Eruvin

and of which they do not taste the fruit;1 and Samuel said: One, for instance, concerning which the priests2 say: "These dates are for the beer of the temple of Nizrefe"3 since they drink it on their festival day;4 and5 the elders of Pumbeditha told me: The law is in agreement with Samuel’. An objection was raised:6 How is shittuf in an alley effected? A jar of wine, oil, dates, dried figs or any other kind of fruit is brought there. If it is his own7 he must8 transfer possession to all the residents;9 and if it is theirs he must uniform them,10 and then one11 raises it slightly12 from the ground!13 — By the expression ‘slightly’ also a handbreadth was meant. It was stated: The food for the shittuf of alleys, Rab ruled, requires no transfer of possession, and Samuel ruled: It does require transfer of possession. As regards the food for an ‘erub of Sabbath limits, Rab ruled: Transfer of possession is required and Samuel ruled: Transfer of possession is not required. Samuel's view14 can well be justified, since we have learnt the one15 and have not learnt the other.16 What, however, Is the justification for Rab's view?17 — The question of transfer is a point at issue between Tannas.18 For Rab Judah related in the name of Rab: The daughter-in-law of R. Oshaia was once overtaken by dusk when she went19 to a bath house20 and her mother-in-law prepared for her an ‘erub.21 R. Hiyya to whom the incident was reported forbade her return.22 Babylonian’,23 said R. Ishmael son of R. Jose to him, ‘are you so strict about the laws of ‘erub.22 Thus said my father: Wherever you see an opportunity of relaxing the laws of ‘erub seize it’.24 And when the question was raised: ‘Was the ‘erub prepared out of her mother-in-law's food and the reason [for the prohibition]25 was that she26 did not transfer possession to her27 or was it rather that it was prepared out of her own26 food and the reason for the prohibition25 was that it was done without her27 knowledge?’ One of the Rabbis, whose name was R. Jacob, told them: ‘It was explained to me by R. Johanan that the ‘erub was prepared out of her mother-in-law's food and that the reason for the prohibition was that she did not transfer possession to her’. 28 R. Zera requested R. Jacob son of Jacob's daughter:29 When you arrive in Palestine30 make a detour to visit31 the Ladder of Tyre and ask R. Jacob b. Idi [his version of the incident].32 ‘Was the ‘erub’, he asked him [in due course], ‘prepared out of her mother-in-law's food and the reason for the prohibition was that she did not transfer possession to her or was it rather that it was prepared out of her own food and the reason for the prohibition was that it was done without her knowledge?’ ‘The ‘erub’, the other replied: ‘was prepared out of her mother-in-law's food and the reason for the prohibition was that she did not transfer possession to her’. 33 R. Nahman stated: We have a tradition that both in the case of ‘erubs of Sabbath limits and in that of shittuf of alleys possession must be transferred.35 R. Nahman, however, enquired: Is it necessary or not to confer possession in the case of an ‘erub of dishes?36 — ‘Why’, remarked R. Joseph, ‘did he ask this question? Did he not hear the ruling laid down by R. Nahman b. K. Adda in the name of Samuel that an ‘erub of dishes must be conferred [upon those who are to benefit from it]?’ — ‘It is obvious’, Abaye retorted: ‘that he did not hear it; for had he heard it what was the point of his asking?’ — ‘Did not Samuel rule’, the first replied: ‘that in the case of ‘erubs of Sabbath limits possession need not be conferred and he nevertheless ruled that possession must be conferred?’37 — ‘What a comparison!38 His ruling may well be justified there,39 since Rab and Samuel are at variance on the point and he desired to inform us that we must adopt the restrictions of the one Master as well as those of the other Master, but in this case,40 seeing that no one disputes Samuel's ruling41 would he, if he had heard it, have asked his question?’ 42 34 A certain superintendent43 of the town armory lived in the neighbourhood of R. Zera, and when [the Israelite residents] asked him to let his share44 to them he refused.45 They, thereupon, came to R. Zera and asked him whether it would be permissible to rent it from his46 wife. ‘Thus’, he replied: ‘said Resh Lakish In the name of a great man (and who is it? — R. Hanina): A wife may prepare all ‘erub without her husband's knowledge’. A certain superintendent43 of the town armory lived in the neighbourhood of R. Judah b. Oshaia. ‘Will you’, the Israelite residents asked him, ‘let your share to us?’ He refused. They proceeded to R. Judah b. Oshaia and asked him whether it was permissible to rent it from his46 wife, but he was unable to supply the information.47 They then proceeded to R. Mattena who also was unable to supply it.47 When they finally came to Rab Judah he told then), ‘Thus said Samuel: A wife may prepare an ‘erub without her husband's knowledge’. An objection was raised: If women prepared an ‘erub or arranged shittuf without their husbands’ knowledge there is no validity either in their ‘erub48 or in their shittuf?49 — This is no difficulty, since one50 deals with a person who imposes restrictions, while the other51 deals with one who does not impose restrictions.52 This explanation53 may also be supported by a process of reasoning, since a contradiction would otherwise arise between two rulings of Samuel.54 For Samuel ruled: ‘If one of the residents of an alley, who usually joins the other residents in shittuf refused to join then, the residents may55 enter his house and collect his contribution to the shittuf by force’, [from which56 it follows that this57 applies only to] one who usually [joins his neighbours in the shittuf]58 but not to one who did not.59 This is conclusive. May it be suggested that the following provides support to his view:60 A resident may be compelled to provide a side-post and a cross-beam for an alley? idolatry. ‘erub’ is invalid (supra 49a), all the residents must have an opportunity of expressing consent or disapproval. Unless they had such all opportunity the shittuf is invalid since it is possible that they would object to allow each other the full benefit of their respective shares. a full handbreadth from the ground? Sabbath limits is one in dispute between the Tannas R. Hiyya and R. Ishmael. Rab, by adopting the view of the former, may, therefore, maintain it though it is contrary to a Mishnah. As to his view on shittuf which is contrary to our Mishnah the explanation might be that Rab is regarded as a Tanna who may well differ from a Mishnah. V. Tosaf. a.l. for another interpretation. whose favour it is prepared to cook, light candles and perform all other necessary services for the Sabbath on the festival day. In the absence of such an ‘erub no kind of preparatory work for the Sabbath is allowed on a festival day. possible that he did hear his view on that of ‘erubs of dishes also but did not accept it? in the habit of using the latter and not the former. In such circumstances no restrictions are imposed on the alley in question. Samuel may well be reconciled with the one cited in his name by Rab Judah. If, however, no such distinction is drawn and no emphasis is laid on ‘usually joins’, a contradiction would arise between the two rulings of Samuel himself.