SigPhi · Tanakh

The Mishnah

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14 Taxgmtherers (Tif. Yis.). With the right to go 2,000 cubits in any direction.

‘If a Sage comes from the east let my Erub be to the east; if from the west let my Erub be to the west; if one comes from both sides let me go to w-hich side I will; if none comes from either side let me be as the people of my town’. R. Judah says: If one of them was his teacher, he should go to his teacher; if both were his teachers, he may go to which side he will.

6. R. Eliezer says: On a Festival-day next to a Sabbath, whether before it or after it, a man may prepare two Erubs and say, ‘Let my Erub for the first day be to the east and that for the second to the west’, [or] ‘Let my first be to the west and the second to the east’, [or] ‘Let my Erub [be valid] for the first day, and for the second [let me be] as the people of my town’, [or] ‘Let my Erub [be valid] for the second day, and for the first [let me be] as the people of my town’. But the Sages say: He prepares Erub for one direction or it is no Erub at all;‘ he prepares Erub for both days or it is no Erub at all. What must he do [that the Erub shall be valid for two days]? On the first day he that brings [the food] w-aits over it until nightfall- when he takes it and goes his way;3 on the second day he [takes it to the Sabbath limit and] waits over it until nightfall and then eats it; thus he secures the benefit both of his journeying and of his Erub.* If [the food] is eaten on the first day it serves as Erub for the first day but not for the second. R. Eliezer said: Ye agree with me that they are accounted two [distinct] times of holiness.

7. R. Judah says: If at the New Year a man feared that [the month] might be intercalated,5 he may prepare two Erubs and say, ‘Let my Erub for the first day be to the east and that for the second day to the west’, [or] ‘Let that for the first day be to the west and that for the second to the east’, [or] ‘Let my Erub [be valid] for the first day, and for the second let me be as the people of my town’, [or] ‘Let my Erub [be valid] for the second day, and for the first let me be as the people of my town’. But the Sages did not agree with him.6 8. Moreover R. Judah said: A man may make conditions about a basket [of fruit]7 on a first Festival-day and eat it on the second. So, too, an egg8 laid on the first day may be eaten on the second. But the Sages did not agree with him.

9. R. Dosa b. Harkinas says: He that goes before the Ark9 on the first Festival-day of the New Year says: ‘Give us strength, O Lord our God, this first day of the month, whether it be to-day or to-morrow’; and on the morrow he says, ‘...whether it be to-day or yesterday’. But the Sages did not agree with him.

1 In opposition to R. Eliezer the Sages regard the two days as a single unit; just as for the Sabbath one Erub cannot be valid for the first half of the day and another for the second half, so, too. when the holy period extends over two days.

2 After which (see 3*) it is effective for the whole of the day which then begins.

3 Back to his home, and preserves it for the following evening.

4 For if the Erub had been lost the first day he would, for the second day, have lacked both the Erub and the right of journeying beyond the Sabbath limit.

5 See R.Sh. 3*. In cases of such delay of evidence of the appearanceof the new moon, the Court added another day to Elul, the last month of the year. The New Year feast was then observed both on the 30th of Eiul and the 1st of Tishri.

6 They ruled that the two days counted as a single continuous sacred period.

7 Of untithed produce. Gem. 39b explains: On the first day he says, If to-day is not holy let thisproduce be Heave-offering for the rest; and if to-day is holy let my words be void, since Tithe and Heave-offering may not be set apart on a holy day. The next day he says. If yesterday was holy and to-day not holy, let what I yesterday designated Heave- offering be Heave-offering for the rest, and if to-day is holy and yesterday was not holy, it is in anywise Heave-offering. And he may then eat of the tithed produce and leave aside the Heave-offering. * See Betz. t*. 9 Cf. Ber. 5J.

126 SECOND DIVISION: MOED 4. i. If a man was taken out [beyond the Sabbath limit] by gentiles or an evil spirit, he may only move within four cubits. If they brought him back again it is as though he had never gone out. If they brought him to another town, or set him in a cattle-pen or a cattle-fold, Rabban Gamaliel and R. Eleazar b. Azariah say: He may traverse their whole [area]; but R. Joshua and R. Akiba say: He may only move within four cubits. It happened when they came from Brundisium1 and when their ship was sailing in the sea, that Rabban Gamaliel and R. Eleazar b. Azariah walked the whole length of the ship, but R. Joshua and R. Akiba did not stir beyond four cubits, since they were minded to apply to themselves the more stringent ruling.

