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Week 39 - Friday - 25 August 2000

BETZAH: CHAPTER 5: MISHNAH 5

A live coal is as the feet of the owner, but a flame, everywhere. A live coal of Temple property is subject to me'ilah and a flame may not be used, but one does not commit sacrilege. One who takes out a live coal into the public domain, is liable, but a flame - is exempt. The well of an individual is as the feet of the individual, and of the people of that city as the feet of the people of that city, and of those who ascended from Babylon as the feet of the one who draws.

Kehati

A live coal is as the feet of the owner - One who takes a live coal from his fellow on Yom Tov may only take it where the owner of the coal may go on Yom Tov, but a flame, everywhere - a person who lit his candle from another person's fire, may take it wherever he is permitted to go, because a flame has no substance. A live coal of Temple property is subject to me'ilah - if a person makes use of it, he commits sacrilege, and must bring an asham me'ilot sacrifice, and a flame - of the Temple, may be used - it is forbidden by Rabbinic law, but one does not commit sacrilege - but having used it, he has not committed sacrilege, and does not need to bring a me'ilah sacrifice.

One who takes out a live coal into the public domain - on the Sabbath, is liable - for carrying from one domain to another, but a flame - if one takes a flame out into the public domain by pushing or blowing it into the public domain, he is exempt - because the flame has no substance. Some commentators omit this statement from this mishnah (Rif; Rosh; Hameiri).

The well of an individual - a private water well is as the feet of the individual - the water may only be taken where the owner is permitted to go, And of the people of that city - a city water well is as the feet of the people of that city - and the water may only be taken up to 2000 cubits in any direction from the borders of the city (Rashi; Bartenura.) (As to the case of one of the inhabitants of the city having made an eruv, see Tosefot Yom Tov, who cites various views); and of those who ascended from Babylon - the wells dug by the pilgrims from Babylon for wayfarers, as the feet of the one who draws - water from them, and anyone drawing water from such a well may take it wherever he is permitted to go, because the water is ownerless, and whoever draws it from the well acquires it, and anyone borrowing from him the water may take it only where the one who drew it may go, for the Tanna of this mishnah holds that "there is bereirah" (see above, mishnah 4:7), i.e., that it is verified retrospectively that the water drawn by this person on Yom Tov was included in his Yom Tov station (Rashi); and this Tanna does not agree with R. Yohanan ben Nuri who says that ownerless things fix their own station where they are (see Eruv. 4:5).

BETZAH: CHAPTER 5: MISHNAH 6

If one had produce in another city, and the people of that city made an eruv to bring him of his produce, they may not bring it to him; but if he made an eruv, his produce is as himself.

Kehati

If one had produce in another city - farther than 2000 cubits from his home so that he can only get his produce on Yom Tov by means of an eruv tehumim, and the people of that city made an eruv to bring him of his produce, they may not bring it to him - another version reads, "And the people of that city made an eruv to come to him, they may not bring him of his produce (Hagahot HaBah on the Gemara; Rif, Rosh, Rambam), i.e., even though the people of that city made an eruv to come to this man, they are not permitted to bring him any of his produce, because his produce is as his feet, and he did not make an eruv permitting him to go to where the produce is.

But if he made an eruv - if the owner of the produce made an eruv to come to the city where his produce was, his produce is as himself - and he may bring of his produce. The Gemara states that this mishnah refers to a case of a person who put the produce aside in a specific corner, so that the bailee did not vouch for its safety. If, however, it was not put in a specific corner, the produce is as the feet of the guardian.

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