עירובין 33

33:1

while the man intended to acquire his Sabbath abode at its root; and what [is the explanation for the use of the expressions,] ‘above’ and ‘below’? That [the branch] rises again into a vertical position. But could not the man, if he so wished, bring [the ‘erub] by way of the upper part of the tree? — [This is a case] where many people adjust their burdens on it, and [this ruling is] in agreement with that of Ulla who laid down: If a column, nine handbreadths high, was situated in a public domain and many people were adjusting their burdens on it, any man who throws an object that comes to rest upon It is guilty. What is the source of the dispute between, Rabbi and the Rabbis? — It was taught: If he deposited it on a tree above [a height] of ten handbreadths, his ‘erub is ineffective; [if he deposited it at an altitude] below ten handbreadths his ‘erub is effective, but he must not move it. [If the ‘erub was deposited] within three [handbreadths from the ground] it is permitted to move it. If he put it In a basket and hung it upon the tree his ‘erub is effective even if it was above [a height] of ten handbreadths; Rabbi. But the Sages ruled: Wherever it is forbidden to move it the ‘erub is ineffective. Now to what [does the statement,] ‘But the cages ruled’ refer? If it be suggested: To the final clause, [the difficulty would arise:] Does this imply that the Rabbis hold the opinion that [the use of the] sides [is also] forbidden? Consequently [it must refer] to the first clause. But then, what [size of] tree is done to imagine? If [it is one] which is less than four [handbreadths in width,] then, surely, it is a spot of exemption; and if it was four [handbreadths wide,] what is [the use, it may be asked,] that the ‘erub was put in a basket? — Rabina replied: The first clause [is a case] where [the tree] had [a width] of four [handbreadths, while] the final clause [deals with one] whose width was less than four [handbreadths] but the basket supplemented it to four

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33:2

and Rabbi adopts the same view as that of R. Meir and also the same as that of R. Judah. He adopts the same view as that of R. Meir who ruled: ‘Excavation may be imagined so that [the prescribed measurements] may be obtained’, and he also adopts the same view as that of R. Judah who ruled: It is necessary that the ‘erub [shall rest] on a spot that is four [handbreadths wide]’, which is not the case here. What [is the source of the ruling of] R. Judah? — It was taught: R. Judah ruled: If a man inserted a pole in [the ground of] a public domain and deposited his ‘erub on it, his ‘erub is effective [if the pole was] ten [handbreadths] high and four [handbreadths] wide; otherwise his ‘erub is ineffective. On the contrary! Are not he and his ‘erub [in the latter case] in the same domain? It is this rather that he meant: [If the pole was] ten [handbreadths] high it is necessary that at its top it shall be four [handbreadths wide], but if it was not tell [handbreadths] high it is not necessary for its top to be four [handbreadths wide]. In agreement with whose view? — [It is apparently] not in agreement with that of R. Jose son of R. Judah, seeing that it was taught: R. Jose son of R. Judah ruled: If a man inserted a reed in [the ground of] a public domain and on the top of it he fixed a basket, any one who threw something which came to a rest on the top of it incurs guilt? — It may be said [to be in agreement] even [with that of] R. Jose son of R. Judah, for there the sides surround [the reed], but here the sides do not surround [the tree]. R. Jeremiah replied: A basket is different since one might incline it and so lower it within ten [handbreadths from the ground]. R. Papa sitting at his studies was discoursing on this traditional teaching, when Rab b. Shaba pointed out to him the following objection: [We learned, he said]: How is one to proceed? He arranges [for the ‘erub’] to be carried [by a deputy to the required spot] on the first day, and, having remained there with it until dusk, he takes it [with him] and goes away. On the second day he [again] comes [with it] and keeps it there until dusk when he may consume it and go away.37

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