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Week 12 - Thursday - 17 Feb. 2000

ERUVIN: CHAPTER 2: MISHNA 1

Boards are set up around wells, four deyumdin which appear as eight so Rabbi Yehudah. Rabbi Meir says, Eight which appear as twelve, four deyumdin and four single ones. Their height must be ten tefahs, and their width six, and their thickness may be any measure, and between them the space of two teams of three oxen each so Rabbi Meir. Rabbi Yehudah says, of four each, tied and not loose, one enters and one goes out.

Kehati

Water wells in the public domain that are ten tefahs deep have the legal status of a private domain, and it is prohibited to draw water from them on the Shabbat and to put it next to the well, for this entails carrying out from the private into the public domain. This mishnah teaches of the special arrangement around these wells authorized by the Sages so that water may be drawn from them on Shabbat.

Boards are set up - a partial fence of boards, around wells - located in the public domain, so that the area around the well will be considered a private domain, and water may be drawn from the well and placed in this area, four deyumdin - the word deyumad is composed of the two words du amud (lit., two-pole), i.e., two boards joined together at a right angle must be erected at the four corners around the well - which appear as eight - boards, on the four sides of the well, two boards on each side, with a space between them, so Rabbi Yehudah.

Rabbi Meir says: They make - Eight - boards - which appear as twelve - boards, as follows: four deyumdin - at the corners, and - an additional - four single ones - boards, between the four deyumdin. Their - the boards' height must be ten tefahs - for a partition must be at least ten tefahs high, and their - the boards' width six - tefahs (= I amah), and their thickness may be any measure - for the thickness of a partition is of no account and between them - the boards, it is permitted to leave a space - as the space of two teams of three oxen each - i.e., six animals, can pass through there. A baraita quoted in the Gemara explains that the width of a cow is 1 2/3 amot, so that the width of the six oxen is ten amot (1 2/3 X 6= 10) so Rabbi Meir - for he holds that the space betweeen the boards must not exceed ten amot. Rabbi Yehudah says: The space between the boards may be of the width sufficient for two teams - of four - oxen - each - i.e., eight oxen, to pass through, i.e., a total width of 13 1/3 amot(l 2/3 X 8 = 13 1/3), when the oxen are - tied - one to the other, and not loose - when the space between them is greater. The purpose of the double expression, "tied and not loose," is to stress that the animals are tied closely together with a minimum of space between them. The measure of the space between the boards is not the space required by two teams entering or by two teams going out, but rather that required when one enters and one goes out - in which case there is greater space between them, the Sages being lenient in ruling that the space between the boards (10 amot according to Rabbi Meir, and thirteen and one third amot according to Rabbi Yehudah) is calculated in liberally measured units. Rabbi Meir and Rabbi Yehudah differ on two points: (1) regarding the open space between the boards, which is considered to be a doorway: according to Rabbi Meir, the opening may not exceed 10 amot, whereas according to Rabbi Yehudah, it may be 13 1/3 amot wide. The law follows Rabbi Yehudah. (2) regarding the number of boards: Rabbi Meir requires four deyumdin and four single boards between them, but Rabbi Yehudah requires only four deyumdin. According to Rabbi Meir, the extent of the constructed fence (excluding the gaps) totals twelve amot, for the width of each board is six tefahs (= I amah), and according to Rabbi Yehudah, it totals eight amot. "The Gemara explains, however, that if the space between the deyamdin does not exceed ten amot Rabbi Meir also does not require single boards. If, on the other hand, the space between them is more than 13 1/3 amot. Rabbi Yehudah also requires additional boards. They differ only in a case

when the space exceeds 10 amot, but is less than 131/3 amot: according to Rabbi Yehudah, only the four deyumdin are required, but according to Rabbi Meir, single boards must be set up between them. Consequently, it may be concluded that the width of the single boards need not be one amah, but only as required to decrease the space between the deyumdin and the width of the boards specified in the mishnah refers only to the deyumdin). This matter requires further study.

ERUVIN: CHAPTER 2: MISHNA 2

It is permitted to bring close to the well, provided that the head and the greater part of a cow are inside when it drinks. It is permitted to be distant any amount, provided that he increases the boards.

Kehati

This mishnah continues to discuss the boards around the well, teaching that the area encompassed by the boards may be small, or large.

