Comentario sobre Eruvin 2:13

עושים פסין לביראות – [watering stations (especially in the land of Israel for Temple pilgrims)] that are in the public domain because these watering stations/wells are the private domain, for they are deep ten [handbreadths] and one cannot fill up from them and take it out in to the public domain and they make boards that will make [an empty space] around the cistern which is the private domain and he will fill up and take out and leave there, and his animal can go in completely, or its head and most of its body and gave it to drink.

Introduction A well ten handbreadths deep which is found in the public domain is considered to be a private domain, and hence one is not allowed to draw water from the well on Shabbat. Our mishnah teaches that the rabbis allowed people to make a special arrangement around the well so that they could draw water from the well on Shabbat.

דיומדין – two pillars where each pillar from these four appears as two. "דיו" in the Greek language is “two.” But when one inserts the pillars that is made like two for the southwestern corner, it is found that one wall inclines towards the east, and one wall to the north and the second to the northwestern corner leans one side to the east and the other side to the south, and when you place all four of them in the four corners, it is found that direction is two cubits – one wall corresponding to a cubit and the space between them.

They may make posts for wells, [by setting up] four corner-pieces that have the appearance of eight [single posts], the words of Rabbi Judah. Rabbi Meir says: eight that have the appearance of twelve, four corner-pieces and four single [posts]. The rabbis said that around the well they could set up a pseudo-fence, one which would prevent the area from being a public domain but still allow easy access. According to Rabbi Judah, this is done by setting up corner-posts at each of four corners. Each corner post would have two pieces of wood set at a right angle so that it would look as if there were four walls. Rabbi Meir says that it is not sufficient for there to be four corner-posts. There must also be four single pieces around each side. These form pseudo-walls which give the structure more of an appearance of a fenced in area.

וארבעה פשוטים – in the middle, he places in each direction a board that is a cubit wide, and at the time when there isn’t between each board from these four corner-pieces made of rectangularly joined or of a block dug out In the shape of a trough, four of which corner-pieces form, in legal fiction, an enclosure of wells (see Talmud Eruvin 19a), but rather ten cubs or less, Rabbi Meir admits that there is no need for these plain boards, but if there is more than thirteen and one-third cubits between them, Rabbi Yehuda admits that they need plain boards; they do not dispute other than from ten until thirteen and one-third cubits as Rabbi Meir states that they require plain boards and Rabbi Yehuda states that they don’t, and the Halakha is according to Rabbi Yehuda.

Their height must be ten handbreadths, their width six, and their thickness [may be] of any size whatsoever. The height of the posts must be ten handbreadths in order for them to constitute a separate domain. Their width must be six handbreaths, which makes a cubit. There thickness is not important.

שתי רבקות של שלש שלש בקר – for the width of each cattle is two cubits minus one-third, it is found that that the width of six cattle is ten cubits and that is the space that one can place between each and every board, according to Rabbi Meir. But if the width is greater than this, he needs to increase the number of plain boards.

Between them [there may be] as much [space as to admit] two teams of three oxen each, the words of Rabbi Meir. Rabbi Judah says: [two teams] of four [oxen each] . [These teams being] tied together and not untied, [enough for] one to enter while the other goes out. In between the posts they can leave room for cattle to come in and out and drink from water drawn from the well. It was necessary for the cattle to come into the area because it was forbidden to take the water out from the area and bring it into the public domain. Again, the sages debate how much space may be left between the posts. According to Rabbi Meir, they may leave enough room for two teams of three cattle to enter and exit. In the Talmud it is explained that each cow is a cubit and two-thirds thick, making a total of 10 cubits. Rabbi Judah is again more lenient and allows a gap large enough for two teams of four cows, which adds up to 13 1/3 cubits. The end of the mishnah notes that these teams of cattle are to be tied to each other, and not walking separately. When they are untied the distance between them is even greater. Furthermore, the reference is not to two teams entering simultaneously, but rather to one team coming in and one going out. This is slightly larger than two teams of cattle going in the same direction.

