עירובין 64 — Soncino English Talmud

¹‘If so, are you not abolishing the law of ‘erub in that alley?’ — ‘They might prepare an ‘erub’. ‘Would It not then be said that an ‘erub is effective even where a heathen is a resident in the place?’ — ‘An announcement might be made’. ‘An announcement for the children?’ — ‘Rather’, said Raba, ‘let one of them persuade him and borrow a place from him on which he shall put down something, so that he assumes the status of his hired labourer or retainer concerning whom Rab Judah laid down in the name of Samuel: Even his hired labourer and even his retainer may contribute his share to the ‘erub and this alone is sufficient. Abaye asked R. Joseph: What is the ruling in there were five hired labourers or live retainers? — The other replied: If the Rabbis have laid down that one's hired labourer or retainer is regarded as a householder in order that the law might be relaxed, would they also maintain that a hired labourer or retainer has a similar status in order that the law might be restricted? [Reverting to] the main text: ‘Rab Judah laid down in the name of Samuel: Even his hired labourer and even his retainer may contribute his share to the ‘erub, and this alone is sufficient R. Nahman observed: How excellent a ruling is this. Rab Judah stated in the name of Samuel: He who has drunk a quarter of a log of wine must not give a legal decision. This ruling’ observed R. Nahman, ‘is not a very fine one, because in my own case, before I drink a quarter of a log of wine my mind is not clear’. Said Raba to him: Why did the Master speak in such a manner? Did not R. Aha b. Hanina in fact state, ‘What is the exposition of the Scriptural text: But he that keepeth company with harlots loses his substance? Whosoever says: "This ruling is a fine one or "That ruling is not a fine one" loses the substance of the Torah’? — ‘I withdraw’, the other replied. Rabbah son of R. Huna ruled: One who is under the influence of drink must not pray, but if he did pray his prayer is regarded as a proper one. An intoxicated man must not pray, and if he did pray his prayer is an abomination. How are we to understand the expression of ‘One who is under the influence of drink’, and how that of ‘an intoxicated man’? — As follows. When R. Abba b. Shumani and R. Menashya b. Jeremiah of Difti were taking leave from each other at the ford of the river Yopati they suggested, ‘Let each one of us say something that the other has never heard before, for Mari son of R. Huna laid down: The best form of taking leave of a friend is to tell him a point of the halachah, because he would remember him for it’. ‘What is to be understood’, one of them began, ‘by "one who is under the influence of drink" and what by "an intoxicated man"? The former is one who is able to speak in the presence of a king, the latter is one who is unable to speak in the presence of a king’. ‘What’, the other began, ‘should he who took possession of the property of a proselyte do that he shall be worthy of retaining it? Let him purchase with it a scroll of the Law’. R. Shesheth said: Even^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

^ᵃnote:That renunciation alone is deemed to be sufficient to enable the residents to enjoy the privileges mentioned.
^ᵇnote:Although it would bring them no material benefit.
^ᶜnote:That the ‘erub is ineffective, that with the exception of the one resident, in whose favour the others had renounced their rights, all are forbidden to carry any objects from their houses into the alley and vice versa, and that only within the alley, which on account of the renunciation assumed the status of a private domain, is the movement of objects permitted.
^ᵈnote:Sc. what is the use of an announcement of which the rising generation would be unaware. The new generation, ignorant of the terms of the announcement, would naturally assume that an ‘erub is effective even where a heathen is one of the residents.
^ᵉnote:Of the residents.
^ᶠnote:The heathen resident in the alley.
^ᵍnote:By becoming a tenant to the heathen's courtyard.
^ʰnote:A heathen's.
^ⁱnote:If he is an Israelite.
^ʲnote:For the alley.
^ᵏnote:To enable all the residents to move objects from their houses into the alley and vice versa.
^ˡnote:In a heathen's house.
^ᵐnote:Cf. MS.M.
^ⁿnote:Each one of whom occupied a room or a garret in it, and one of whom had forgotten to contribute his share to the ‘erub for the alley. Since, it is asked, in respect of enabling the house in which he lives to be joined with the others in one ‘erub he is regarded as its householder, is he equally regarded as a householder the absence of whose share from an ‘erub restricts the use of the entire alley?
^ᵒnote:I.e., that the ‘erub shall be effective.
^ᵖnote:Of course not. As all doubtful questions in the laws of ‘erub are decided in favour of the more lenient view, a hired labourer or retainer cannot be regarded as a householder wherever he failed to contribute to the ‘erub of the alley.
^ᵠnote:v. Glos.
^ʳnote:R. Nahman.
^ˢnote:Criticizing traditional rulings.
^ᵗnote:Prov. XXIX, 3.
^ᵘnote:,ubuz ‘harlots’ is read as vtb uz ‘this is fine’.
^ᵛnote:Lit., ‘like that of R.’
^ʷnote:Var. lec. ‘Rabbah’ (En Jacob).
^ˣnote:Var. lec. ‘Rabbah b. Shimi (MS.M.).