2. Once they did not enter into the harbour until nightfall [on Friday]. They said to Rabban Gamaliel, ‘Is it permissible for us to land?’ He answered, ‘It is permitted; for I have already made observation,2 and we were within the Sabbath limit before nightfall’.

3. If a man went out [beyond the Sabbath limit] on a permissible errand3 and it was then told him that the [needful] act had been done already, he has the right to move within two thousand cubits in any direction; if he was within the Sabbath limit it is as though he had not gone forth; for whosoever goes out to deliver [one that is in danger] may return to his place [of starting], 4. If a man sat down while on a journey [on the eve of the Sabbath] and rose up [after nightfall] and saw that he was near to a town,4 since it had not been his intention5 he may not enter the town. So R. Meir. But R. Judah says: He may enter. R. Judah said: It once happened that R. Tarfon entered [a town in like case] although it had not been his intention [to pass the Sabbath there], 5. If a man fell asleep while on a journey and knew not that night had fallen, he may move within two thousand cubits in any direction. So R. Johanan b. Nuri. But the Sages say: He may only move within four cubits. R. Eliezer says: Himself being in the middle of them. R. Judah says: He may walk in any direction he will. And R. Judah agrees that when once he has chosen [his direction] he may not go back on it.

6. If there were two persons whose [limits of four] cubits in part over¬ lapped one another, they may bring [their food] and eat it in the middle, provided that the one does not put forth what belongs to him into the space pertaining [only] to his fellow. If there were three persons and [the limit of] the middle person was wholly overlapped by [the limit of] the two others, he is permitted [to eat] with them or they with him, but not the two outer persons with each other. R. Simeon said: To what can it be likened? It is like to three courtyards opening the one into the other, and also opening into the public domain. If the two [outer] courtyards made Erub with that in the middle, it is permitted access to them and they to it; but the two outer courtyards are forbidden access the one to the other.

7. If a man was on a journey and darkness overtook him,6 and he recognized a tree or a fence7 and said, ‘Let my Sabbath resting-place be 1 Brindisi. See J. E. v. 560 on the journey of these four on a mission to Rome. Cf. M.Sh.

2 With some simple telescopic device (Gem. 43b) for the calculation of distances. On Rabban Gamaliel’s astronomical knowledge cf. R.Sh. a*.

3 e.g. to bear witness of the appearance of the new moon, or to save life. Cf. below, 8*.

4, fh'n the Sabbath limit. s Of spending Sabbath in that town.

6 Variant: And he feared lest darkness should overtake him.

7 Which he could reach before nightfall, but he was weary and wished to rest where he was (Bert.).

under it’, he has said nothing;1 [but if he said], ‘Let my Sabbath resting- place be at its root’, he may walk from where he stands to its root [up to a distance of] two thousand cubits, and from its root to his house [up to a distance of] two thousand cubits. Thus he can travel four thousand cubits after it has become dark.

8. If he does not recognize [any like landmark] or is not skilled in Halakah,2 and he says, ‘Let my Sabbath resting-place be where I stand’, his position gives him right to travel within two thousand cubits in any direction as [though he was within] a circle. So R. Hananiah b. Antigonus. But the Sages say: As [though he was within] a square, like a square tablet, so that he wins the benefit of the corners.

9. This it is of which they have said, ‘The poor man makes Erub with his feet’.3 R. Meir said: We are concerned with the poor man only. R. Judah says: It is all one whether it is a poor man or a rich man, for they have only enjoined that Erub is made with bread so that it shall be easier for the rich man and that he need not himself go out and make Erub with his feet.

10. If a man went out [with the Erub food] to go to another town4 with which [the people of his town] were making Erub, and his fellow induced him to return, he himself is permitted to go [to the other town on the Sabbath] but all the [other] people of his town are forbidden. So R. Judah. R. Meir says: Whosoever could have made Erub and did not do so, it is like the ass-driver and the camel-driver.5 11. If a man went out beyond the Sabbath limit, even a single cubit, he may not enter again. R. Eliezer says: If [he went out a distance of] two cubits he may enter again, but if three he may not. If darkness overtook a man when only one cubit outside the Sabbath limit he may not enter within it. R. Simeon says: Even if [he was] fifteen cubits [outside] he may enter in, since the surveyors do not measure exactly,6 for the sake of them that act in error.

