Eruvin 2

עוֹשִׂין פַּסִּין לַבֵּירָאוֹת אַרְבָּעָה דְיוּמְדִין, נִרְאִין כִּשְׁמֹנָה, דִּבְרֵי רַבִּי יְהוּדָה. רַבִּי מֵאִיר אוֹמֵר, שְׁמֹנָה, נִרְאִין כִּשְׁנֵים עָשָׂר, אַרְבָּעָה דְיוּמְדִין וְאַרְבָּעָה פְשׁוּטִין. גָּבְהָן עֲשָׂרָה טְפָחִים, וְרָחְבָּן שִׁשָּׁה, וְעָבְיָן כָּל שֶׁהוּא, וּבֵינֵיהֶן כִּמְלֹא שְׁתֵּי רְבָקוֹת שֶׁל שָׁלֹשׁ שָׁלֹשׁ בָּקָר, דִּבְרֵי רַבִּי מֵאִיר. רַבִּי יְהוּדָה אוֹמֵר, שֶׁל אַרְבַּע אַרְבַּע, קְשׁוּרוֹת וְלֹא מֻתָּרוֹת, אַחַת נִכְנֶסֶת וְאַחַת יוֹצֵאת:

Boards are placed (upright) around wells [in the public domain. For the wells are private domain, being ten tefachim deep, so that it is not permitted to draw water from them and take it out to the public domain. Therefore, boards are arranged to form an enclosure around the well as a private domain. He can then draw water from the well and place it there, and bring in his beast entirely or its head and most of its body and water it] — four dioamudin, giving the appearance of eight (boards). ["dioamudin" - "two amudin" (boards), each one of these four (corner-pieces) giving the appearance of two boards ("dio," Greek for "two"). When he sticks one of the corner-pieces in the southwest corner, one wall extends to the east and the other to the north; the second in the northwest corner — one wall to the east, and the other, to the south. So that when he places all four on all four sides, each side has two cubits of wall, cubit facing cubit and a space in between.] These are the words of R. Yehudah. R. Meir says: Eight (boards), giving the appearance of twelve — four dioamudin and four plain boards, (each board) ten tefachim high, six tefachim (= 1 cubit) wide, any thickness, and between them ,the distance of two teams (revakoth) of three (heads of) cattle. These are the words of R. Meir. [("four plain boards":) a one-cubit board on each side in the middle. When there are ten cubits or less between the boards of these four corner-pieces, R. Meir concurs that plain boards are not needed. And when there are more than thirteen and a third cubits between them, R. Yehudah concurs that plain boards are required. They differ only (in respect to a distance of) from ten to thirteen and a third cubits, R. Meir requiring plain boards and R. Yehudah not requiring them. The halachah is in accordance with R. Yehudah. ("two revakoth of three (heads of) cattle":) For the width of each (head of) cattle is one and two-thirds cubits — so that the width of six (heads of) cattle is found to be ten cubits, this being the permitted distance between one board and the other according to R. Meir, a greater distance requiring the addition of plain boards. ("revakoth:") as in (I Samuel 28:24): "egel (a calf) marbek."] R. Yehudah says: (Two teams) of four (heads of) cattle [thirteen and a third cubits], tied and not free [So that it not be thought that "as if tied," but not literally "tied," is intended, it is stated "and not free" — for greater stringency, to reduce the space between them], one [team] entering and another leaving, [in which instance there is more space than for two leaving or two entering — for greater lenity, less constriction being required.]

מֻתָּר לְהַקְרִיב לַבְּאֵר, וּבִלְבַד שֶׁתְּהֵא פָרָה רֹאשָׁהּ וְרֻבָּהּ בִּפְנִים וְשׁוֹתָה. מֻתָּר לְהַרְחִיק כָּל שֶׁהוּא, וּבִלְבַד שֶׁיַּרְבֶּה בְּפַסִּין:

It is permitted to place [the boards] closer to the well [and to form a small enclosure], so long as [from the edge of the well until the boards there are two cubits (the length of the head and most of the body of the cow), so that] the head and most of the body be within when it drinks, [but not less, lest he follow his cow and take the pail outside the enclosure.] It is permitted to place (the boards) farther, any distance, [to make the enclosure as large as he wishes], so long as he adds boards. [For the farther the distance from the well, the greater the space between the boards. He, therefore, must add boards so that the distance between board and board or board and dioamud be no greater than thirteen and a third cubits, as per R. Yehudah, whose ruling is followed.]

