Torah Reading
Toldot: Genesis 25:19 Here is the history of Yitz’chak, Avraham’s son. Avraham fathered Yitz’chak. 20 Yitz’chak was forty years old when he took Rivkah, the daughter of B’tu’el the Arami from Paddan-Aram and sister of Lavan the Arami, to be his wife. 21 Yitz’chak prayed to Adonai on behalf of his wife, because she was childless. Adonai heeded his prayer, and Rivkah became pregnant. 22 The children fought with each other inside her so much that she said, “If it’s going to be like this, why go on living?” So she went to inquire of Adonai, 23 who answered her, “There are two nations in your womb. From birth they will be two rival peoples. One of these peoples will be stronger than the other, and the older will serve the younger.”
24 When the time for her delivery came, there were twins in her womb. 25 The first to come out was reddish and covered all over with hair, like a coat; so they named him ‘Esav [completely formed, that is, having hair already]. 26 Then his brother emerged, with his hand holding ‘Esav’s heel, so he was called Ya‘akov [he catches by the heel, he supplants]. Yitz’chak was sixty years old when she bore them.
27 The boys grew; and ‘Esav became a skillful hunter, an outdoorsman; while Ya‘akov was a quiet man who stayed in the tents. 28 Yitz’chak favored ‘Esav, because he had a taste for game; Rivkah favored Ya‘akov.
29 One day when Ya‘akov had cooked some stew, ‘Esav came in from the open country, exhausted, 30 and said to Ya‘akov, “Please! Let me gulp down some of that red stuff — that red stuff! I’m exhausted!” (This is why he was called Edom [red].) 31 Ya‘akov answered, “First sell me your rights as the firstborn.” 32 “Look, I’m about to die!” said ‘Esav. “What use to me are my rights as the firstborn?” 33 Ya‘akov said, “First, swear to me!” So he swore to him, thus selling his birthright to Ya‘akov. 34 Then Ya‘akov gave him bread and lentil stew; he ate and drank, got up and went on his way. Thus ‘Esav showed how little he valued his birthright.
26:1 A famine came over the land, not the same as the first famine, which had taken place when Avraham was alive. Yitz’chak went to G’rar, to Avimelekh king of the P’lishtim. 2 Adonai appeared to him and said, “Don’t go down into Egypt, but live where I tell you. 3 Stay in this land, and I will be with you and bless you, because I will give all these lands to you and to your descendants. I will fulfill the oath which I swore to Avraham your father — 4 I will make your descendants as numerous as the stars in the sky, I will give all these lands to your descendants, and by your descendants all the nations of the earth will bless themselves. 5 All this is because Avraham heeded what I said and did what I told him to do — he followed my mitzvot, my regulations and my teachings.”
(ii) 6 So Yitz’chak settled in G’rar. 7 The men of the place asked him about his wife, and out of fear he said, “She is my sister.” He thought, “If I tell them she’s my wife, they might kill me in order to take Rivkah. After all, she is a beautiful woman.” 8 But one day, after he had lived there a long time, Avimelekh king of the P’lishtim happened to be looking out of a window when he spotted Yitz’chak caressing Rivkah his wife. 9 Avimelekh summoned Yitz’chak and said, “So she is your wife, after all! How come you said, ‘She is my sister’?” Yitz’chak responded, “Because I thought, ‘I could get killed because of her.’” 10 Avimelekh said, “What is this you have done to us? One of the people could easily have slept with your wife, and you would have brought guilt on us!” 11 Then Avimelekh warned all the people: “Whoever touches this man or his wife will certainly be put to death.”
12 Yitz’chak planted crops in that land and reaped that year a hundred times as much as he had sowed. Adonai had blessed him.
(iii) 13 The man became rich and prospered more and more, until he had become very wealthy indeed. 14 He had flocks, cattle and a large household; and the P’lishtim envied him. 15 Now the P’lishtim had stopped up and filled with dirt all the wells his father’s servants had dug during the lifetime of Avraham his father. 16 Avimelekh said to Yitz’chak, “You must go away from us, because you have become much more powerful than we are.” 17 So Yitz’chak left, set up camp in Vadi G’rar and lived there. 18 Yitz’chak reopened the wells which had been dug during the lifetime of Avraham his father, the ones the P’lishtim had stopped up after Avraham died, and called them by the names his father had used for them. 19 Yitz’chak’s servants dug in the vadi and uncovered a spring of running water. 20 But the herdsmen of G’rar quarreled with Yitz’chak’s herdsmen, claiming, “That water is ours!” So he called the well ‘Esek [quarrel], because they quarreled with him. 21 They dug another well and quarreled over that one too. So he called it Sitnah [enmity]. 22 He went away from there and dug another well, and over that one they didn’t quarrel. So he called it Rechovot [wide open spaces] and said, “Because now Adonai has made room for us, and we will be productive in the land.”
(iv) 23 From there Yitz’chak went up to Be’er-Sheva. 24 Adonai appeared to him that same night and said, “I am the God of Avraham your father. Don’t be afraid, because I am with you; I will bless you and increase your descendants for the sake of my servant Avraham.” 25 There he built an altar and called on the name of Adonai. He pitched his tent there, and there Yitz’chak’s servants dug a well.
26 Then Avimelekh went to him from G’rar with his friend Achuzat and Pikhol the commander of his army. 27 Yitz’chak said to them, “Why have you come to me, even though you were unfriendly to me and sent me away?” 28 They answered, “We saw very clearly that Adonai has been with you; so we said, ‘Let there be an oath between us: let’s make a pact between ourselves and you 29 that you will not harm us, just as we have not caused you offense but have done you nothing but good and sent you on your way in peace. Now you are blessed by Adonai.’”
(v) 30 Yitz’chak prepared a banquet for them, and they ate and drank. 31 The next morning, they got up early and swore to each other. Then Yitz’chak sent them on their way, and they left him peacefully. 32 That very day Yitz’chak’s servants came and told him about the well they had dug, “We have found water.” 33 So he called it Shiv‘ah [oath, seven], and for this reason the name of the city is Be’er-Sheva [well of seven, well of an oath] to this day.
