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Week 17 - Monday - 20 March 2000

ERUVIN: CHAPTER 8: MISHNA 9

If a courtyard is less that four amot, one may not pour out water into it on Shabbat, unless they made for it a pit holding two se'ehs from the hole downwards, whether on the outside or on the inside. However, on the outside he must cover it, on the inside he need not cover it.

Kahati

After the preceding mishnayot discussed the drawing of water on the Shabbat, the current mishnah teaches the law regarding the pouring out of water on the Shabbat into a courtyard, with the water subsequently going out from the courtyard into the public domain. If the area of this courtyard is four amot by four amot (16 square amot), a person may pour out into it waste water on the Shabbat, because the Sages estimated that in a courtyard of this size all the water that an average person uses during the entire day, is absorbed, and the water will not flow into the public domain; and even if the water does flow into the public domain, no prohibition has been violated, since this was not the intention of the person who poured out the water. This mishnah discusses the law regarding a courtyard smaller than four by four amot.

If a courtyard is less that four amot - by four amot, i.e., less than sixteen square amot, one may not pour out water into it on Shabbat - because in a small courtyard such as this water is not absorbed into the earth and flows out into the public domain , and it is regarded as if the water had been poured out into the public domain by the person's direct action (Rambam), or because we fear that in order to save his courtyard he will pour out the water into the public domain (Rabbi Yonantan of Lunel). The Sages therefore decreed that it is forbidden to pour out the water into a courtyard of this size in the Shabbat - unless they made for it a pit - in the ground, where the water will collect, holding two se'ehs - of water, which is 12 kavs (approx. 26 liters), for the Sages estimated that the two se'ahs of water cover the normal daily requirements of a person. If the pit holds two se'ahs, we no longer fear that there will be an overflow of the waste water spilling out into the public domain. Rambam writes that the dimensions for holding two se'ahs are ½ amah by ½ amah by 3/5 amah, from the hole downwards - it was the practice to make a hole on the rim of the pit as an overflow outlet in the public domain. This mishnah teaches that the capacity of the pit, below the hole, must be of two se'ahs, whether - he made the pit - on the outside - i.e., in the public domain, close to the courtyard gate; the person would pour out the water next to the gate, and it would descend from there to the pit, for the pit is not a public domain but a makom patur (Hameiri), or - he made the pit - on the inside - within the courtyard. However - if he made it - on the outside - of the courtyard, he must cover it - the pit, for he might make the pit four tefahs by four tefahs by three tefahs, in which case it would be a karmelit, or he might make it less then three tefahs high, and it will have the legal status of a public domain. However, if he covers it, it acquires the legal status of a cavity in a private domain or as a makom patur (Hameiri). According to Rambam, this must be done for appeaerance's sake, i.e., that the pit should not appear to be a public domain; but if he made the pit - on the inside - within the courtyard, he need not cover it - since it is a private domain.

ERUVIN: CHAPTER 8: MISHNAH 10

Rabbi Eliezer ben Yaakov says: If a drain is covered four amot in the public domain, one may pour into it water on the Shabbat. And the Sages say: Even if a roof or a courtyard be one hundred amot - one may not pour into the mouth of the drain, but one may pour from roof to roof, and the water flows down into the drain. The courtyard and the portico join together to four amot.

Kahati

Continuing the subject of the preceding mishnah, this mishnah teaches further laws regarding the pouring of waste water into the courtyard on the Shabbat.

Rabbi Eliezer ben Yaakov says: If a drain - a channel for waste water opened in the courtyard, through which the water flows from the courtyard to the public domain, is covered four amot in the public domain - i.e., the drain continues into the public domain, where it is covered for four amot and it is also four amot wide (Rabbeinu Asher, following Rashi); as the preceding mishnah taught, an area of four amot by four amot is capable of absorbing the two se'ahs of water which suffices to cover a day's needs of a person, one may pour into it water on the Shabbat - because the water is absorbed in the covered drain (which has the legal status of an extension of the courtyard), and does not go out into the public domain; and even if the water goes out into the public domain, it is permitted, because the person who pours out the water does not intend this (see Rashi).

And the Sages say: Even if a roof or a courtyard be one hundred amot - and the drain passes through this area of one hundred amot, one may not pour directly into the mouth of - the drain - because the water flows in the drain and goes out to the public domain as a direct result of his action, and thus he reveals that it is convenient for him that the water should be poured outside the courtyard, and that this was his intention (Hameiri). According to another explanation, the Sages enacted this prohibition lest a person seeing this would say that he poured out the water close to its outlet to the public domain. Similarly, the Gemara states, "lest they say, 'The gutter of so-and-so pours forth water on the Shabbat," but one may pour from roof to roof - the version of most of most of the commentators reads, "but he may pour to the roof" (or, "on the roof"), i.e., he may pour on the Shabbat on the roof, or in the courtyard, but not into the drain, and the water flows down - by itself - into the drain - In the case of the pit of the preceding mishnah, the Sages do not disagree, because it is deep; the water collects in it, and odes not run out immediately (see Tosefot Yom Tov, who discusses this matter at length). The authorities differ as to the halakhah:Rambam rules in accordance with the Sages (Hil. Shabbat 15:18), while Rabbeinu Asher and the Tur rule in accordance with Rabbi Eliezer ben Ya'akov, because his teaching is small in quantity, but well-sifted (i.e., excellent). The courtyard and the portico join together to four amot - this sentence refers to the law taught in the preceding mishnah: "If a courtyard is less than four amot, one may not pour out water into it on Shabbat, unless they made for it a pit". The current mishnah teaches that if the courtyard together with the portico (covered structure of columns in front of the house) have a total area of four amot by four amot, then they join together, and one may pour out water in this courtyard on the Shabbat, and need not make a pit in it.

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