רַבִּי יְהוּדָה אוֹמֵר, עַד בֵּית סָאתָיִם. אָמְרוּ לוֹ, לֹא אָמְרוּ בֵית סָאתַיִם אֶלָּא לְגִנָּה וּלְקַרְפֵּף, אֲבָל אִם הָיָה דִּיר אוֹ סַחַר, אוֹ מֻקְצֶה אוֹ חָצֵר, אֲפִלּוּ בֵית חֲמֵשֶׁת כּוֹרִין, אֲפִלּוּ בֵית עֲשָׂרָה כּוֹרִין, מֻתָּר. וּמֻתָּר לְהַרְחִיק כָּל שֶׁהוּא, וּבִלְבַד שֶׁיַּרְבֶּה בְּפַסִּין:

R. Yehudah says: [He should make not make an enclosure for the well greater than] until beth sa'atayim (the size of a field requiring two sa'ah of seed). They said to him: They said "beth sa'atayim" only for a garden or a karpef, [which do not serve for habitation. A karpef is a large enclosure outside the city, where wood is stored.] But in a corral [set up in the fields (today, here; tomorrow, there) in order to fertilize the field with animal dung], or a sachar (an enclosure) [for animals in the city (Some read it "sahar" (a prison yard)], or a muktzeh [a space behind the house], or a chatzer [an open space in front of the house] — even (in) five kur it is permitted (to carry), even in ten kur. [For all of these serve for habitation. And, likewise, the boards of wells. Since the water is fit to be drunk by men, a bona fide (human) function is served.] And it is permitted to place (the boards) farther, any distance, so long as he adds boards. [That is, just as one may carry in all of the above, which serve for habitation, even if they are as large as ten kur, so one may move the enclosure of well boards as far as he wishes. And this is the halachah.]

רַבִּי יְהוּדָה אוֹמֵר, אִם הָיְתָה דֶרֶךְ הָרַבִּים מַפְסַקְתָּן, יְסַלְּקֶנָּה לַצְּדָדִין. וַחֲכָמִים אוֹמְרִים, אֵינוֹ צָרִיךְ. אֶחָד בּוֹר הָרַבִּים, וּבְאֵר הָרַבִּים, וּבְאֵר הַיָּחִיד, עוֹשִׂין לָהֶן פַּסִּין, אֲבָל לְבוֹר הַיָּחִיד עוֹשִׂין לוֹ מְחִצָּה גָבוֹהַּ עֲשָׂרָה טְפָחִים, דִּבְרֵי רַבִּי עֲקִיבָא. רַבִּי יְהוּדָה בֶן בָּבָא אוֹמֵר, אֵין עוֹשִׂין פַּסִּין אֶלָּא לִבְאֵר הָרַבִּים בִּלְבַד, וְלַשְּׁאָר עוֹשִׂין חֲגוֹרָה גָבוֹהַּ עֲשָׂרָה טְפָחִים:

R Yehudah says: If a public path intervened [between the boards], he diverts it (the path) to the side [outside of the boards, so that people not walk between the boards. For this would render it a public domain and negate the enclosure.] The sages say: He need not do so. [The halachah is not in accordance with R. Yehudah.] Boards may be used (as an enclosure) for both public (water) pits, [in which instance, if the water is used up, they remind each other (not to carry in the enclosure). For they permitted well-boards only so that water be available for the beasts of the festival pilgrims. And if there is no water there, the boards do not have the status of an enclosure.], public wells, and individual wells. [These are also permitted; for, being live wells, their water is not depleted.] But for an individual (water) pit, a partition ten tefachim high must be made. These are the words of R. Akiva. R. Yehudah b. Bava says: Boards may be used only for a public well, [in that it possesses two positive features. And this is the halachah. And it is permitted to draw water and to take it from the well using well-boards only in order to water the beasts of the festival pilgrims and in Eretz Yisrael alone. But it is forbidden to take out water for a man himself to drink. Instead, he must go down in it and drink or make a partition ten tefachim high.], and for the others, he must make a "belt" (partition) ten tefachim high.