34 When ‘Esav was forty years old, he took as wives Y’hudit the daughter of Be’eri the Hitti and Basmat the daughter of Elon the Hitti. 35 But they became a cause for embitterment of spirit to Yitz’chak and Rivkah.
27:1 In the course of time, after Yitz’chak had grown old and his eyes dim, so that he couldn’t see, he called ‘Esav his older son and said to him, “My son?” and he answered, “Here I am.” 2 “Look, I’m old now, I don’t know when I will die. 3 Therefore, please take your hunting gear — your quiver of arrows and your bow; go out in the country, and get me some game. 4 Make it tasty, the way I like it; and bring it to me to eat. Then I will bless you [as firstborn], before I die.”
5 Rivkah was listening when Yitz’chak spoke to his son ‘Esav. So when ‘Esav went out to the country to hunt for game and bring it back, 6 she said to her son Ya‘akov, “Listen! I heard your father telling ‘Esav your brother, 7 ‘Bring me game, and make it tasty, so I can eat it. Then I will give you my blessing in the presence of Adonai, before my death.’ 8 Now pay attention to me, my son; and do what I tell you. 9 Go to the flock, and bring me back two choice kids. I will make it tasty for your father, the way he likes it; 10 and you will bring it to your father to eat; so that he will give his blessing to you before his death.” 11 Ya‘akov answered Rivkah his mother, “Look, ‘Esav is hairy, but I have smooth skin. 12 Suppose my father touches me — he’ll know I’m trying to trick him, and I’ll bring a curse on myself, not a blessing!” 13 But his mother said, “Let your curse be on me. Just listen to me, and go get me the kids!” 14 So he went, got them and brought them to his mother; and his mother prepared them in the tasty way his father loved. 15 Next, Rivkah took ‘Esav her older son’s best clothes, which she had with her in the house, and put them on Ya‘akov her younger son; 16 and she put the skins of the goats on his hands and on the smooth parts of his neck. 17 Then she gave the tasty food and the bread she had prepared to her son Ya‘akov.
18 He went to his father and said, “My father?” He replied, “Here I am; who are you, my son?” 19 Ya‘akov said to his father, “I am ‘Esav your firstborn. I’ve done what you asked me to do. Get up now, sit down, eat the game, and then give me your blessing.” 20 Yitz’chak said to his son, “How did you find it so quickly, my son?” He answered, “Adonai your God made it happen that way.” 21 Yitz’chak said to Ya‘akov, “Come here, close to me, so I can touch you, my son, and know whether you are in fact my son ‘Esav or not.” 22 Ya‘akov approached Yitz’chak his father, who touched him and said, “The voice is Ya‘akov’s voice, but the hands are ‘Esav’s hands.” 23 However, he didn’t detect him; because his hands were hairy like his brother ‘Esav’s hands; so he gave him his blessing. 24 He asked, “Are you really my son ‘Esav?” And he replied, “I am.” 25 He said, “Bring it here to me, and I will eat my son’s game, so that I can give you my blessing.” So he brought it up to him, and he ate; he also brought him wine, and he drank. 26 Then his father Yitz’chak said to him, “Come close now, and kiss me, my son.” 27 He approached and kissed him. Yitz’chak smelled his clothes and blessed Ya‘akov with these words: “See, my son smells like a field which Adonai has blessed. (vi) 28 So may God give you dew from heaven, the richness of the earth, and grain and wine in abundance. 29 May peoples serve you and nations bow down to you. May you be lord over your kinsmen, let your mother’s descendants bow down to you. Cursed be everyone who curses you, and blessed be everyone who blesses you!”
30 But as soon as Yitz’chak had finished giving his blessing to Ya‘akov, when Ya‘akov had barely left his father’s presence, ‘Esav his brother came in from his hunting. 31 He too had prepared a tasty meal and brought it to his father, and now he said to his father, “Let my father get up and eat from his son’s game, so that you may give me your blessing.” 32 Yitz’chak his father said to him, “Who are you?” and he answered, “I am your son, your firstborn, ‘Esav.” 33 Yitz’chak began trembling uncontrollably and said, “Then who was it that took game and brought it to me? I ate it all just before you came, and I gave my blessing to him. That’s the truth, and the blessing must stand.” 34 When ‘Esav heard his father’s words he burst into loud, bitter sobbing. “Father, bless me too,” he begged. 35 He replied, “Your brother came deceitfully and took away your blessing.” 36 ‘Esav said, “His name, Ya‘akov [he supplants], really suits him — because he has supplanted me these two times: he took away my birthright, and here, now he has taken away my blessing!” Then he asked, “Haven’t you saved a blessing for me?” 37 Yitz’chak answered ‘Esav, “Look, I have made him your lord, I have given him all his kinsmen as servants, and I have given him grain and wine to sustain him. What else is there that I can do for you, my son?” 38 ‘Esav said to his father, “Have you only one blessing, my father? Father, bless me too!” ‘Esav wept aloud, 39 and Yitz’chak his father answered him: “Here! Your home will be of the richness of the earth and of the dew of heaven from above. 40 You will live by your sword, and you will serve your brother. But when you break loose, you will shake his yoke off your neck.”
41 ‘Esav hated his brother because of the blessing his father had given him. ‘Esav said to himself, “The time for mourning my father will soon come, and then I will kill my brother Ya‘akov.” 42 But the words of ‘Esav her older son were told to Rivkah. She sent for Ya‘akov her younger son and said to him, “Here, your brother ‘Esav is comforting himself over you by planning to kill you. 43 Therefore, my son, listen to me: get up and escape to Lavan my brother in Haran. 44 Stay with him a little while, until your brother’s anger subsides. 45 Your brother’s anger will turn away from you, and he will forget what you did to him. Then I’ll send and bring you back from there. Why should I lose both of you on the same day?”
46 Rivkah said to Yitz’chak, “I’m sick to death of Hitti women! If Ya‘akov marries one of the Hitti women, like those who live here, my life won’t be worth living.”