5. 1. How can the confines of a town be extended? If [among the outer¬ most houses] one house recedes and another projects, if part of the town wall recedes and part projects, or if there are ruins ten handbreadths high or bridges or tomb-monuments7 in which is a dwelling-chamber, the limits of the town are extended so that it shall contain them, and [the area of the town is] shaped like to a square tablet, so that it wins the benefit of the comers.

2. An outer area8 is added to the town. So R. Meir. But the Sages say: They have prescribed an outer area only as between two towns: if to the one [was added a further space of] seventy cubits and two-thirds [and these would then adjoin one another], they may add an outer area for each town, so that they become as one.

1 He must specify a spot confined within four cubits. 2 App. I. 11.

3 Since he cannot send another to set down bread at the Sabbath limit.

* 4,000 cubits away. The two towns would then by means of Erub be within Sabbath range of one another.

s It is in doubt. See 3*. He may have right to profit like the poor man, from having specified the place which he intended to use as his Sabbath base, or he may be restricted like his fellow- townsmen to 2,000 cubits from his home.

6 They mark out the Sabbath limit within the 2,000 cubits for safety’s sake, ‘to keep a man far from transgression’.

2 Shek. 2s; Ohol. 71. Such as the structure east of Jerusalem known as the Tomb of Absalom, which contains such a chamber as is here mentioned.

* See 2’. The 2,000 cubits, according to R. Meir, begin from the bounds of this outer area. But according to the Sages it begins immediately at the actual confines of the town.

128 SECOND DIVISION: MOED 3. So, too, if three villages were arranged trianglewise, and between the two outermost1 there was a distance of one hundred and forty-one cubits and a third, the middle village causes the three of them to be reckoned as one.2 4. They may measure only with a rope fifty cubits long, neither less nor more; and a man may only measure [while holding the end of the rope] over against his heart. If in his measuring he reached a rift or a wall he must take count only of the horizontal span and continue measuring. If he reached a hill he must take the horizontal span [only], and continue measuring, provided that he does not go outside the Sabbath limit.3 If he cannot span it [with the rope] — in this case R. Dositheus b. R. Yannai said in the name of R. Meir: I have heard that they bore through4 hills.

t. They may only measure at the hand of one that is skilled. If his measure in one place exceeded his measure in another, the greater measure is observed. If one measured a greater distance and another measured a lesser distance, the greater distance is observed. Even a bondman and even a bondwoman may be believed when they say,5 ‘Thus far is the Sabbath limit’, since the Sages have not enjoined the rule of the Sabbath limit for the sake of stringency but for the sake of leniency.

6. If a town6 having a single owner was made into a town having many owners it can all be included in a single Erub\ but if a town having many owners was made into a town having a single owner it may not be included in a single Erub unless there was a residue outside it,7 like the town of Hadashah in Judea, wherein are fifty inhabitants. So R. Judah. R. Simeon says: Three courtyards having each two houses.

7. If [on the Sabbath] a man was in the east and he had said to his son [on the eve of the Sabbath], ‘Make me Erub to the west’, or if he was in the west and he had said to his son, ‘Make me Erub to the east’, and the distance between him and his house was two thousand cubits, and between him and his Erub more than this, [the road] to his house is permitted, but that to his Erub is forbidden. If the distance to his Erub was two thousand cubits, and that to his house more than this, [the way] to his house is forbidden and that to his Erub permitted. If a man put his Erub within the confines8 of the city, he has done nothing. If he put it even a cubit beyond the limit [of the city’s confines] he loses [in one direction] what he gains [in another].

8. The people of a large town may traverse the whole of a small town but the people of a small town may not] 0 traverse the whole of a large town. 1 1 1 Those at the ends of the longest side of the triangle.

2 e.g. the village A forming the triangle’s apex (if less than 2,000 cubits from either of the others) is to be regarded as placed between the two, B and C, at the base. If then between A and B and between A and C the distance (disregarding the contained area of the villages) is not more than 141J cubits in either case, the three can be considered one (Tif. Yis.).

