Eruvin 4

מִי שֶׁהוֹצִיאוּהוּ גוֹיִם אוֹ רוּחַ רָעָה, אֵין לוֹ אֶלָּא אַרְבַּע אַמּוֹת. הֶחֱזִירוּהוּ, כְּאִלּוּ לֹא יָצָא. הוֹלִיכוּהוּ לְעִיר אַחֶרֶת. נְתָנוּהוּ בְדִיר אוֹ בְסַהַר, רַבָּן גַּמְלִיאֵל וְרַבִּי אֶלְעָזָר בֶּן עֲזַרְיָה אוֹמְרִים, מְהַלֵּךְ אֶת כֻּלָּהּ. רַבִּי יְהוֹשֻׁעַ וְרַבִּי עֲקִיבָא אוֹמְרִים, אֵין לוֹ אֶלָּא אַרְבַּע אַמּוֹת. מַעֲשֶׂה שֶׁבָּאוּ מִפְּרַנְדִּיסִין וְהִפְלִיגָה סְפִינָתָם בַּיָּם. רַבָּן גַּמְלִיאֵל וְרַבִּי אֶלְעָזָר בֶּן עֲזַרְיָה הִלְּכוּ אֶת כֻּלָּהּ. רַבִּי יְהוֹשֻׁעַ וְרַבִּי עֲקִיבָא לֹא זָזוּ מֵאַרְבַּע אַמּוֹת, שֶׁרָצוּ לְהַחֲמִיר עַל עַצְמָן:

If one were taken [forcibly] by idolators outside [the tchum], or an evil spirit [i.e., if he were invested by a demon or he became deranged and went outside the tchum, and he regained his senses and found himself outside the tchum], he has only four cubits (of permitted movement). If they returned him [within the tchum], it is as if he had not left [and the entire city is as four cubits to him as in the beginning, and outside it two thousand cubits on every side. This, only when they took him out and returned him forcibly. But if he went out of his own will and were returned against his will, or if he were taken out against his will and returned of his own will, he has only four cubits.] If they took him to a different city [surrounded by walls] or put him in an enclosure or a corral [fenced off with a high partition] — R. Gamliel and R. Elazar b. Azaryah say: He may walk in all of it, [for since it is fenced off, it is like four cubits.] R. Yehoshua and R. Akiva say: He has only four cubits. [For since he had not dwelt in the partitioned space while it was yet day, the partitions do not avail him. Our rabbis explain that enclosure and corral are decreed against by reason of valley, where there are no partitions. And all agree that in a valley he has only four cubits.] Once they came from Prandisin and their boat put out to sea (hifligah) [leaving the shore and putting out to sea is called "haflagah," as in (Psalms 1:3): "palgei mayim" (lit., "clefts of water").] R. Gamliel and R. Elazar b. Azaryah walked all of it. [They walked along the whole boat. And even though the boat sailed on Shabbath and they left the tchum, this is comparable to leaving the tchum and being placed in an enclosure or a corral, the boat being "fenced" with partitions.] R. Yehoshua and R. Akiva did not budge beyond four cubits, desiring to be stringent with themselves. [For according to them, too, who decreed enclosure and corral by reason of valley — with a boat, so long as it is moving, it is permitted to walk along all of it. And, what is more, they dwelt within its partitioned space while it was still day. But they desired to be stringent. The halachah is in accordance with R. Gamliel and R. Elazar b. Azaryah.]

פַּעַם אַחַת לֹא נִכְנְסוּ לַנָּמָל עַד שֶׁחֲשֵׁכָה. אָמְרוּ לוֹ לְרַבָּן גַּמְלִיאֵל, מָה אָנוּ לֵירֵד. אָמַר לָהֶן, מֻתָּר אַתֶּם, שֶׁכְּבָר הָיִיתִי מִסְתַּכֵּל, וְהָיִינוּ בְתוֹךְ הַתְּחוּם עַד שֶׁלֹּא חֲשֵׁכָה:

Once, they did not enter the harbor until dark. They asked R. Gamliel: "May we go down?" [from the boat into the city, or did we come from outside the tchum after dark? (This harbor was not partitioned; for if it were, R. Gamliel has already said above that if one were placed into a (fenced-off) enclosure or corral, he may walk in all of it.] He answered: "You may do so, for I already looked [through my telescope, adjusted to a two-thousand cubit range], and (found that) we were within the tchum before it had gotten dark."