28:1 So Yitz’chak called Ya‘akov, and, after blessing him, charged him: “You are not to choose a wife from the Hitti women. 2 Go now to the home of B’tu’el your mother’s father, and choose a wife there from the daughters of Lavan your mother’s brother. 3 May El Shaddai bless you, make you fruitful and increase your descendants, until they become a whole assembly of peoples. 4 And may he give you the blessing which he gave Avraham, you and your descendants with you, so that you will possess the land you will travel through, the land God gave to Avraham.”
(vii) 5 So Yitz’chak sent Ya‘akov away; and he went to Paddan-Aram, to Lavan, son of B’tu’el the Arami, the brother of Rivkah Ya‘akov’s and ‘Esav’s mother. 6 Now ‘Esav saw that Yitz’chak had blessed Ya‘akov and sent him away to Paddan-Aram to choose a wife from there, and that as he blessed him he charged him, “You are not to choose a Kena‘ani woman as your wife,” (Maftir) 7 and that Ya‘akov had listened to his father and mother and gone to Paddan-Aram. 8 ‘Esav also saw that the Kena‘ani women did not please Yitz’chak his father. 9 So ‘Esav went to Yishma‘el and took, in addition to the wives he already had, Machalat the daughter of Yishma‘el Avraham’s son, the sister of N’vayot, to be his wife.
Malachi 1:1 A prophecy, the word of Adonai to Isra’el through Mal’akhi:
2 “I love you,” says Adonai.
But you ask, “How do you show us your love?”
Adonai answers, “‘Esav was Ya‘akov’s brother.
Yet I loved Ya‘akov 3 but hated ‘Esav.
I made his mountains desolate
and gave his territory to desert jackals.”
4 Edom says, “We are beaten down now,
but we will come back and rebuild the ruins.”
Adonai-Tzva’ot answers, “They can build,
but I will demolish.
They will be called the Land of Wickedness,
the people with whom Adonai is permanently angry.
5 You will see it and say, ‘Adonai is great,
even beyond the borders of Isra’el.’”
6 “A son honors his father and a servant his master. But if I’m a father, where is the honor due me? and if I’m a master, where is the respect due me? — says Adonai-Tzva’ot to you cohanim who despise my name. You ask, ‘How are we despising your name?’ 7 By offering polluted food on my altar! Now you ask, ‘How are we polluting you?’ By saying that the table of Adonai doesn’t deserve respect; 8 so that there’s nothing wrong with offering a blind animal as a sacrifice, nothing wrong with offering an animal that’s lame or sick. Try offering such an animal to your governor, and see if he will be pleased with you! Would he even receive you?” asks Adonai-Tzva’ot. 9 So if you pray now that God will show us favor, what your actions have accomplished is that Adonai-Tzva’ot asks, “Will he receive any of you? 10 Why doesn’t even one of you shut the doors and thus stop this useless lighting of fires on my altar? I take no pleasure in you,” says Adonai-Tzva’ot, “and I will not receive an offering from you. 11 For from farthest east to farthest west my name is great among the nations. Offerings are presented to my name everywhere, pure gifts; for my name is great among the nations,” says Adonai-Tzva’ot. 12 “But you profane it by saying that the table of Adonai is polluted, so that the fruit and food offered deserve contempt. 13 You also say, ‘It’s all so tiresome!’ and sniff scornfully at it,” says Adonai-Tzva’ot. “Then you bring animals that were taken by violence, or they are lame or sick. This is the sort of offering you bring. Am I supposed to accept this from you?” asks Adonai. 14 “Moreover, cursed is the deceiver who has a male animal in his flock that is damaged, but vows and sacrifices to Adonai anyway. For I am a great king,” says Adonai-Tzva’ot, “and my name is respected among the nations.
2:1 “Now, cohanim, this command is for you.
2 If you won’t listen, if you won’t pay attention
to honoring my name,”
says Adonai-Tzva’ot,
“then I will send the curse on you;
I will turn your blessings into curses.
Yes, I will curse them,
because you pay no attention.
3 I will reject your seed;
I will throw dung in your faces,
the dung from your festival offerings;
and you will be carted off with it.
4 Then you will know that I sent you this command
to affirm my covenant with Levi,”
says Adonai-Tzva’ot.
5 “My covenant with him was one of life and peace,
and I gave him these things.
It was also one of fear, and he feared me;
he was in awe of my name.
6 The true Torah was in his mouth,
and no dishonesty was found on his lips;
he walked with me in peace and uprightness
and turned many away from sin.
7 A cohen’s lips should safeguard knowledge,
and people should seek Torah from his mouth,
because he is the messenger
of Adonai-Tzva’ot.
