Eruvin 7

חַלּוֹן שֶׁבֵּין שְׁתֵּי חֲצֵרוֹת, אַרְבָּעָה עַל אַרְבָּעָה, בְּתוֹךְ עֲשָׂרָה, מְעָרְבִין שְׁנַיִם, וְאִם רָצוּ, מְעָרְבִין אֶחָד. פָּחוֹת מֵאַרְבָּעָה עַל אַרְבָּעָה, אוֹ לְמַעְלָה מֵעֲשָׂרָה, מְעָרְבִין שְׁנַיִם וְאֵין מְעָרְבִין אֶחָד:

An opening (in a wall) between two courtyards, four by four (handbreadths) in the midst of ten (tefachim) from the ground [i.e., if part of it, even a very small part, is ten tefachim from the ground] — two eruvin are made, [each (courtyard) for itself, and each forbids (carrying from one to) the other.] And if they wish, they make one eruv, [these (the men of one courtyard) placing their eruv in the other and being one with them (the men of the other courtyard)]. Less than four by four or higher than ten, two eruvin are made and one is not made. [Less than four by four is not (considered) an opening and is not fit for passing from one to the other. And if it is above ten, too, it does not lend itself to use. Therefore, one eruv is not made. This, only in an unroofed courtyard; but in a roofed house, even higher than ten, one eruv is made, it being customary to place benches and boxes around the house, so that it lends itself to use.]

כֹּתֶל שֶׁבֵּין שְׁתֵּי חֲצֵרוֹת גָּבוֹהַּ עֲשָׂרָה וְרָחָב אַרְבָּעָה, מְעָרְבִין שְׁנַיִם וְאֵין מְעָרְבִין אֶחָד. הָיוּ בְרֹאשׁוֹ פֵרוֹת, אֵלּוּ עוֹלִין מִכָּאן וְאוֹכְלִין, וְאֵלּוּ עוֹלִין מִכָּאן וְאוֹכְלִין, וּבִלְבַד שֶׁלֹּא יוֹרִידוּ לְמַטָּה. נִפְרְצָה הַכֹּתֶל עַד עֶשֶׂר אַמּוֹת, מְעָרְבִין שְׁנַיִם, וְאִם רָצוּ מְעָרְבִין אֶחָד, מִפְּנֵי שֶׁהוּא כְפֶתַח. יוֹתֵר מִכָּאן, מְעָרְבִין אֶחָד וְאֵין מְעָרְבִין שְׁנָיִם:

A wall between two courtyards ten (tefachim) high and four wide — two eruvin are made and not one. ["four" is taught, not because this amount is required for "closing off" (one courtyard from another), for a partition of any breadth constitutes "closing off," but (it is taught) by reason of what follows, viz.:] If there were fruits on top of it, these go up from here (i.e., from their courtyard) and eat, and those go up from there and eat, so long as they do not take it down [to the house-dwellers; but to the courtyard it is permitted. For it (a four-handbreadth wide partition) is considered a domain in itself. It is in this regard that four handbreadths are required, less than that constituting a makum p'tur ("a place of exemption) and both being permitted to take it down.] If the wall were breached, up to ten cubits, they make two eruvin; and if they wish, they make one, for it is like an opening. (If it is) more than that, they make one eruv and not two. [(For if it is more) it is a breach, and it is all considered one courtyard. And if each made an eruv for itself, it is as if they (the men of one courtyard) are dividing their eruvin, and they forbid each other.]

חָרִיץ שֶׁבֵּין שְׁתֵּי חֲצֵרוֹת עָמוֹק עֲשָׂרָה וְרָחָב אַרְבַּע, מְעָרְבִין שְׁנַיִם וְאֵין מְעָרְבִין אֶחָד, אֲפִלּוּ מָלֵא קַשׁ אוֹ תֶבֶן. מָלֵא עָפָר, אוֹ צְרוֹרוֹת, מְעָרְבִין אֶחָד, וְאֵין מְעָרְבִין שְׁנָיִם:

A hole [running the entire length] between two courtyards — ten (handbreadths) deep and four wide (for if less than that, it is easily crossed from edge to edge)] — two eruvin are made and not one, even if it is filled with straw and hay, [for this is not a "filling," not being left to remain there but to be taken away.] If it were filled with soil or stones, one eruv is made and not two.