^ʸnote:V. marg. glos., cur. edd., ‘Gifty’. MS.M. omits the word.
^ᶻnote:Var. lec., ‘Mari son of R. Huna son of R. Jeremiah b. Abba (cf. Ber. 31a).
^ᵃᵃnote:Lit., ‘a man shall not depart from his friend except from the midst of’.
^ᵃᵇnote:Sc. is able to collect his thoughts if suddenly confronted by a high personage whom he fears or reveres.
^ᵃᶜnote:Who died without any Jewish issue and thus had no legal heirs.
^ᵃᵈnote:With the proceeds of a portion of the property.
^ᵃᵉnote:The pious act will protect him from loss.

²a husband [should act in a similar manner] with his wife's estate. Raba said: Even a man who engaged in trade and made a large profit should act in a similar manner. R. Papa said: Even he who has found something [should act in the same manner]. R. Nahman b. Isaac said: Even if he had only arranged for the writing of one pair of tefillin. In connection with this R. Hanin [or, as some say: R. Hanina] stated: What is the Scriptural proof? It is written: And Israel vowed a vow etc. Rami b. Abba stated: A mil's walk or a little sleep removes the effects of wine. Said R. Nahman in the name of Rabbah b. Abbuha: This applies only to one who has drunk one quarter of a log, but if one has drunk more than a quarter, a walk would only cause him more fatigue, and sleep would produce more intoxication. But does a mil's walk remove the effects of wine? Was it not in fact taught: It once happened that R. Gamaliel was riding on an ass when traveling from Akko to Chezib while R. Ila'i was following behind him. Finding a gluskin on the road he said to him, ‘Ila'i, pick tip the gluskin from the road’. Later he met a heathen. ‘Mabgai’, he said to him, ‘take away that loaf from Ila'i’. R. Ila'i thereupon approached him, and asked ‘where are you from?’ ‘I am’, the other replied: ‘from the station keepers’ settlements’. ‘And what is your name?’ ‘My name is Mabgai’. ‘Did R. Gamaliel ever know you?’ ‘No’, the other replied. At that moment we discovered that R. Gamaliel divined by the holy spirit and, at the same time, we learned three things: We learned that eatables may not be passed by, that the majority of travellers must be followed; and that it is permitted to derive benefit from a heathen's leavened bread after the Passover. When he arrived at Chezib a man approached him and asked for his vow to be absolved. ‘Have we’, he’ asked the person who accompanied him, ‘perchance drunk a quarter of a log of Italian wine?’ ‘Yes’, the other replied. ‘In that case’, he said: ‘let him walk behind us until the effect of our wine is removed’. The man walked behind them for three mils until he reached the Ladder of Tyre. Having arrived at the Ladder of Tyre, R. Gamaliel alighted from his ass, wrapped himself in his cloak, sat down and disallowed his vow. At that time we learned many things: We learned that a quarter of a log of Italian wine causes intoxication; that an intoxicated man may not decide legal questions; that a journey causes the effects of wine to be removed, and that absolution from vows may not be granted while riding, walking, or standing, but must be done sitting. At all events, were not ‘Three mils’ mentioned here? — Italian wine is different since its powers of intoxication are greater. But did not R. Nahman state in the name of Rabbah b. Abbuha, ‘This applies only to one who has drunk one quarter of a log, but if one has drunk more than a quarter, a walk would only cause him more fatigue, and sleep would produce more intoxication’? — A rider is in a different position. Now that you have arrived at this, no objection can be raised against Rami b. Abba either, since a rider is in a different position. But [the law,] surely, is not so; for did not R. Nahman say: Absolution from vows may be granted while walking, standing or riding? — This is a point at issue between Tannas, one holding that an opening for regret must be discovered while the other holds that no opening for regret is required; for Rabbah b. Bar Hana related in the name of R. Johanan: what opening did R. Gamaliel suggest to that man? There is that speaketh like the piercings of a sword, but the tongue of the wise is health, he ‘that speaketh’ a vow deserves to be pierced by the sword, ‘but the tongue of the wise is health’. The Master said that ‘eatables may not be passed by’. R. Johanan laid down in the name of R. Simeon b. Yohai: This applies only to the earlier generations when the daughters of Israel did not freely indulge in witchcraft, but in the later generations when the daughters of Israel freely indulged in witchcraft one may pass them by. A Tanna taught: Whole loaves may be passed by but not crumbs. Said R. Assi to R. Ashi: But do they not practise witchcraft with crumbs? Is it not in fact written in Scripture: And ye have profaned Me among My People for handfuls of barley and for crumbs of bread? — These they received as a fee. R. Shesheth citing R. Eleazar b. Azariah observed:^ᵃᶠ^ᵃᵍ^ᵃʰ^ᵃⁱ^ᵃʲ^ᵃᵏ^ᵃˡ^ᵃᵐ^ᵃⁿ^ᵃᵒ^ᵃᵖ^ᵃᵠ^ᵃʳ^ᵃˢ^ᵃᵗ^ᵃᵘ^ᵃᵛ^ᵃʷ^ᵃˣ^ᵃʸ^ᵃᶻ^ᵇᵃ^ᵇᵇ^ᵇᶜ^ᵇᵈ^ᵇᵉ^ᵇᶠ^ᵇᵍ^ᵇʰ^ᵇⁱ^ᵇʲ^ᵇᵏ^ᵇˡ^ᵇᵐ^ᵇⁿ^ᵇᵒ^ᵇᵖ^ᵇᵠ^ᵇʳ^ᵇˢ^ᵇᵗ^ᵇᵘ^ᵇᵛ^ᵇʷ^ᵇˣ^ᵇʸ^ᵇᶻ^ᶜᵃ^ᶜᵇ

^ᵃᶠnote:Lit., ‘he wrote with them’, sc. paid for, out of the wealth or property he had acquired.