מִי שֶׁיָּצָא בִרְשׁוּת וְאָמְרוּ לוֹ, כְּבָר נַעֲשָׂה מַעֲשֶׂה, יֶשׁ לוֹ אַלְפַּיִם אַמָּה לְכָל רוּחַ. אִם הָיָה בְתוֹךְ הַתְּחוּם, כְּאִלּוּ לֹא יָצָא, שֶׁכָּל הַיּוֹצְאִים לְהַצִּיל, חוֹזְרִין לִמְקוֹמָן:

If one went out [of the tchum] by sanction [e.g., to testify to (the appearance of) the New Moon or to save one from idolators or from a flood], and he were told: "The deed has already been done" [and there is no need to go], he has two thousand cubits on all sides [from the place where he was told]. If he were within the tchum, it is as if he had not left. [This is what is meant: If those two thousand cubits accorded him on every side from the place where he was told were within the two thousand cubit tchum of his house, it is as if he had not left his tchum, and he may walk to his house and be as before.] For all who leave (the tchum) to rescue, return to their places. [This is what is meant: For we find another lenient ruling vis-à-vis those who leave the tchum to rescue people from idolators of from cave-ins, viz.: Since they left by sanction, they were permitted to return with their arms to their places, and they were not constrained to leave them there. Here, too, they were lenient with those who had left.]

מִי שֶׁיָּשַׁב בַּדֶּרֶךְ, וְעָמַד, וְרָאָה וַהֲרֵי הוּא סָמוּךְ לָעִיר, הוֹאִיל וְלֹא הָיְתָה כַוָּנָתוֹ לְכָךְ, לֹא יִכָּנֵס, דִּבְרֵי רַבִּי מֵאִיר. רַבִּי יְהוּדָה אוֹמֵר, יִכָּנֵס. אָמַר רַבִּי יְהוּדָה, מַעֲשֶׂה הָיָה, וְנִכְנַס רַבִּי טַרְפוֹן בְּלֹא מִתְכַּוֵּן:

If one stopped on the road [to rest, not knowing that he was within the tchum of a city and night descended upon him there], and [when] he arose, he saw that he was close to a city, [within its tchum] — since, he did not intend it (to acquire habitation in the city), he may not enter [the city to be as one of its inhabitants; but from the place that night descended upon him he measures two thousand cubits, and he walks until the end of that distance within the city and not more.] These are the words of R. Meir. R. Yehudah says: He may enter [and walk throughout the city and outside of it two thousand cubits, as the other inhabitants. The halachah is in accordance with R. Yehudah.] Once R. Tarfon entered without (prior) intent [i.e., without having known when darkness descended that he was within the tchum of the city and not having intended to acquire habitation in the city but in his place.]

מִי שֶׁיָּשֵׁן בַּדֶּרֶךְ וְלֹא יָדַע שֶׁחֲשֵׁכָה, יֵשׁ לוֹ אַלְפַּיִם אַמָּה לְכָל רוּחַ, דִּבְרֵי רַבִּי יוֹחָנָן בֶּן נוּרִי. וַחֲכָמִים אוֹמְרִים, אֵין לוֹ אֶלָּא אַרְבַּע אַמּוֹת. רַבִּי אֱלִיעֶזֶר אוֹמֵר, וְהוּא בְאֶמְצָעָן. רַבִּי יְהוּדָה אוֹמֵר, לְאֵיזֶה רוּחַ שֶׁיִּרְצֶה יֵלֵךְ. וּמוֹדֶה רַבִּי יְהוּדָה שֶׁאִם בֵּרֵר לוֹ, שֶׁאֵינוֹ יָכוֹל לַחֲזֹר בּוֹ:

If one fell asleep on the road and was not aware of its having become dark, he has two thousand cubits on all sides. These are the words of R. Yochanan b. Nuri. [R. Yochanan b. Nuri holds that articles of hefker (renounced property), absent from the owner's mind, acquire habitation in their place and have two thousand cubits on every side. And one who sleeps, whose mind is "absent" at the time of acquisition of habitation, is like an article of hefker and he has two thousand cubits on every side.] The sages say: He has only four cubits. [The rabbis hold that articles of hefker do not acquire habitation in their place, but the one who acquires them may take them as far as he may walk. Here, too, the one who sleeps does not acquire habitation and he has only four cubits alone. The halachah is in accordance with R. Yochanan b. Nuri that one who sleeps acquires habitation in his place and has two thousand cubits on every side. But with articles of hefker the halachah is in accordance with the sages, that they are as the "feet of all men" and do not acquire habitation in their place, but the one who acquires them takes them as far as he may go. ("He has only four cubits":) Since, when "the day was sanctified" (i.e., at nightfall), he was sleeping, he did not acquire acquisition, and he has only the four cubits accorded him by the Torah, viz. (Exodus 16:29): "Let every man sit in his place." The average man's height is three cubits and one cubit for stretching his hands and feet.] R. Eliezer says: And he, in the middle. [The sages hold that he is given four cubits on every side, and R. Eliezer holds that he is given two cubits on each side.] R. Yehudah says: [He may take four cubits] in whichever direction he chooses to go. And R. Yehudah concedes that once he has chosen one direction he cannot retract [and choose another].