Today's Study:
Chitas and Rambam for today:
Chumash: Toldot, 7th Portion Genesis 28:5-28:9 with Rashi
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Genesis Chapter 28
5And Isaac sent Jacob, and he went to Padan aram, to Laban the son of Bethuel the Aramean, the brother of Rebecca, the mother of Jacob and Esau. הוַיִּשְׁלַ֤ח יִצְחָק֙ אֶת־יַֽעֲקֹ֔ב וַיֵּ֖לֶךְ פַּדֶּ֣נָ֥ה אֲרָ֑ם אֶל־לָבָ֤ן בֶּן־בְּתוּאֵל֙ הָֽאֲרַמִּ֔י אֲחִ֣י רִבְקָ֔ה אֵ֥ם יַֽעֲקֹ֖ב וְעֵשָֽׂו:
the mother of Jacob and Esau: I do not know what this teaches us. [I.e., We already know from the narrative that Rebecca was their mother.] אם יעקב ועשו: איני יודע מה מלמדנו:
6And Esau saw that Isaac had blessed Jacob and sent him away to Padan aram, to take himself a wife from there, and that when he blessed him, he commanded him, saying, "You shall not take a wife of the daughters of Canaan." ווַיַּ֣רְא עֵשָׂ֗ו כִּֽי־בֵרַ֣ךְ יִצְחָק֘ אֶת־יַֽעֲקֹב֒ וְשִׁלַּ֤ח אֹתוֹ֙ פַּדֶּ֣נָ֥ה אֲרָ֔ם לָקַֽחַת־ל֥וֹ מִשָּׁ֖ם אִשָּׁ֑ה בְּבָֽרֲכ֣וֹ אֹת֔וֹ וַיְצַ֤ו עָלָיו֙ לֵאמֹ֔ר לֹֽא־תִקַּ֥ח אִשָּׁ֖ה מִבְּנ֥וֹת כְּנָֽעַן:
7And Jacob listened to his father and his mother, and he went to Padan aram. זוַיִּשְׁמַ֣ע יַֽעֲקֹ֔ב אֶל־אָבִ֖יו וְאֶל־אִמּ֑וֹ וַיֵּ֖לֶךְ פַּדֶּ֣נָ֥ה אֲרָֽם:
And Jacob listened: This is connected to the aforementioned topic: When Esau saw that Isaac had blessed [Jacob] and that he had sent him off to Padan-aram, and that Jacob listened to his father and went to Padan-aram, and that the daughters of Canaan were displeasing [to his father], then he, too, went to Ishmael. וישמע יעקב: מחובר לענין של מעלה וירא עשו כי ברך יצחק וגו' וכי שלח אותו פדנה ארם, וכי שמע יעקב אל אביו והלך פדנה ארם וכי רעות בנות כנען, והלך גם הוא אל ישמעאל:
8And Esau saw that the daughters of Canaan were displeasing to his father Isaac. חוַיַּ֣רְא עֵשָׂ֔ו כִּ֥י רָע֖וֹת בְּנ֣וֹת כְּנָ֑עַן בְּעֵינֵ֖י יִצְחָ֥ק אָבִֽיו:
9So Esau went to Ishmael, and he took Mahalath, the daughter of Ishmael, the son of Abraham, the sister of Nebaioth, in addition to his other wives as a wife. טוַיֵּ֥לֶךְ עֵשָׂ֖ו אֶל־יִשְׁמָעֵ֑אל וַיִּקַּ֡ח אֶת־מָֽחֲלַ֣ת | בַּת־יִשְׁמָעֵ֨אל בֶּן־אַבְרָהָ֜ם אֲח֧וֹת נְבָי֛וֹת עַל־נָשָׁ֖יו ל֥וֹ לְאִשָּֽׁה:
the sister of Nebaioth: Since it says, “the daughter of Ishmael,” do I not know that she was the sister of Nebaioth? But this teaches us that Ishmael died after he had betrothed her to Esau, before her marriage, and her brother Nebaioth gave her hand in marriage. This also teaches us that Jacob was sixty-three years old at that time, for Ishmael was seventy-four years old when Jacob was born. Ishmael was fourteen years older than Isaac, and Isaac was sixty years old when they were born, hence [Ishmael was] seventy-four. He lived one hundred and thirty seven years, as it is stated (above 25:17): “and these are the years of the life of Ishmael,” etc. Consequently, Jacob was sixty-three at Ishmael’s death. We learn from here that he hid for fourteen years in the house of Eber and afterwards went to Haran. [This can be deduced from the fact that] he stayed in Laban’s house before Joseph’s birth only fourteen years, as it is said (below 31:41): “I worked for you fourteen years for your two daughters and six years for your sheep,” and the payment for the sheep took place after Joseph was born, as it is said (below 30:25): “And it came to pass when Rachel had given birth to Joseph, etc.,” and Joseph was thirty years old when he became ruler, and from then until Jacob descended to Egypt were nine years: seven of plenty and two of famine. And Jacob said to Pharaoh (below 47:9): “The days of the years of my sojournings are one hundred and thirty years.” Go forth and figure 14 years before Joseph was born, plus the 30 years of Joseph’s age, plus the 9 years from the time he became ruler until Jacob came. The total is 53. And when he [Jacob] left his father, he was 63, totaling 116. Yet he said [to Pharaoh, “I am] one hundred and thirty years old.” Hence, there are fourteen years missing. Thus, you learn that after he had received the blessings, he hid in the house of Eber for fourteen years. [From Meg. 17:1] (However, he was not punished [for these fourteen years] because of the merit [of having studied] Torah, for Joseph was separated from his father only twenty-two years, i.e., from age seventeen until age thirty-nine, corresponding to the twenty-two years that Jacob was separated from his father [when] he did not honor him. These are the twenty years in Laban’s house, plus the two years that he spent traveling [home], as it is written (below 33:17): “And he built himself a house, and for his cattle he made booths.” Our Rabbis of Blessed Memory inferred from this verse that he spent eighteen months on the road, for the house was for the rainy season, and the booths were for the summer. And, according to the calculation of the verses, which we calculated above, from the time he left his father until he went down to Egypt, at the age of one hundred and thirty, we find an additional fourteen years, therefore, it is certain that he hid in the house of Eber to learn Torah while on his way to the house of Laban. And because of the merit of the Torah, he was not punished for them [those fourteen years], and Joseph was separated from him for only twenty-two years-measure for measure. The above is from an old Rashi text). אחות נביות: ממשמע שנאמר (לעיל כה יג) בת ישמעאל איני יודע שהיא אחות נביות, אלא למדנו שמת ישמעאל משיעדה לעשו קודם נשואיה והשיאה נביות אחיה. ולמדנו שהיה יעקב באותו הפרק בן ששים ושלש שנים, שהרי ישמעאל בן שבעים וארבע שנים היה כשנולד יעקב, ארבע עשרה שנה היה גדול ישמעאל מיצחק, ויצחק בן ששים שנה בלדת אותם הרי שבעים וארבע, ושנותיו היו מאה שלושים ושבע, שנאמר (שם יז) ואלה שני חיי ישמעאל וגו', נמצא יעקב כשמת ישמעאל בן ששים ושלש שנים היה, ולמדנו מכאן שנטמן בבית עבר ארבע עשרה שנה ואחר כך הלך לחרן, שהרי לא שהה בבית לבן שלפני לידתו של יוסף אלא ארבע עשרה שנה, שנאמר (שם לא מא) עבדתיך ארבע עשרה שנה בשתי בנותיך ושש שנים בצאנך ושכר הצאן משנולד יוסף היה, שנאמר (שם ל כה) ויהי כאשר ילדה רחל את יוסף וגו', ויוסף בן שלשים שנה היה כשמלך, ומשם עד שירד יעקב למצרים תשע שנים, שבע של שובע ושתיים של רעב, ויעקב אמר לפרעה (שם מז ט) ימי שני מגורי שלשים ומאת שנה. צא וחשוב ארבע עשרה שלפני לידת יוסף, ושלשים של יוסף, ותשע משמלך עד שבא יעקב הרי חמשים ושלש, וכשפירש מאביו היה בן ששים ושלש הרי מאה ושש עשרה, והוא אומר שלשים ומאת שנה, הרי חסרים ארבע עשרה שנים הא למדת שאחר שקבל הברכות נטמן בבית עבר ארבע עשרה שנים. (אבל לא נענש עליהם בזכות התורה, שהרי לא פירש יוסף מאביו אלא עשרים ושתים שנה דהיינו משבע עשרה עד שלשים ותשע
