Eruvin 98

וקטן

or by a minor.<span class="x" onmousemove="('comment',' Who collected the 'erub from the residents and deposited it in one of the houses. A minor cannot act as agent in a kinyan, hence the invalidity of the 'erub according to Samuel. As the food, however, which he collected constitutes a common habitation for the residents, that is independent of his personality and rights, the 'erub is valid according to Rabbah.');">¹</span> Said Abaye to Rabbah: An objection can be raised both against your view and against that of Samuel.

אמר ליה אביי לרבה לדידך קשיא ולשמואל קשיא הא תניא חמשה שגבו את עירובן כשהם מוליכין את עירובן למקום אחר אחד מוליך לכולן הוא ניהו דקא קני ותו לא הוא ניהו דקא דייר ותו לא

For was it not taught: 'If five residents who collected their 'erub<span class="x" onmousemove="('comment',' In connection with the courtyard in which they resided.');">²</span> desired to transfer it to another place,<span class="x" onmousemove="('comment',' Sc. they wish to join in an 'erub with the residents of another courtyard.');">³</span>

אמר ליה לא לדידי קשיא ולא לשמואל קשיא שליחות דכולהו קא עביד

one may take it there on behalf of all of them,'<span class="x" onmousemove="('comment',' I.e., it is sufficient even that it is his bread alone that is taken by him to that other place. V. infra 72b.');">⁴</span> [from which it follows that it is] that man alone that performs the kinyan<span class="x" onmousemove="('comment',' An objection against Samuel.');">⁵</span>

אמר רבה אמר רב חמא בר גוריא אמר רב הלכה כרבי שמעון:

and no other, and that it is he alone who acquires the habitation and no other.<span class="x" onmousemove="('comment',' Which is an objection against Rabbah.');">⁶</span> - The other replied: This is no objection either against my view or against that of Samuel, since the man acts on behalf of all of them.<span class="x" onmousemove="('comment',' The residents who originally joined him in the 'erub.');">⁷</span>

<big><strong>מתני׳</strong></big> מי שבא בדרך וחשכה לו והיה מכיר אילן או גדר ואמר שביתתי תחתיו לא אמר כלום

Rabbah stated in the name of R'Hama B'Goria who had it from Rab: The halachah, is in agreement with R'Simeon.<span class="x" onmousemove="('comment',' That in the case of THREE COURTYARDS THAT OPEN ONE INTO THE OTHER the middle one IS PERMITTED TO HAVE ACCESS To THEM AND THEY ARE PERMITTED ACCESS TO IT.');">⁸</span> <big><b>MISHNAH: </b></big>IF A MAN WHO WAS ON A JOURNEY [HOMEWARD]<span class="x" onmousemove="('comment',' On a Sabbath eve.');">⁹</span>

שביתתי בעיקרו מהלך ממקום רגליו ועד עיקרו אלפים אמה ומעיקרו ועד ביתו אלפים אמה נמצא מהלך משחשיכה ארבעת אלפים אמה

WAS OVERTAKEN BY DUSK,<span class="x" onmousemove="('comment',' J.T. and MS.M. read: 'and he feared that dusk might overtake him'.');">¹⁰</span> AND HE KNEW OF A TREE OR A WALL<span class="x" onmousemove="('comment',' Within a Sabbath limit From his position in one direction and within a Sabbath limit from his home in the other direction.');">¹¹</span>

אם אינו מכיר או שאינו בקי בהלכה ואמר שביתתי במקומי זכה לו מקומו אלפים אמה לכל רוח

AND SAID, 'LET MY SABBATH BASE BE UNDER IT',<span class="x" onmousemove="('comment',' In order that he might thereby be enabled to walk to his home after the Sabbath had set in. His home being almost two Sabbath limits distant from his position he could not otherwise have reached it during the Sabbath.');">¹²</span> HIS STATEMENT IS OF NO AVAIL.<span class="x" onmousemove="('comment',' Lit., 'he did not say anything'. The reason is explained in the Gemara infra.');">¹³</span>

עגולות דברי ר' חנינא בן אנטיגנוס וחכמים אומרים מרובעות כטבלא מרובעת כדי שיהיה נשכר לזויות

IF, HOWEVER, HE SAID, LET MY SABBATH BASE BE AT ITS ROOT',<span class="x" onmousemove="('comment',' I.e., he specified a particular spot of the size of four cubits under the tree.');">¹⁴</span> HE MAY WALK FROM THE PLACE WHERE HE STANDS TO ITS ROOT A DISTANCE OF TWO THOUSAND CUBITS, AND FROM ITS ROOT TO HIS HOUSE ANOTHER TWO THOUSAND CUBITS.

