Eruvin

— Because it is a dwelling-place that serves only the outside air,1 and no movement of objects is permitted in a dwelling-place whose only function is that of serving the outside air, if its area was greater than two beth se'ah. IF ITS ROOTS ARE HIGH ABOVE THE GROUND etc. It was stated: If the roots of a tree descended from a level that was above three handbreadths into one that was lower than three handbreadths,2 Rabbah ruled: It is permitted to use them, while R. Shesheth ruled: It is forbidden to use them. ‘Rabbah ruled: It is permitted to use them’, since all levels lower than three handbreadths from the ground are regarded as the ground itself.3 ‘R. Shesheth ruled: It is forbidden to use them’, because, owing to the fact that they derive from a forbidden source,4 they themselves are also forbidden. If they5 are in the shape of a rocky crag.6 those that grow upwards7 are forbidden,8 those that grow downwards9 are permitted,10 while as to those that grow sideways11 a difference of opinion exists between Rabbah and R. Shesheth;12 and the same13 applies to a dike14 and a corner.15 Abaye had16 a certain palm-tree that projected through the sky-light17 and when he came to R. Joseph18 the latter permitted it to him ,19 R. Aha b. Tahlifa observed: In permitting its use to you he20 acted in accordance with Rabbah's view.21 Is not this obvious?- It might have been presumed that even according to the view of R. Shesheth a house22 is regarded as full23 and that one may, therefore, use a tree within less than three handbreadths from the roof, hence we were informed [that the decision was given only in accordance with the view of Rabbah]. We learned: IF ITS ROOTS ARE THREE HANDBREADTHS HIGH ABOVE THE GROUND ONE MAY NOT SIT ON THEM. Now how are we to imagine the circumstances? If they did not24 subsequently bend downwards,is not this25 obvious?26 This must consequently be a case, must it not, where they subsequently bent downwards?27 — No, the fact is that they did not subsequently bend downwards, but28 it is this that we were informed: Even though [on] one of its29 sides [they were] level with the ground.30 Our Rabbis taught: If the roots of a tree were three handbreadths high above the ground, or if there was a hollow space of three handbreadths beneath them, one must not sit on them even though on one side of the tree they were level with the ground, because it is not permissible31 either to climb upon a tree or to suspend oneself from a tree or to recline on a tree; nor may one climb upon a tree while it is yet day32 to remain there all the Sabbath day, the law being the same in the case of a tree and in that of any cattle. In the case of a cistern, a ditch, a cave or a wall one may climb up or climb down even if they were a hundred cubits [deep or high].33 One Baraitha teaches: If a man climbed, up34 he may climb down. But does not another Baraitha teach that he is forbidden to climb down? — This is no difficulty since the former refers to one who climbed up35 while it was yet day32 while the latter refers to one who did it after dusk.36 If you prefer I might reply: Both refer to all ascent after dusk and yet there is no difficulty, since the one refers to an unwitting act while the other refers to an intentional one.37 If you prefer I might say: Both refer to an unwitting act, but the principle underlying their divergence of view is the question whether a penalty has been imposed in respect of an unwitting act as a precaution against the performance of an intentional act. One Master38 is of the opinion that such a penalty has been imposed while the other Master holds that no such penalty has been imposed. R. Huna son of R. Joshua observed: This39 is similar in principle to the dispute between the following Tannas: If the blood of sacrifices of which one sprinkling only is necessary40 was confused with the blood of other sacrifices of which one sprinkling is necessary,41 each42 is to be sprinkled once. If blood of which four sprinklings are necessary was confused with other blood of which four sprinklings were necessary43 each42 is to be sprinkled four times. If that which has to be sprinkled four times was confused with that which has to be sprinkled once, R. Eliezer ruled: Each42 must be sprinkled four times,44 and R. Joshua ruled: Each42 must be sprinkled only once.45 ‘Does he not’, said R. Eliezer to him, ‘thereby46 transgress the law against diminishing from the precepts?’47 ‘Does he not thereby’,48 replied R. Joshua. ‘transgress the prohibition against adding to the precepts?’49 ‘This’,50 R. Eliezer retorted: ‘applies only51 where it is in all isolated condition’.is ‘The prohibition against diminishing from the precepts also’ , said R. Joshua to him, ‘applies only when it is in all isolated condition’.52 R. Joshua, furthermore, explained: If you sprinkle53 you transgress the prohibition against adding to the precepts and you also perform the act with your own hand, but if you do not sprinkle you transgress indeed the prohibition against diminishing from the precepts but you do not perform any act with your own hand’.54 Now, according to R. Eliezer who laid down there54 that the performance of an uncertain precept55 is preferable.56 the man may here also57 climb down,58 while according to R. Joshua who held there54 that the abstention from the performance of an uncertain precept59 is preferable.60 the man here also57 may not climb down.61 This argument, however, might be fallacious,62 since R. Eliezer may have maintained his view, that the performance of an uncertain precept55 is preferable.56 only there where a positive precept is thereby63 performed. but here,57 where64 no positive precept is performed65 he may also agree that the man must not climb down. Or else: R. Joshua may have maintained his view, that the abstention from the performance of an uncertain precept59 is preferable.60 only there57 open air. No one uses the area tinder a tree as an ordinary habitation. downwards in the shape of a sloping hill, smaller roots branching out of the bigger ones. level. regarded as the ground itself; while according to the latter they are forbidden on account of their source which is within the forbidden level. the use of the roots that were within three handbreadths from the top of the dike is permitted while according to R. Shesheth, since they grew from a level which is above three handbreadths from the bottom of the dike, they are forbidden. above the walls. According to Rabbah the portion of the tree above the walls may be used since its lower section on those sides is covered by the walls and the part projecting above them is within three handbreadths from their tops. According to R. Shesheth, however, since their source in the exposed side of the tree is above three handbreadths from the ground, this is forbidden. In the case of a tree one of whose sides only adjoins a wall while its other sides remained exposed even Rabbah, it may be added, agrees that its use is forbidden. house, which is obviously higher than three handbreadths from the floor, is forbidden, the use of the section above the roof which grows from It is equally forbidden. the ground. but to a preventive measure against the possibility of intentional plucking of a growing plant, which is one of the acts of work forbidden on the Sabbath. follows Bertinoro in Zeb. VIII, 10). the prescribed number. against adding to the precepts (cf. Deut. XIII, 1).