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CONTENTS

Chapter 1 A movoy that is higher

Chapter 2 Boards are set up

Chapter 3 One may prepare

Chapter 4 If a person was taken out

Chapter 5 How does on extend

Chapter 6 If a person dwells

Chapter 7 A window between two courtyards

Chapter 8 How does a person participate

Chapter 9 All the roofs of the town

Chapter 10 If a person finds tefillin

INTRODUCTION

This Tractate, which completes Tractate Shabbat, elaborates the various "domains" and their detailed laws, and the laws of the Shabbat bounds.

During the period of the Mishnah, the houses in an urban settlement were built within courtyards, which opened into a mavoy, which is a narrow street or alley. People would pass through the mavoy into the city plaza, or the main street, i.e., into the public domain (or into a karmelit).

There are two types of mavoy: (1) a closed mavoy, surrounded by partitions on three sides and open to the public domain only on one side; (2) a mavoy mefulash, which is open ended, fenced by two parallel walls, and serves as a thoroughfare.

Tractate Eruvin discusses in detail the special laws of the courtyard and the movoy. A courtyard has the legal status of a private domain. Though inhabited by several residents who have an equal title to it, it is permitted by Torah law to carry on the Shabbat in the entire courtyard, from the houses to the courtyard, and from the courtyard to the houses. This also applies to the closed mavoy: even though all the residents of the courtyards that open onto it pass through it, since it is surrounded on three sides, a person may, by Torah law, carry in all of it. By Rabbinic law, however, a person may not carry in a movoy without a legal emendation on the side that opens onto the public domain, i.e., a lehi (a board or a column) placed at the side of the entrance, or a beam (korah), placed across on top of the two walls (see mishnah 2). This renders the fourth side of the mavoy as closed; or it serves as a sign that sets off the movoy from the public domain (or the karmelit), lest the permission to carry in the movoy that opens to the public domain be mistakenly extended to the public domain also.

A movoy provided with a lehi or with a beam has the status of the private domain; all the inhabitants of the movoy may, by Torah law, carry in it, as also from the courtyards to the movoy, and vice versa

(Rambarn Hil. Eruvin 1:1). Since, however, there are three types of domains (1) private residences (2) a courtyard shared by several inhabitants (3) the movoy, used by the residents of the courtyards that

open onto it the Sages wished to forestall a possible failure to distinguish between the courtyard, the mavoy, and the public domain. We might assume that one may also carry from the courtyard and the mavoy to the public domain, and vice versa, since the mavoy, just like the public domain, is shared by many people. The Sages therefore prohibited the carrying from houses into the courtyard and vice-versa without an eruv, whereby all the neighbors place a food item in one of the houses before Shabbat. This renders the courtyard me'urav (lit. "mixed") and its inhabitants the "joint" residents of the house in which the eruv has been deposited. The entire courtyard, including the houses, is regarded as a single domain. This also applies to the closed mavoy served by a lehi or a beam: the residents of the courtyards may not carry from the courtyards to the mavoy, or vice versa without their joint institution of an eruv in one of the courtyards, on the Shabbat eve. The eruv which serves the courtyard (hatzer) is called eruvei hatzerot,whereas that applying to the mavoy is called shituf (partnership in a) mavoy. According to the Gemara, the eruv was enacted by King Solomon and his Court (Eruv. 21b).

This Tractate deals with the laws of eruvei hatzerot and shituf mavoy, as also with the institutions of eruvei tehumin (regulating the Shabbat bounds). It is named Eruvin as the repository of rules and regulations of the Shabbat eruv.

