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Week 18 - Sunday - 26 March 2000

ERUVIN: CHAPTER 10 : MISHNA 6

A man may not stand in the private domain and drink in the public domain, in the public domain and drink in the private domain, unless he puts his head and most of him into the place where he drinks. Similarly, in the case of a vat. A man may catch from the gutter below ten tefahs and from the upper spout - he may drink in any manner.

Kahati

A man may not stand - on the Shabbat, in the private domain and drink in the public domain, or - in the public domain and drink in the private domain unless he puts his head and most of him - the greater part of his body, into the place where he drinks - The Gemara explains that this applies when a person drinks from vessels which he needs. The Sages forbade it lest he bring them into the domain where he is. But, when drinking from vessels that he does not require, he need put out only his head into the place where he drinks (Rambam). According to Rashi, the Gemara is concerned not with the vessels from which he drinks but rather with the liquid. Since he requires the liquid, the Sages forbade it fearing that he might carry them into the domain where he is. On may therefore not stand in one domain and drink in another, unless he puts his head and the greater part of his body into the place where he drinks.

Similarly, in the case of a vat - the Gemara explains that this clause does not refer to the laws of Shabbat but to that of ma'aser, i.e., that if a person puts his head and the greater part of his body into the vat, he may drink wine there without having to separate ma'aser from it. This is because drinking in a vat is regarded as occasional. Likewise, it has been taught, "They may drink from the vat - and be exempt (from separating ma'aser)" (Maas. 4:4). If however, a person drinks outside the vat, he must separate ma'aser, for this is considered a regular drinking. This then is the meaning of "And similarly in the case of a vat" - A man may not stand outside the vat and drink in the vat unless he puts in his head and the greater part of his body, for the Sages feared that he might otherwise carry out wine from the vat, and drink tevel.
A man may catch - rainwater in the public domain - from the gutter - the drain pipe coming down the roof along the wall, through which the rainwater runs off, below ten tefahs - i.e., a person standing in the public domain may collect in his hands or in a vessel the water from the gutter, when the water is in the airspace of the public domain, less than ten tefahs from the ground, for the air space at this level is public domain. According to Hameiri, "Even below ten tefahs, where it is a makom patur. The Gemara explains that he may catch the water only in the air, but he may not hold his hands, mouth or a vessel, to the putter for we are dealing with a gutter that is closer than three tefahs to the roof. Therefore, it has the status of the roof, which is a private domain. Consequently, if he holds his hand, mouth, or a vessel to the gutter, he receives water from the private domain and is bringing it into the public domain where he is standing. and from the upper spout - that comes down from the roof into the public domain. Since its mouth extends three of four tefahs from the roof, and a normal spout does not have an area of four tefahs by four tefahs, and therefore it is not an independent domain, he may drink in any manner - i.e., whether he catches the water in mid air or holds his hand, etc. to the drainpipe to receive the water from it on the Shabbat.

This is because the spout is a makom patur, and it is immaterial whether it is below or above ten tefahs, for whatever is three tefahs distant from the roof and is less that four tefahs wide, whether below or above ten tefahs, is a makom patur (Hameiri). If however, it has an area of four tefahs by four tefahs, he may not hold his hands, mouth or vessel closer than three tefahs to the drainpipe, for it then has the legal status of a private domain, and it follows that he would be bringing water from the private domain into the public domain. According to another opinion, even when the sprout is less than four tefahs wide, he may join only if it is below ten tefahs for in such a case it has the legal status of a karmelit even if is four tefahs by four tefahs. If, however, it is higher than ten tefahs, and it were four tefahs by four tefahs, its legal status would be that of the private domain and it would be forbidden to drink from it. The Sages forbade, as a precautionary measure, drinking from it direct even if it is not four tefahs by four tefahs (Rashi, Tur, Bet Yosef). Based on this opinion, the commentators explain that the first section of the mishnah states "below ten tefahs" only on account of the spout, to teach that one may drink direct from it only when it is below ten tefahs. However, catching in mid air the water that comes from the gutter is permitted even when above ten tefahs. There are also other versions of this mishnah (Rabbi Yonatan of Lunel on R, Yitzhak Alfasi, Melekhet Shelomo).

This mishnah distinguishes between a gutter and a spout only because the Sages spoke in terms of actual conditions, and a normal gutter is close to the roof, and a normal spout protrudes from the roof three tefahs. If, however, a gutter protrudes from the roof three tefahs(Tosefot Yom Tov).

ERUVIN: CHAPTER 10 : MISHNA 7

A cistern in the public domain and its bank it ten tefahs high. If there is a window above it, one may draw from it on Shabbat. A rubbish heap in the public domain ten tefahs high. If there is a window above it, one may pour into it water on the Shabbat.

Kahati

A cistern in the public domain and its bank it ten tefahs high - when a cistern is dug, the excavated earth is piled up around it to form an embankment. The mishnah teaches that if the surrounding bank of the cistern in the public domain is ten tefahs high and - If there is a window - in the wall of the house - above it - above this bank, one may draw - water, from it - through the window, on Shabbat - because both the window and the cistern are the private domain. The Gemara explains the mishnah in two ways: 1) the mishnah teaches that if the cistern is four tefahs distant from the wall, and the bank of the cistern is ten tefahs high, one may draw water from the cistern through the window. This is because the water is being brought from one private domain to another through a makom patur - for the air space of a public domain more than ten tefahs above the ground is a makom patur. If however, the bank is less than ten tefahs high, one may not draw from the cistern, for one is carrying in from one private domain to another through the air space of a public domain. 2) the mishnah teaches that if the cistern is less than four tefahs from the wall, the depth if the cistern and the height of the embankment may be combined to calculate the ten tefahs, i.e., even if the cistern itself is not ten tefahs deep, but its embankment completes the ten tefahs it has the legal status of a private domain (as in Shab. 11:2), and one may draw water from it on the Shabbat through the window, since less than four tefahs separate the cistern from the wall, and this space is a makom patur. Therefore, the water is transferred from one private domain to another, through a makom patur.

And similarly, - A rubbish heap in the public domain ten tefahs high - which is a private domain, If there is a window above it, one may pour into it water on the Shabbat - through the window above the rubbish heap, for they are carrying out from one private domain to another, through a makom patur, as in the case regarding the cistern (see above). The Gemara states that one may pour water only into a public rubbish heap through a window, on the Shabbat, because it is not likely to be removed from there. It is prohibited, however, to pour water through the window on the Shabbat into a private rubbish heap for it might be removed. The place will then require the status of a public domain, and by force of habit, the person will inadvertently continue to pour out the water there, and will be carrying from the private into the public domain.

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