^ᵃᵍnote:V. Glos.
^ᵃʰnote:That the performance of a pious deed has a favourable effect on one's fortunes.
^ᵃⁱnote:Num. XXI, 2, the conclusion of the text showing that as a result of the vow Israel expected to be victorious in their struggle against the Canaanites.
^ᵃʲnote:Var. lec. R. Aha (cf. Sanh. 22b).
^ᵃᵏnote:So MS.M. omitting hsf ‘the contents’. This is also the reading in the quotation infra.
^ᵃˡnote:An expensive loaf made of a certain kind of white flour.
^ᵃᵐnote:R. Gamaliel.
^ᵃⁿnote:A Samaritan proper name common among heathens (cf. Mak. 11a).
^ᵃᵒnote:The heathen.
^ᵃᵖnote:Burgonin, pl. of burgoni, keeper or tenant of a station for travelers.
^ᵃᵠnote:Since R. Ila'i was requested to pick up the loaf.
^ᵃʳnote:Lying on the ground.
^ᵃˢnote:But must be picked up.
^ᵃᵗnote:Since the loaf was given away to a heathen.
^ᵃᵘnote:The majority having been heathens the loaf must be assumed to have been dropped by one of them and, therefore, forbidden to an Israelite.
^ᵃᵛnote:This incident occurred after the Passover; and the loaf was nevertheless presented to a heathen.
^ᵃʷnote:The recipient of the loaf would naturally be grateful for the gift and likely to repay it by some other act of kindness.
^ᵃˣnote:Which is forbidden in the case of an Israelite's leavened bread.
^ᵃʸnote:R. Gamaliel.
^ᵃᶻnote:R. Ila'i.
^ᵇᵃnote:Scala Tyriorum, a promontory south of Tyre.
^ᵇᵇnote:How then could Rami b. Abba maintain that a one mil's walk is enough?
^ᵇᶜnote:From other wines.
^ᵇᵈnote:Hence a longer journey is necessary.
^ᵇᵉnote:And since Italian wine is stronger than others one quarter of a log of it would have the same effect as a larger quantity of the others.
^ᵇᶠnote:From that of a pedestrian. The injurious consequences of a walk would not affect him.
^ᵇᵍnote:To the drawing of a distinction between riding and walking.
^ᵇʰnote:From the statement that three mils are necessary to remove the influence of drink.
^ᵇⁱnote:Who spoke of one mil only.
^ᵇʲnote:While for a pedestrian one mil is sufficient, a rider, whose exertion is less, requires three mils.
^ᵇᵏnote:With reference to the absolution of vows.
^ᵇˡnote:Ned. 77b.
^ᵇᵐnote:With whom R. Gamaliel is in agreement.
^ᵇⁿnote:Before a Sage may absolve one from a vow.
^ᵇᵒnote:Sc. a valid ground must be found to make the man regret his vow from the very outset. In order to discover such a ground careful thinking is necessary and this is only possible when one is comfortably seated.
^ᵇᵖnote:Who allows the granting of absolution in any position.
^ᵇᵠnote:Absolution may be granted to any person who applies for it irrespective of whether he regrets ever having made the vow or not.
^ᵇʳnote:As proof that R. Gamaliel holds the same view as the former Tanna.
^ᵇˢnote:Prov. Xli, 18.
^ᵇᵗnote:Because he might not be able to fulfil his obligations.
^ᵇᵘnote:That of the Sage who grants absolution.
^ᵇᵛnote:He restores the sinner to a healthy moral condition. With this exposition R. Gamaliel was able to convince the man of his folly and to make his express his sincere regrets for ever having made his vow.
^ᵇʷnote:Lit., ‘broken through’.
^ᵇˣnote:Since witchcraft may be suspected.
^ᵇʸnote:By the practice of witchcraft (v. Rashi).
^ᵇᶻnote:Ezek. XIII, 19.
^ᶜᵃnote:The ‘crumbs’ mentioned by Ezekiel.
^ᶜᵇnote:For their services in the art of witchcraft. With these crumbs, however, no witchcraft was performed.