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Week 12 - Friday - 18 Feb. 2000

ERUVIN: CHAPTER 2: MISHNA 3

Rabbi Yehudah says: Up to bet satayim. They said to him: They said bet satayim only regarding a garden or a karpef, but in the case of a dir, or an enclosure, or a muktzeh, or a courtyard, even the area of five kurs, and even the area of ten kurs, is permitted, and it is permitted to move it any distance, provided that he increases the number of boards.

Kehati

This mishnah is a continuation of the preceding mishnah and contains the discussion of the Tannaim regarding the maximal allowed distance between the well and the boards.

Rabbi Yehudah says: The boards may be distant from the well only up to the measure of - bet satayim - i.e., the surrounded area may not be larger than that in which two se'ah (about 26.5 liters) of grain can be sown. As mentioned, in mishnah 1:10, this was the area of the Tabernacle courtyard: 100 amot long by 50 amot wide (= 5,000 square amot). They - the Sages, said to him - Rabbi Yehudah, They the Sages, said established the measure of bet satayim only regarding a garden or a karpef which were not set up to surround a dwelling: a karpef is a large fenced-in area, outside the town,

used for storing wood etc. but in the case of a dir - fenced-off area within a field into which sheep are taken to fertilize it, or an enclosure - a fenced-off area in which cattle are kept,

or a muktzeh - an open space behind the house or a courtyard - in front of the houses even - if they are as large as, the area of five kurs - in which five kurs (i.e., 150 se'ah', I kur = 30 se'ah) of grain can be sown, and even the area of ten kurs - in which ten kurs (= 300 se'ah) can be sown, is permitted - to carry within them, because they surround a dwelling (for in the dir or the enclosure

there is a house for the shepherd); this applies also to boards surrounding a well which are considered as surrounding a dwelling, for the water is fit for use by humans; and - therefore - it is permitted - for the boards to move it any distance - from the well, any amount - that a person desires, provided that he increases the number of boards - as explained in the preceding mishnah. This is the halakhah.

ERUVIN: CHAPTER 2: MISHNA 4

Rabbi Yehudah says: If the public road separates them, it should be diverted. But the Sages say: It is not necessary. It is all one, whether a public pit, a public well, and the private well - they may be encompassed by boards; but for a private pit a partition ten tefahs high must be made - so Rabbi Akiva. Rabbi Yehudah ben Bava says. Boards may be set up around a public well, whereas for the rest an enclosure ten tefahs high must be made.

Kehati

This mishnah continues to discuss the law regarding the boards around wells.

Rabbi Yehudah says: If the public road - passing between the boards - separates them, it the road, should be diverted - outside the boards. Since the boards constitute a symbolic rather than an actual partition, for the gaps between them exceed the constructed parts, the public road cancels the perimeter created by the boards, for the public transit transforms it into a public domain.

But the Sages say: It is not necessary - to divert the public road, for since there are two boards of six tefahs on either side, they constitute four recognizeable partitions, and the passage of many people between them does not cancel them.

It is all one, whether - a public pit - cistern (i.e., of collected water), which is public property, a public well - of fresh water, that is public property, - or a private well - of fresh water, they may be encompassed by boards - in order to draw water from them on the Shabbat, in order to water the cattle;

but for a private pit - since it is possible that its water will cease on the Shabbat, the Sages did not permit to turn it into a private domain by the use of boards. The Sages permitted this only so that the pilgrims travelling to Jerusalem for the Festivals could water their cattle. When there is no water in the well, the boards do not have the legal status of a partition, and it is prohibited to carry there. Regarding the private pit, however, we fear that people will forget and carry also when there is no water there, and boards may therefore not be set up for it, rather - a partition ten tefahs high - i.e., a complete partition around the pit; so Rabbi Akiva - though a public pit may also dry up. Rabbi Akiva holds

that boards may be set up around it, for there are many people, and they will remind one another when there is no water that it is prohibited to carry there.

Rabbi Yebiidah ben Bava says: Boards may be set up only around a - fresh water - public well, whereas for the rest - a public pit, a private well, and certainly for the private pit, an enclosure a complete surrounding partition; according to one interpretation, a fence of ropes (Rashi),

ten tefahs high - the halakhah follows Rabbi Yehudah ben Bava (Gemara). Watering station boards were permitted only for pilgrims in Eretz Israel and only for the purpose of watering their cattle. A person who wants to drink, however, may not draw water to drink, but must go down into the well

unless a surrounding partition ten tefahs high has been built around it. If, however, the well is very wide, and a man cannot go down into it, he may draw from it and drink between the boards (Shab. 21a; Rambarn, Hil. Shabbat 17:30).

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