Torah Community Connections

Week 16 - Friday - 17 March 2000

ERUVIN: CHAPTER 8: MISHNA 3

If people of a courtyard and people of a gallery forgot and did not make an eruv, everything that is ten tefahs high – to the gallery, less that this – to the courtyard. If the bank around a cistern, or a rock are ten tefahs high – to the gallery, less than this – to the courtyard. To what does this apply? To one that is nearby, but when it is far, even ten tefahs high – to the courtyard. And which is nearby? One that is not distant four tefahs.

Kahati

This mishnah resumes the discussion of the laws of eruvei hatzerot.

If people of a courtyard – i.e., the inhabitants of the lower story of a house in the courtyard, and people of a gallery – i.e., the inhabitants of the upper story of the house, who have a common gallery, from which they descend by stairs to the courtyard, forgot and did not make an eruv – eruv hatzerot, with each other, so that the people of the gallery should be permitted to carry out from their houses to the courtyard, and vice versa, and each group only an eruv for itself. The people of the gallery may therefore carry from their houses to the gallery and from the gallery into their houses, and the people of the courtyard may carry from their houses to the courtyard and from the courtyard to their houses, and the right of passage of the people of the gallery have in the courtyard does not restrict the people of the courtyard, for the foot that is permitted n its place does not restrict in another place(see 6:9 –10 above).

Everything – that is in the courtyard - that is ten tefahs high – such as a mound or a column which is close to the gallery, belongs - to the gallery – and the people of the gallery may make use of it, but not the people of the courtyard, for since its usage is convenient for the people of the gallery, but not for the people of the courtyard, it is considered as the domain of the people of the gallery; but if the height of the mound or column is - less that this – ten tefahs, than since the people of the gallery cannot easily make use of it, to the courtyard – the Gemara explains, "also to the courtyard," i.e., this place belongs to the people of the gallery and of the courtyard, and since they have not made an eruv with each other, neither of these groups may use it. And similarly, when digging a cistern, the earth removed is heaped up around it, to serve as a railing. This earth is called "the bank around the cistern."
If the bank around a cistern, or a rock – in the courtyard - are ten tefahs high – and are close to the gallery they belong - to – the people of the gallery – and they make use of them, but not the people of the courtyard, if they are less – high - than this – that ten tefahs, they belong also - to the courtyard – as explained above, and neither of these ground may carry there from, or from there to their houses.
To what does this apply? – that whatever is ten tefahs high is assigned to the gallery? To one that is nearby – to the bank that is close to the gallery (the mishnah uses 'ban' as a term for anything that is ten tefahs high), but when it is far – from the gallery, and is therefore, not convenient for use by the people of the gallery either, then even ten tefahs high – it belongs also – to – the people of - the courtyard – and the two groups may not carry vessels there from their houses unless they make an eruv with each other. And which is nearby? Whatever – the bank around the cistern, the rock, etc., is not distant – from the gallery, more than - four tefahs.

ERUVIN: CHAPTER 8: MISHNA 4

If a person puts his eruv in a gate house, portico, or gallery, it is not an eruv, and the person who dwells there does not restrict him. In a straw shed, in a cattle shed, in a woodshed, or in a storehouse, then this is an eruv, and the person who dwells there restricts him. Rabbi Yehudah says: If the householder has the rights of possession there, he does not restrict him.

Kahati

This mishnah teaches that the food of the eruv must be placed in one of the houses of the courtyard since its purpose is to permit carrying from one house to the other. And if a person placed it in a place which is not considered to be a house, it is not a valid eruv.

If a person puts his eruv – eruv hatzerot, in a gate house – a building close to the gate of the courtyard, in which the watchman sits, portico – a roofed-over structure of columns before the entrance to a house, and gallery – which is not a dwelling place, it is not an eruv – for the eruv hatzerot must be placed in a dwelling, and these are not dwellings, and the person who dwells there – in the gate house, portico, or gallery, does not restrict him –does not restrict the owner of the courtyard, and he need not make an eruv with him because none of these are considered a dwelling; but if a person puts the eruv - in a straw shed - in a cattle shed, in a woodshed, or in a storehouse – for the produce, etc., then this is an eruv – for each one of these buildings has the legal status of a dwelling, and the person who dwells there – in the straw shed, cattle shed, woodshed, or storehouse, restricts him – the owner of the courtyard, and he must make an eruv with him.

Rabbi Yehudah says: If – a person rented a house from the owner of the courtyard and - the householder – the owner of the courtyard, has the rights of possession there – retained for himslef the right to see his house, eg., to leave his vessels there, he – the dweller, does not restrict him – the householder, and the latter need not make an eruv with him, for it is as if he were dewlling with him (Rashi), or the tenant is only as a guest with him (Hameiri). The Gemara explains that this is the law only if he placed there vessels that may not be handled on the Shabbat. If, however, he placed there vessels that may be handled on the Shabbat, then he does not restrict him, for since the tenant can carry them out on the Shabbat, this is not regarded as rights of possession. According to Rabbi Yonatan of Lunel, this applies only if there are no inhabitants. If, however, there are other inhabitants in the courtyard, in whose houses the owner of the courtyard in whose houses the owner if the courtyard does have rights of possession, all must make a eruv; if the tenant in whose house the owner of the courtyard has rights of possession did not make an eruv of the other inhabitants if the courtyard was not in the houses of the owner of the courtyard, then he restricts them.

Return to Mishna Yomit Index

Visit the Mishna Yomit Archives