3 Lest they that see him suppose the limit to extend thus far.

4 Metaphorical for taking the net horizontal distance. Gem. 58b explains how in measuring over a steep incline they used a short rope, one man holding one end to his heart and another, higher up, holding it horizontally at foot-level; the process is then continued through the entire incline. s Cf. Ket. 21*.

" The subject is suddenly changed from the Erub of Sabbath limits to the Erub of court¬ yards and streets within a town.

7 So that it shall not be forgotten that only by means of Erub is it permissible to move burdens from house to house or from courtyard to courtyard.

8 Within the seventy cubits and two-thirds of the 'outer area’.

9 All of which falls within the large town’s Sabbath limit. la Omitted in some texts.

11 But only (unless they have made Erub) to the limit of their 2,000 cubits.

Thus1 if a man was in a large town and he put his Erub in a small town, or if he was in a small town and he put his Erub in a large town, he may walk through the whole of it and two thousand cubits beyond. R. Akiba says: He may walk only within two thousand cubits from the place of his Erub.

9. R. Akiba said to them: Do ye not agree with me that if a man put his Erub in a cave he can only walk within two thousand cubits from his Erub? They replied: This applies if none dwelt therein; but if any dwelt therein he may walk through the whole of it and two thousand cubits beyond. Thus it is less stringent for him within the cave than [if he had put his Erub] above it. As to the measurer of whom they have spoken, he is allowed only two thousand cubits, even if the end of his allotted measure expires in a cave.

6. 1. If a man lived in the same courtyard with a gentile or with one that does not admit [the lawfulness of] Erub,2 this restricts him [from the use of the courtyard].3 R. Eliezer b. Jacob says: He can never suffer restriction unless it is two Israelites that restrict each other.

2. Rabban Gamaliel said: A Sadducee once lived with us in the same alley in Jerusalem and my father4 said to us, ‘Hasten and put out all the [needful] vessels in the alley before he brings out5 [his vessels] and so restricts you’. R. Judah recounts [the tradition] in other fashion: ‘Hasten and do what is needful6 in the alley, before [the eve of Sabbath] is ended and he so restricts you’.

3. If one of them that lived in the courtyard forgot to take part in the Erub, his house is forbidden both to him and to them for taking [a burden] in or out; but their houses are permitted both to him and to them. If they had given him right of access to their houses he is permitted [to take aught in and out of his house and the courtyard] but they are forbidden. If there were two [that forgot], each restricts the other, since one person can give and one person can take the right of access; whereas two can give the right but not take the right.

4. When can they give right of access? The School of Shammai say: While it is yet day. And the School of Hillel say: After it has become dark. If a man had granted the right of access and then took aught out, whether by error or wantonly, this restricts [the other]. So R. Meir. R. Judah says: If wantonly, it restricts; but if in error, it does not restrict.

5. If a householder was a jointholder with his neighbours,7 with the one in wine and with the other in wine, they need not make Erub\ but if he was a jointholder with one in wine and with the other in oil, they must make Erub. R. Simeon says: In neither case need they make Erub.

1 But it does not proceed to an explanation of what goes before. Gem. 61a points out that there is a lacuna here, and that (keeping the ‘not’ of the previous sentence, and omitting ‘thus’) we should read: ‘This applies only to him who measures the Sabbath limit, but if a man...’. This accounts for the reference to the ‘measurer’ in the next paragraph.

1 See above, 3*.

1 See above, 3*.

3 Some texts add: ‘So R. Meir’. The courtyard space is held in common by the surround¬ ing householders. Unless by means of Erub they all combine to form a single ‘family’, making the whole, houses and courtyard, into a single domain, the householders are ‘restricted’ in that they cannot move anything from the house into the courtyard, or from the courtyard into the house. If one of the householders is a gentile the others must, for the Sabbath, rent from him his right in the courtyard. 4 Rabban Simeon b. Gamaliel.

3 Thereby asserting his own right. The Sadducee is to be reckoned with as a dissentient Jew. 6 Pay him rent for his right in the courtyard. He is to be regarded as a gentile, 7 e.g. if they all possessed a stock of wine in common.

130 SECOND DIVISION: MOED 6. If five companies kept the Sabbath in the same eating-hall,1 the School of Shammai say: Erub is needful for each company.2 And the School of Hillel say: One Erub suffices for all. But they agree that if some of them occupied rooms or upper chambers,3 an Erub is needful for each company.