רבקות – from the language (I Samuel 28:24): “[The woman had] a stall-fed calf [in the house].”

ר"י אומר של ארבע ארבע – they are thirteen and one-third cubits.

קשורות אבל לא מותרות – that you should not say that they are sort of tied and not actually tied, for that reason it was taught in the Mishnah, “"אבל לא מותרות/but not slack or loosely to be stringent and to reduce the space that is between them.

אחת נכנסת ואחת יוצאה – one team of cattle entering and one team leaving and there is greater width than if both of them would have been going out or both of them leaving and this is a leniency since we don’t require to be so squeezed in.

מותר להקריב לבאר – the boards and to make a short circumference as long as there would be from the rim of the well until between the boards in order that the head and most of the body of the cow which is two cubits but not less than this, lest he be drawn after his cow and remove the bucket outside of the partition.

Introduction This mishnah continues yesterday’s discussion of the enclosure around the well. Yesterday we talked about the posts set up to enclose the space. Today we talk about the proximity of the posts to the well itself.

מותר להרחיק כל שהוא – to make a larger partition like what his heard desires.

It is permitted to bring [the posts] close to the well, provided that a cow’s head and the greater part of its body can be within [the enclosure] when drinking. Some people might not want to make the enclosure to large since a large enclosure would overly interfere with the passing traffic in the public domain. The mishnah allows them to bring the posts in close to the well as long as a single cow can fit its head and most of its body within the enclosure when drinking. The Talmud explains that this is two cubits. More than this amount and there may be a problem of carrying from the private domain to the public domain.

ובלבד שירבה בפסין – as long as he increases the boars, for all while he distances himself from the cistern, the space increases between the boards and he needs to increase the boards so that there won’t be between each and every plain board [and between a plain board and a corner-piece more than thirteen and one-third cubits according to the words of Rabbi Yehuda, and the Halakha is according to him.

It is permitted to remove [the posts] to any [distance] provided one increases the posts. They can move the posts as far away from the well as they wish, as long as they increase the number or size of posts so that there remains no gap greater than either 10 cubits (Rabbi Meir) or 13 1/3 cubits (Rabbi Judah), as explained in yesterday’s mishnah.

רבי יהודה אומר עד בית סאתים – He should not make a large partition to the cistern other than up to a space of two Se’ahs (i.e., a Bet Se’ah is 2500 square cubits; two S’eah is 5000 square cubits).

Introduction In yesterday’s mishnah we saw that there is no limit to how large the enclosure around the well may be, so long as the gaps are kept to a certain minimum. In today’s mishnah, which is a direct continuation of yesterday’s, we will learn that this was the opinion of the sages whereas Rabbi Judah disagrees.

לגנה ולקרפף – that their partitions are not for a living.

Rabbi Judah says: [the enclosure may be only] as large as two bet se'ah. They said to him: they only prescribed [the limit of] two beth se’ah for a garden or a karpaf only, but if [the enclosure] was a pen, or sahar, a backyard or courtyard even if it is five or ten bet kor, it is permitted. And it is permitted to remove [the posts] to any [distance] provided one increases the posts. Rabbi Judah limits the size of the enclosure to two bet se’ah, which means a piece of land upon which one can grow enough wheat to produce a se’ah of grain. This is about 5000 square cubits (about 50 meters by 25 meters), the size of the mishkan (the tabernacle). The other sages respond to Rabbi Judah that the measure of 5000 square cubits does not apply to the halakhah about the enclosure surrounding a well, but rather applies to a garden or a karpaf, neither of which are enclosed as living spaces but rather to keep out animals or thieves. A karpaf is a large field behind a house or a courtyard or outside of a city which has been enclosed so that it can store wood. Since these are fenced in only to keep things out and not to keep things in, they have a relatively small minimum measurement. In contrast, things which are enclosed for those things which inhabit them, such as a pen, a sahar (a pen in the field to keep in the flocks), a backyard or a courtyard can be even the size of five or even ten bet kor. A kor is 30 se’ah, so this measure is significantly larger. The final clause of the mishnah is a repeat of the last clause in yesterday’s mishnah. Since the enclosure of a well is also enclosed for the use of those who wish to drink the water in the well, it to may be as large as one wants it to be. In summary, according to the sages there is a simple rule: if it is enclosed as a living space for either people or animals, the enclosure may be as large as one wants it to be. If it is enclosed to protect something stored inside, then the limit is two bet se’ah.