נָתַן עָלָיו נֶסֶר שֶׁהוּא רָחָב אַרְבָּעָה טְפָחִים, וְכֵן שְׁתֵּי גְזֻזְטְרָאוֹת זוֹ כְנֶגֶד זוֹ, מְעָרְבִין שְׁנַיִם, וְאִם רָצוּ, מְעָרְבִין אֶחָד. פָּחוֹת מִכָּאן, מְעָרְבִין שְׁנַיִם וְאֵין מְעָרְבִין אֶחָד:

If he placed a four-handbreadth board over it [from edge to edge, like a bridge, it is considered an entrance]; similarly, two balconies [projecting from the private to the public domain], one opposite the other, [and he placed a four-handbreadth board from one to the other, it is also considered an entrance] — two eruvin are made. And if they wish, they make one eruv. Less than that [i.e., If the board is not four handbreadths wide, one is afraid to cross over on it, so that it is not readily used] — two eruvin are made and not one.

מַתְבֵּן שֶׁבֵּין שְׁתֵּי חֲצֵרוֹת, גָּבוֹהַּ עֲשָׂרָה טְפָחִים, מְעָרְבִין שְׁנַיִם וְאֵין מְעָרְבִין אֶחָד. אֵלּוּ מַאֲכִילִין מִכָּאן וְאֵלּוּ מַאֲכִילִין מִכָּאן. נִתְמַעֵט הַתֶּבֶן מֵעֲשָׂרָה טְפָחִים, מְעָרְבִין אֶחָד וְאֵין מְעָרְבִין שְׁנָיִם:

A stack of straw [running the entire breadth] between two courtyards, ten tefachim high — two eruvin are made and not one. These eat form here and those eat from there. [i.e., They allow their beasts to eat of the straw and need not fear lest the stack descend to less than ten tefachim and it become one domain, which they forbid to each other, and they continue to carry in the courtyard without being aware of it. This is not to be feared, for even if it does descend, if the reduction does not extend beyond ten cubits, they do not forbid each other. For ten cubits is an entrance (see 7:2), and a beast does not consume that much in one Shabbath.] If the straw (stack) descended below ten tefachim [along the length of the entire courtyard, or beyond ten cubits], one eruv is made and not two [(if it descended thus during the week, before Shabbath)].

כֵּיצַד מִשְׁתַּתְּפִין בַּמָּבוֹי. מֵנִיחַ אֶת הֶחָבִית וְאוֹמֵר, הֲרֵי זוֹ לְכָל בְּנֵי מָבוֹי, וּמְזַכֶּה לָהֶן עַל יְדֵי בְנוֹ וּבִתּוֹ הַגְּדוֹלִים וְעַל יְדֵי עַבְדּוֹ וְשִׁפְחָתוֹ הָעִבְרִים וְעַל יְדֵי אִשְׁתּוֹ, אֲבָל אֵינוֹ מְזַכֶּה לֹא עַל יְדֵי בְנוֹ וּבִתּוֹ הַקְּטַנִּים וְלֹא עַל יְדֵי עַבְדּוֹ וְשִׁפְחָתוֹ הַכְּנַעֲנִים, מִפְּנֵי שֶׁיָּדָן כְּיָדוֹ:

How is partnership made in a mavui? He sets down the (food) jug, [his own, if he wishes, in which instance he must assign it to them (for if it belongs to the others, no assignment is necessary)], and he says: "This is for all the people of the mavui." And he assigns it to them through his grown son or daughter or through his Hebrew bondsman or bondswoman, or through his wife. [He says to them: "Receive this jug and acquire it on behalf of all the people of the mavui." And the receiver lifts the eruv in his hand a handbreadth from the ground, for so long as it is in his (the owner's) domain, no acquisition (for others) is effected, and he says: "I have acquired it for them."]; but he does not assign it through his Canaanite bondsman or bondswoman, for their hand is as his (the master's) hand [and assignment (to others) is not thereby effected.]

