Eruvin 1
מָבוֹי שֶׁהוּא גָבוֹהַּ לְמַעְלָה מֵעֶשְׂרִים אַמָּה, יְמַעֵט. רַבִּי יְהוּדָה אוֹמֵר, אֵינוֹ צָרִיךְ. וְהָרָחָב מֵעֶשֶׂר אַמּוֹת, יְמַעֵט. וְאִם יֶשׁ לוֹ צוּרַת הַפֶּתַח, אַף עַל פִּי שֶׁהוּא רָחָב מֵעֶשֶׂר אַמּוֹת, אֵין צָרִיךְ לְמַעֵט:
A mavui (an alleyway) which is higher than twenty cubits — he diminishes. [A mavui which is not wider than sixteen cubits, even though it is open on its two ends to the public domain; or else, sixteen cubits wide, but not mefulash (open on both ends), but one end open to the public domain and the other closed — By Torah law it is permitted to carry therein without any tikun (act of amendment). But the rabbis decreed against it lest he come to carry in the public domain, and they permitted it with a lechi (a stake fastened in the ground) or a korah (a beam, laid crosswise) to serve as a sign. If he placed the korah higher than twenty he "diminishes." That is, he lowers the korah below twenty. For above twenty the eye does not notice it. But if there are amaltera, i.e., designs and carvings, even above twenty cubits, it does not require lowering; for the amaltera cause it to be noticed.] R. Yehudah says: It is not necessary. [For the purpose of the korah is not to serve as a sign but to act as a partition. For we say: "The mouth of the ceiling descends and closes up." This being so, what difference does it make whether it is within twenty cubits or higher? The halachah is not in accordance with R. Yehudah.] And if it is wider than ten cubits, he diminishes. [For if it is wider than ten cubits, it is not called an "opening," but a "breach," and we require an opening. Therefore, he diminishes the width of the entrance until it is ten or less.] But if it has a tzurath hapetach ("the appearance of an entrance"), even if it is wider than ten cubits, he need not diminish. [Wherever the sages say "tzurath hapetach," there suffices even a stick on one side and a stick on the other, twenty cubits or higher, and a stick above them, even if it does not touch them, and even if it is more than three cubits above them. All of the "cubits" (amoth) mentioned in this Mishnah and in all of Eruvin, Succah, and Kilayim, are an amah of six tefachim (handbreadths); each tefach, four fingers and the thumb. It is just that sometimes the measurement must be made with "tefach atzev," i.e., not leaving any space between the two thumbs, but having them touch; and, sometimes, with space between the two thumbs, not having them touch, this being called "tefach sochek." How so? When the measurement with tefach atzev is for stringency (of ruling), as with a mavui higher than twenty cubits, in which instance he must diminish, and with a succah higher than twenty cubits, which is pasul (unfit), he measures with tefach atzev. And when the measurement with tefach sochek is for stringency, as with a mavui, which may not be lower than ten tefachim, and with a succah lower than ten tefachim, he measures with a tefach sochek; and so, in all instances.]
