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Week 39 - Thursday - 24 August 2000

BETZAH: CHAPTER 5: MISHNAH 3

The animal and the utensils are as the owner's feet. If one gives over his animal to his son or to the shepherd, they are as the owner's feet. Utensils which are for the particular use of one of the brothers in the house are as his feet; and those that are not for his particular use may go where they may walk.

Kehati

The law forbidding one to go beyond the tehum (limits) of the city in which one is staying applies equally to Shabbat and Yom Tov, it being forbidden to go more than 2000 cubits beyond the place of one's Sabbath or Yom Tov station. If a person has to go beyond that distance on Yom Tov, he makes an eruv tehumim before Yom Tov, within or at the limit of his tehum placing there food for two meals. By doing so, he fixes his station before Yom Tov and he may walk on Yom Tov 2000 cubits in any direction from that place (see our introduction to Tractate Eruvin). The mishnahs from here until the end of this Tractate, deal with the laws of the tehum on Yom Tov, and teach that a person's possessions may not be taken beyond the point where he himself is permitted to go, just as on Shabbat. Thus, Rambam writes: "One who makes an eruv tehumim for Yom Tov, his animal and utensils and produce are as restricted as he, and one may take them only within 2000 cubits in every direction form the place of his eruv" (Hil. Yom Tov 5:9).

The animal and the utensils are as the owner's feet - no possessions of a person may be taken beyond the place where their owner himself can go, thus, If one gives over his animal to his son or to the shepherd - on Yom Tov, they are as the owner's feet - and not as the feet of his son or his shepherd. Accordingly, if the owner did not make an eruv and his son or shepherd did make one to the east of the city at the edge of the 2000 cubit perimeter, thus enabling the son or shepherd to move for 4000 cubits east of the city, the animal can nevertheless only be brought 2000 cubits to the east, which is the tehum of its owner. The Gemara explains that the mishnah refers to a city where there are two or more shepherds, and it is not known to whom the person will turn his animal over to on Yom Tov. If, however, there is only one shepherd in the city, even though the person only handed his animal over on Yom Tov, the animal has the tehum of the shepherd, since all the people in the city hand their cattle over to that shepherd and expect him to take their animals where he himself is able to go on Yom Tov, and this person, no doubt, also planned before Yom Tov to hand his animal over to this shepherd on Yom Tov (Rashi; Bartenura; and see R. Nissim and Rambam, who explain this differently).

Utensils which are for the particular use of one of the brothers in the house - such as clothes, are as his feet - and if another brother wears them, he may only go where the brother whose clothes he is wearing may go, and those that are not for his particular use - but belong to all the brothers, may go where they may walk - the brothers may wear or take these things only to a place where all of them may go. If one made an eruv at the northern limit of the tehum, and the others did not, his action prevents the other brothers from taking this object even a single pace to the south, because of his part-ownership, while they prevent him from taking it beyond 2000 cubits to the north, where they are permitted to go (Rashi).

BETZAH: CHAPTER 5: MISHNAH 4

If one borrows a utensil from his friend before Yom Tov, it is as the feet of the borrower; on Yom Tov - as the feet of the lender. If a woman borrowed from her friend spices and water and salt for her dough, they are as the feet of both. R. Yehudah exempts the water, because there is nothing substantial in it.

Kehati

If one borrows a utensil from his friend before Yom Tov - even if the item was not handed over before Yom Tov (Gemara), it is as the feet of the borrower - and may be taken on Yom Tov wherever the borrower may go, because at the onset of the festival the borrower's Yom Tov Station included the item. On Yom Tov - but if a person borrows a utensil on Yom Tov, it is as the feet of the lender - because at the onset of the festival it was included in its owner's station. The Gemara explains that even if the borrower was accustomed to borrow this particular utensil for each Yom Tov, it is nevertheless as the feet of the lender if he does not come to ask for it before Yom Tov, for the owner presumed that he borrowed one from someone else, and therefore did not assign it to the borrower.

If a woman borrowed from her friend - on Yom Tov, spices - for cooking, and water and salt for her dough, they - the dish she cooks or the dough she bakes, are as the feet of both - and can only be taken to a place where both women are permitted to go, because each woman has a share in the dish or the baked dough.

R. Yehudah exempts the water - the lender's status does not effect the dish, because there is nothing substantial in it - because the water is not discernible in the dough or in a thick dish. Thus the loan of water does not restrain the borrower from taking the dough or dish to wherever she may go. In regard to salt, though, there is not dispute between R. Yehudah and the Sages, for this case refers to coarse salt, which is discernible and is of a substantial nature. The halakhah is not in accordance with R. Yehudah.

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