1I might have presumed that an idolater's dwelling is regarded as a valid dwelling; hence we were informed that an idolater's dwelling is no valid dwelling. And if all our knowledge had to be derived front the latter ruling. one would not have known the number of houses required; hence we were informed that there must be no less than two houses. Now, however, that Rab also stated that his ruling applied even to a courtyard [it follows that] Rab's reason is his opinion that one is forbidden to live alone with an idolater. If so, observed R. Joseph, I can well understand why I heard R. Tabla mentioning ‘idolater’ twice though at the time I did not understand what he meant. MISHNAH. IF TWO COURTYARDS WERE ONE WITHIN THE OTHER AND THE TENANTS OF THE INNER ONE PREPARED AN ‘ERUB ‘WHILE THOSE OF THE OTHER ONE DID NOT PREPARE ONE, THE UNRESTRICTED USE OF THE INNER ONE IS PERMITTED BUT THAT OF THE OUTER ONE IS FORBIDDEN. IF THE TENANTS OF THE OUTER ONE PREPARED AN ‘ERUB BUT NOT THOSE OF THE INNER ONE, THE UNRESTRICTED USE OF BOTH COURTYARDS IS FORBIDDEN. IF THE TENANTS OF EACH COURTYARD PREPARED AN ‘ERUB FOR THEMSElves, THE UNRESTRICTED USE OF EACH IS PERMITTED TO ITS OWN TENANTS. R. AKIBA FORBIDS THE UNRESTRICTED USE OF THE OUTER ONE BECAUSE THE RIGHT OF WAY IMPOSES RESTRICTIONS. THE SAGES, HOWEVER, MAINTAIN THAT THE RIGHT OF WAY IMPOSES NO RESTRICTIONS UPON IT. IF ONE OF THE TENANTS OF THE OUTER COURTYARD FORGOT TO CONTRIBUTE TO THE ‘ERUB. THE UNRESTRICTED USE OF THE INNER COURTYARD IS PERMITTED BUT THAT OF THE OUTER ONE IS FORBIDDEN. IF A TENANT OF THE INNER COURTYARD FORGOT TO CONTRIBUTE TO THE ‘ERUB, THE UNRESTRICTED USE OF BOTH COURTYARDS IS FORBIDDEN. IF THEY DEPOSITED THEIR ‘ERUB IN THE SAME PLACE AND ONE TENANT, WHETHER OF THE INNER COURTYARD OR OF THE OUTER COURTYARD, FORGOT TO CONTRIBUTE TO THE ERUB, THE USE OF BOTH COURTYARDS IS FORBIDDEN. IF THE COURTYARDS. HOWEVER, BELONGED TO SEPARATE INDIVIDUALS THESE NEED NOT PREPARE ANY ‘ERUB. GEMARA. When R. Dimi came he stated in the name of R. Jannai: This is the opinion of R. Akiba who ruled: Even a foot that is permitted in its own place imposes restrictions in a place to which it does not belong, but the Sages maintain: As a permitted foot does not impose restrictions so does not a forbidden foot either. We learned: IF THE TENANTS OF THE OUTER ONE PREPARED AN ‘ERUB BUT NOT THOSE OF THE INNER ONE, THE UNRESTRICTED USE OF BOTH COURTYARDS IS FORBIDDEN. Now whose ruling is this? If it be suggested: That of R. Akiba, the difficulty would arise: What was the point in speaking of a forbidden foot seeing that the same restrictions would also apply to a permitted one? Must it not then be a ruling of the Rabbis? — It may in fact be the ruling of R. Akiba, but the arrangement, it may be explained, is in the form of a climax. We learned: IF THE TENANTS OF EACH COURTYARD PREPARED AN ‘ERUB FOR THEMSELVES, THE UNRESTRICTED USE OF EACH IS PERMITTED TO ITS OWN TENANTS. The reason then is because it PREPARED AN ‘ERUB, but if it had not prepared one, the unrestricted use of both courtyards would have been forbidden. This Tanna then holds that a permitted foot imposes no restrictions and that only a forbidden foot imposes restrictions. Now who is it? if it be suggested that it is R. Akiba, the objection could be raised, did he not lay down that even a permitted foot imposes restrictions? Must it not then be the Rabbis? Furthermore: Since the clause following is the ruling of R. Akiba is it not obvious that the earlier