הֶכְשֵׁר מָבוֹי, בֵּית שַׁמַּאי אוֹמְרִים, לֶחִי וְקוֹרָה, וּבֵית הִלֵּל אוֹמְרִים, לֶחִי אוֹ קוֹרָה. רַבִּי אֱלִיעֶזֶר אוֹמֵר, לְחָיַיִן. מִשּׁוּם רַבִּי יִשְׁמָעֵאל אָמַר תַּלְמִיד אֶחָד לִפְנֵי רַבִּי עֲקִיבָא, לֹא נֶחְלְקוּ בֵּית שַׁמַּאי וּבֵית הִלֵּל עַל מָבוֹי שֶׁהוּא פָחוֹת מֵאַרְבַּע אַמּוֹת, שֶׁהוּא אוֹ בְלֶחִי אוֹ בְקוֹרָה. עַל מַה נֶּחְלְקוּ, עַל רָחָב מֵאַרְבַּע אַמּוֹת וְעַד עֶשֶׂר, שֶׁבֵּית שַׁמַּאי אוֹמְרִים, לֶחִי וְקוֹרָה, וּבֵית הִלֵּל אוֹמְרִים, אוֹ לֶחִי אוֹ קוֹרָה. אָמַר רַבִּי עֲקִיבָא, עַל זֶה וְעַל זֶה נֶחֱלָקוּ:
What is required for a mavui [so that it be permitted to carry therein through shituf (partnership)] — Beth Shammai say: Lechi and korah. [Both are required, Beth Hillel holding that by Torah law four complete partitions are required, and halachah leMosheh miSinai ("a law unto Moses upon Sinai") permits lechi and korah as the fourth.] And Beth Hillel say: Either lechi or korah, [Torah law requiring three complete partitions and no more, and the halachah leMosheh miSinai adding the fourth through a lechi of any size or through a korah as sign of partition. "Mavui" here is a mavui closed on three sides and open to the public domain on the fourth, with its length greater than its width. For if length and width were equal, it would be like a breached chatzer (courtyard) opening into the public domain, requiring a board (pas) somewhat longer than four cubits, or two boards of any size. Likewise, a chatzer breached into the public domain is regarded as a mavui and is permitted with a lechi or a korah. And a mavui permitted through a lechi differs from one permitted through a korah. For a mavui permitted through a lechi is regarded as having four partitions and one who throws something into it from the public domain is liable, whereas a mavui permitted through a korah, even though it is permitted to carry therein through shituf, is not an absolute private domain, and one who throws something into it from the public domain is not liable, it being ruled that a korah serves as a sign (distinguishing the mavui from the public domain), and a lechi, as a partition.] R. Eliezer says: Two lechis. [He holds with Beth Shammai and requires a lechi on either side. The halachah is not in accordance with R. Eliezer.] It was said in the name of R. Yishmael that a certain disciple [R. Meir] said in the presence of R. Akiva: Beth Shammai and Beth Hillel do not differ in respect to a mavui [the width of] which is less than four cubits, [both agreeing] that either a lechi or a korah [suffices]. Where do they differ? Where it is from four to ten cubits, Beth Shammai requiring lechi and korah, and Beth Hillel, either lechi or korah. R. Akiva said: They differ in respect to both. [And the first tanna also holds that no distinction is made between wide and narrow. The Talmud explains that they (the first tanna and R. Akiva) differ in respect to a mavui less than four tefachim in width, one holding that neither lechi nor korah is required, and the other, that either lechi or korah is required. And it is not clear from their statements who requires it and who does not.]
הַקּוֹרָה שֶׁאָמְרוּ, רְחָבָה כְּדֵי לְקַבֵּל אָרִיחַ. וְאָרִיחַ, חֲצִי לְבֵנָה שֶׁל שְׁלֹשָׁה טְפָחִים. דַּיָּה לַקּוֹרָה שֶׁתְּהֵא רְחָבָה טֶפַח, כְּדֵי לְקַבֵּל אָרִיחַ לְאָרְכּוֹ:
The aforementioned "korah" must be wide enough to receive an ariach (a small brick) [so that a permanent structure could be built upon it.] And an ariach is half a brick of three tefachim, [so that an ariach is a tefach and a half wide.] It is sufficient that the korah be a tefach wide to receive an ariach along its length. [This is what is meant: If the korah is a tefach wide, the additional half tefach by which the ariach is wider (the ariach being a tefach and a half) can be plastered the width of a finger on either side, so that it will be wide enough to receive an ariach. Thus is it explained in the gemara.]
רְחָבָה, כְּדֵי לְקַבֵּל אָרִיחַ, וּבְרִיאָה, כְּדֵי לְקַבֵּל אָרִיחַ. רַבִּי יְהוּדָה אוֹמֵר, רְחָבָה אַף עַל פִּי שֶׁאֵין בְּרִיאָה:
(The korah must be) wide enough to receive an ariach and strong enough to receive an ariach [i.e., to support its weight without breaking. And this is the halachah.] R. Yehudah says: Wide enough, even if it is not strong enough.