וזו היא שאמרו העני מערב ברגליו אמר ר"מ אנו אין לנו אלא עני רבי יהודה אומר אחד עני ואחד עשיר לא אמרו מערבין בפת אלא להקל על העשיר שלא יצא ויערב ברגליו:

THUS HE CAN WALK FOUR THOUSAND CUBITS AFTER DUSK. IF HE DOES NOT KNOW OF ANY TREE OR WALL, OR IF<span class="x" onmousemove="('comment',' Knowing one.');">¹⁵</span>

<big><strong>גמ׳</strong></big> מאי לא אמר כלום

HE IS NOT FAMILIAR WITH THE HALACHAH,<span class="x" onmousemove="('comment',' Which permits him to proceed in the manner just described.');">¹⁶</span> AND SAID, LET MY PRESENT POSITION BE MY SABBATH BASE', HIS POSITION ACQUIRES FOR HIM THE RIGHT OF MOVEMENT WITHIN A RADIUS<span class="x" onmousemove="('comment',' Lit., 'round'.');">¹⁷</span>

אמר רב לא אמר כלום כל עיקר דאפילו לתחתיו של אילן לא מצי אזיל

OF TWO THOUSAND CUBITS IN ANY DIRECTION; SO R'HANINA B. ANTIGONUS. THE SAGES, HOWEVER, RULED: THE DISTANCES<span class="x" onmousemove="('comment',' OF two thousand cubits from his position in the four directions.');">¹⁸</span>

ושמואל אמר לא אמר כלום לביתו אבל לתחתיו של אילן מצי אזיל

ARE TO BE SQUARED IN THE SHAPE OF A SQUARE TABLET, SO THAT HE MAY GAIN THE AREA OF THE CORNERS. THIS<span class="x" onmousemove="('comment',' A case like that of the man under way who, like a poor man, is unable to obtain bread For his 'erub.');">¹⁹</span>

ונעשה תחתיו של אילן חמר גמל

IT IS OF WHICH [THE RABBIS] HAVE SAID: A POOR MAN MAY MAKE HIS ERUB WITH HIS FEET.<span class="x" onmousemove="('comment',' Sc. food is not an essential for an 'erub, but by standing in the required spot at the time the Sabbath begins a poor man (cf. previous n.) may acquire it as his place for the Sabbath.');">²⁰</span> R'MEIR SAID: WE CAN APPLY THIS LAW<span class="x" onmousemove="('comment',' Cf. prev. n.');">²¹</span>

בא למדוד מן הצפון מודדין לו מן הדרום בא למדוד מן הדרום מודדין לו מן הצפון

TO<span class="x" onmousemove="('comment',' Lit., 'we have none'.');">²²</span> A POOR MAN ONLY.<span class="x" onmousemove="('comment',' V. supra n. 11.');">²³</span> R'JUDAH SAID: IT<span class="x" onmousemove="('comment',' Cf. prev. n.');">²¹</span> APPLIES TO BOTH RICH AND POOR, THE RABBIS ENACTMENT THAT AN ERUB IS TO BE PREPARED WITH BREAD HAVING THE ONLY PURPOSE OF MAKING IT EASIER FOR THE RICH MAN, SO THAT<span class="x" onmousemove="('comment',' By having the choice of sending his 'erub to the required spot through an agent.');">²⁴</span> HE SHALL NOT BE COMPELLED TO GO OUT HIMSELF AND MAKE THE ERUB WITH HIS FEET. <big><b>GEMARA: </b></big>What exactly is the meaning of 'HIS STATEMENT IS OF NO AVAIL'? - Rab explained: HIS STATEMENT IS OF NO AVAIL whatsoever, so that he may not proceed even to the space under the tree.<span class="x" onmousemove="('comment',' He must not move from his position until the conclusion of the Sabbath, since he has acquired no place for his Sabbath rest from which he could be enabled to walk within the permitted Sabbath limit. His right to the place on which he stood when the Sabbath had set in he expressly renounced by choosing another one, while the area under the tree could not be acquired by him since he had not specified which particular four cubits of that space he chose (cf. infra) .');">²⁵</span> Samuel, however, explained: HIS STATEMENT IS OF NO AVAil as regards proceeding to his house; he may, however, proceed as far as the space under the tree.<span class="x" onmousemove="('comment',' This will be discussed infra.');">²⁶</span> The space under the tree, however, is to be measured<span class="x" onmousemove="('comment',' Lit., 'and is made'. knd rnj');">²⁷</span> [as if one were acting both as an] ass-driver and a camel-driver.<span class="x" onmousemove="('comment',' , cf. note on the Mishnah supra 35a; sc. the man concerned, as is explained anon, is forbidden to move far in either direction.');">²⁸</span> If, for instance, the man desired to measure<span class="x" onmousemove="('comment',' The two thousand cubits distance from the tree to his house.');">²⁹</span> from the northern side of the tree<span class="x" onmousemove="('comment',' So that he might be enabled to reach his house which was just within that required distance from that side of the tree.');">³⁰</span> he is told to begin his measuring from its southern side,<span class="x" onmousemove="('comment',' Since, in appointing the tree as his Sabbath base, he did not specify which particular four cubits of space under that tree he desired to acquire, any four cubits space within the circumference of the tree and its branches may be assumed to be the appointed spot. In measuring the distances, therefore, a course must be adopted which under all circumstances could not possibly lead to all infringement of any of the restrictions involved. If the diameter of the circumference of the tree and its branches measured, for instance, twenty cubits, and the distance from its northern point to the man's house was exactly two thousand cubits, the measuring must not begin from that point but from the southern point of the diameter which is two thousand and twenty cubits distant from that house. And, since it is forbidden to proceed beyond two thousand cubits, the man's Sabbath limit would terminate at a point twenty cubits away from his house which, in consequence, he would not be able to enter during the Sabbath.');">³¹</span> and if he desired to measure from its southern side<span class="x" onmousemove="('comment',' So as to be able to walk (cf. prev. n.) a distance of twenty cubits from the position he occupied when the Sabbath began.');">³²</span> he is told to begin his measuring from the northern side.<span class="x" onmousemove="('comment',' In consequence of which he must not move one step in the southern direction from that position.');">³³</span>