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Week 16 - Shabbat - 18 March 2000

ERUVIN: CHAPTER 8 : MISHNA 5

If a person left his house and went to spend the Shabbat in another town, whether a non-Jew or an Israelite, then he restricts; so Rabbi Meir. Rabbi Yehudah says: he does not restrict. Rabbi Yose says: A non-Jew restricts, an Israeli does not restrict for it is not the custom of an Israelite to come on the Shabbat. Rabbi Shimon says: Even if he left his house and went to spend the Shabbat with his daughter in the same town, he does not restrict, because he had already dismissed it from his mind.

Kahati

If a person left his house and went to spend the Shabbat in another town, whether – the person who left the house is - a non-Jew – and he did not rent the people of the courtyard his domain, or – he is - an Israelite – and he did not make an eruv with the people of the courtyard, and he did not renounce his rights in favor, then he restricts – the people of the courtyard and they may not carry from their houses to the courtyard and from the courtyard to their houses, for though he does not spend the Shabbat there, his dwelling has the status of a dwelling - so Rabbi Meir – who holds that an unoccupied dwelling has the status of a dwelling.

Rabbi Yehudah says: he does not restrict – for Rabbi Yehudah holds that a dwelling without the resident does not have the status of a dwelling and therefore it does not restrict. Rabbi Yose says: A non-Jew restricts – Rabbi Yose also holds that a dwelling without the resident is not considered to be a dwelling, but a non-Jew who left his house restricts for he might return to his house on the Shabbat, but - an Israeli does not restrict for it is not the custom of an Israelite to come on the Shabbat – if, for instance, he is outside the Shabbat bounds, - and an unoccupied dwelling does not restrict.
Rabbi Shimon says: Even if he left his house and went to spend the Shabbat with his daughter in the same town, he does not restrict – the people of his courtyard, because he had already dismissed it - his dwelling, from his mind – for this Shabbat. The Gemara states that this applies only if he goes to his daughter, for he does not fear that he will quarrel with his son-in-law. If, however, he went to spend the Shabbat with his sin, he odes not dismiss his dwelling from hid mind, for he fears that this daughter-in-law might quarrel with him, and he will return on the Shabbat to his house. The halakhah follows Rabbi Yose and Rabbi Shimon.

ERUVIN: CHAPTER 8 : MISHNA 6

If there is a cistern between two courtyards, one may not draw from it on Shabbat unless they made for it a partition of ten tefahs high, whether above, whether below, whether within its basin. Rabban Shimon ben Gamliel says: Bet Shammai says – Below and Bet Hillel says – Above. Rabbi Yehudah says: The partition shall not be larger than the wall between them.

Kahati

If there is a cistern between two courtyards – if the dividing wall between two courtyards pases over a cistern, one half of it being in one coutyard, and the other half in the other courtyard; if the two courtyards did not make an eruv with each other, one – the people of each courtyard, may not draw – water - from it – the cistern, on Shabbat – for they would be filling from the domain of the other courtyard, unless they made for it – the cistern, a –special - partition of ten tefahs high – so that the people of each courtyard should be drawing water from their own domain, whether above – the water, i.e., the partition divides the cavity of the cistern until close to the water (some versions of the mishnah omit the phrases "whether from above"), whether below – the water, i.e., the partition is in the water, whether within its basin – below the rim of the cistern, even though it does not touch the water, for the Sages were lenient concerning water, and regarding the partition as if it divided the cistern right to the bottom. Most of the commentators, however, (following the opinion of Rav Yehudah in the Gemara), interpret the mishnah as follows: "whether above" – nine tefahs of the partition are above the water, and one tefahs is immersed in the water, "whether below" – nine tefahs of the partition are under the water, and one tefah is above the water, so that there will be a visible division between the two domains (Rambam, Rabbi Yonantan of Lunel, Bartenura).

Rabban Shimon ben Gamliel says: - he does not disagree with the First Tanna, but rather teaches that Bet Shammai and Bet Hillel differ on the subject: Bet Shammai says – The partition must be made only – Below and Bet Hillel – who are lenient – say – that it is permitted to make the partition also – Above – the option "whether within its basin," is also according to Bet Hillel, for their statement, "above," includes both the option of "above the water" and that of "within its basin" (Hameiri, Rabbi Yonantan of Lunel). Rabbi Yehudah says: The partition shall not be larger than the wall between them – i.e., since the wall that divides the two courtyards passes over the cistern, there is no need for an additional partition within the cistern; just as a partition within the cistern; just as a partition within the basin of the cistern is effective as a separation between the domains, so, too, the wall between the courtyards, even though it is above the bank of the cistern, is regarded as if it reached down into the cistern, and separates the domains (Rambam, Rabbi Yonantan of Lunel).

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