Soncino English Talmud
Eruvin
Daf 93b
All embankment five handbreadths high and a partition on it five handbreadths high are not combined1 since it is necessary2 that the entire height3 shall be contained either in the embankment or in the partition. b An objection was raised: If there were two courtyards one higher than the other, and the upper one is ten handbreadths higher than the lower one, or has4 an embankment fGve handbreadths high and a partition five handbreadths high, two separate ‘erubs may be prepared5 but not one.6 If it7 was lower, only a single ‘erub6 may be prepared but not two ‘erubs!8 — Raba9 replied: R. Hisda agrees10 in the case of the lower courtyard, since its tenants can see a frontage of ten handbreadths.11 If so, [should not the tenants of] the lower [courtyard]12 prepare an ‘erub13 [as in the case of] two [separated courtyards] but not a single one,14 while those of the upper one15 should neither prepare a single one16 [for the two courtyards] nor17 one for themselves alone?18 — Rabbah19 b. Ulla replied: [This20 deals with a case,] for instance, where the upper courtyard had rims21 [that left a gap]22 not wider than ten cubits.23 If so, read the final clause: ‘If it was lower,24 only a single ‘erub may be prepared but not two should not the tenants be allowed to prepare one ‘erub if they wished25 or, if they preferred it, two? — Rabbah son of Raba replied: This26 deals with a case, for instance, where the gap extended along a whole side of the lower courtyard.27 If so should not the tenants of the lower one be allowed to prepare a single ‘erub [jointly]28 but not one for themselves alone29 while those of the upper one should be allowed, if they wished it, to prepare an ‘erub for themselves alone29 or, if they preferred it, a single ‘erub jointly?30 — This is so indeed, and the ruling,31 ‘If it was lower, only a single ‘erub may be prepared but not two’ applies to the tenants of the lower one. Amemar made the following exposition: An embankment five handbreadths high and a partition on it five handbreadths high are combined.32 When Rabina met R. Aha son of Raba he asked him, ‘Did the Master learn anything about a partition?’33 the other replied: ‘No’; and the law is that an embankment five handbreadths high and a partition on it five handbreadths high are combined.32 R. Hoshaia34 enquired: Do tenants who arrive35 on the Sabbath36 impose restrictions? — R. Hisda37 replied: Come and hear: IF THE FULL WIDTH OF A WALL OF A SMALL38 COURTYARD WAS BROKEN DOWN39 SO THAT THE YARD FULLY OPENED INTO A LARGE38 COURTYARD, THE USE OF THE LARGER ONE IS PERMITTED, BUT THAT OF THE SMALLER ONE IS FORBIDDEN BECAUSE THE GAP IS REGARDED AS A DOORWAY TO THE FORMER.40 Is it not possible to assume’, Rabbah objected, ‘that the breach occurred while it was yet day?’41 Said Abaye to him, Do not say: Master, ‘It is possible to assume’ but rather, ‘It is ‘certain that the breach occurred while it was yet day’, for, surely, it was the Master himself who stated: ‘I enquired of R. Huna and also of Rab Judah as to what was the law where an ‘erub was laid in reliance on a certain door and that door was blocked up, or on a certain window and that window was stopped up? And each replied: Since permission for that Sabbath was once granted the permissibility continues until the conclusion of the day’.42 It was stated: If a wall between two courtyards43 collapsed,44 Rab ruled, it is permitted to move objects within four cubits only,45 but Samuel ruled: enclosure round a private domain. then could R. Hisda maintain that they are not combined? gave his ruling. handbreadths high. The upper courtyard is thus separated from the lower one by both a valid partition and a doorway while the latter is separated from it completely by a valid partition. Hence the ruling that one imposes no restrictions on the other and that two separate erubs must be prepared. A joint ‘erub, however, is not allowed on account of the valid partition of the lower one. the embankment, must obviously refer to the partition at the ‘gap’. ten cubits, so that the tenants of the latter, in the absence of a joint ‘erub, impose restrictions on the tenants of the former. other. each group of tenants was allowed the use of its own courtyard.
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