וְעוֹד אָמַר רַבִּי יְהוּדָה בֶן בָּבָא, הַגִּנָּה וְהַקַּרְפֵּף שֶׁהֵן שִׁבְעִים אַמָּה וְשִׁירַיִם עַל שִׁבְעִים אַמָּה וְשִׁירַיִם, מֻקֶּפֶת גָּדֵר גָּבוֹהַּ עֲשָׂרָה טְפָחִים, מְטַלְטְלִין בְּתוֹכָהּ, וּבִלְבַד שֶׁיְּהֵא בָהּ שׁוֹמֵירָה אוֹ בֵית דִּירָה, אוֹ שֶׁתְּהֵא סְמוּכָה לָעִיר. רַבִּי יְהוּדָה אוֹמֵר, אֲפִלּוּ אֵין בָּהּ אֶלָּא בוֹר וְשִׁיחַ וּמְעָרָה, מְטַלְטְלִין בְּתוֹכָהּ. רַבִּי עֲקִיבָא אוֹמֵר, אֲפִלּוּ אֵין בָּהּ אַחַת מִכָּל אֵלּוּ, מְטַלְטְלִין בְּתוֹכָהּ, וּבִלְבַד שֶׁיְּהֵא בָהּ שִׁבְעִים אַמָּה וְשִׁירַיִם עַל שִׁבְעִים אַמָּה וְשִׁירָיִם. רַבִּי אֱלִיעֶזֶר אוֹמֵר, אִם הָיָה אָרְכָּהּ יָתֵר עַל רָחְבָּהּ אֲפִלּוּ אַמָּה אַחַת, אֵין מְטַלְטְלִין בְּתוֹכָהּ. רַבִּי יוֹסֵי אוֹמֵר, אֲפִלּוּ אָרְכָּהּ פִּי שְׁנַיִם בְּרָחְבָּהּ, מְטַלְטְלִין בְּתוֹכָהּ:

R. Yehudah b. Bava said further: It is permitted to carry in a garden and a karpef which are seventy cubits and a remnant by seventy cubits and a remnant surrounded by a gate ten tefachim high [Since he stated one stringency vis-à-vis boards, i.e., that they may be used only for a public well, and he now states another stringency, that even when serving for habitation more than beth sa'atayim was not permitted, "further" is stated.] so long as there be within it a watcher's booth [(For even though it serves for habitation, only beth sa'atayim is permitted, and not more)], or a house to dwell in, or (so long as it be) close to the city. [For since it is close to his house, he intends to use it constantly, so that it is regarded as serving for habitation.] R. Yehudah says: Even if there is within it only a hole, a pit, or a cave, he may carry within it. R. Akiva says: even if none of the above is in it, he may carry within it, so long as there be within it seventy cubits and a remnant (four tefachim) by seventy cubits and a remnant. [And not more. And the first tanna, above (2:3), viz.: "They said to him: They said 'beth sa'atayim' only for a garden or a karpef, but in a corral, or a sachar, or a chatzer, etc." — that tanna also holds with R. Akiva, that where there is a habitation, only beth sa'atayim is permitted. Where do they differ? The gemara explains that they differ with regard to the small amount by which beth sa'atayim exceeds seventy cubits and a remnant squared, the first tanna holding that a complete beth sa'atayim is permitted; and R. Akiva, seventy cubits and a remnant by seventy cubits and a remnant and no more. And whence do we derive that beth sa'atayim is greater than seventy cubits and a remnant squared? The gemara asks: How much is sa'atayim? (And it answers:) As the court of the tabernacle, of which it is written (Exodus 27:18): "The length of the court shall be one hundred cubits, and its width, fifty by fifty. And it is expounded: What is the intent of "fifty by fifty"? The Torah is telling us: Take the fifty by which the length exceeds the width and "surround" the fifty that are left to arrive at the (permitted) Sabbath limit — seventy cubits and four tefachim squared. How so? Make of them five strips of ten cubits wide by fifty cubits long. Place one to the east (of the fifty by fifty) and another to the west, so that we now have seventy wide by fifty long. Place one (strip) to the south and another to the north, and we now have seventy by seventy; but the corners are defective (i.e., unfilled), each corner being ten by ten cubits by reason of the addition. From the fifth strip take four pieces of ten (by ten) with which to fill up the four corners. Take the remaining ten by ten, which are sixty tefachim by sixty tefachim (1 cubit = six tefachim), and make of them thirty strips of two tefachim each, each one ten cubits long — all together, three hundred cubits long. Place seventy on each side, so that there are now seventy cubits and four tefachim by seventy cubits and four tefachim. But the corners are defective, two tefachim by two tefachim. This leaves you with twenty cubits. Take eight tefachim and fill up the corners. You are left with eighteen cubits and four tefachim length by two cubits width. And this is the "small amount." For if you spread them around equally, the additional width amounts to two-thirds of a finger. For you must make of it a strip 283 cubits long to surround the four sides. Thus did I find it explained in Rashi, and it is correct. Rambam "sought many accountings," but I was unable to fathom him. The ruling is in accordance with R. Akiva in "Even if none of the above is in it, he may carry within it." But in his differing with the sages of "They said to him, etc." above, contending that it must be (at most) seventy and a remnant (four tefachim) by seventy and a remnant, and no more — in this, the halachah is in accordance with the sages. For it is permitted with beth sa'atayim, as (the area of) the court of the tabernacle, which is somewhat more than seventy cubits and a remnant squared.] R. Eliezer says: If its length were greater than its width by even one cubit, it is not permitted to carry therein [even if he reduced the width and added to the length, so that in the whole there were not more than beth sa'atayim. For it is only a square that the rabbis permitted when it does not serve as a habitation.] R. Yossi says: Even if its length were twice its width, it is permitted to carry therein. [The halachah is in accordance with R. Yossi, who differs with R. Eliezer, a square not being required.]