נִתְמַעֵט הָאֹכֶל, מוֹסִיף וּמְזַכֶּה, וְאֵין צָרִיךְ לְהוֹדִיעַ. נִתּוֹסְפוּ עֲלֵיהֶם, מוֹסִיף וּמְזַכֶּה, וְצָרִיךְ לְהוֹדִיעַ:

If the food fell below [the required amount (see Mishnah 8)], he adds and assigns, and he need not apprise (them). [If he wishes to add of his own, even another kind (of food), which is not the same as that of the original partnership, he adds it and assigns it to them, and he need not apprise them of it. For since some of the first kind remains, he does not seem to be making an eruv ab initio. But if he adds of the original kind, even if it (the first eruv) were entirely depleted, he brings of that kind and assigns it to them and need not apprise them.] If (dwellers in the courtyard) were added to them, he adds (to the eruv) and assigns it to them, and he need not apprise them. [This, only when the courtyard has two entrances to two alleyways; for when they make an eruv with the men of one mavui they are forbidden to use the other, for which reason he must apprise them, lest they not wish to acquire (passage) on one side and lose it on the other. But if it has only one entrance to this mavui, for which they made a partnership in the beginning, he need not apprise them, for a man may be benefitted (even) when he is not present, and he may not be made to incur a loss except when he is present.]

כַּמָּה הוּא שִׁעוּרוֹ. בִּזְמַן שֶׁהֵן מְרֻבִּין, מְזוֹן שְׁתֵּי סְעוּדוֹת לְכֻלָּם. בִּזְמַן שֶׁהֵן מֻעָטִין, כִּגְרוֹגֶרֶת לְהוֹצָאַת שַׁבָּת לְכָל אֶחָד וְאֶחָד:

How much is the (required) amount (of the eruv)? When they are many, [eighteen men or more] — enough food for two meals for all. When they are few, [fewer than eighteen] — the size of a dried fig, [the amount for liability] for carrying out on Shabbath for each one. [For one who carries out food on Shabbath is not liable for less than that amount.]

אָמַר רַבִּי יוֹסֵי, בַּמֶּה דְבָרִים אֲמוּרִים, בִּתְחִלַּת עֵרוּב. אֲבָל בִּשְׁיָרֵי עֵרוּב, כָּל שֶׁהוּא. וְלֹא אָמְרוּ לְעָרֵב בַּחֲצֵרוֹת אֶלָּא כְדֵי שֶׁלֹּא לְשַׁכֵּחַ אֶת הַתִּינוֹקוֹת:

R. Yossi said: When is this so [that the above amounts are required]? At the beginning of (the making of) the eruv, but with the remnant of the eruv [i.e., with that which fell below the required amount], any amount suffices, for they ordained making an eruv in the courtyards [after they had made a partnership in the mavui] only so that it [the institution of courtyard eruvin] not be forgotten by the children, who do not know about the partnership in the mavui, for which reason we are lenient in this regard. But even though this (the above) is the reason for this ordinance, still, the halachah is not in accordance with R. Yossi in regard to the remnant of the eruv. We do not rule so leniently (as he does)].

בַּכֹּל מְעָרְבִין וּמִשְׁתַּתְּפִין, חוּץ מִן הַמַּיִם וּמִן הַמֶּלַח, דִּבְרֵי רַבִּי אֱלִיעֶזֶר. רַבִּי יְהוֹשֻׁעַ אוֹמֵר, כִּכָּר הוּא עֵרוּב. אֲפִלּוּ מַאֲפֵה סְאָה וְהִיא פְרוּסָה, אֵין מְעָרְבִין בָּהּ. כִּכָּר בְּאִסָּר וְהוּא שָׁלֵם, מְעָרְבִין בּוֹ:

