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Week 18 - Monday - 27 March 2000

ERUVIN: CHAPTER 10: MISHNA 8

A tree that overshadows the ground, if its boughs are less than three tefahs from the ground - one may carry under it. If its roots are three tefahs from the ground - one may not sit on them. The door in the muktzeh and the thorns in the breach, or mattings - one may not close with them, unless the are raised from the ground.

Kahati

A tree that overshadows the ground - whose branches spread out in all directions and hang over the surrounding ground, as a tent, if its boughs are less than three tefahs from the ground - i.e., the tops of its boughs reach down to less than three tefahs from the ground, one may carry under it - on the Shabbat, even if it stands in the public domain, for the tips of its boughs are regarded as if they were attached to the ground. Whatever is less than three tefahs is considered as if is were attached to it were lavud (joined), and the height of the boughs where they are attached to the tree, or half-way down, is presumably at least ten tefahs. They are as partitions, and all the area over which they hang is a private domain. The Gemara explains that this refers to a case in which the spaces between the boughs are filled with wood, stubble, or the like, and the boughs are tied so that they do not sway in an average wind - for a partition that cannot withstand an average wind is not a valid partition - (Suk. 24b). The Gemara further states that if the overshadowed area exceeds bet sa'atayim (5,000 square amot), one may carry in it only within four amot. This is because it is not an enclosure for a dwelling, for it is fit only for a shelter for the watchman of the fields or for taking fresh air there. One may not carry in an enclosure made for purposes other than dwelling, if its area exceeds that of bet sa'atayim (Eruv. 99b and pasim).

If its roots are three tefahs from the ground - i.e., the roots of the tree jut out from the ground three tefahs, one may not sit on them - on the Shabbat. The Sages prohibited making use of a tree on the Shabbat, e.g., climbing it or leaning on it, for fear that e might pluck a shoot on the Shabbat. So too, these roots, since they are not three tefahs above the ground, have the legal status of the tree itself. If, however, they are not three tefahs high, they have the legal status of the ground, and one may sit upon them. The door in the muktzeh - an area designated for a certain purpose such as a rear-yard where produce, wood, etc. is stored and which had no proper hinged door, but which is closed by a propped up board and opened by lowering it to the ground, and the thorns - which are tied together and are - in - are used to stop up, the breach - in the fence of the courtyard (the word hadakim [thorns] in Prov. 15:19 kemeshukhat hedek) and reed - or mattings - one may not close with them - on the Shabbat. Since they do not have the form of a dooor, closing with them has the appearance of adding to the building on the Shabbat, unless the are raised - somewhat - from the ground - for then it is noticeable that they are intended for stopping up the opening, and this does not have the appearance of building. Rabbeinu Hananel interprets "unless they are raised from the ground" to mean that they do not touch the ground when they stop up the opening, as when they are suspended from a rope. If they are not and they touch the ground, they make a groove in the earth when closing with them.

ERUVIN: CHAPTER 10: MISHNA 9

A person may not stand in the private domain and open in the public domain, in the public domain and take a key lying in the private domain and open in the private domain, unless he made a partition ten tefahs high; so Rabbi Meir. They said to him, It once happened in the fatteners' market in Jerusalem, that they used to lock up and place the key in the window above the door. Rabbi Yose says: It was a wool-dealers' market.

Kahati

A person may not stand in the private domain - and take a key lying in the public domain, and open in the public domain - on the Shabbat, extending his hand through a window of his house and taking a key lying in a hole in the public domain, to open with it a lock on the outside, in the public domain. Even though the lock is not four amot distant from the place of the key, this is prohibited, lest he forget and carry the key into the private domain. Similarly, a man may not stand - in the public domain and take a key lying in the private domain, And open in the private domain - e.g., the key is in a place that is ten tefahs high, with a surface of four tefahs by four. Even if the key is close to the lock, in a place that has the legal status of a private domain, or it is lying higher than ten tefahs in a makom patur, one may not stand in the public domain and take the key from there on the Shabbat and open with it the lock. He may forget and bring the key from the private domain into the public domain. unless he made a partition ten tefahs high - and he stands within it. Thus, he is standing in the private domain and opens in the private domain, i.e., this clause refers only to the latter section of the mishnah. This is Rashi's interpretation. According however, to Rabbi Yonantan of Lunel, it also refers to the first section of the mishnah, i.e., if the person is standing in the private domain and the key and the lock are in the public domain, close to the place of the key and the lock, and thus he is standing in the private domain and he opens in the private domain; so Rabbi Meir - who disagrees with the ruling that the ruling that "A man may stand in the private domain and move an object in the private domain" (10:4, above; see the explanation, ibid.) They - the Sages, said to him - to Rabbi Meir, It once happened in the fatteners' - the people who fattened cattle and fowl for sale, market in Jerusalem, that they used to lock up - their stores, on the Shabbat, and place the key in the window above the door - which is a private domain, even though they were standing in the marketplace.

Rabbi Yose says: It was a wool-dealers' market - Rabbi Yose does not disagree regarding the law, but only regarding the facts. The Gemara explains that the market in Jerusalem is not a public domain, but rather a karmelit, because Jerusalem was surrounded by a wall, and its gates were locked at night. The mishnah is incomplete, and the following must be added to Rabbi Meir's statement: "And similarly, one may not stand in a private domain and open in a karmelit (such as the gates of the garden), in a karmelit and open in the private domain, unless he made a partition ten tefahs high." Thereupon, the Sages said to him: It is a fact that in Jerusalem, which has the legal status of a karmelit, the fatteners' (or the wool-dealer) used to stand in the marketplace and lock their shops on the Shabbat and leave the key on the window above the door, and this practice contradicts your opinion regarding the karmelit. Indeed, regarding the karmelit (as stated in the Gemara), Rabbi Meir accepted the objection. The Sages, however, disagree with him also regarding the public domain. They hold that a person may stand in the private domain and open in the public domain, or stand in the public domain and open in the private, for since he needs the key only to open and close with it, and put it in its place, we do not fear that he might bring it into the domain where he is standing (see 10:4, above).

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