כנגד עשרים ושתים שפירש יעקב מאביו ולא כבדו, והם עשרים שנים בבית לבן, ושתי שנים ששהה בדרך, כדכתיב (להלן לג יז) ויבן לו בית ולמקנהו עשה סכות, ופירשו רבותינו ז"ל מזה הפסוק ששהה שמונה עשר חדשים בדרך, דבית הוה בימות הגשמים וסכות הוה בימות החמה, ולחשבון הפסוקים שחשבנו לעיל משפירש מאביו עד שירד למצרים שהיה בן מאה שלשים שנים, שם אנו מוצאים עוד ארבע עשרה שנים, אלא ודאי נטמן בבית עבר בהליכתו לבית לבן ללמוד תורה ממנו, ובשביל זכות התורה לא נענש עליהם ולא פירש יוסף ממנו אלא עשרים ושתים שנה, מדה כנגד מדה):
to his other wives: He added wickedness upon his wickedness, for he did not divorce the first ones. [From Gen. Rabbah 67:13] על נשיו: הוסיף רשעה על רשעתו, שלא גירש את הראשונות:
• Daily Tehillim: Psalms Chapters 18 - 22
• Chapter 18
If one merits a public miracle, he should offer a song to God, including in his song all the miracles that have occurred since the day the world was created, as well as the good that God wrought for Israel at the giving of the Torah. And he should say: "He Who has performed these miracles, may He do with me likewise."
1. For the Conductor. By the servant of the Lord, by David, who chanted the words of this song to the Lord on the day the Lord delivered him from the hand of all his enemies, and from the hand of Saul.
2. He said, "I love You, Lord, my strength.
3. The Lord is my rock, my fortress, and my rescuer. My God is my strength in Whom I take shelter, my shield, the horn of my salvation, my stronghold.
4. With praises I call upon the Lord, and I am saved from my enemies.
5. For the pangs of death surrounded me, and torrents of evil people terrified me.
6. Pangs of the grave encompassed me; snares of death confronted me.
7. In my distress I called upon the Lord, I cried out to my God; and from His Sanctuary He heard my voice, and my supplication before Him reached His ears.
8. The earth trembled and quaked; the foundations of the mountains shook-they trembled when His wrath flared.
9. Smoke rose in His nostrils, devouring fire blazed from His mouth, and burning coals flamed forth from Him.
10. He inclined the heavens and descended, a thick cloud was beneath His feet.
11. He rode on a cherub and flew; He soared on the wings of the wind.
12. He made darkness His concealment, His surroundings His shelter-of the dense clouds with their dark waters.
13. Out of the brightness before Him, His clouds passed over, with hailstones and fiery coals.
14. The Lord thundered in heaven, the Most High gave forth His voice-hailstones and fiery coals.
15. He sent forth His arrows and scattered them; many lightnings, and confounded them.
16. The channels of water became visible, the foundations of the world were exposed-at Your rebuke, O Lord, at the blast of the breath of Your nostrils.
17. He sent from heaven and took me; He brought me out of surging waters.
18. He rescued me from my fierce enemy, and from my foes when they had become too strong for me.
19. They confronted me on the day of my misfortune, but the Lord was my support.
20. He brought me into spaciousness; He delivered me because He desires me.
21. The Lord rewar-ded me in accordance with my righteousness; He repaid me according to the cleanliness of my hands.
22. For I have kept the ways of the Lord, and have not transgressed against my God;
23. for all His laws are before me, I have not removed His statutes from me.
24. I was perfect with Him, and have guarded myself from sin.
25. The Lord repaid me in accordance with my righteousness, according to the cleanliness of my hands before His eyes.
26. With the kindhearted You act kindly, with the upright man You act uprightly.
27. With the pure You act purely, but with the crooked You act cun- ningly.
28. For the destitute nation You save, but haughty eyes You humble.
29. Indeed, You light my lamp; the Lord, my God, illuminates my darkness.
30. For with You I run against a troop; with my God I scale a wall.
31. The way of God is perfect; the word of the Lord is pure; He is a shield to all who take refuge in Him.
32. For who is God except the Lord, and who is a rock except our God!
33. The God Who girds me with strength, and makes my path perfect.
34. He makes my feet like deers', and stands me firmly on my high places.
35. He trains my hands for battle, my arms to bend a bow of bronze.
36. You have given me the shield of Your deliverance, Your right hand upheld me; Your humility made me great.
37. You have widened my steps beneath me, and my knees have not faltered.
38. I pursued my enemies and overtook them; I did not turn back until I destroyed them.
39. I crushed them so that they were unable to rise; they are fallen beneath my feet.
40. You have girded me with strength for battle; You have subdued my adversaries beneath me.
41. You have made my enemies turn their backs to me, and my foes I cut down.
42. They cried out, but there was none to deliver them; to the Lord, but He did not answer them.
43. I ground them as the dust before the wind, I poured them out like the mud in the streets.
44. You have rescued me from the quarrelsome ones of the people, You have made me the head of nations; a nation I did not know became subservient to me.