הָיוּ שְׁנַיִם, מִקְצָת אַמּוֹתָיו שֶׁל זֶה בְּתוֹךְ אַמּוֹתָיו שֶׁל זֶה, מְבִיאִין וְאוֹכְלִין בָּאֶמְצַע, וּבִלְבַד שֶׁלֹּא יוֹצִיא זֶה מִתּוֹךְ שֶׁלּוֹ לְתוֹךְ שֶׁל חֲבֵרוֹ. הָיוּ שְׁלֹשָׁה, וְהָאֶמְצָעִי מֻבְלָע בֵּינֵיהֶן, הוּא מֻתָּר עִמָּהֶן וְהֵן מֻתָּרִין עִמּוֹ, וּשְׁנַיִם הַחִיצוֹנִים אֲסוּרִים זֶה עִם זֶה. אָמַר רַבִּי שִׁמְעוֹן, לְמָה הַדָּבָר דּוֹמֶה, לְשָׁלֹשׁ חֲצֵרוֹת הַפְּתוּחוֹת זוֹ לָזוֹ וּפְתוּחוֹת לִרְשׁוּת הָרַבִּים, עֵרְבוּ שְׁתֵּיהֶן עִם הָאֶמְצָעִית, הִיא מֻתֶּרֶת עִמָּהֶם וְהֵן מֻתָּרוֹת עִמָּהּ, וּשְׁתַּיִם הַחִיצוֹנוֹת אֲסוּרוֹת זוֹ עִם זוֹ:

If two were standing, part of the (four) cubits of the one within the (four) cubits of the other, they bring and eat in the middle, so long as one does not take out from his own (four) cubits to those of the other. [If they were standing six cubits from each other, two of the cubits of each being "swallowed" in those of the other, they may bring (food) and eat within those two cubits, so long as one does not stretch his hand with his loaf or his articles into the two outer cubits (of the other, having no possession therein)]. If there were three, with the middle one "swallowed" between them, [two of his cubits common to one, and two to the other], he is permitted with them [He may turn to one side and share with the one, and to the other, and share with the other], and they are permitted with him; and the two outer ones are forbidden with each other. R. Shimon said: To what may this be compared? To three courtyards opening one into the other and (all) opening into the public domain, [in which instance each is a domain in itself, there being no crossing from one to the other, so that they do not mutually forbid one another (see 6:9)] — If the two of them (the outer ones) made an eruv with the middle one, it (the middle one) is permitted with them and they are permitted with it, and the two outer ones are forbidden with each other. [And the rabbis differ with R. Shimon on this, saying that all are forbidden with each other. R. Shimon now says to the rabbis: Is not the instance of three men and the middle one "swallowed" between them, where you concur that he is permitted with them and they are permitted with him — is that instance not similar to the instance of three courtyards? Why, then, do you differ with me in that instance? And they respond: In the instance of three courtyards, since there are many (persons involved), if the two outer ones that are forbidden with each other would come to carry from one to the other, the (men in the) middle one would not be aware of it and would not warn them, thinking that it was one of the middle dwellers (who is permitted with each of the outer ones) who was carrying. But here, with three men, if one of the two outer ones came to take something into the two cubits of the outer one, the middle one would notice this and would warn him. The halachah is in accordance with R. Shimon in the instance of three courtyards, that the two outer ones alone are mutually forbidden.]

מִי שֶׁבָּא בַדֶּרֶךְ וְחָשְׁכָה לוֹ, וְהָיָה מַכִּיר אִילָן אוֹ גָדֵר, וְאָמַר, שְׁבִיתָתִי תַחְתָּיו, לֹא אָמַר כְּלוּם. שְׁבִיתָתִי בְעִקָּרוֹ, מְהַלֵּךְ מִמְּקוֹם רַגְלָיו וְעַד עִקָּרוֹ אַלְפַּיִם אַמָּה, וּמֵעִקָּרוֹ וְעַד בֵּיתוֹ אַלְפַּיִם אַמָּה. נִמְצָא מְהַלֵּךְ מִשֶּׁחֲשֵׁכָה אַרְבַּעַת אֲלָפִים אַמָּה:

If one were on the road, and it began to get dark, and he recognized a tree or a fence [which he could have reached before it got dark, but he was fatigued and he wished to rest in his place], and he said: "My habitation is beneath it," he has said nothing. [Since he did not make explicit which four cubits he chose under the tree, this does not constitute (acquisition of) habitation, and he has only four cubits where he is. For he did not acquire habitation in his place, since he "uprooted" that intent. And he, likewise, did not acquire it under the tree. This is so only when there are eight cubits or more under the tree, in which instance it could be said that he chose one side or the other, so that there is no specific designation. But with seven cubits, perforce, "part of his house" (i.e., habitation) is distinguishable in the middle cubit. For if he chose four cubits in the middle of the tree, it is (part) of them; and if (he chose four cubits) on either side, it is of them — so that he acquires habitation there.] (If he said:) "My habitation is at its trunk," [(Since he designated the spot, that habitation acquires for him)], he walks a distance of two thousand cubits from his feet until its trunk, and from its trunk until his house, two thousand cubits — so that when darkness descends, he has walked a distance of four thousand cubits.

אִם אֵינוֹ מַכִּיר, אוֹ שֶׁאֵינוֹ בָקִי בַהֲלָכָה, וְאָמַר, שְׁבִיתָתִי בִמְקוֹמִי, זָכָה לוֹ מְקוֹמוֹ אַלְפַּיִם אַמָּה לְכָל רוּחַ. עֲגֻלּוֹת, דִּבְרֵי רַבִּי חֲנִינָא בֶן אַנְטִיגְנוֹס. וַחֲכָמִים אוֹמְרִים, מְרֻבָּעוֹת, כְּטַבְלָא מְרֻבַּעַת, כְּדֵי שֶׁיְּהֵא נִשְׂכָּר לַזָּוִיּוֹת:

If he does not recognize [a tree or a fence] or if he is not expert in the halachah [and does not know that it will avail him to say: "My habitation is in that place"] and he says: "My habitation is in my place" (i.e., wherever he finds himself), his place effects habitation for him, two thousand cubits in a circle on all sides, [for in respect to the cities of refuge from which the two thousand cubits of the tchum Shabbath are derived it is written (Numbers 35:5): "This shall be for them the open spaces of the cities" — For this (i.e., for the cities of refuge) you add the corners (around the circle), but you do not add corners for those acquiring habitation on Shabbath.] These are the words of R. Chanina b. Antignos. The sages say: (two thousand cubits in a) square, as in a square tablet, so that the corners be gained. [The rabbis expound "This" (above) as inclusive, i.e., As this shall be (the ruling for) all who acquire habitation on Shabbath. The halachah is in accordance with the sages. ("as in a square tablet":) Rambam explains that because it is impossible to make an exact square, it is taught: "as in a square tablet." That is, in the manner that men are wont to square, though it not be exact. ("so that the corners be gained":) the four corners of the diagonal, which are an addition to the circle in the midst of the square.]

וְזוֹ הִיא שֶׁאָמְרוּ, הֶעָנִי מְעָרֵב בְּרַגְלָיו. אָמַר רַבִּי מֵאִיר, אָנוּ אֵין לָנוּ אֶלָּא עָנִי. רַבִּי יְהוּדָה אוֹמֵר, אֶחָד עָנִי וְאֶחָד עָשִׁיר, לֹא אָמְרוּ מְעָרְבִין בְּפַת אֶלָּא לְהָקֵל עַל הֶעָשִׁיר, שֶׁלֹּא יֵצֵא וִיעָרֵב בְּרַגְלָיו:

And it is in this regard [i.e., in respect to one on the road, who does not have a loaf, who at that time is "poor"] that they said: "A poor man makes an eruv with his feet." R. Meir said: We hold only a poor man. [i.e., It is only he whom the sages permitted to make an eruv with his feet. For R. Meir holds that an eruv, essentially, is with a loaf, and they were lenient with a poor man or with one on the road without a loaf, allowing them to make an eruv "with their feet."] R. Yehudah says: Both a poor man and a rich man (make an eruv "with their feet.") They said that an eruv is made with a loaf only to be lenient with the rich man, that he not (be constrained to) go out and make an eruv with his feet. [R. Yehudah holds that an eruv, essentially, is with one's feet, and they were lenient with a rich man who could not do it "with his feet," allowing him to send his eruv through a messenger. The halachah is in accordance with R. Yehudah. And both R. Meir and R. Yehudah hold that if one says: "My habitation is in that place," he does not acquire habitation there unless he be a poor man or on the road without a loaf; but a rich man must send a loaf to the place of his habitation. And if one says: "My habitation is in that place," he does not acquire habitation there unless there is time in the day for him to run and reach it before dark, lacking which, he does not acquire habitation there.]