קרפף – a large partition outside of the city to place in there wood for storage.

דיר – of cattle that they make in the fields, today on one side, and on the morrow on the other side, to fertilize it with the manure of the cattle.

סחר – for cattle in the city and there are those that have the reading "סהר" – a prison.

חצר – an open area in front of the houses.

מוקצה – a wide area in back of the houses and all of these surround the human dwelling place and these boards of the watering stations also, since their waters are appropriate for drinking by humans, it is a higher level of usage.

ומותר להרחיק כל שהוא – meaning to say that all of these that were surrounding living space, even large ones up to ten Kor, it is permissible to carry in them , so too, it is permissible to distance the circumference of the boards of the watering stations all that his heart desires, and such is the Halakha [as long as they add enough boards so that the space between two boards does not exceed thirteen and one-third cubits in every case].

אם היתה דרך הרבים – the path that the public crosses through passes between the boards, he should divert it to the sides outside of the boards, so that the masses would not walk between the boards because they consider it like the public domain and annul the partition , but the Halakha is not according to Rabbi Yehuda.

Introduction The first section of this mishnah deals with a situation where a public road cuts through the enclosure around the well. The second section, which is the conclusion to the Mishnah’s discussion of this enclosure, teaches which types of wells and cisterns may be surrounded with this type of enclosure.

בור הרבים – if the water ceases they remind each other that they did not permit boards for watering stations other than if water would be available for animals, pilgrims ascending [to the Temple] on Jewish holy days and whenever there is no water there, the boards do not have the status of a partition.

Rabbi Judah says: if a public road cuts through them it should be diverted to one side; But the sages say: this is not necessary. By surrounding the well with a pseudo-fence, the area is transformed from a public domain to a non-public domain (although not necessarily a private domain). According to Rabbi Judah, if a public road cuts through the enclosure, it would remain a public domain, because the fence surrounding the enclosure is not a full fence. In such a situation it would be forbidden to draw water from the well on Shabbat. Therefore, the public road must be diverted. The sages say that this is not necessary since there is a fence surrounding the area. Even though this fence does not fully surround the area, it is sufficient such that the fact that the public uses the road does not nullify it.

באר היחיד – also permitted for these are a well of living waters and the water did not cease.

Both for a public cistern, a public well as well as a private well, they may make [an enclosure] of posts, but for a private cistern, they must make a partition ten handbreadths high, the words of Rabbi Akiva. Rabbi Judah ben Baba says: they make [an enclosure] of posts for a public well only while for the others they must make a belt ten handbreadths high. A well is a structure through which one draws water from an underground spring. A cistern is filled with rain water or water drawn from an aqueduct. According to Rabbi Akiva they may make the above-described enclosure around all of these structures on Shabbat so that they can draw water, with the exception of a private cistern. The reason that this type of enclosure may not be made around a private well is that the water may dry up on Shabbat. The fence around the enclosure is a special rabbinic enactment which permits carrying only while there is water in the well/cistern. The waters of a well will not dry up. Furthermore, since this cistern is owned by a private individual, she/he may forget that it is forbidden to carry into the public domain. At a publicly-owned cistern people will remind each other that this is forbidden. Rabbi Judah ben Baba says that this enactment applies only to a publicly-owned well. It does not apply to cisterns, and even public ones, because their water may dry up. It does not apply to a private well because at a private well an individual may forget that it is forbidden to carry from the private domain to the public domain. In order to draw water from a public cistern or a private well or cistern they have to rope the entire area off.

