Torah Community Connections

Week 17 - Friday - 24 March 2000

ERUVIN: CHAPTER 10: MISHNA 2

Rabbi Shimon says: He gives them to his fellow and his fellow to his fellow, until he arrives at the outer courtyard, and so also his son, he gives him to his fellow, and his fellow to his fellow, even a hundred. Rabbi Yehudah says: A person may give a cask to his fellow, and his fellow to his fellow, even beyond the bounds. They said to him, this one may not go more than its owner's feet.

Kahati

This mishnah is a continuation of the preceding mishnah.

Rabbi Shimon says: He gives them to his fellow - The end of the preceding mishnah teaches that if a person finds tefillin in a field on the Shabbat, and he is afraid to bring them in because of danger, such as that of anti-Jewish decrees, he covers them and goes on his way. If, however, he found bundles of individual tefillin, and he must wait by them for nightfall, but there is danger of being attacked by robbers, he carries them in stages, walking less than four amot at a time. In this mishnah, Rabbi Shimon disagrees in the case of danger from robbers, ruling that one may not carry them less than four amot, but he give the tefillin to his fellow, who is standing within four amot of the first person, and - thus, the tefillin are passed along from - his fellow to his fellow, until he arrives at the outer courtyard - the first one in the town, which is a guarded place. The first Tanna, however holds, that Rabbi Shimon's method widely publicizes the entire matter, because of the many people participating in the chain, and this may lead to the unlearned taking the Shabbat lightly. It is therefore preferable that the preson who finds them should carry them by himself, walking less than four amot at a time, and so also his son - who was born on the Shabbat in the field, he gives him to his fellow, and his fellow to his fellow, even - if it be necessary to transfer him through the hands of - a hundred - people, and this handling agitates the newborn. Rabbi Shimon nevertheless holds that this method is preferable to carrying him less than four amot at a time, lest one carry the infant full four amot. The first Tanna holds also in this case, that he should carry the newborn less than four amot at a time, for the reason explained above. Rambam rules in accordance with both Tannaim, and one may choose his method. He writes: "If he fears to wait by them till nightfall because of robbers, he may take all together and carry them less than four amot at a time or he may give them to his fellow within four amot, and his fellow to his fellow, until he arrives at the outer courtyard" (Hil. Shabbat 19:24).

Rabbi Yehudah says: A person may give a cask - of water, to his fellow - who is within the first person's four amot, and his fellow to his fellow - for each one carries it only within his four amot, and it may be carried in this manner - even beyond the bounds - e.g., if there are people who are spending the Shabbat beyond the bounds, and they need the water, they may pass to them a cask of water in this manner (Rabbi Yonatan of Lunel), the first person passing it to the second, the second to the third, and so on, until it reaches them. The Gemara explains that this refers to case in which the cask and the water are hefker (ownerless), and since Rabbi Yehudah holds that ownerless objects do not establish a Shabbat station, it is permitted to move the cask, even beyond the bounds. Regarding, however, a cask that has an owner, the law is that the beast and vessel are "as the feet of the owner," i.e., they may be carried on a Festival or on the Shabbat only to a place to which their owner may go, and they may therefore not carry the cask beyond the Shabbat bounds of its owner. An ownerless cask, however, may be carried even beyond the bounds, since it has not established it Shabbat station in its place, as explained above.
They said to him - Rabbi Yehudah, this one - the cask, may not go more than its owner's feet - The Gemara explains that this was said by Rabbi Yohanan ben Nuri who holds that ownerless objects establish their Shabbat station in their place. "This one may not go more that its owner's feet," therefore means: just as the cask which has no owner, may go only "as its owner's feet," i.e., 2,000 amot from the place of the owner's Shabbat station, so too, this ownerless cask may go only 2,000 amot from the place of its Shabbat station. The law is in accordance with Rabbi Yehudah (Rambam, Hil. Shabbat 12:17).

ERUVIN: CHAPTER 10: MISHNA 3

If a person was reading in a book on the threshold, and the book rolled from his hand - he may roll it to himself. If a person was reading on the top of a roof and the book rolled from his hand - before it has reached ten tefahs, he may roll it to himself. After it has reached ten tefahs, he turns it on the writing. Rabbi Yehudah says: Even if it is removed from the ground only a needle's thickness - he may roll it to himself. Rabbi Shimon says: Even if on the very ground - he may roll it to himself, for there is nothing because of shevut that withstands the Holy Scriptures.

Kahati

At the time of the mishnah, books were in the shape of scrolls, as our Torah Scroll. This mishnah discusses the case of a scroll on the Shabbat towards the public domain.