7. If brothers4 ate at their father’s table but slept in their own houses, s Erub is needful for each. Therefore if one of them forgot to take part in the Erub he must forego his right. This applies when their Erub is taken to some other place; but if the Erub is brought to them, or if they alone occupy the courtyard, they need not make Erub.

8. If there were five courtyards opening into each other and also opening into the alley,6 and they made Erub in the courtyards7 but did not make Shittuf in the alley, they are unrestricted in the courtyards but restricted in the alley; but if they made Shittuf in the alley they are un¬ restricted in both. If they made Erub in the courtyards and Shittuf in the alley, but one of the occupants of a courtyard forgot to take part in' the Erub, they are [still] unrestricted8 in both. If one of the occupants of the alley forgot to take part in the Shittuf, they are unrestricted in the court¬ yards but restricted in the alley, since the alley to the courtyards is as the courtyard to the houses.

9. If there were two courtyards one within the other9 and [the occupants of] the inner one made Erub but not [they of] the outer one, the inner one is unrestricted but the outer one is restricted. If the outer one made Erub but not the inner one, both are restricted. If they each made Erub for themselves, each is unrestricted as regards themselves. R. Akiba restricts the outer courtyard since the right of thoroughfare restricts it. But the Sages say: The right of thoroughfare does not restrict it.

10. If an occupant of the outer courtyard forgot to take part in the Erub, the inner courtyard is unrestricted but the outer one is restricted. If an occupant of the inner courtyard forgot to take part in the Erub they are both restricted. If they made their Erub in the same place, and an occupant of either the inner or the outer courtyard forgot to take part in the Erub, they are both restricted. But if each courtyard has but a single owner they do not need to make Erub [with one another], 7. 1. If there was a window [in the dividing wall] between two courtyards four handbreadths square and within ten handbreadths [from the ground], they may make Erub singly or, if they wish, they may make Erub jointly. If the window was less than four handbreadths square, or higher than ten handbreadths, they must make Erub singly and may not make Erub j<. rntly.

2. If there was a wall between two courtyards, ten handbreadths i;’gh and four thick, they must make Erub singly and may not make Erub jointly. If produce was found thereon, they may climb up on either side and eat thereof provided that they do not bring it down. If there was a gap in the wall less than ten cubits, they may make Erub singly or if they will < Triclinium. See B.B. 6*. Explained as a large room subdivided into cubicles, one to each company, each cubicle having; separate access to the courtyard.

1 i.e. each company must contribute towards providing the loaf for the Erub.

3 Wholly isolated. 4 Some texts add: ‘that were jointholders’.

5 Within the same courtyard, 6 See p. 121, n. 12. 7 Rendering all five a unity.

* He has still a share in the Shittuf. The Erub in the courtyards is not essential when Shittuf of the alleys has been prepared. See 7*.

9 The outer one opening into the public domain and the inner one having right of way through the outer one.

they may make Erub jointly, since it is, as it were, a doorway. If the gap was greater they may make Erub jointly and need not make Erub singly.

3. If there was a trench between two courtyards, ten handbreadths deep and four wide, they must make Erub singly and may not make Erub jointly, even though it was filled up with straw or chopped hay. If it was filled up with earth or small stones they may make Erub jointly and need not make Erub singly.

4. If a board was set across it, four handbreadths wide (so, too, if there were two balconies opposite one another'), they may make Erub singly or if they will they may make Erub jointly. But if the board was narrower they must make Erub singly and may not make Erub jointly.

5. If a heap of straw, ten handbreadths high, separated the two court¬ yards they must make Erub singly and may not make Erub jointly. These may feed their cattle from the one side and the others from the other side. If the [heap of] straw was reduced to less than ten handbreadths, they may make Erub jointly and need not make Erub singly.

6. How do they prepare Shitiuf in the alley?2 One sets down a jar3 and says, ‘This belongs to all the occupants of the alley’, and he may thus grant possession to them through a man’s son or daughter that are of age, or through his Hebrew bondman or bondwoman, or his wife; but he may not thus grant possession through a man’s son or daughter that are minors or through hisCanaanite bondman or bondmaid, since their hand is as his hand.

