Eruvin

The tenants on either side1 may move their objects2 to the very foundation of the wall.3 The ruling of Rab, however, was not explicitly stated but was arrived at by implication. For Rab and Samuel were once sitting in a certain courtyard when a parting wall4 collapsed.5 ‘Take a cloak’, said Samuel to the people, ‘and spread it across,6 and Rab turned away his face.7 ‘If Abba8 objects’, Samuel told them, ‘take his girdle and the with it’.9 Now according to Samuel's view, what need was there for this,9 seeing that he ruled: ‘The tenants on either side may move their objects to the very foundation of the wall’? — Samuel did that merely for the sake of privacy. If Rab, however, held that this was forbidden,10 why did he not say so to him?11 The place was under Samuel's jurisdiction. If so, why did he turn away his face? — In order that it might not be said that he held the same opinion as Samuel.12 MISHNAH. IF THERE WAS A BREACH IN A WALL BETWEEN A COURTYARD13 AND A PUBLIC DOMAIN, ANY MAN WHO BRINGS ANY OBJECT FROM THE LATTER INTO A PRIVATE DOMAIN OR FROM A PRIVATE DOMAIN INTO IT IS GUILTY OF AN OFFENCE;14 SO R. ELIEZER. THE SAGES, HOWEVER, RULED: WHETHER A MAN CARRIED AN OBJECT FROM IT INTO THE PUBLIC DOMAIN15 OR FROM THE PUBLIC DOMAin INTO IT HE IS EXEMPT16 BECAUSE IT HAS THE SAME STATUS AS A KARMELITH.17 GEMARA. As to R. Eliezer, does it18 become a public domain because there was a breach between it and the public domain? Yes; R. Eliezer follows his view, it having been taught: R. Judah citing R. Eliezer said: If the public chose a path for themselves,19 that which they have chosen is theirs.20 But this cannot be right,21 for did not R. Giddal citing Rab explain: This applies only to a case where their path had been lost22 in that field?23 And Should you reply that here also24 it is a case where their path25 had been lost in that courtyard,26 surely, [it could be retorted], did not R. Hanina state, ‘The dispute27 referred to [all the courtyard] as far as the position of its walls’?28 Read: The dispute concerned only the position of the wall.29 And if you prefer I might reply: Their dispute27 refers to the status of the sides of a public road, R. Eliezer holding that30 the sides of a public road are like the public road while the Rabbis31 hold that the sides of a public road are not like the public road. Why then did they not express their difference of opinion in respect of the sides of public roads generally? — If they had expressed their difference of view in respect of the sides of public roads generally it might have been assumed that the Rabbis; differed from R. Eliezer only32 where there were border-stones33 but where there were no border-stones they agree with him,34 hence we were informed35 [that even in the latter case they also differ from him]. But did he not say: FROM IT?36 — As the Rabbis used the expression FROM IT he also used a similar expression. As to the Rabbis however, how is it that37 R. Eliezer speaks of the sides of a public road and they retort to him FROM IT?36 — It is this that38 the Rabbis said to R. Eliezer: You agree with us, do you not, that where a man moved an object from it into a public domain or from a public domain into it he is exempt because it is a karmelith, well the same law should apply to39 the sides40 also. And R. Eliezer?41 There42 not many people tread on the spot but here43 they do. MISHNAH. IF A BREACH WAS MADE44 IN TWO SIDES OF A COURTYARD TOWARDS A PUBlic DOMAIN, AND SO ALSO IF A BREACH WAS MADE IN TWO SIDES OF A HOUSE, OR IF THE CROSS-BEAM45 OR SIDE-POST45 OF AN ALLEY WAS REMOVED, THE OCCUPIERS ARE PERMITTED THEIR USE FOR THAT SABBATH BUT FORBIDDEN ON FUTURE SABBATHS; SO R. JUDAH. R. JOSE RULED: IF46 THEY ARE PERMITTED THEIR USE ON THAT SABBATH THEY ARE ALSO PERMITTED ON FUTURE SABBATHS AND IF46 THEY ARE FORBIDDEN (IN FUTURE SABBATHS THEY ARE ALSO FORBIDDEN ON THAT SABBATH. GEMARA. With what kind of breach do we deal?47 If it be suggested: With one that was not wider then ten cubits,48 wherein, then, [it may be objected, does a breach] in one side differ [in such a case from breaches in two sides? Is it] that it49 may be regarded as a50 doorway, [should not breaches]49 in two sides also be regarded as doorways?51 If, however, the breach spoken of47 was52 wider than ten cubits, [should not the same restrictioss53 apply] even where it was only in one side? Rab replied: The fact is [that the breach spoken off was] not wider than ten cubits 54 began the permissibility remains in force until the conclusion of the day. each other. courtyards to one another, caused also the respective tenants to impose restrictions upon each other, in consequence of which it was forbidden to move the cloak from its place to the gap. than ten handbreadths wide. be further discussed in the Gemara infra. path so do they acquire the courtyard. authorization of a court, the public are entitled to make their own choice. This, however, does not prove that they can also appropriate a courtyard in which they have lost nothing. extended beyond the limits which the tenants of the courtyard claim as the original position of the wall, and it is this spot, not all the courtyard, that R. Eliezer regards as a public domain. fewer people can only be regarded, as a karmelith. wall.