Eruvin

Could R. Johanan have made such a statement,1 seeing that R. Johanan laid down that the halachah is in agreement with an anonymous Mishnah, and weÊlearned:2 If aïwalà between two courtyards was ten handbreadths high and four handbr‰adths thick, two ‘eru·s may be prepared but not one. If there was fruit on the top of it, the tenants on either side may cli€b up and eat there, provided they do not carrywit down?3 — The meaning of ‘down’ is4 ‘down into the houses’.5 But did not R. Hiyya learn: Provided neither of the tenants6 stands in his place7 and eats?8 — The other replied: Since9 Rabbi10 has not taught this ruling11 whence could R. Hiyya12 know it! Iô was stated: If there were two courtyards with a ruin13 between them and the tenants of the one prepared an ‘erub14 and the tenants of the other did not prepare one,15 [the ruin] said R. Huna, is to be assigned16 that courtyard for which no ‘erub had been prepared,17 but not to the one for which an ‘erub had been prepared, since the tenants of the latter might be tempted to carry objects18 from their houses into the ruin.19 Hiyya b. Rab, however, said:20 It21 is also assigned to the courtyard for which an ‘erub had been prepared, and both, therefore,22 are23 subject to restrictions.24 For wereXyou to suggest that both are exempt from restrictions,25 why [I would ask,] is not26 a courtyard for whic— no ‘erub had been prepared assigned27 to the courtyard for which one had been prepared?28 — [No].29 In that case30 since the objects from the houses are safe31 ÿn the courtyard one might carry [many of them) thither];32 but here in the case of a ruin, since the objects from the houses are not safe in a ruin, no one would carry many of them thither.33 Others read: Hiyya b. Rab said: It34 is also assigned to the courtyard for which an ‘erub had been prepared; and both, therefore,35 are36 free from restrictions. For should you insist that both are subject to restrictions37 since38 a courtyard for which no ‘erub had been provided is not assigned to the one for which one had been provided,39 [it can be retorted]: In that case,30 since the objects from the houses are safe31 in the courtyard the Rabbis did not relax the restrictions because otherwise people might carry them out.40 In a ruin, however, they are not safe.41 MISHNAH. IF A LARGE ROOF WAS CLOSE TO A SMALLER ROOF42 THE USE43 OF THE LARGER ONE IS PERMITTED44 BUT THAT OF THE LESSER ONE IS FORBIDDEN.45 IF THE FULL WIDTH OF A WALL OF A SMALL46 COURTYARD WAS BROKEN DOWN SO THAT THE YARD FULLY OPENED INTO A LARGE47 COURTYARD, THE USE OF THE LARGER ONE48 IS PERMITTED,49 BUT THAT OF THE SMALLER ONE48 IS FORBIDDEN, BECAUSE THE GAP IS REGARDED AS A DOORWAY TO THE FORMER.50 GEMARA. What was the point51 in teaching52 the same principles twice?53 According to Rab's view,54 this55 was intended to teach us that a ROOF is subject to the same limitations as a COURTYARD: As in a courtyard the walls are distinguishable56 SO must the walls be distinguishable in the case of a roof also;57 and according to Samuel's view58 a no ROOF was meant to be compared to a COURTYARD: As a courtyard is a place upon which many people tread so must a roof59 be one on which many people tread.60 Rabbah and R. Zera and Rabbah son of R. Hanan61 were sitting at their studies, Abaye sitting beside them, and in the course of their session they argued as follows: From our Mishnah it may be inferred that the occupiers of the larger one influence the rights of those of the lesser but those of the latter do not influence those of the former. If, for instance,62 vines were planted in the larger one, it is forbidden to sow in the lesser one,63 and if it was sown, the seeds are forbidden; and separate ‘erub were prepared for each. forbidden to carry any object from one courtyard into another; and this ruling, since it is contained in all anonymous Mishnah, must, according to R. Johanan, represent the halachah. Now, if it is granted, as Rab maintained Supra, that a distinction is drawn between courtyards for each of which a separate ‘erub had been provided and courtyards for which none had been provided, the Mishnah cited can be explained to refer to courtyards of the former class; but if no distinction is drawn and R. Simeon, according to R. Johanan's interpretation, regards all courtyards as one domain in either case, how is this rule to be reconciled with the Mishnah? not only into the houses but also from one courtyard into the other. adjoining houses or to another person. may be carried into it. R. Huna, a disciple of Rab, follows his master's principle (supra 91a). ‘erub had been prepared to the one for which an ‘erub had been prepared. that even from the courtyard in which an ‘erub had been prepared the moving of objects into the ruin is permitted. no ‘erub had been prepared but not where one had been prepared’. with those of the courtyard and carried like them to the next courtyard. Hence the restriction. preventive measure was considered necessary. The case of the ruin, therefore, is no criterion for that spoken of by R. Simeon, and it may well be maintained, as suggested, that in the former case both are free from restrictions’. from the houses with those from the courtyard and the carrying of the former like the latter into the next courtyard (cf supra p. 636, n. 18). roof (cf. supra n. 3), by the rule of upward extension, forms side-posts to the middle section common to both roofs which, being no bigger than ten cubits (cf. loc. cit.), is regarded as a doorway of the larger roof. use, forbidden. roof. indistinguishable from above. Glos. s.v. kil'ayim).