לבאר הרבים – for there are two levels of perfection, and this is the Halakha, for it is not permitted to fill water or to remove from the well through the boards of watering-stations other than in order to provide water for cattle of Temple pilgrims, and in the Land of Israel only, but to remove water in order for a person himself to drink is prohibit, but he can go down to the cistern and drink or make a partition ten handbreadths high.

ועוד א"ר יהודה בן בבא – because he said one stringent thing regarding boards when he said that we don’t make them other than for a public well, and now he stated another stringency, for even if surrounding the dwelling, they did not permit more than from two Se’ah’s space (i.e., 70 2/3 cubits square); because of this it (i.e., the Mishnah) teaches "ועוד" /”and furthermore.”

Introduction In mishnah three we learned that the maximum size of a garden or karpaf (enclosed area for storing wood) within which one may carry on Shabbat is two bet se’ah, or 5000 square cubits, the size of the mishkan (tabernacle) which was 100 cubits by 50 cubits. Our mishnah discusses a square garden or karpaf.

שומירה – a booth/shed for watchmen and even though it surrounds the dwelling it is two Se’ah in size which is permitted, but not more.

Rabbi Judah ben Bava further said: a garden or a karpaf whose [area does not exceed] seventy cubits and a fraction by seventy cubits and a fraction, which is surrounded by a fence ten handbreadths high, it is permitted to carry within it, provided there is in it a watchman’s hut or a dwelling place or it is near to a town. If the garden or karpaf is square its sides can be 70 and a fraction cubits long. Most commentators consider this “fraction” to be up to 2/3. 70 2/3 squared is 4993 7/9, a number pretty close to the maximum 5000 (the square root of 5000 is 70.71...). Other commentators reckon the exact fraction slightly differently. Rabbi Judah ben Bava also requires that the garden or karpaf be at least partially enclosed to serve as living quarters (see mishnah three). If it has a watchman’s hut, or is used even temporarily as a dwelling place he may carry witin it. Additionally, if it is close enough to town (within 2000 cubits, the Shabbat limit see introduction) then he frequently goes there and it is as if he lives in it. If it does not meet these requirements Rabbi Judah ben Bava forbids carrying there.

סמוכה לעיר – for since it is near to his house, his intention is to use it always and is like it surrounding the house.

Rabbi Judah says: even if it contained only a cistern, a ditch or a cave it is permitted to carry within it. According to Rabbi Judah, in order to be allowed to carry in the garden or karpaf they need not serve as dwelling places, but they must have been enclosed to serve some purpose for human beings (and not just to store things). A cistern and a ditch are used to collect rain water and a cave protects a person from the hot sun.