אָמַר רַבִּי אִלָּעִאי, שָׁמַעְתִּי מֵרַבִּי אֱלִיעֶזֶר, וַאֲפִלּוּ הִיא כְּבֵית כּוֹר. וְכֵן שָׁמַעְתִּי מִמֶּנּוּ, אַנְשֵׁי חָצֵר שֶׁשָּׁכַח אַחַד מֵהֶן וְלֹא עֵרֵב, בֵּיתוֹ אָסוּר מִלְּהַכְנִיס וּלְהוֹצִיא, לוֹ, אֲבָל לָהֶם מֻתָּר. וְכֵן שָׁמַעְתִּי מִמֶּנּוּ, שֶׁיּוֹצְאִין בְּעַקְרַבְנִים בְּפֶסַח. וְחִזַּרְתִּי עַל כָּל תַּלְמִידָיו וּבִקַּשְׁתִּי לִי חָבֵר, וְלֹא מָצָאתִי:

R. Ilai said: I heard from R. Eliezer: Even if it were as (large as) a beth kur. [This refers to the argument vis-à-vis garden and karpef above.] I also heard from him: The men of the courtyard — if one of them forgot and did not make an eruv, he is forbidden to carry into and out of his house, but they are permitted to do so. [If the next day (Shabbath), he gave up his rights in the courtyard to his neighbors (for he had forbidden them to carry from their houses to the courtyard, the courtyard being their common domain, and his part being forbidden to them) — by giving up his rights in the courtyard, he also gives up his rights in his house, even though he does not say so explicitly, and he becomes a "guest" of theirs. For this reason, even his house is permitted to them. But he is forbidden to carry in and out of his house to the courtyard, even though he is permitted to carry in and out of their houses to the courtyard (as anyone who enters his neighbor's house, who is permitted to carry therefrom to the courtyard, it being the domain of one person.) Still, he is forbidden to carry out from his house. And we do not say that since he gave up to them his rights to his house it is regarded as their house. For as soon as he takes something out from his house to the courtyard, he regains possession of his property, and forbids it to them. This, as we learned in respect to one dwelling together with a gentile — If he gave up his rights and then, again carried something out, whether unwittingly or wittingly, he forbids it (to the other)]. And I also heard from him that one fulfills his obligation [of maror] on Pesach with akrevanim [a vegetable whose leaves resemble a scorpion (akrav). And I have heard (that it is) bast growing around the palm.] and I questioned all of his disciples, seeking a second [for these three things, i.e., one who would say that he, too, had heard it from him], and I could not find one. [And the halachah is not in accordance with any of them. For in respect to garden and karpef, more than beth sa'atayim was not permitted. And in respect to the men of a courtyard, one of whom forgot to make an eruv, and gave up his rights (in the courtyard), but not in his house, his house is forbidden to them, too; but it is permitted (to carry) from their houses to the courtyard. And akrevanim are not maror, and one does not fulfill his obligation with them on Pesach.]