45. As soon as they hear of me they obey me; strangers deny to me [their disloyalty].
46. Strangers wither away, they are terrified in their strongholds.
47. The Lord lives; blessed is my Rock; exalted is the God of my deliverance.
48. You are the God Who executes retribution for me, and subjugates nations under me.
49. Who rescues me from my enemies, Who exalts me above my adversaries, Who delivers me from the man of violence.
50. Therefore I will laud You, Lord, among the nations, and sing to Your Name.
51. He grants His king great salvations, and bestows kindness upon His anointed, to David and his descendants forever."
Chapter 19
To behold God's might one should look to the heavens, to the sun, and to the Torah, from which awesome miracles and wonders can be perceived--wonders that lead the creations to tell of God's glory.
1. For the Conductor, a psalm by David.
2. The heavens recount the glory of the Almighty; the sky proclaims His handiwork.
3. Day to day speech streams forth; night to night expresses knowledge.
4. There is no utterance, there are no words; their voice is inaudible.
5. Their arc extends throughout the world; their message to the end of the earth. He set in them [the heavens] a tent for the sun,
6. which is like a groom coming forth from his bridal canopy, like a strong man rejoicing to run the course.
7. Its rising is at one end of the heavens, and its orbit encompasses the other ends; nothing is hidden from its heat.
8. The Torah of the Lord is perfect, restoring the soul; the testimony of the Lord is trustworthy, making wise the simpleton.
9. The precepts of the Lord are just, rejoicing the heart; the command of the Lord is clear, enlightening the eyes.
10. The fear of the Lord is pure, abiding forever; the judgments of the Lord are true, they are all righteous together.
11. They are more desirable than gold, than much fine gold; sweeter than honey or the drippings of honeycomb.
12. Indeed, Your servant is scrupulous with them; in observing them there is abundant reward.
13. Yet who can discern inadvertent wrongs? Purge me of hidden sins.
14. Also hold back Your servant from willful sins; let them not prevail over me; then I will be unblemished and keep myself clean of gross transgression.
15. May the words of my mouth and the meditation of my heart be acceptable before You, Lord, my Strength and my Redeemer.
Chapter 20
If a loved one or relative is suffering-even in a distant place, where one is unable to help-offer this prayer on their behalf.
1. For the Conductor, a psalm by David.
2. May the Lord answer you on the day of distress; may the Name of the God of Jacob fortify you.
3. May He send your help from the Sanctuary, and support you from Zion.
4. May He remember all your offerings, and always accept favorably your sacrifices.
5. May He grant you your heart's desire, and fulfill your every counsel.
6. We will rejoice in your deliverance, and raise our banners in the name of our God; may the Lord fulfill all your wishes.
7. Now I know that the Lord has delivered His anointed one, answering him from His holy heavens with the mighty saving power of His right hand.
8. Some [rely] upon chariots and some upon horses, but we [rely upon and] invoke the Name of the Lord our God.
9. They bend and fall, but we rise and stand firm.
Chapter 21
One who is endowed with prosperity, and whose every desire is granted, ought not be ungrateful. He should praise and thank God, recognize Him as the cause of his prosperity, and trust in Him. For everything comes from the kindness of the One Above.
1. For the Conductor, a psalm by David.
2. The king rejoices in Your strength, Lord; how greatly he exults in Your deliverance!
3. You have given him his heart's desire, and You have never withheld the utterance of his lips.
4. You preceded him with blessings of good; You placed a crown of pure gold on his head.
5. He asked of You life, You gave it to him-long life, forever and ever.
6. His glory is great in Your deliverance; You have placed majesty and splendor upon him.
7. For You make him a blessing forever; You gladden him with the joy of Your countenance.
8. For the king trusts in the Lord, and in the kindness of the Most High-that he will not falter.
9. Your hand will suffice for all Your enemies; Your right hand will find those who hate You.
10. You will make them as a fiery furnace at the time of Your anger. May the Lord consume them in His wrath; let a fire devour them.
11. Destroy their offspring from the earth, their descendants from mankind.
12. For they intended evil against You, they devised evil plans which they cannot execute.
13. For You will set them as a portion apart; with Your bowstring You will aim at their faces.
14. Be exalted, O Lord, in Your strength; we will sing and chant the praise of Your might.
Chapter 22Every person should pray in agony over the length of the exile, and our fall from prestige to lowliness. One should also take vows (for self-improvement) in his distress.
1. For the Conductor, on the ayelet hashachar, a psalm by David.
2. My God, my God, why have You forsaken me! So far from saving me, from the words of my outcry?
3. My God, I call out by day, and You do not answer; at night-but there is no respite for me.
4. Yet You, Holy One, are enthroned upon the praises of Israel.
5. In You our fathers trusted; they trusted and You saved them.
6. They cried to You and were rescued; they trusted in You and were not shamed.
7. And I am a worm and not a man; scorn of men, contempt of nations.
8. All who see me mock me; they open their lips, they shake their heads.
9. But one that casts [his burden] upon the Lord-He will save him; He will rescue him, for He desires him.
10. For You took me out of the womb, and made me secure on my mother's breasts.
11. I have been thrown upon You from birth; from my mother's womb You have been my God.
12. Be not distant from me, for trouble is near, for there is none to help.
13. Many bulls surround me, the mighty bulls of Bashan encircle me.
14. They open their mouths against me, like a lion that ravages and roars.
15. I am poured out like water, all my bones are disjointed; my heart has become like wax, melted within my innards.
16. My strength is dried up like a potsherd, and my tongue cleaves to my palate; You set me in the dust of death.
17. For dogs surround me, a pack of evildoers enclose me; my hands and feet are like a lion's prey.
18. I count all my limbs, while they watch and gloat over me.
19. They divide my garments amongst them; they cast lots upon my clothing.
20. But You, Lord, do not be distant; my Strength, hurry to my aid!
21. Save my life from the sword, my soul from the grip of dogs.
22. Save me from the lion's mouth, as You have answered me from the horns of wild beasts.
23. I will recount [the praises of] Your Name to my brothers; I will extol You amidst the congregation.
24. You that fear the Lord, praise Him! Glorify Him, all you progeny of Jacob! Stand in awe of Him, all you progeny of Israel!
25. For He has not despised nor abhorred the entreaty of the poor, nor has He concealed His face from him; rather He heard when he cried to Him.
