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Week 17 - Thursday - 23 March 2000

ERUVIN: CHAPTER 9 : MISHNA 4

If a person builds an upper chamber on top of two houses, and similarly bridges that have thoroughfares, one may carry under them on the Shabbat; so Rabbi Yehudah. But the Sages prohibit. And Rabbi Yehudah further said: One may make an eruv for a mavoy that is a thoroughfare. But the Sages prohibit.

Kahati

If a person builds an upper chamber on top of two houses - situated on opposite sides of the public domain, and similarly bridges that have thoroughfares - that pass under them, and they have two complete partitions, on the two sides, one may carry under them - under the upper chamber and the bridges, on the Shabbat; so Rabbi Yehudah. - The Gemara explains his reasoning: since there are two partitions, we say, " the edge of the ceiling in either side is deemed to descend and close up, "i.e., we consider the edges of the ceiling on the two open sides as if they descended and close up these sides, thus closing the space on all four sides.
But the Sages prohibit - they hld that since they are open on both sides we do not say, "the edge of the ceiling on either side descends and closes up."
And Rabbi Yehudah further said: One may make an eruv - even - for a mavoy that is a thoroughfare - a mavoy that has only two partitions, and is pen on the other sides, placing a beam or a post on either side of it, and making a shituf of a mavoy, and one may carry in it. Though it is not roofed over, and we cannot apply the principle of "edge of the ceiling descends and closes us," its status, by Torah law, is that of the private domain, since it has two partitions. But the Sages prohibit - the making of an eruv for a thoroughfare mavoy, for since it has only two partitions, a beam or a post on the two other sides is not effective to permit carrying within it by means of a shituf of a mavoy. Rather, at one end a person must make a structure in the shape f a doorway, and thereby it is deemed to have three partitions; it can then be made fit by a beam or by a post on its fourth side. This is the halakhah.

ERUVIN: CHAPTER 10 : MISHNA 1

If a person finds tefillin, he may carry them in, pair by pair. Rabban Gamliel says: Two by two. To what does this apply? To old ones. But if they are new ones, he is exempt. If he found them in sets or in bundles - he waits by them till nightfall, and he brings them in. And in danger - he covers them and he goes on his way.

Kahati

This, the last chapter of the Tractate, deals with various laws which complement the Tractates of Shabbat and Eruvin.

If a person finds tefillin - on the Shabbat, in an unguarded place and it is feared that they might be desecrated there, he may carry them in - to a guarded place, pair by pair - i.e., he puts the tefillin of the head on his head, and the tefillin of the hand on his arm, as one does on a weekday. Then he goes in and removes them, and he returns to put on a second pair of tefillin, and returns and removes them, until he brings them all in this manner.
Rabban Gamliel says: Two by two - he brings in two pairs of tefillin at a time, i.e., he places two on his head and two on his arm. The Gemara explains the reasoning of the disagreement: in the view of the first Tanna, tefillin are to be put on, on the Shabbat, but the Sages prohibited it,lest the person cary it in his hand if the strap breaks. In this case, in order to save the tefillin, the Sages were lenient, and permitted the person who finds them to carry them in by putting them on. But one may carry only one pair in this manner, for the Shabbat is a time for putting on tefillin, and if he were to put on more than one pair in this manner, for the Shabbat is a time for putting on tefillin, and if he were to put on more than one pair ar a time, he would transgress the prohibition of "you shall not add," and he would then not be carrying them the way they are worn, and they are reguarded as a load which is prohibited on Shabbat (see mishnah Shab., chapter 6) Rabban Gamliel, on the other hand, holds that the Shabbat is not a proper time for putting on tefillin, and it was only for the purpose of saving then that the Sages permitted to carry them in on the Shabbat by putting them on, for this is the way they are worn, and even if one puts on two pairs at a time, they are regarded as being worn, for the Sages said, There is room on the head to put on two tefillin, and so also on the arm.

To what does this apply? - that the person who finds tefillin on the Shabbat may carry tehm in wearing them? To - the case of the person who finds - old ones - tefillin. The Gemara explains that there have straps, are tied with the knot of tefillin, and are undoubtedly tefillin. It is therefore prohibited to leave them in an improper place, and the person who finds them on the Shabbat must take them in (in the manner taught above). But if they- the tefillin that were found - are new ones - i.e., the cases with no straps in them , or they have straps in them, but they are not tied with tefillin knot - he is exempt - from bringing them in on the Shabbat because they may not be tefillin, but merely amulets made in the shape of tefillin and tefillin possess sanctity only when they are made accrding to regulations and specify for the purpose of tefillin. According to one opinion, it is prohibited to bring them in on the Shabbat (a baraita in the Gemara, Tosafot). If he found them in sets - many pairs of tefillin, each pair, of the head and of the arm, tied separately, or in bundles - odd mixed tefillin tied together, he waits by them - there - till nightfall, and he brings them in - after Shabbat. Since there are many of them, he will not succeed in bringing them all in, pair by pair, before nightfall, and he would have to bring some in after nightfall, it is not permitted to violate the Shabbat for them, but it is perferable to wait there till nightfall and bring in all of them together. And in - a time of - danger - when authorities prohibit Jews from putting on tefillin, and he is afraid to bring them in, lest non-Jews will see this and he will endanger himself, he covers them - with straw or stubble, so that they will not be in an improper condition, and he goes on his way - The Gemara states that the following must be added to this mishnah: When does this apply? When the danger is from non-Jews (i.e., during a time of anti-Jewish persecutions), but if the person fears to linger there, lest robbers attack him, he brings them all in together in small stages, walking less than four amot at a time, resting between the stages.

The following points will contribute towards a fuller understanding of the mishnah: 1) The law is that the Shabbat is not a proper time for putting on tefillin, as it is written, "And it shall be a sign to you" (Ex. 13:9) - meaning, on the days that require a sign, excluding Shabbatot and Festivals, which do not require a sign. Nevertheless, the law is in pair (see Tosefot Yom Tov, who has difficulty in resolving these two contradictory laws). According to one explanation, the reason for this hatat (sin-offering) sacrifices because he does this wearing it as part of them (Hemeiri). However, one may bring them in only one pair at a time, in the manner that he wears them on a weekday (Maharsha). Others explain that even though the Sages said: there is room on the head to put on two tefillin, two pairs may not be brought in because we lack the expertise to position them exactly, and if a person places them wrongly, it is regarded as a load. One may therefore bring them in only one pair at a time (Magen Avraham). According to Turei Zahav, it is doubtful whether there is room on the head to place two tefillin. 2) We have followed the Rambam's interpretation of "old" and "new" tefillin. In Bartenura's view "old" tefillin are those on which the know in their straps is noticeable, though it is not knotted at present and the person who finds such tefillin may bring them in by putting them on, for, this is also regarded as wearing them. Alternatively, he may tie a temporary knot, such as a loop (Tosafot). According to another opinion, a loop is invalid for tefillin, and if the straps are not tied with a knot, the tefillin are unfit. According to this interpretation, the prohibition of bringing on new ones is not because they might be amulets, for a person will not trouble himself to make an amulet in the form of tefillin, but because the straps are not tied, and he may therefore not bring them in wearing them because it is prohibited to tie the knot of tefillin on the Shabbat, and putting on unfit tefillin is not considered wearing but carrying a load. However, he waits by them tillnightfall if there is no danger due to anti-Jewish decrees or from robbers, so as to treat this holy object with due respect (Ravad).

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