An eruv and a partnership (in a mavui) is made with all (foods), except with water and salt. [("An eruv":) We are speaking here of eruvin of tchumin (Sabbath bounds); for eruvin of chatzeroth (courtyards) are made only with bread.] These are the words of R. Eliezer. R. Yehoshua says: A loaf is an eruv. [R. Eliezer, in "all (foods)" includes eruvei chatzeroth, permitting a piece of bread and not requiring an entire loaf; and R. Yehoshua differs with him, saying that only an entire loaf is an eruv. The halachah is in accordance with R. Yehoshua.] (R. Yehoshua says:) It is forbidden to make an eruv with a baked piece (of bread) even if it contains a sa'ah (of flour) [The reason: animosity, the possibility that this will arouse contention among the men of the courtyard, viz.: "I gave a whole loaf and he gave only a piece!"]; it is permitted to make an eruv with a whole loaf (even) if it is (only) the size of an issar. [It is placed as an eruv together with the other loaves of the men of the courtyard, so long as there be among all of them the size of a dried fig for each one. Rambam explains that a whole loaf the size of an issar (a certain coin) may be used as an eruv by itself for all the men of the courtyard, irrespective of the amount.]

נוֹתֵן אָדָם מָעָה לְחֶנְוָנִי וּלְנַחְתּוֹם כְּדֵי שֶׁיִּזְכֶּה לוֹ עֵרוּב, דִּבְרֵי רַבִּי אֱלִיעֶזֶר. וַחֲכָמִים אוֹמְרִים, לֹא זָכוּ לוֹ מְעוֹתָיו. וּמוֹדִים בִּשְׁאָר כָּל אָדָם שֶׁזָּכוּ לוֹ מְעוֹתָיו, שֶׁאֵין מְעָרְבִין לְאָדָם אֶלָּא מִדַּעְתּוֹ. אָמַר רַבִּי יְהוּדָה, בַּמֶּה דְבָרִים אֲמוּרִים, בְּעֵרוּבֵי תְחוּמִין, אֲבָל בְּעֵרוּבֵי חֲצֵרוֹת, מְעָרְבִין לְדַעְתּוֹ וְשֶׁלֹּא לְדַעְתּוֹ, לְפִי שֶׁזָּכִין לְאָדָם שֶׁלֹּא בְּפָנָיו, וְאֵין חָבִין לְאָדָם שֶׁלֹּא בְּפָנָיו:

One may give money to a shopkeeper [who sells wine and dwells with him in the mavui] or to a baker [who sells loaves and dwells with him in the courtyard] to assign to him (a share in) the eruv [with his fellows, viz.: "If the men of the mavui come to buy wine from you for a partnership, or the men of the courtyard, to buy a loaf for the eruv, let me have a share in it."] These are the words of R. Eliezer. The sages say: His money does not acquire for him. [For money does not acquire until one pulls (the purchased object). And even if the shopkeeper provided an eruv for all the others and also assigned it to this one, it is not an eruv, for he did not intend to assign it to him as a gift, gratis, in the manner of those who assign eruvin, but that he acquire it for the money. But he does not acquire it, for money (without "pulling") does not acquire; so that he is found to have made an eruv with his money.] And they concur that with other men (i.e., not shopkeepers) his money does acquire it. [If the house-owner says to his neighbor: "Take this money and assign an eruv for me," and he went and did so, he (the house-owner) acquires the eruv. For since the (other) house-owner does not regularly sell loaves, the first intended only to make him a messenger, as if he had said: "Make an eruv for me."] For an eruv may be made for another only with his knowledge. [Therefore, in the instance of the shopkeeper, when he said to him: "Assign it to me," his intent was only to acquire it from him, and he did not depend upon him as a messenger. And money does not acquire, and there was no empowering, so that he (the shopkeeper) would be making an eruv for him without his knowledge.] R. Yehudah said: When is this so? With eruvei tchumin (Sabbath bound eruvin) [which can be a liability, for he loses on the other side (of the tchum), and he may not wish it. The halachah is in accordance with R. Yehudah.], but with courtyard eruvin, the eruv can be made with or without his knowledge. For a man may be benefitted (even) when he is not present, and he may not be made to incur a loss except when he is present.