Anything may be used as a lechi, even a living thing. R. Yossi forbids it, [fearing that it might die and no longer be ten tefachim high, and people, not noticing it, continue to rely upon it.] And it (a living thing) renders unclean by reason of golel ("top-stone"). [If he made it the golel of a grave, it always renders unclean if touched by a man or vessels, as a tent over a dead body, even if it were taken from there, it being written (Numbers 19:16): "And all that touch on the face of the field one slain by the sword, etc.", which is expounded to include golel and dofek (grave-frame). "Golel" is the grave cover.] R. Meir rules it clean. [The rationale pf R. Meir: Any partition which stands by virtue of a living spirit is not a partition. This is not the halachah.] And divorces may be written upon it (an animal). R. Yossi Haglili rules it unfit, [it being written (Deuteronomy 24:1): "Then he shall write her a scroll of divorce." Just as a scroll has no living spirit, so, all that has no living spirit (is valid as a divorce). And the rabbis? (They would say:) If it were written: "And he shall write to her in a scroll," it would be as you say. But now that it is written: "He shall write her a sefer," sippur devarim, "relating of words" (of divorce) is what is intended. The halachah is in accordance with the first tanna. And if he wrote her a divorce on the horn of a cow and gave her the cow, in which instance it does not require cutting off after being written, it is kasher. But if he did not give her the cow, but only the horn, since he must cut if off, she is not divorced with it.]
Bartenura on Mishnah Eruvin
ורבי יוסי פוסל – for we suspect lest it die, and it would not be ten [handbreadths] high, and doesn’t give his attention and relies upon it.
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English Explanation of Mishnah Eruvin
Introduction
This mishnah discusses the material which can be used to make the side-posts.
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Bartenura on Mishnah Eruvin
ומטמא משום גולל – if they made it a stone placed on top of a burial cave it defiles forever and if a person or utensils came in physical contact with it, it is like the tent of the dead, even if he was removed from there, as it is written (Numbers 19:16): “And in the open, anyone who touches a person [who was killed or who died naturally, or human bone, or a grave, shall be unclean seven days].” But the Rabbis expound upon it to include the stone placed on top of the burial cave and the frame supporting the movable stone of a tomb. The "גולל"/the stone placed on top of a burial cave is the covering of the grave.
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English Explanation of Mishnah Eruvin
One may make the side-posts out of anything, even something that is alive. But Rabbi Yose prohibits this. According to the first opinion, one may use even an animal to make the side-post. The animal would have to be tied in place, so that it couldn’t wander away. Similarly, one can, according to some opinions, use an animal to make a wall of a sukkah. We have seen several similarities between the laws of setting up the cross-beam and side-post and the sukkah. Rabbi Yose prohibits using an animal, lest it dies and become less than the required ten handbreadths high.
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Bartenura on Mishnah Eruvin
ור"מ מטהר – the reason of Rabbi Meir is because he holds that any partition made of something living is not a partition, and it is not the Halakha.
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English Explanation of Mishnah Eruvin
It also causes defilement as the covering of a tomb, But Rabbi Meir makes pure. If one used an animal to cover a tomb, the animal will convey ritual defilement, as do all coverings of tombs. The tomb described here was not in the ground, as tombs usually are today, but a cave in the side of a hill. The animal must be tied to the tomb in order for it to be considered a tomb covering. Rabbi Meir holds that anything that is alive cannot transmit impurity if used as a tomb covering. Therefore, one who touches an animal used to cover a tomb is still pure.
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Bartenura on Mishnah Eruvin
ור"י הגלילי פוסל – as it is written (Deuteronomy 24:1): “”and he writes her a bill [of divorcement, hands it to her, and sends her away from his house].” Just as a scroll lacks a living spirit/life, so too, anything that does not have a living spirit/life. And the Rabbis: If it (i.e., the Torah) had written “and he writes her in a bill,” it would be as you said, but now that it is written [in the Torah]: “and he writes her a bill” – it comes to count things, but the Halakha is according to the First Tanna/teacher, [and if he wrote] her a bill of divorce on the horn of the heifer, and he gave her the heifer, for now it does not require cutting after it had been written, it is valid. But, if he did not give her the heifer, but rather the horn, since it requires cutting, one does not divorce by it.
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English Explanation of Mishnah Eruvin
One may write on them gittin, But Rabbi Yose the Galilean declares it unfit. One can write a get on animal, for instance on the horn of a cow, and then divorce one’s wife by giving her the cow (see Gittin 2:3). Rabbi Yose the Galilean says that such a get is invalid because it is not like a scroll, specifically mentioned as the divorce document in Deuteronomy 24:3.
