Torah Community Connections

Week 14 - Friday - 3 March 2000

ERUVIN: CHAPTER 5: MISHNA 5

They may not measure except by an expert [mumheh]. If it increased in one place and diminished in another place, they heed the place that increased. If it increased for one and diminished for another, they heed the increased. Even a manservant, even a maidservant, are believed when they say, "up to here are the Shabbat bounds," for the Sages did not decree this to be stringent, but rather to be lenient.

Kehati

They may not measure - the measurement of the Shabbat bounds may not be performed - except by an expert [mumheh] - who possesses expertise in land measurements. Tosafot interpret "mumheh" as deriving from the same root as "and shall strike [u-mahah] upon the slope of the sea of Kinneret" (Num. 34:11), i.e., one measures only in a direct line, and aligned with the settlement.
According to one interpretation, based on Tosafot, in principle, the measurement should be taken from a place from which it is possible to go to the end of the bounds in a straight line, without having to deviate from the line of measurement in order to "absorb" a valley or a fence. If it increased in one place and diminished in another place - the two corners of one direction were measured, i.e., the southeast corner and the northeast corner, and it is found that in one corner the distance is greater than in the other corner, they heed the place that increased - the determination of the bounds are fixed according to the longer distance on the assumption that the measuring rope had not been sufficiently stretched out on the shorter side. Ramban, however, writes that if we have old-established Shabbat bounds, and an expert comes and takes measurements, increasing the bounds in one place and diminishing them in another, we heed him regarding the extended bounds (Hil. Shabbat 28:17). The Gemara explains that they heed him even regarding the place that he increased, and certainly regarding the place that he diminished.

If it increased for one and diminished for another - the Gemara explains that if two experts measured, one after the other, and the bounds determined by one of the experts is greater than those determined by the other, they heed the increased - the bounds of the expert who increased are accepted.
Even a - Canaanite - manservant, even a - Canaanite - maidservant, are believed when they say, "up to here are the Shabbat bounds" - i.e., they say that they saw that the expert so-and-so measured the bounds, and came up to here, for the Sages did not decree this to be stringent, but rather to be lenient - i.e., since the prohibition of going beyond the 2,000 amot of the Shabbat bounds is a Rabbinic prohibition, we are lenient in the determination of the bounds.

ERUVIN: CHAPTER 5: MISHNA 6

A town of an individual and it became of many - they may make an eruv for all of it; but of many and it became of an individual they may not make an eruv for all of it, unless he made outside it as the town of Hadashah in Judea, which has fifty inhabitants; so Rabbi Yehudah. Rabbi Shimon says: Three courtyards of two houses.

Kehati

This mishnah does not deal with eruvei tehumin which is the topic of this chapter, but with the eruv of courtyards or mavoys. (The commentators have difficulty in explaining why it was included in this chapter.) In order to understand this mishnah, a number of rules must first be explained: A town that is surrounded by a wall that is ten tefahs high, and which has doors that can be locked at night, is subject to the same law as a mavoy in which it is permitted to carry on the Shabbat by means of a "partnership" of all its courtyards or mavoys. However, there is a difference between a town owned by an individual who rents his houses to tenants, and that of many owners: in the town of an individual, all the tenants participate in one "partnership," and they are thereby permitted to carry throughout the entire town. In a town of many, however, they do not make an eruv "by partnership" for the entire town, but leave a part of the town without a "partnership," and they make a "partnership" for the rest of the town, and they may then carry throughout the entire town, excluding the part of the town not included in the "partnership." This is done to serve as a reminder that they may carry in this town only by means of the eruv, though many people pass through it and it appears to be a public domain, for they may not carry in the other part in which they did not make a "partnership." Though the inhabitants of the other part of the town may also make a "partnership" for themselves if they are many, they may carry only within their part of the town, and not within the rest of it (Ramban, Hit. Eruvin 5:19-21).
This mishnah deals with a town owned originally by an individual that became a town owned by many people, or vice versa. It also discusses the size of the portion of the town of many owners which must be left outside the "partnership," regarding which the Tannaim disagree.

A town of an individual - i.e., owned by one person who rented its houses to tenants, and - afterwards it became of many - who purchased it from the sole owner, they - all the inhabitants of the town, may make an eruv – eruv hatzerot, for all of it - i.e., all the courtyards join in the "partnership" of the town, as is done in the case of a mavoy, and they may carry in the entire town, just as they used to make an eruv when the town belonged to one owner as explained in the introduction to this mishnah); but - a town which was - of many and it became - the property - of an individual - they may not make an eruv for all of it - for it has its initial legal status, because they did not make an eruv for it when the town was owned by many people, unless he made - i.e., left a section without an eruv - outside it - the town, as the town of Hadashah in Judea, which has fifty inhabitants - a baraita in the Gemara explains: "There was a town in Judea named 'Hadashah,' and it had fifty inhabitants including men, women, and children, and the Sages would set the measure by it, and it was the left-over section," i.e., this town was considered the left-over section of the old city which was next to it; by means of this second town they would make the eruv for the entire old town. This is the law regarding any town of many owners: a portion as large as the town of Hadashah must be omitted, so that all the rest will be included in the eruv. Even if it becomes a town owned by an individual, an eruv may not be made for the entire town, unless a portion is omitted, so Rabbi Yehudah - who holds that an omitted portion of fifty inhabitants, as the size of the town of Hadashah, is required.

Rabbi Shimon says: it is sufficient if the size of the omitted portion is as - Three courtyards -each of which contains - two houses - The law, however, is that it is sufficient to leave one courtyard which contains one house (Ramban, 1. Eruvin 5:20). The Gemara states that even a town of many owners has the legal status of a town of a sole owner, if it has only one entrance, and an eruv may be made for the entire town, without leaving an omitted part. This is the halakhah.

Return to Mishna Yomit Index

Visit the Mishna Yomit Archives