עירובין 33:2 — Soncino English Talmud

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^ᵃ^ᵇ^ᶜ^ᵈ^ᵉ^ᶠ^ᵍ^ʰ^ⁱ^ʲ^ᵏ^ˡ^ᵐ^ⁿ^ᵒ^ᵖ^ᵠ^ʳ^ˢ^ᵗ^ᵘ^ᵛ^ʷ^ˣ^ʸ^ᶻ^ᵃᵃ^ᵃᵇ^ᵃᶜ^ᵃᵈ^ᵃᵉ^ᵃᶠ^ᵃᵍ^ᵃʰ^ᵃⁱ^ᵃʲ^ᵃᵏ

^ᵃnote:Lit., ‘to complete’, v. supra 11b. Hence it is permissible to add the width of the basket to that of the tree to impart to the latter the status of a private domain. It is not regarded, however, as a private domain in all respects since the prescribed width does not extend below the basket where the width of the tree is less than four handbreadths.
^ᵇnote:Lit., ‘and there is not’, unless the width of the basket is added.
^ᶜnote:Because the area of four cubits in the public domain which he had acquired by making his abode for the Sabbath at the base of the pole, is in respect of the ‘erub regarded as a private domain which extends from the earth to the sky and in consequence of which he may move his ‘erub’ from the top of the pole, which is a private domain, to its base at the side of which he made his abode.
^ᵈnote:Lit., ‘and if not’. This is now assumed to mean: If the width was less than four handbreadths or the height was less than ten handbreadths.
^ᵉnote:,Where the pole (v. previous note) was less than ten handbreadths high.
^ᶠnote:Since the pole does not constitute a private domain. Why them is the ‘erub ineffective?
^ᵍnote:R. Judah.
^ʰnote:On the top of which the ‘erub was placed.
^ⁱnote:If the ‘erub is to be effective.
^ʲnote:Such a width constitutes a private domain and, as explained supra n. 5, the ‘erub is effective. If the width, however, is less than four handbreadths the ‘erub, resting in no ‘domain’ and being suspended, so to speak, in the air, must be ineffective.
^ᵏnote:Sc. even if it is less than four handbreadths wide the ‘erub is effective, since an object suspended within ten handbreadths from the ground is deemed to be resting on the ground itself.
^ˡnote:Did Rabina (spurn 33a ad fin.) lay down that, though the width of the basket brings up a portion of a tree to the prescribed size of four handbreadths, the status of a private domain cannot be imparted to that portion unless the full height of the tree from the ground to that Spot was four handbreadths wide.
^ᵐnote:Four hand breadths wide.
^ⁿnote:From the public domain.
^ᵒnote:Shah. 5a, 101a; because the basket has the status of a private domain though the reed below it is less than the prescribed width. Is it likely, however, that Rabina's view is in disagreement with that of R. Jose son of R. Judah?
^ᵖnote:Rabina's view.
^ᵠnote:The case of the basket on top of the reed.
^ʳnote:Of the basket.
^ˢnote:And the rule of ‘gud ahith’ by which the sides are assumed to descend to the ground may well be applied. The top of the reed may, therefore, be regarded as a private domain.
^ᵗnote:A basket attached to the side of a tree.
^ᵘnote:If the spot on which the ‘erub rested were to be regarded as a private domain two processes would have to be postulated, that (a) the tree is imagined to be cut away so as to make up with the basket the prescribed area of four handbreadths and (b) that the sides of the basket descended to the ground. The assumption of two such processes, however, is inadmissible even according to R. Jose son of R. Judah. (For another interpretation v. Rash s.v., harpns ,htu a.l.).
^ᵛnote:Maintaining that the first as well as the second clause of the Baraitha (supra 33a) refers to a spot that was four hand breadths wide.
^ʷnote:To the objection (loc. cit. ad fin.): What is the use that the ‘erub was put in a basket?
^ˣnote:From a fixed tree or pole.
^ʸnote:Without detaching it from the tree.
^ᶻnote:And so obtain his ‘erub without carrying it from one domain into another. Hence the validity of the ‘erub even if one did not actually incline the basket.
^ᵃᵃnote:Of R. Jeremiah.
^ᵃᵇnote:Who wishes to prepare an ‘erub for a festival, that occurred on a Friday, and for the Sabbath day following it.
^ᵃᶜnote:Were the ‘erub to be deposited on the festival eve only, it might sometimes be lost during the day before the Sabbath commenced and the man, though provided for during the festival at the commencement of which the ‘erub was in existence, would remain unprovided for during the Sabbath day.
^ᵃᵈnote:Cf Rashi s.v. ch,n and Tosaf. s.v. ufhkun a.l.
^ᵃᵉnote:Sc. on the festival eve.
^ᵃᶠnote:When, the ‘abode’ is acquired.
^ᵃᵍnote:For fear it gets lost.
^ᵃʰnote:Lit., ‘and comes for himself’.
^ᵃⁱnote:Friday, which is the Sabbath eve.
^ᵃʲnote:Since the ‘erub already served its purpose. He cannot again carry it away with him, as he did on the evening of the festival, since carrying in a public domain is forbidden on the Sabbath.
^ᵃᵏnote:Infra 3a.