ובלבד שתהא שבעים ושירים על שבעים ושירים – but not more, for the First Tanna/teacher also, above (Chapter 2, Mishnah 3), that they (i.e., the Rabbis) said to him: they did not state two Se’ah other than for a garden and an enclosed space (of seventy square cubits) outside of a town or a settlement, but if it was a shed (for cattle)/store-house or an enclosure (for cattle) or a courtyard, etc., it is according to Rabbi Akiva who stated it, for where there is a dwelling place, and even many of them also, and it is not surrounded by two Se’ah for a dwelling. And what is the difference between them? We stated in the Gemara (Talmud Eruvin 23b) that there is a small amount of difference between them, for two Se’ah is larger than seventy cubits and a fraction (i.e. 70 2/3 cubits) square for the first Tanna/teacher permits two complete Se’ah and Rabbi Akiva seventy cubits and a fraction by seventy cubits and a fraction (i.e. 70 2/3 cubits but no further. But how did we know that two Se’ah is more than seventy cuits and a fraction squared, for we said in the Gemara (Talmud Eruvin 23b) and how much are the two Se’ah? Like the courtyard of the Tabernacle/Mishkan and it is written about the courtyard of the Tabernacle (Exodus 27:18): “The length of the enclosure shall be a hundred cubits, and the width fifty throughout.” And we expound: What is "חמשים בחמשים" /”fifty throughout?” The Torah stated: Take fifty whose length is greater than its width and surround the fifty remaining to the measure of Shabbat which would be for them seventy cubits and four handbreadths square. How so? He made from them five strips of ten cubits wide and their length was fifty. Take one to the east and one to the west, its width is seventy and its length is fifty. Place one to the south and one to the north, one has seventy [cubits] by seventy [cubits], but the corners are impaired for each corner by ten by ten because of the addition that had been added. Take from the fifth strip four pieces of ten apiece and place them on the four corners and they will be filled. Take ten [cubits] by ten [cubits] that are remaining which are sixty handbreadths [by sixty handbreadths] and make of them strips of two handbreadths – that makes thirty strips the length of each one is ten cubits which are three-hundred cubits, put seventy in each direction that makes seventy [cubits] and four handbreadths by seventy cubits and four handbreadths, but the corners are impaired by two handbreadths by two handbreadths. And there remained in your hand twenty cubits: take from them eight handbreadths and place them on the corners and they will be filled, and there will remain in your hand eighteen cubits and four handbreadths length with the width of two handbreadths, and that is a small mount, and if you came to divide them and to surround [it], it does not reach the addition for the width two-thirds fingers for you have to make of it a strap of two hundred and eighty-three [cubits] length to encompass the four directions. Such I have found in the explanation of this approach in the commentary of Rashi, and it is correct. But Maimonides requested many calculations and I did not go down to the end of this knowledge and in what Rabbi Akiva said: Even if there isn’t even one of these things we carry in it, the Halakha is according to him, but what he is in dispute with the Sages and they said to him that above and he holds that seventy cubits and a fraction by seventy cubits and a fraction and no more – in this, the Halakha is according to the Sages. For the two Se’ah is like the courtyard of the Tabernacle is permitted for it is a small amount more than seventy cubits and a fraction squared.

Rabbi Akiva says: even if it contained none of these it is permitted to carry within it, provided its area [does not exceed] seventy cubits and a fraction by seventy cubits and a fraction. Rabbi Akiva says that as long as the karpaf or garden do not exceed the maximum size, it is permitted to carry within them, no matter what they are used for.

אם היתה ארכה יותר כעל רחבה – and even though he reduced its width and added on to its length, there isn’t in all of it other than two-Seah – we don’t carry for it is something squared that the Rabbis permitted where it is not surrounded for living. But the Halakha is according to Rabbi Yosi who disputes with Rabbi Eliezer and does not required squared.

Rabbi Eliezer says: if its length exceeded its breadth even by a single cubit it is not permitted to carry within it. Rabbi Eliezer says that one can only carry in a square karpaf or garden and not in a rectangular one.

Rabbi Yose says: even if its length is twice its breadth it is permitted to carry within it. Rabbi Yose says that the garden and karpaf can be rectangular or square. They can even be more rectangular than the mishkan, whose length was twice its width (100 x 50 cubits).

אפילו היא כבית כור – on the dispute of above this refers regarding on a garden and an enclosure (see Mishnah three of this chapter).

Introduction In this mishnah Rabbi Ilai transmits three halakhot in the name of Rabbi Eliezer, the first two dealing with the topic of eruvin and the third dealing with the identification of bitter herbs for Pesach. The structure of this mishnah is similar to that which we encountered in tractate Eduyot mishnayot were ordered by names of the sages and not by topic.