מִי שֶׁיָּצָא לֵילֵךְ בְּעִיר שֶׁמְּעָרְבִין בָּהּ וְהֶחֱזִירוֹ חֲבֵרוֹ, הוּא מֻתָּר לֵילֵךְ וְכָל בְּנֵי הָעִיר אֲסוּרִין, דִּבְרֵי רַבִּי יְהוּדָה. רַבִּי מֵאִיר אוֹמֵר, כֹּל שֶׁהוּא יָכוֹל לְעָרֵב וְלֹא עֵרֵב, הֲרֵי זֶה חַמָּר גַּמָּל:

If one went out [of his city] to go to a city for which they were wont to make an eruv [i.e., If the men of his city sent him to put down an eruv for them so that they could go on the morrow to a city for which they were wont to make an eruv, being two t'chumei Shabbath away from them, so that they could go from one to the other by means of an eruv], and his friend turned him back, [telling him that it was too hot or too cold to go], he is permitted to go [on the morrow to that city. For since he took to the road to acquire habitation two thousand cubits from the city, he is like a poor man who says: "My habitation is in that place," who acquires habitation there], and all the men of his city are forbidden. [For they did not take to the road and they have only two thousand cubits on every side of their city.] These are the words of R. Yehudah. R. Meir says: Whoever could have made an eruv (with a loaf) and did not do so is like a man leading an ass and a camel (see 3:4). [R. Meir is in doubt as to whether he is considered "a poor man," since he left his house and took to the road, or not, since he could have made an eruv with a loaf and did not do so. Therefore, he is as one leading an ass and a camel. He does not have two thousand cubits on all sides of his city, for his habitation might be the place he was going to for the placing of his eruv, two thousand cubits from his city. And at the end of the two thousand he also does not acquire habitation towards the other city, for it may be that he acquired habitation only in his home. The halachah is in accordance with R. Yehudah.]

מִי שֶׁיָּצָא חוּץ לַתְּחוּם, אֲפִלּוּ אַמָּה אַחַת, לֹא יִכָּנֵס. רַבִּי אֱלִיעֶזֶר אוֹמֵר, שְׁתַּיִם, יִכָּנֵס, שָׁלֹשׁ, לֹא יִכָּנֵס. מִי שֶׁהֶחְשִׁיךְ חוּץ לַתְּחוּם, אֲפִלּוּ אַמָּה אַחַת, לֹא יִכָּנֵס. רַבִּי שִׁמְעוֹן אוֹמֵר, אֲפִלּוּ חֲמֵשׁ עֶשְׂרֵה אַמּוֹת, יִכָּנֵס, שֶׁאֵין הַמָּשׁוֹחוֹת מְמַצִּין אֶת הַמִּדּוֹת, מִפְּנֵי הַטּוֹעִין:

If one went outside the tchum, even one cubit, he may not enter (the tchum). [He has only four cubits on either side. And even though these four cubits are "swallowed up" within the tchum of the city, we do not say "once he has entered, he has entered," for he holds that the "swallowing up" of t'chumin is of no account.] R. Eliezer says: (If he went outside) two (cubits), he may enter; three, he may not enter. [R. Eliezer is consistent with his view (4:5): "And he, in the middle"; i.e., at the end of two thousand cubits, he has four cubits: two on one side, within the tchum, and two on the other side, outside the tchum. Therefore, if he is standing in the second cubit (outside the tchum), he may enter. For the "swallowing up" of t'chumin is of account. The halachah is not in accordance with R. Eliezer.] If darkness descended upon one outside the tchum [i.e., If he were on the road, and darkness descended upon him outside the tchum], even one cubit, he may not enter. [For he did not acquire habitation in his place, having shown that he did not wish to do so; and he did not acquire habitation in the city, there being more than two thousand cubits between himself and the city. Therefore, he has only four cubits, as one who has left the tchum.] R. Shimon says: Until fifteen cubits [Not precisely, but also a little more or less. (Some interpret it as precisely fifteen. I have not been able to construe this well)]; for the surveyors [those who measure the t'chumin of cities and make a sign for the end of the tchum] do not measure exactly, because of those who err. [They do not mark the tchum exactly at the end of two thousand cubits, but within that distance, because of those who err, not recognizing the marking and sometimes unknowingly going beyond it and returning. Because of this, they (the surveyors) always marked within the two thousand, so that these fifteen cubits are found to be within the tchum. And because he (one who went beyond that limit) did so in error, he was permitted to return; and they were not stringent with him as they were with one who went outside the tchum, who should have taken heed not to do so. The halachah is not in accordance with R. Shimon.]