Eruvin

But have we not learnt: If a tenant1 presented his share2 and then he carried out something,3 whether he acted unwittingly or intentionally, he imposes restrictions;4 so R. Meir?5 — R. Joseph replied. Read:6 He imposes no restrictions. Abaye replied: There is no contradiction,7 the former dealing with a case8 where the residents of the alley had taken possession of the alley9 while the latter deals with one8 where the residents of the alley had not taken possession of the alley; and so it was also taught: If he10 carried out an object11 before he had renounced his share,12 whether he acted13 unwittingly or intentionally, he14 is entitled to renounce his right;15 so R. Meir. R. Judah ruled: If he acted13 unwittingly he is entitled to renounce his right15 but if he acted with intention he is no longer entitled to renounce his right.16 He who presented his share12 and then carried out an object.11 whether he acted13 unwittingly or with intention, he imposes restrictions;17 so R. Meir. R. Judah ruled: If he acted18 with intention he imposes restrictions but if unwittingly he does not. This,19 however, applies only where the residents of the alley did not take possession of the alley.20 but where they did take possession of it20 he imposes no restrictions upon them irrespective of whether he acted18 unwittingly or intentionally. The Master said: ‘R. Judah related, [The instruction was given] in a different form: "Hasten and attend to your requirements in the alley before nightfall when he would impose restrictions in you".’ From this21 it is evident that he is regarded as a gentile; but have we not learnt.22 BEFORE HE CARRIES OUT?23 — Read: Before the conclusion of the day.24 And if you prefer I might say: There is really no contradiction since the former25 might refer to one who is a mumar26 in respect of desecrating the Sabbath in privacy only, while the latter27 might deal with one who desecrates the Sabbath in public. Whose view is followed in what was taught: ‘A mumar26 or a barefaced sinner is not entitled to renounce his share’? — But is a barefaced sinner on a par with a mumar?28 — Rather read: ‘A barefaced mumar29 is not entitled to renounce his share’. Now in agreement with whose [view has this been laid down]? — In agreement, of course, with that of R. Judah.30 A certain man once went out31 with a jewelled charm32 but when he observed R. Judah Nesi'ah he covered it up. ‘A person of this type’,33 [the Master said.] ‘is in accordance with the view of R. Judah entitled to renounce his share’. R. Huna stated: Who is regarded as an Israelite in mumar?34 He who desecrates the Sabbath in public. Said R. Nahman to him: In agreement with whose view?35 If [it be suggested that it is] in agreement with that of R. Meir who holds that a person who is suspected of disregarding one matter [of law] is held suspect in regard to all the Torah,36 the statement should also apply to any of the other prohibitions of the Torah;37 and if [it is suggested that it is] in agreement with the view of the Rabbis,38 did they not rule, it may be objected, that one who is suspected of disregarding one law is not held suspected in regard to all the Torah privilege of renunciation. regarded as the re-acquisition of his share; and in the case of an unwitting use of it the restrictions are imposed on account of the possibility of intentional use. opinion between R. Meir and R. Judah, the latter holding that restrictions are imposed only where the use was intentional while the former maintains that they are imposed even where the use was unintentional (cf. Rashi s.v. vnc ad fin. a.l.). could his renunciation ever be valid? nightfall’ in R. Judah's statement cited in the Baraitha. Instead of thmuh (Hif. of tmh) which bears the meaning of ‘carrying’ (uhkf thmuh ‘he will carry out his things’), the reading is tmh (Kal. of tmh) which bears the meaning of ‘going out’, ‘departing’. desecrates the Sabbath in public to renounce his share. — Rashi a.l. anti Jast.). Such an object, not being regarded as a personal ornament, may not be carried on the Sabbath in a public domain even on one's person.