clause does not represent the view of R. Akiba? — All the Mishnah represents the views of R. Akiba but a clause is wanting the correct reading being the following: IF THE TENANTS OF EACH COURTYARD PREPARED AN ‘ERUB FOR THEMSELVES. THE UNRESTRICTED USE OF EACH IS PERMITTED TO ITS OWN TENANTS. This, however, applies only where it made a barrier, but if it made no such barrier the unrestricted use of the outer courtyard is forbidden; so R. Akiba, for R. AKIBA FORBIDS THE UNRESTRICTED USE OF THE OUTER ONE BECAUSE THE RIGHT OF WAY IMPOSES RESTRICTIONS. THE SAGES, HOWEVER, MAINTAIN THAT THE RIGHT OF WAY IMPOSES NO RESTRICTIONS. R. Bebai b. Abaye raised an objection: IF THE COURTYARDS, HOWEVER, BELONGED TO SEPARATE INDIVIDUALS THESE NEED NOT PREPARE ANY ‘ERUB; from which it follows that if they belonged to several persons an ‘erub must be prepared. Is it not thus obvious that a foot permitted in its own place imposes no restrictions and that a foot forbidden imposes restrictions? Rabina, furthermore, raised the following objections: IF ONE OF THE TENANTS OF THE OUTER COURTYARD FORGOT TO CONTRIBUTE TO THE ‘ERUB THE UNRESTRICTED USE OF THE INNER COURTYARD IS PERMITTED BUT THAT OF THE OUTER ONE IS FORBIDDEN. IF A TENANT OF THE INNER COURTYARD FORGOT TO CONTRIBUTE TO THE ‘ERUB, THE UNRESTRICTED USE OF BOTH COURTYARDS IS FORBIDDEN. The reason accordingly is that a tenant forgot, but if he had not forgotten, the use of both courtyards would have been unrestricted. Is it not thus obvious that a foot permitted imposes no restrictions and one forbidden does? — The fact is, Rabin when he came stated in the name of R. Jannai that three different views have been expressed on this question: The first Tanna holds that a permitted foot imposes no restrictions and a forbidden one does; R. Akiba holds that even a permitted foot imposes restrictions; while the latter Rabbis hold that as a permitted foot does not impose restrictions so does not one that is forbidden. IF THEY DEPOSITED THEIR ‘ERUB IN THE SAME PLACE AND ONE TENANT, WHETHER OF THE INNER COURTYARD . . . FORGOT etc. What is meant by THE SAME PLACE? — Rab Judah citing Rab explained: The other courtyard. But why is it described as ‘THE SAME PLACE?’ Because it is a place designated for the use of the tenants of both courtyards.71ᵃᵇᶜᵈᵉᶠᵍʰⁱʲᵏˡᵐⁿᵒᵖᵠʳˢᵗᵘᵛʷˣʸᶻᵃᵃᵃᵇᵃᶜᵃᵈᵃᵉᵃᶠᵃᵍᵃʰᵃⁱᵃʲᵃᵏᵃˡᵃᵐᵃⁿᵃᵒᵃᵖᵃᵠᵃʳᵃˢᵃᵗᵃᵘᵃᵛᵃʷᵃˣᵃʸᵃᶻᵇᵃᵇᵇᵇᶜᵇᵈᵇᵉᵇᶠᵇᵍᵇʰᵇⁱᵇʲᵇᵏᵇˡᵇᵐᵇⁿᵇᵒᵇᵖᵇᵠᵇʳᵇˢ
2So it was also taught: If they deposited their ‘erub in the outer courtyard and one tenant, whether of the outer, or of the inner courtyard, forgot to contribute to the ‘erub, the unrestricted use of both courtyards is forbidden. If they deposited their ‘erub in the inner one and a tenant of the inner one forgot to contribute to the ‘erub, the unrestricted use of both courtyards is forbidden. If a tenant of the outer courtyard forgot to contribute to the ‘erub the unrestricted use of both courtyards is forbidden. This is the view of R. Akiba. The Sages, however, ruled: In this case the unrestricted use of the inner one is permitted through that of the outer one is forbidden. Said Rabbah b. Hanan to Abaye: Why did the Rabbis make a distinction when they laid down that the unrestricted use of the inner courtyard is permitted? Obviously because its tenants can shut its door and so use it. Why then should they not shut its door, according to R. Akiba also, and so use it? — The other replied: The ‘erub causes them to be associated. Does not the ‘erub cause them to be so