If a person was reading in a book - which is rolled as a scroll (see above), on the threshold - he was standing on the threshold of the house, and was reading from a book in his hand, and - while he was reading, one end of - the book rolled from his hand - but the other end remained in his hand, he may roll it - the book, to himself - because it did not fall entirely from his hand, and one end is still in his hand. According to one interpretation (following the opinion of Abbaye in the Gemara), the mishnah refers to a threshold that has the legal status of a karmelit (i.e., it is four tefahs wide, and is more than three, but less than ten tefahs high), and the public domain passes in front of it. The mishnah teaches that even though one end of the scroll rolled from his hand and fell into the public domain, he may, since its other end remained in his hand roll the scroll to himself from the public domain, he may, since its other end remained in his hand, roll the scroll to himself from the public domain to the karmelit, for carryng in from the public domain to the karmelit is only a Rabbinic prohibition, and in such a case, they permitted it because of the honor due to the scroll, to roll it back to himself (Rambam, Rabbi Yonatan of Lunel, Bartenura). A baraita teaches, however, that he may roll it to himself only if it had rolled within four amot, but if it had rolled farther, he turns it on the writing (so that it would not suffer desecration) and leaves it lest it slip from his hand, and carry it four amot in the public domain. (Eruv. 98a; Rambam, Hil. Shabbat 15:21). According to another interpretation (following the opinion of Rabba in the Gemara), this mishnah refers also to a threshold with the legal status of the private domain, e.g., ten tefahs high and four tefahs wide, but many people walk over it. This is called a "trodden-on threshold." The mishnah teaches that if one end of the book rolled into the public domain, then though the threshold is the private domain, but since it is a trodden-on threshold, and we fear lest the book be desecrated, and since the other end of the book remains in his hand, the Sages did not prohibit it and did not fear that it might fall from his hand, and he will carry it in, but permitted him to roll the book to himself (Rabbeinu Asher, Harazah, Tur).

If a person was reading on the top of a roof - on the side facing the public domain (the roof is a private domain), and the book rolled from his hand - into the air space of the public domain, with the other end remaining in his hand, before it has reached ten tefahs - from the ground, which have the legal status of a public domain, he may roll it - the book, to himself. After it has reached ten tefahs - from the ground, he may not roll it t himself from the public domain to the private domain to the private domain, even though its other end is in his hand, but - he turns it - the book, on the writing - with its writing towards the wall, so that it will not be left in a respectful position, and he leaves it there until after the Shabbat. The Gemara explains that this refers to a case in which the wall is inclined, and the end if the book rests in the protruding part of the wall. Therefore, if it is more than ten tefahs above the ground, since this space has the legal status of a makom patur, and not that of a public domain, he may roll the book to himself. If, however, the book rests on the projection of the wall, which is ten or less tefahs above the ground, it has the legal status of resting in the public domain, and therefore he may not roll the book to himself into the private domain. This is not so in the case of the threshold on the first clause, in which they permitted him to roll the book to himself because the threshold is a karmelit (according to the opinion of Abbaye). Or even if it is a private domain (following the opinion of Rabba), but it is a trodden-on threshold, and we fear that the book will be desecrated if he leaves it there and does not roll it back (see above). However, when it rests on the wall, and there is no danger of desecration, then even though one end of the book remains in his hand, the Sages did not permit him to roll it to himself from the public domain to the private domain. He must turn it over on the writing and leave it there.

Rabbi Yehudah says: Even if it - the book, is removed from - i.e., is above, the ground only a needle's thickness - an infinitesimal distance, he may roll it - the book, to himself - because it has not yet come to rest in the public domain. The Gemara explains that this entire mishnah represents the view of Rabbi Yehudah, and the following paragraph is missing: "To what does this apply (that when it reached ten tefahs he turns it on the writing)? To a slaned wall (and the book is resting on the protrusion of the wall). But if it is not a slanted wall, he rolls it to himself; so Rabbi Yehudah, for Rabbi Yehudah says that even if it is removed from the ground only a needle's thickness, he may roll it to himself."
Rabbi Shimon says: Even - if one end of the book fell - on the very ground - of the public domain, he may roll it - the book, to himself - from the public domain to the private domain, for there is nothing - that is forbidden - because of shevut - i.e., by the Rabbinic law only, that withstands the Holy Scriptures - i.e., the duty to honor the Holy Scripture overrides the prohibition of shevut. Therefore, since one end of the book is still in his hand, and it did not fall entirely into the public domain, it is permitted by Torah Law, to bring it back. The Sages however, forbade to bring it back into the private domain, lest he bring it from there after falling entirely from his hand into the public domain. There is therefore only a prohibition of shevut which overridden when Holy Scripture might be desecrated. The halakhah does not follow Rabbi Shimon.

Return to Mishna Yomit Index

Visit the Mishna Yomit Archives