הָיְתָה שֶׁל קַשׁ אוֹ שֶׁל קָנִים, רוֹאִין אוֹתָהּ כְּאִלּוּ הִיא שֶׁל מַתֶּכֶת. עֲקֻמָּה, רוֹאִין אוֹתָהּ כְּאִלּוּ הִיא פְשׁוּטָה. עֲגֻלָּה, רוֹאִין אוֹתָהּ כְּאִלּוּ הִיא מְרֻבַּעַת. כֹּל שֶׁיֵּשׁ בְּהֶקֵּפוֹ שְׁלֹשָׁה טְפָחִים, יֶשׁ בּוֹ רֹחַב טָפַח:
If it (the korah) were of straw or of reeds, it is viewed as if it were made of metal. [R. Yehudah says this. The halachah is not in accordance with him.] If it were crooked, [so that an ariach could not rest upon it (as it also could not if it were round)], it is viewed as if it were straight. If it were round, it is viewed as if it were square. Whatever is three tefachim in circumference is one tefach in width. [That is, what is the required measure for a round korah? Whatever is three tefachim in circumference — i.e., whatever requires a cord three tefachim long to go around it — would, if squared, have a width of a tefach. For thus do we find with the yam (the reservoir) made by Solomon, viz. (I Kings 7:23): "And he made the molten yam, ten cubits from brim to brim, round all about … and a line of thirty cubits compassed it roundabout" — whence it is seen that for every cubit of width in the circle, there are three cubits of circumference.]
לְחָיַיִן שֶׁאָמְרוּ, גָּבְהָן עֲשָׂרָה טְפָחִים, וְרָחְבָּן וְעָבְיָן כָּל שֶׁהוּא. רַבִּי יוֹסֵי אוֹמֵר, רָחְבָּן שְׁלֹשָׁה טְפָחִים:
The aforementioned lechis (1:2) [The lechis concerning which R. Eliezer and the sages differ, R. Eliezer requiring two and the rabbis one — these are their specifications:] They must be ten tefachim high, [as the height of the mavui, whose height is not less than ten tefachim. And even if the mavui were much higher, a lechi of ten tefachim suffices], and any size in breadth and thickness. R. Yossi says: They must be three tefachim wide, [something substantial being required as a partition. The halachah is not in accordance with R. Yossi.]
בַּכֹּל עוֹשִׂין לְחָיַיִן, אֲפִלּוּ בְדָבָר שֶׁיֶּשׁ בּוֹ רוּחַ חַיִּים. וְרַבִּי יוֹסֵי אוֹסֵר. וּמְטַמֵּא מִשּׁוּם גּוֹלֵל, וְרַבִּי מֵאִיר מְטַהֵר. וְכוֹתְבִין עָלָיו גִּטֵּי נָשִׁים, וְרַבִּי יוֹסֵי הַגְּלִילִי פוֹסֵל:
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.]
שַׁיָּרָא שֶׁחָנְתָה בְּבִקְעָה וְהִקִּיפוּהָ בִכְלֵי בְהֵמָה, מְטַלְטְלִין בְּתוֹכָהּ, וּבִלְבַד שֶׁיְּהֵא גָדֵר גָּבוֹהַּ עֲשָׂרָה טְפָחִים, וְלֹא יִהְיוּ פְרָצוֹת יְתֵרוֹת עַל הַבִּנְיָן. כָּל פִּרְצָה שֶׁהִיא כְעֶשֶׂר אַמּוֹת, מֻתֶּרֶת, מִפְּנֵי שֶׁהִיא כְפֶתַח. יָתֵר מִכָּאן, אָסוּר:
If a caravan encamped in a valley and it were fenced around by animal gear, it is permitted to carry therein, so long as the fence be ten tefachim high and the (composite length of the) breaches not greater than (that of) the structure. [And even if the breaches are smaller than ten (amoth), if more is breached than standing, it is not a partition, and it is forbidden (to carry) even opposite what is standing.] Every breach which is within ten amoth (in length) is permitted, being like an entrance. [This, provided that what stands is more than or equal to what is breached, in which instance there is a (valid) partition, and it is permitted to carry (even) opposite the breach.] More than that (ten amoth) is forbidden. [Even one breach larger than ten (amoth) forbids (i.e., invalidates) the entire fencing, even if what stands is more (than what is breached), for people do not make entrances larger than ten — so that it is a breach (and not an entrance). And this, only if it does not have tzurath petach ("the appearance of an entrance"); but if it does, even more than ten is (regarded as) an entrance.]