It is permitted to bring close - the boards, to the well - and thereby reduce the space between the well and the boards, provided that the head and the greater part of a cow are inside when it drinks - sufficient room remains for the cow to introduce its head and the greater part of its body to drink from the water drawn and set down at the edge of the well. A baraita teaches: "How much is 'its head and its greater part'? Two amot." It follows that the minimum distance allowed between the well and the boards is two amot. It is permitted - to set the boards, to be distant - from the well, any amount - that a person desires - provided that he increases the boards - the larger the perimeter formed by the boards around the well, the greater is the space between the boards; the number of boards must therefore be increased in order to reduce the gaps between them to 13 1/3 amot according to Rabbi Yehudah, or to 10 amot according to Rabbi Meir. As already mentioned, the law follows the opinion of Rabbi Yehudah.

And Rabbi Yehudah ben Bava further said - the Gemara explains that the current mishnah uses the wording "and further" because it was taught at the end of the preceding mishnah that Rabbi Yehudah ben Bava is stringent regarding the well boards which he permits only for public wells; the current mishnah teaches that he taught another of his stringent decisions: If the garden - e.g., an orchard or a karpef - a fenced-off area outside the city used for storing lumber and similar items,

seventy amot and a fraction - i.e., a square area of approximately 5,000 square amot as the area of the Tabernacle courtyard, which is called bet satayim (see the introduction to this mishnah), and the garden or the karpef is - surrounded by a fence ten tefahs high, one may carry - on the Shabbat, provided that there is in it a watchman's booth or a dwelling - for the owner, even

though he dwells there only on occasion, or that it is close to the city - within the 2,000 amot Shabbat bounds of the city. In such a case, the householder is accustomed to go there on the Shabbat and for a walk in it, and this is as if he dwelled there. Rabbi Yehudah ben Bava holds that even regarding a garden or a karpefwhich enclose a dwelling, one may carry only if their area does not exceed bet satayim (Rashi, Bartenura). According to the interpretation of Tosafot, Rabbi Yehudah ben Bava holds that in order to be allowed to carry, a watchman's booth or a building used as a dwelling suffices for an area up to bet satayim, but if it is larger, then it must enclose an actual dwelling.

Rabbi Yehudah (bar llai) says: Even if there is in it only a cistern - or, a pit or - a cave, one may carry within it - on the Shabbat. Rabbi Yehudah holds that there is no need for it to contain awatchman's booth or a building used as a dwelling; it suffices if it contains a cistern or a pit for the

collection of rainwater, or a cave in which one takes shelter from the sun; since this also demonstrates that it was fenced in for use by humans, it is permitted to carry within it Rabbi Yonatan ofLunel).

Rabbi Akiva says: Even if there is none of these - neither a watchman's booth, nor a cistern, nor a pit, nor a cave, one may carry within it - on the Shabbat, provided that it is seventy amot and a balance by seventy amot and a balance - and no more. The Gemara explains that Rabbi Akiva disagrees with the Sages, who stated, "They said bet satayim only regarding a garden or a karpef' (2:3, above). According to Rabbi Akiva, one may carry within them only if their area is a square of seventy amot and a fraction by seventy amot and a fraction , i.e., approximately bet satayim, e.g., 70 2/3 amot by 70 2/3 amot (=4,993 7/9 square amot)', however, if the area is exactly bet satayim (5,000 square amot), one may not carry within it. The other Tannaim, on the other hand, add the small differential between bet satayim and the smaller measure of "seventy amah and a fraction by seventy amot and a fraction," i.e., according to them, it is permitted to carry even in the exact area of a full bet satayim. According to Rambarn, the intent of the Gemara is that Rabbi Akiva disagrees with Rabbi Yehudah ben Bava regarding the size of the fraction. The latter holds that it is approximately 5/7 of an amah, and if so, the square is almost exactly a complete bet satayim (= 5,000 square amot), while according to Rabbi Akiva, the fraction is only 2/3 of an amah or a little more, so that the square only approximates bet satayim (see the introduction to this mishnah). The halakhah follows Rabbi Akiva, that if the garden or the karpef does not contain even one of these, a person may carry within them, but it does not follow him regarding the measure of the square (i.e., approximately bet satayim), but the halakhah is that even if the area is a complete bet satayim, one may carry within it.

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