אנשי חצר ששכח אחד מהם ולא עירב – and on the morrow, the domain of his court is nullified to his fellows for he has prohibited upon them to be able to remove from their homes to the courtyard, for the courtyard was in the domain of all of them and they his portion forbids upon them. Since the domain of is courtyard is nullified, even the domain of his home is nullified even though he did not specify this and he became a guest with them. Therefore, even his home is permitted to them, but forbidden to him to bring in and take out from his home to the courtyard, even though he is permitted to bring in and take out from their homes to the courtyard like all other people who enter the house of their fellow, that it is permitted to him to take out from the house of his fellow into the courtyard, for it is it is domain of one. Nevertheless, from his own house it is prohibited for him to take out, and we don’t say since he nullified for them the domain of his house, for his house is like their homes, that at the time that he takes something out from his house into the courtyard, he can go back and take hold of his domain, but he prohibits it upon them, as it is taught in the Mishnah (see Tractate Eruvin, Chapter 6, Mishnah 3), that a person who lives with idolaters, he who gave his domain and went back and removed something whether inadvertently or on purpose, he prohibits [his home to others].

Rabbi Ilai said: I heard from Rabbi Eliezer, even if it is as large as a bet kor. According to this tradition, Rabbi Eliezer allows carrying within a garden or karpaf even if it is large enough to sow a kor of produce. A kor is 30 se’ah, and a bet kor is 75,000 square cubits. Rabbi Eliezer allows carrying here even if the area is not designated to serve as a living space, as long as it has a proper partition.

שיוצאים בעקרבנין בפסח – because of Maror. And palm-ivy/prickly creepers on palm-trees is a green/herb whose leaves are similar to a scorpion, but I heard it is a fibrous substance/bast of a palm tree, that grows around the palm tree.

I also heard from him that if one of the residents of a courtyard forgot to join in the eruv, his house is forbidden to him for taking in or taking out any object but it is permitted to them. In subsequent chapters we will learn that in order for residents who share a courtyard to carry from their homes to the courtyard (and vice versa), they must set up an eruv, which consists of a common meal. If one of the people did not participate in setting up the eruv (meaning he did not help pay for the meal) then it is generally forbidden for everyone to carry from their homes into the courtyard since all of those who own the courtyard did not participate in the eruv. In other words since he partly owns the courtyard but did not participate in the eruv, others cannot carry in and out of the courtyard since all of the courtyard’s owners did not participate in the eruv. The Talmud explains that in the case described by the mishnah, the person who did not share in the eruv annuls his partial ownership of the courtyard, thereby granting those who did participate in the eruv full ownership over the courtyard. In such a case, all of the other people who share the courtyard may carry from their homes to the courtyard and even from his home to the courtyard, since he annulled his ownership. However, he may not carry from his home to the courtyard because that would look like he is retracting his annulment, an act which would make carrying forbidden. He may nevertheless carry from their homes to the courtyard since he is like a guest at their homes, and guests rely on the eruv of their hosts.

ובקשתי לי חבר – for these three things – if he heard from his mouth, and I di d not fine it, and the Halakha is not like one of them concerning a garden and an enclosure it is not permitted more than two-Seah/Bet Se’ahtayim. And the people of a courtyard where one of them forgot and did not make an Eruv in his domain, and did not annul his house, even to them, his house is forbidden, but from their homes to the courtyard is permitted. And the palm-ivy/prickly creepers on palm-trees are not Maror, and a person does not fulfill his religious obligation with them on Passover.

I also heard from him that people may fulfill their duty [for bitter herbs] at Pesach by eating hart’s tongue (. “Akrevanim” is a type of herb, which according to this tradition, may be used as bitter herbs on Pesach. The mishnah in tractate Pesachim does not list this herb as a possibility. Albeck identifies it as scolopendrium (hart’s tongue), which is a type of fern.

I went round among all his disciples seeking a fellowstudent but I found none. Rabbi Ilai did not find any other students who corroborated these traditions. This mishnah provides an interesting glimpse of how the oral tradition worked. Students would seek other students who had the same traditions and thereby strengthen their own certainty with regard to what their masters had taught them.