מַקִּיפִין שְׁלֹשָׁה חֲבָלִים, זֶה לְמַעְלָה מִזֶּה וְזֶה לְמַעְלָה מִזֶּה, וּבִלְבַד שֶׁלֹּא יְהֵא בֵּין חֶבֶל לַחֲבֵרוֹ שְׁלֹשָׁה טְפָחִים. שִׁעוּר חֲבָלִים וְעָבְיָן, יָתֵר עַל טֶפַח, כְּדֵי שֶׁיְּהֵא הַכֹּל עֲשָׂרָה טְפָחִים:
They may fence it [a caravan that encamped in a valley] around with three ropes [tied to stakes]; the second above the first, and the third above the second, so long as between rope and rope there are not three tefachim. [From the bottom rope to the ground there are fewer than three tefachim, so that it is like a standing (partition). For any space less than three (tefachim) is considered a solid. And from there to the middle rope there are fewer than three, making a "standing" of six tefachim less two small measures for the two spaces. And from the middle to the top, fewer than three tefachim, making nine tefachim less three small measures of "standing" in the three spaces.] The (combined) thickness of the ropes must be [three small measures] more than a tefach, so that the whole be ten tefachim.
מַקִּיפִין בְּקָנִים, וּבִלְבַד שֶׁלֹּא יְהֵא בֵין קָנֶה לַחֲבֵרוֹ שְׁלֹשָׁה טְפָחִים. בְּשַׁיָּרָא דִבְּרוּ, דִּבְרֵי רַבִּי יְהוּדָה. וַחֲכָמִים אוֹמְרִים, לֹא דִבְּרוּ בְשַׁיָּרָא אֶלָּא בַהֹוֶה. כָּל מְחִצָּה שֶׁאֵינָהּ שֶׁל שְׁתִי וְשֶׁל עֵרֶב, אֵינָהּ מְחִצָּה, דִּבְרֵי רַבִּי יוֹסֵי בַּר רַבִּי יְהוּדָה. וַחֲכָמִים אוֹמְרִים, אֶחָד מִשְּׁנֵי דְבָרִים. אַרְבָּעָה דְבָרִים פָּטְרוּ בַמַּחֲנֶה, מְבִיאִין עֵצִים מִכָּל מָקוֹם, וּפְטוּרִים מֵרְחִיצַת יָדַיִם, וּמִדְּמַאי, וּמִלְּעָרֵב:
They may fence it with reeds [stuck in the ground and standing straight (a perpendicular partition; that of ropes, being a horizontal one)], so long as there not be more than three tefachim between one reed and the next. This was stated in respect to a caravan. [They were lenient with them, requiring either a perpendicular arrangement, as with reeds, or a horizontal one, as with ropes; but they were not lenient with an individual, requiring both perpendicular and horizontal. (Three men are considered a "caravan.")] These are the words of R. Yehudah. The sages said: They spoke of a "caravan" only as being the common instance, (but it is permitted even with an individual.) Any partition which is not (both) perpendicular and horizontal is no partition. These are the words of R. Yossi b. R. Yehudah. [R. Yossi b. R. Yehudah differs with his father, saying that even a caravan requires perpendicular and horizontal.] The difference between the first rabbis and the second: The first rabbis permitted it to an individual only in an instance like that of a caravan, i.e., when he is on the road and cannot make a regular partition, but not when he is in the settlement. And the second rabbis say: Either way (perpendicular or horizontal), whether for an individual or for many; whether on the road or in a settlement. And the halachah is in accordance with them. But one man or two who camped in the desert may not make a partition larger than beth sa'atayim, one hundred cubits in length by fifty in width, as per the tabernacle court. And three or more men constitute a "caravan," and they may make a large partition, even several mil, as may be required by them, their belongings, and their beasts, so long as there be no empty space larger than a beth sa'atayim in the partition. Those who go out to war [even a sanctioned war (milchemeth reshuth, as opposed to milchemeth mitzvah)] were exempt from four things: They may bring wood from anywhere, [with no concern over theft, even if it were cut and piled by the owners]; they are exempt from washing their hands [before a meal. (But they are required to wash after the meal, that washing having been prescribed by reason of Sodomite salt, which causes blindness. A risk (to life) is of greater stringency than a prohibition.)]; (they are exempt) from demai [They are not required to separate terumath ma'aser from demai (suspect produce), as when they bought produce from an am ha'aretz]; (and they are exempt) from making an eruv [an eruv of courts, such as from tent to tent within the camp surrounded by partitions; but they are required to make an eruv of (Sabbath) bounds.]