As mentioned elsewhere, we may not move on the Shabbat further than 2000 amot from our location at the beginning of the Shabbat (i.e., our "Shabbat station"). This distance is known as the "Shabbat bounds" (tehum Shabbat). The nature of the Shabbat bounds restriction is controversial. According to one opinion, it is based on Torah law, as it is written, "let no man go out of his place on the seventh day" (Ex. 16:29). By analogy with the passage dealing with the cities of the Levites (Num. 35), we learn that "of his place" refers to 2000 amot (Gemara, Eruv. 51a; Mishnah Sot. 5:3). Most Tannaim, however, consider the 2000 amot Shabbat bounds as a Rabbinical law. This is the halakhah. According to one opinion, the bounds set by Torah law in Ex. 16:29 are twelve mil (= 24,000 amot, corresponding to the limit of the Israelite camp in the wilderness.) According to yet another opinion, the entire Shabbat bounds restriction is Rabbinic, the Biblical verses merely serving as a support (asmakhta) (Eruv. 56a; Rashi, Shab. 34a). At any rate, according to the halakhah we may not move on Shabbat beyond the 2000 amot limit from the place of our lodging at the beginning of the Shabbat. However, in a settled area, e.g., a city or a village, even if it extends over several miles, we may walk throughout the entire area, and 2000 amot beyond it in each direction, since the entire settlement is considered as but a four amot area. The Sages' lenient treatment of the Shabbat bounds is expressed in the eruv provision. Thus, if a person is required to pass beyond the Shabbat bounds in order to fulfill a religious obligation, e.g., to study Torah, console a mourner, or participate in a wedding celebration, he prepares on Shabbat eve an eruv tehumin, by placing food for two meals at a certain place within or at the bounds. The thereby appointed "abode" at the beginning of the Shabbat is considered as his Shabbat station and starting point of the Shabbat limit of 2000 amot in each direction. Thus, if he places the eruv at a distance of 2000 amot from his home, his Shabbat limit will lie 4000 amot to the east, i.e., 2000 amot from his home to the eruv and 2000 amot from there on. However, he forfeits the entire 2000 amot distance west of his home; the eruv constituting his Shabbat center, his home now marks its western limit.

If, however, he places his eruv 1000 amot to the east of his home, he may walk 3000 amot to the east (1000 to the eruv, and 2000 from there on), but only 1000, i.e., 2000 from the eruv, to the west. We may likewise determine an eruv by walking on Shabbat eve to our planned Shabbat center, stay there from twilight till nightfall, whereupon we may return home (see mishnah 4:9 below). The details of the Shabbat bounds laws, the marking of the settlement boundaries, the measuring of the distance of 2000 amot, the procedure for establishing a Shabbat center, etc., are all dealt with in this Tractate.

ERUVIN: CHAPTER 1: MISHNA 1

A mavoy that is higher than twenty amah, he must reduce. Rabbi Yehudah says. It is not necessary. And the one wider than ten amot, he must reduce; and if it has the form of a doorway, even though it is wider than ten amot, it is not necessary to reduce.

Kehati

The Tractate begins with the laws of the emendation of a closed mavoy. As has been explained in the Introduction, a closed mavoy is a street surrounded by three walls, with courtyards opening into it. Since the mavoy is open to the public domain, the Sages prohibited carrying a distance of four amot within it, lest people think that carrying is permitted within the public domain as well. The Sages enacted, however, that a beam must be placed across the top of the two walls at the entrance to the mavoy, or a lehi placed at its side; this serves as a sort of wall or distinctive marker for the mavoy, so that it may be permitted to carry within it (see mishnah 2). This mishnah teaches the dimensions of the entrance of the mavoy that may be emended by the erection of a beam or a lehi, so that one may carry in it on the Shabbat.

A mavoy that is higher than twenty amah - i.e., the open space at the entrance to the mavoy, from the ground to the beam placed on top of the two walls of the entrance, exceeds twenty amot (about ten meters), he must reduce - the open space. I.e., the person must lower the beam until it is not higher than twenty amot, because the beam serves as a distinctive marker, and it is not noticeable when it is higher than twenty amot, and therefore does not make carrying within the mavoy permissible. The Gemara states that if the beam contains drawings and engraved designs, and everyone looks at it, then even if it is higher than twenty amot, it is Fit, because it serves as a distinctive marker.

Rabbi Yehudah says. It is not necessary - to lower the beam, for according to his opinion, even if it is higher than twenty amot, it is visible and noticeable {Gemara, Rambarn). Another explanation is that in Rabbi Yehudah's view the beam does not serve as a distinctive marker, but rather as a partition, for we view the beam as if it descended and closed, and therefore there is no difference whether the beam is within the twenty amot or higher (Rabbi Yonatan ofLunel, Bartenura). The halakhah does not follow Rabbi Yehudah. And the one - if the empty space of the entrance of the mavoy is - wider than ten amot, he must reduce - the width to ten amot or less, for if the entrance to the mavoy is up to ten amot wide, it is called a doorway, but if it is wider than ten amot, it is not called an "opening," but rather a "gap" and it is permitted to carry in the mavoy only if its entrance has the status of a doorway. According to one opinion in the Gemara, the Sages learned the dimensions of height and width mentioned in the mishnah from the entrance of the hekhal (Sanctuary), which was twenty amot high and ten wide; and if it - the mavoy, has the form of a doorway - if the entrance of the mavoy has a pole on either side and a pole on top of them, resembling two doorposts and a lintel, even though it is wider than ten amot - and [ikewise, even if it is higher than twenty amot (Rambarn),

it is not necessary to reduce - for the form of a doorway makes it permissible to carry in the mavoy.