26. My praise comes from You, in the great congregation; I will pay my vows before those that fear Him.
27. Let the humble eat and be satisfied; let those who seek the Lord praise Him-may your hearts live forever!
28. All the ends of the earth will remember and return to the Lord; all families of nations will bow down before You.
29. For sovereignty is the Lord's, and He rules over the nations.
30. All the fat ones of the earth will eat and bow down, all who descend to the dust shall kneel before Him, but He will not revive their soul.
31. The progeny of those who serve Him will tell of the Lord to the latter generations.
32. They will come and relate His righteousness-all that He has done-to a newborn nation.
Tanya: Kuntres Acharon, middle of Essay 4
• Lessons in Tanya
• Today's Tanya Lesson
• Shabbat, 3 Kislev, 5777 · 3 December 2016
• Kuntres Acharon, middle of Essay 4
Chumash: Toldot, 7th Portion Genesis 28:5-28:9 with Rashi
•
Genesis Chapter 28
5And Isaac sent Jacob, and he went to Padan aram, to Laban the son of Bethuel the Aramean, the brother of Rebecca, the mother of Jacob and Esau. הוַיִּשְׁלַ֤ח יִצְחָק֙ אֶת־יַֽעֲקֹ֔ב וַיֵּ֖לֶךְ פַּדֶּ֣נָ֥ה אֲרָ֑ם אֶל־לָבָ֤ן בֶּן־בְּתוּאֵל֙ הָֽאֲרַמִּ֔י אֲחִ֣י רִבְקָ֔ה אֵ֥ם יַֽעֲקֹ֖ב וְעֵשָֽׂו:
the mother of Jacob and Esau: I do not know what this teaches us. [I.e., We already know from the narrative that Rebecca was their mother.] אם יעקב ועשו: איני יודע מה מלמדנו:
6And Esau saw that Isaac had blessed Jacob and sent him away to Padan aram, to take himself a wife from there, and that when he blessed him, he commanded him, saying, "You shall not take a wife of the daughters of Canaan." ווַיַּ֣רְא עֵשָׂ֗ו כִּֽי־בֵרַ֣ךְ יִצְחָק֘ אֶת־יַֽעֲקֹב֒ וְשִׁלַּ֤ח אֹתוֹ֙ פַּדֶּ֣נָ֥ה אֲרָ֔ם לָקַֽחַת־ל֥וֹ מִשָּׁ֖ם אִשָּׁ֑ה בְּבָֽרֲכ֣וֹ אֹת֔וֹ וַיְצַ֤ו עָלָיו֙ לֵאמֹ֔ר לֹֽא־תִקַּ֥ח אִשָּׁ֖ה מִבְּנ֥וֹת כְּנָֽעַן:
7And Jacob listened to his father and his mother, and he went to Padan aram. זוַיִּשְׁמַ֣ע יַֽעֲקֹ֔ב אֶל־אָבִ֖יו וְאֶל־אִמּ֑וֹ וַיֵּ֖לֶךְ פַּדֶּ֣נָ֥ה אֲרָֽם:
And Jacob listened: This is connected to the aforementioned topic: When Esau saw that Isaac had blessed [Jacob] and that he had sent him off to Padan-aram, and that Jacob listened to his father and went to Padan-aram, and that the daughters of Canaan were displeasing [to his father], then he, too, went to Ishmael. וישמע יעקב: מחובר לענין של מעלה וירא עשו כי ברך יצחק וגו' וכי שלח אותו פדנה ארם, וכי שמע יעקב אל אביו והלך פדנה ארם וכי רעות בנות כנען, והלך גם הוא אל ישמעאל:
8And Esau saw that the daughters of Canaan were displeasing to his father Isaac. חוַיַּ֣רְא עֵשָׂ֔ו כִּ֥י רָע֖וֹת בְּנ֣וֹת כְּנָ֑עַן בְּעֵינֵ֖י יִצְחָ֥ק אָבִֽיו:
9So Esau went to Ishmael, and he took Mahalath, the daughter of Ishmael, the son of Abraham, the sister of Nebaioth, in addition to his other wives as a wife. טוַיֵּ֥לֶךְ עֵשָׂ֖ו אֶל־יִשְׁמָעֵ֑אל וַיִּקַּ֡ח אֶת־מָֽחֲלַ֣ת | בַּת־יִשְׁמָעֵ֨אל בֶּן־אַבְרָהָ֜ם אֲח֧וֹת נְבָי֛וֹת עַל־נָשָׁ֖יו ל֥וֹ לְאִשָּֽׁה:
the sister of Nebaioth: Since it says, “the daughter of Ishmael,” do I not know that she was the sister of Nebaioth? But this teaches us that Ishmael died after he had betrothed her to Esau, before her marriage, and her brother Nebaioth gave her hand in marriage. This also teaches us that Jacob was sixty-three years old at that time, for Ishmael was seventy-four years old when Jacob was born. Ishmael was fourteen years older than Isaac, and Isaac was sixty years old when they were born, hence [Ishmael was] seventy-four. He lived one hundred and thirty seven years, as it is stated (above 25:17): “and these are the years of the life of Ishmael,” etc. Consequently, Jacob was sixty-three at Ishmael’s death. We learn from here that he hid for fourteen years in the house of Eber and afterwards went to Haran. [This can be deduced from the fact that] he stayed in Laban’s house before Joseph’s birth only fourteen years, as it is said (below 31:41): “I worked for you fourteen years for your two daughters and six years for your sheep,” and the payment for the sheep took place after Joseph was born, as it is said (below 30:25): “And it came to pass when Rachel had given birth to Joseph, etc.,” and Joseph was thirty years old when he became ruler, and from then until Jacob descended to Egypt were nine years: seven of plenty and two of famine. And Jacob said to Pharaoh (below 47:9): “The days of the years of my sojournings are one hundred and thirty years.” Go forth and figure 14 years before Joseph was born, plus the 30 years of Joseph’s age, plus the 9 years from the time he became ruler until Jacob came. The total is 53. And when he [Jacob] left his father, he was 63, totaling 116. Yet he said [to Pharaoh, “I am] one hundred and thirty years old.” Hence, there are fourteen years missing. Thus, you learn that after he had received the blessings, he hid in the house of Eber for fourteen years. [From Meg. 17:1] (However, he was not