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Week 15 - Friday - 10 March 2000

ERUVIN: CHAPTER 6: MISHNA 10

If one from the outer forgot and did not make an eruv – the inner is permitted and the outer is prohibited; from the inner and he did not make an eruv – both of them are prohibited. If they put their eruv in one place, and one forgot, whether from the inner or from the outer, and he did not make an eruv – both of them are prohibited; and if they belonged to individuals – they do not need to make an eruv.

Kahati

Continuing on the subject of the preceding mishnah, this one teaches further rules regarding two courtyards, one of which is within the other.

If - the inner courtyard made an eruv for itself and the outer courtyard made an eruv for itself, and - one from the outer forgot and did not make an eruv - did not contribute to the eruv, the inner is permitted and the outer is prohibited – for it is regarded as if the outer one had not made an eruv at all. If one person - from the inner courtyard forgot, and he did not make an eruv – with the inhabitants of his courtyard, both of them are prohibited – it is as if the inner one had not made an eruv at all. Since it constitutes "a foot that is prohibited in its own place," it prohibits also in another place (following the opinion of the First Tanna in the preceding mishnah), i.e., on account of the right-of-way that the inner courtyard has in the outer one, it restricts also the outer one.

If they put their eruv in one place – the two of them made an eruv with each other, and have become as one courtyard. The Gemara explains that the "one place" is in the other courtyard, and it is called "one place" because both courtyards use it jointly, and one forgot, whether from the inner or from the outer, and he did not make an eruv – both of them are prohibited – even if a resident of the outer courtyard forgot, the inhabitants of the inner one are also prohibited from carrying in their courtyard; since the eruv has been place in the outer one, the inner one may not disengage itself from it, in order to carry on its own courtyard. If, however, the eruv> has been placed in the inner courtyard and one of them forgot, the two are prohibited only if it was a person from the inner one, for the inner one restricts the outer one on account of its right of passage. If, however, the one who forgot is from the outer courtyard, the outer courtyard is restricted , but the inner on is permitted because it may close its gate to the outer one, and use its courtyard independently, since the eruv has been placed on it. If, however, the person who forgot, renounced his rights in favor of the other inhabitants of his courtyard, both of them are permitted, but this mishnah is not dealing with this law, and if they belonged to individuals – only one person dwells in each courtyard, they do not need to make an eruv – with each other, for each one may carry in his courtyard, for all of it is his domain. If follows that the inhabitants of the inner courtyard does not restrict the inhabitant of the outer courtyard, for the foot that is permitted in its own place does not prohibit in another place, following the opinion of the First Tanna in the preceding mishnah, which is the law (see the end of the preceding mishnah).

ERUVIN: CHAPTER 7: MISHNA 1

A window between two courtyards, four by four, within ten – they make two eruvs, and if they wish, they make one eruv; less than four by four, or above ten – they make two eruvs and they do not make one eruv.

Kahati

The first five mishnayot in this chapter deal with the case of two adjoining coutyards, and teach in which instances only one eruv need be made for them.

If there is – A window – in the wall - between two courtyards - which is at least - four by four - tefahs, within ten – tefahs of the ground. The Gemara explains that this is the law even if only a part of the window is within ten tefahs of the ground, they make two eruvs –each courtyard makes an eruv hatzerot for itself, and they may not carry from one courtyard to the other; and if they – the inhabitants of these two courtyards wish – to make an eruv they make one eruv – the people of one courtyard should put their eruv in the other courtyard, and all will have the legal status of the inhabitants of one courtyard, and they may carry from one courtyard to the other, because a window that is "four by four within ten" is like a doorway, since it is possible to pass through it, and it joins the two courtyards, and makes them fit for one eruv. But if the window is - less than four by four – tefahs is not like a doorway, because one cannot pass through from one courtyard to the other, or – the window in the wall is - above ten – tefahs, and cannot be used conveniently. And furthermore, a wall that is ten tefahs high constitutes a division between the two courtyards (Hameiri), they make two eruvs – each courtyard makes its own eruv, and they do not make one eruv – they may not make one eruv for the two courtyards. The Gemara states that two houses that have a window between them may make one eruv, even if it is higher than ten tefahs because they place tall vessels next to the window, and it is possible to go up on them and to make use of the window easily. Therefore, it has the legal status of a doorway, and if they wish, they may make one eruv.

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