The Amoraim disagree in the Gemara regarding the length of an "amah." The halakhah follows the opinion of Rava, who said in the name of Rav Nahman: "All the amot (mentioned in this Tractate, and in Sukkot and Kilayim) refer to the amah of six handbreadths, but these, (in kilayim) are measured with fingers spread wide, sohekot laughing, as a person laughs with open lips (Arakh) and those are sad [i.e., pressed together]. Rambarn writes: "The finger-breadth {etzba) with which we measure in every case is that of the thumb. And the tefah is four finger-breadths. All amot, whether regarding the Shabbat, the sukkah or kilayim', are of six tefahs. At times we measure with the amah of six tefahs, (i.e., four tight thumbreadths Bartenura), and at times we measure with the amah of six handbreadths of "laughing" i.e.,(widespread rather than compressed) fingers, allowing air to enter between them, and in each case the more stringent measure is applied (Hil. Shabbat 17:36). Thus, measurement with the tight-fingered tefah is applied if it results in the stricter ruling, and the expanded tefah is applied if this implements the stricter ruling. The Maggid Mishneh states in the name of Rashba, that the difference between the tight measurement and the expanded is one half a fingerlength to the amah

ERUVIN: CHAPTER 1: MISHNA 2

The fitness of a mavoy Bet Shammai say, A lehiand a beam; and Bet Hillel say, A lehi or a beam; Rabbi Eliezer says. Two lehis. One disciple said, in the name of Rabbi Yishmael, before Rabbi Akiva, Bet Shammai and Bet Hillel did not disagree regarding a mavoy that is less than four amot, that it is either by a lehi or by a beam. About what did they disagree about wider than four amot up to ten, that Bet Shammai say, A lehi and a beam; and Bet Hillel say, A lehi ors beam. Rabbi Akiva said. Regarding this and this they disagreed.

Kehati

This mishnah discusses the law of carrying in the closed mavoy.

The fitness of a mavoy - making the mavoy fit, so that it will be permitted to carry within it - Bet Shammai say, A lehi and a beam - both are required: a lehi a wooden board or a pole on the side of the entrance, as well as a beam, across the top of the two walls at the entrance to the mavoy, and Bet Hillel say, A lehi - as a partition, or a beam - as a distinctive marker. Hence, there is a difference between a mavoy that has been made fit by a lehi and the one made Fit by a beam: a mavoy that has been made Fit by a lehi is deemed surrounded by four partitions, and it is a proper private domain, while the mavoy made fit by a beam is not, and even though one may carry within it by means of an eruv, it is not a proper private domain, and if a person throws an object from the public domain into it he is exempt (Rambarn, Bartenura);

Rabbi Eliezer says. Two lehis - a lehi is required on each side of the entrance. One disciple said, in the name of Rabbi Yishmael, before Rabbi Akiva - the Gemara explains that it was Rabbi Meir, who was the disciple of Rabbi Yishmael and of Rabbi Akiva,

Bet Shammai ami Bet Hillel did not disagree regarding a mavoy that - has an entrance which - is less than four amot - wide, that it is - made fit - either by a lehi or by a beam - even according to the opinion of Bet Shammai. About what did they - Bet Shammai and Bet Hillel, disagree - about the case in which a mavoy whose entrance is - wider than four amot up to ten - amot, that Bet Shammai say, A lehi and a beam; and Bet Hillel say, A lehi or a beam - as explained above.

Rabbi Akiva said. Regarding this and this they disagreed - the Gemara explains that the First Tanna and Rabbi Akiva differ regarding a mavoy whose entrance is less than four tefahs wide, one of them holding that neither a lehi nor a beam is required, the other holding that either a lehi or a beam is required. It is not clear, however, which Tanna holds which opinion.

A mavoy which is even only slightly longer than wide, can be made fit by a lehi or a beam. If, however, it is square (i.e., its length is the same as its width), then it must be made fit as a courtyard, i.e., either by one lehi four tefahs wide, or a lehi of any width on each side. And similarly, the law of a mavoy applied to a rectangular courtyard, and a lehi or a beam make it fit (Gemara; Rambarn, commentary on the Mishnah).

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