS REGARDED AS IF HE HAD NOT GONE OUT of his original Sabbath limit. On what principle do they<span class="x" onmousemove="('comment',' Rabbah and R. Shimi b. Hiyya.');"><sup>31</sup></span>
טו אמר ליה ולא שני לך בין היכא דשבת באויר מחיצות מבעוד יום להיכא דלא שבת באויר מחיצות מבעוד יום
15 differ? - The one Master<span class="x" onmousemove="('comment',' The last mentioned.');"><sup>32</sup></span> is of the opinion that the overlapping of Sabbath limits is of significance<span class="x" onmousemove="('comment',' Hence it is permissible to move within the two Sabbath limits as if they had constituted one single limit.');"><sup>33</sup></span> while the other Master<span class="x" onmousemove="('comment',' Rabbah.');"><sup>34</sup></span>
טז והיכא דלא שבת לא
16 maintains that it is of no consequence.<span class="x" onmousemove="('comment',' The man's movements are consequently restricted to one Sabbath limit even though that limit overlapped with his original one. Hence ,htu Rabbah's recourse to a different answer from that of R. Shimi. (For another interpretation v. Rashi s.v. a.l.) .');"><sup>35</sup></span> Said Abaye to Rabbah: Are you not of the opinion that the overlapping of Sabbath limits is of significance? What if a man spent the Sabbath in a cavern<span class="x" onmousemove="('comment',' Two of whose opposite walls were sloping upwards towards one another and thereby reducing the length of the roof in which there were two doors, one at the side of either wall.');"><sup>36</sup></span> the length of the floor of whose interior was four thousand cubits<span class="x" onmousemove="('comment',' Cf. previous note.');"><sup>37</sup></span> and that of its roof was less than four thousand cubits?<span class="x" onmousemove="('comment',' Cf. previous note.');"><sup>37</sup></span> Would he not be able to move all along its roof and two thousand cubits beyond it?<span class="x" onmousemove="('comment',' In either direction, from either door. If one door, for instance, was on the east side of the cavern and the other on its west side, the former would enable the man to move a distance of two thousand cubits from the east side of that door and another two thousand cubits from its west side, while the latter door would similarly enable him to move along equal distances from both its sides. But since the western limit of the eastern door overlaps along the roof with the eastern limit of the western door, the man is in consequence permitted to move along a distance of more than four thousand cubits, beginning in the east at a point two thousand cubits from the eastern door and extended along the roof to a point in the west two thousand cubits distant from the western door. If the two Sabbath limits, however, had not overlapped along the roof as would be the case where the roof of the cavern, like its floor, was four thousand cubits long, the man on leaving the eastern door would have been allowed to move to a limit of two thousand cubits in either direction but no further and a similar distance and no further if he left by the western door. How then could Rabbah maintain that overlapping is of no consequence?');"><sup>38</sup></span> - The other replied: Do you make no distinction between a case where<span class="x" onmousemove="('comment',' As in that of the cavern.');"><sup>39</sup></span> the man began to spend the Sabbath within the walls of his abode, while it was yet day<span class="x" onmousemove="('comment',' The Sabbath eve.');"><sup>40</sup></span> and one<span class="x" onmousemove="('comment',' The case spoken of in our MISHNAH:');"><sup>41</sup></span> where he did not begin to spend the Sabbath between the walls<span class="x" onmousemove="('comment',' Of his second 'abode', the spot where the report was brought to him.');"><sup>42</sup></span> while it was yet day?<span class="x" onmousemove="('comment',' Such a distinction must, of course, be drawn. In the former case the two Sabbath limits are acquired simultaneously through the man's stay at the same time within the same cavern; hence the significance and value of the overlapping of the limits. In the latter case, however, when the man was within his original home he had no right whatever to his new Sabbath limit, and when he entered his new 'abode' and acquired the right to the new limit he had already quitted his original home. If, therefore, he is entitled to the latter he must, despite the overlapping, lose his right to the former and Vice versa.');"><sup>43</sup></span> - [You say] that where a man did not begin to spend the Sabbath [within the walls of an abode common to both limits overlapping of the limits is of] no consequence,