associated according to the Rabbis also? — The tenants call say: ‘We have associated with you in order to improve our position but not to make it worse’. Why could they not, according to R. Akiba, also say: ‘We have associated with you in order to improve our position but not to make it worse’? — Because the others can reply: ‘We will renounce our rights of entry in your favour’. And the Rabbis? — The tenants of one courtyard cannot renounce their rights in favour of those of another. Must it be assumed that Samuel and R. Johanan differ on the same principle as that on which the Rabbis and R. Akiba differ, Samuel holding the same view as the Rabbis and R. Johanan holding that of R. Akiba? — Samuel can answer you: I may maintain my view even according to R. Akiba, for it is only here, where two courtyards, one within the other, impose restrictions upon each other, that R. Akiba upheld his view, but not there where they do not impose restrictions upon each other. Johanan also can answer you: I may maintain my view even according to the Rabbis, for it is only here that the Rabbis maintain their view, since the tenants of the inner courtyard can say to those of the outer one, ‘Until you make renunciation in our favour you are imposing restrictions upon us’ but not there where one courtyard does note impose restrictions upon the other. IF THE COURTYARDS, HOWEVER, BELONGED, TO SEPARATE INDIVIDUALS etc. R. Joseph stated: Rabbi learned: If they were three they are forbidden. Said R. Bebai to them: ‘Do not listen to him. It was I who first reported it, and I did so in the name of R. Adda b. Ahabah, giving the following as a reason: Since I might describe them as many residents in the outer courtyard’. ‘God of Abraham’, exclaimed R. Joseph. ‘I must have mistaken Rabbin for Rabbi’. Samuel, however, ruled: The unrestricted use of both courtyards is always permitted except where two persons occupied the inner courtyard and one person the outer one. R. Eleazar ruled: A gentile is regarded as many Israelites. But wherein does an Israelite, who imposes no restrictions, essentially differ in this respect? Obviously in this: That he who knows is fully aware of the circumstances, and he who does not know presumes that an ‘erub had been duly prepared. Why then should it not be said in the case of a gentile also: He who knows is fully aware of the circumstances and he who does not know presumes that the gentile has duly let his right of way? — The average gentile, if ever he lets his right, makes a noise about it. Rab Judah citing Samuel ruled: If there were ten houses one within the other, the innermost one contributes the ‘erub, and this is sufficient. R. Johanan, however, ruled: Even the outer one must contribute to it. ‘The outer one’! Is it not like a gate-house? — The outer house of the innermost one was meant. On what principle do they differ? — One Master holds the view that the gate-house of one individual is regarded as a proper gate-house while the other Master holds the view that it is not regarded as a proper gate-house. R. Nahman citing Rabbah b. Abbuha who had it front Rab ruled: If there were two courtyards between which there were three houses, one tenant may come through the one outer house and deposit his ‘erub in the middle one, and another tenant may come through the outer house and deposit his ‘erub in the middle one.ᵇᵗᵇᵘᵇᵛᵇʷᵇˣᵇʸᵇᶻᶜᵃᶜᵇᶜᶜᶜᵈᶜᵉᶜᶠᶜᵍᶜʰᶜⁱᶜʲᶜᵏᶜˡᶜᵐᶜⁿᶜᵒᶜᵖᶜᵠᶜʳᶜˢᶜᵗᶜᵘᶜᵛᶜʷᶜˣᶜʸᶜᶻᵈᵃᵈᵇᵈᶜᵈᵈᵈᵉᵈᶠᵈᵍᵈʰᵈⁱᵈʲᵈᵏᵈˡᵈᵐᵈⁿᵈᵒᵈᵖᵈᵠᵈʳᵈˢᵈᵗᵈᵘᵈᵛᵈʷᵈˣᵈʸᵈᶻᵉᵃᵉᵇᵉᶜᵉᵈᵉᵉ