7. If the food [in the jar] has grown less than the prescribed quantity he must add to it and grant possession [to the others of this also]; but he need not repeat the declaration; but if the occupants of the alley become more in number, he must add more to the food and grant them possession and repeat the declaration.

8. What is the prescribed quantity? When the people are many, there should be enough for two meals for each one;+ When they are few, a dried fig’s bulk (such as it is lawful to carry out on the Sabbath) for each one.

9. R. Jose says: This applies only when the Erub is first prepared; but for what is afterward added to the Erub the quantity may be aught soever, since they have only spoken of making Erub in the courtyards so that the children should not be suffered to forget.

10. Erub or Shittuf may be made from any food save water or salt. So R. Eliezer. R. Joshua says: A [whole] loaf is the [proper] Erub;5 a baking of one seah6 of flour, if but part of a loaf, may not be used for Erub. A loaf costing one issar,7 if it is a whole loaf, may be used for Erub.

11. A man may give a maah 8 to a wine-seller or a baker to secure for him a share in an Erub. So R. Eliezer. But the Sages say: His money [alone] cannot secure for him a share.9 But they agree that with any others10 his money can secure for him a share. Moreover none may make Erub for another save only with his consent. R. Judah said: This applies only to Erub of Sabbath limits; but for the Erub of courtyards they may make Erub with or without his consent, since they may act to another’s advantage in his absence, but not to his disadvantage in his absence."

1 And a board connected them.

1 To form, for purposes of the Sabbath, a single domain of the street and courtyards opening into it. » Containing any food, excepting water or salt (see above, »').

♦ Defined as eighteen times the bulk of a dried fig. 5 Of courtyards.

6 App. II, D. 7 App. II, A. 8 App. II, A.

• Payment of money is not enough to secure title to property. See p. 353, n. 1.

,0 If he had so spoken to any excepting bakers. " Cf. Gitt. 1*.

SECOND DIVISION: MOED 8. x. How do they prepare Shittuf at the Sabbath limits? They set down a jar and say, ‘Let this be for all the people of my town, for any that would go to a house of mourning or to a houseof feasting’.1 All that accept it while it is yet day, to them it is permitted; but if [they accept it only] after night¬ fall, to them it is forbidden, since none may make Erub after nightfall.

2. What is its prescribed quantity? Food for two meals for each one: fare such as he would eat on weekdays and not on the Sabbath.2 So R. Meir. But R. Judah says: Such as he would eat on a Sabbath and not on weekdays. And they were each minded to give the more lenient ruling. R. Johanan b. Beroka says: [Not less than] one loaf worth a portdion3 from wheat costing one sela 3 for four seahs.4 R. Simeon says: Two-thirds of a loaf of [a size] three to the kab,s The half of it [is the quantity prescribed] in what concerns a house afflicted with leprosy,0 and the half of its half [is the quantity which, if unclean,] renders the body unfit [to consume Heave-olferingJ.7 3. If they that dwell in a courtyard and they that dwell in the gallery [above the courtyard] forgot to make Erub, then what is higher than ten handbreadths pertains to the gallery, and what is lower than this to the courtyard. A bank around a cistern, or a stone, if higher than ten hand- breadths,8 pertains to the gallery; but if lower than this, to the courtyard. This applies only to what adjoins [the gallery]; if it is separate, even if higher than ten handbreadths, it pertains to the courtyard. And what is that which ‘adjoins’? Aught that is not farther than four handbreadths.

4. If a man put his Erub9 in a gate-house, portico, or gallery, it is not a [valid] Erub; and none that dwells therein can restrict him. [If he put it] in a straw-shed or cattle-shed or wood-shed or store-house, it is a [valid] Erub, and one that dwells therein can restrict him. R. Judah says: If the householder has there a right of storage, the other cannot restrict him.

5. If a man left his house and went to keep Sabbath in another town, whether he was a gentile or an Israelite, [his house] restricts [the other occupants of the courtyard].10 So R. Meir. R. Judah says: It does not restrict.11 R. Jose says: [The empty house of] a gentile restricts, but [that of] an Israelite does not restrict, since it is not the custom of an Israelite to return on the Sabbath. R. Simeon says: Even if he left his house and went to keep the Sabbath with his daughter in the same town, it does not restrict, since he has already banished from his mind [the intention of returning].