punished [for these fourteen years] because of the merit [of having studied] Torah, for Joseph was separated from his father only twenty-two years, i.e., from age seventeen until age thirty-nine, corresponding to the twenty-two years that Jacob was separated from his father [when] he did not honor him. These are the twenty years in Laban’s house, plus the two years that he spent traveling [home], as it is written (below 33:17): “And he built himself a house, and for his cattle he made booths.” Our Rabbis of Blessed Memory inferred from this verse that he spent eighteen months on the road, for the house was for the rainy season, and the booths were for the summer. And, according to the calculation of the verses, which we calculated above, from the time he left his father until he went down to Egypt, at the age of one hundred and thirty, we find an additional fourteen years, therefore, it is certain that he hid in the house of Eber to learn Torah while on his way to the house of Laban. And because of the merit of the Torah, he was not punished for them [those fourteen years], and Joseph was separated from him for only twenty-two years-measure for measure. The above is from an old Rashi text). אחות נביות: ממשמע שנאמר (לעיל כה יג) בת ישמעאל איני יודע שהיא אחות נביות, אלא למדנו שמת ישמעאל משיעדה לעשו קודם נשואיה והשיאה נביות אחיה. ולמדנו שהיה יעקב באותו הפרק בן ששים ושלש שנים, שהרי ישמעאל בן שבעים וארבע שנים היה כשנולד יעקב, ארבע עשרה שנה היה גדול ישמעאל מיצחק, ויצחק בן ששים שנה בלדת אותם הרי שבעים וארבע, ושנותיו היו מאה שלושים ושבע, שנאמר (שם יז) ואלה שני חיי ישמעאל וגו', נמצא יעקב כשמת ישמעאל בן ששים ושלש שנים היה, ולמדנו מכאן שנטמן בבית עבר ארבע עשרה שנה ואחר כך הלך לחרן, שהרי לא שהה בבית לבן שלפני לידתו של יוסף אלא ארבע עשרה שנה, שנאמר (שם לא מא) עבדתיך ארבע עשרה שנה בשתי בנותיך ושש שנים בצאנך ושכר הצאן משנולד יוסף היה, שנאמר (שם ל כה) ויהי כאשר ילדה רחל את יוסף וגו', ויוסף בן שלשים שנה היה כשמלך, ומשם עד שירד יעקב למצרים תשע שנים, שבע של שובע ושתיים של רעב, ויעקב אמר לפרעה (שם מז ט) ימי שני מגורי שלשים ומאת שנה. צא וחשוב ארבע עשרה שלפני לידת יוסף, ושלשים של יוסף, ותשע משמלך עד שבא יעקב הרי חמשים ושלש, וכשפירש מאביו היה בן ששים ושלש הרי מאה ושש עשרה, והוא אומר שלשים ומאת שנה, הרי חסרים ארבע עשרה שנים הא למדת שאחר שקבל הברכות נטמן בבית עבר ארבע עשרה שנים. (אבל לא נענש עליהם בזכות התורה, שהרי לא פירש יוסף מאביו אלא עשרים ושתים שנה דהיינו משבע עשרה עד שלשים ותשע
כנגד עשרים ושתים שפירש יעקב מאביו ולא כבדו, והם עשרים שנים בבית לבן, ושתי שנים ששהה בדרך, כדכתיב (להלן לג יז) ויבן לו בית ולמקנהו עשה סכות, ופירשו רבותינו ז"ל מזה הפסוק ששהה שמונה עשר חדשים בדרך, דבית הוה בימות הגשמים וסכות הוה בימות החמה, ולחשבון הפסוקים שחשבנו לעיל משפירש מאביו עד שירד למצרים שהיה בן מאה שלשים שנים, שם אנו מוצאים עוד ארבע עשרה שנים, אלא ודאי נטמן בבית עבר בהליכתו לבית לבן ללמוד תורה ממנו, ובשביל זכות התורה לא נענש עליהם ולא פירש יוסף ממנו אלא עשרים ושתים שנה, מדה כנגד מדה):
to his other wives: He added wickedness upon his wickedness, for he did not divorce the first ones. [From Gen. Rabbah 67:13] על נשיו: הוסיף רשעה על רשעתו, שלא גירש את הראשונות:
• Daily Tehillim: Psalms Chapters 18 - 22
• Chapter 18
If one merits a public miracle, he should offer a song to God, including in his song all the miracles that have occurred since the day the world was created, as well as the good that God wrought for Israel at the giving of the Torah. And he should say: "He Who has performed these miracles, may He do with me likewise."
1. For the Conductor. By the servant of the Lord, by David, who chanted the words of this song to the Lord on the day the Lord delivered him from the hand of all his enemies, and from the hand of Saul.
2. He said, "I love You, Lord, my strength.
3. The Lord is my rock, my fortress, and my rescuer. My God is my strength in Whom I take shelter, my shield, the horn of my salvation, my stronghold.
4. With praises I call upon the Lord, and I am saved from my enemies.
5. For the pangs of death surrounded me, and torrents of evil people terrified me.
6. Pangs of the grave encompassed me; snares of death confronted me.
7. In my distress I called upon the Lord, I cried out to my God; and from His Sanctuary He heard my voice, and my supplication before Him reached His ears.
8. The earth trembled and quaked; the foundations of the mountains shook-they trembled when His wrath flared.
9. Smoke rose in His nostrils, devouring fire blazed from His mouth, and burning coals flamed forth from Him.
10. He inclined the heavens and descended, a thick cloud was beneath His feet.
11. He rode on a cherub and flew; He soared on the wings of the wind.
12. He made darkness His concealment, His surroundings His shelter-of the dense clouds with their dark waters.
13. Out of the brightness before Him, His clouds passed over, with hailstones and fiery coals.
14. The Lord thundered in heaven, the Most High gave forth His voice-hailstones and fiery coals.
15. He sent forth His arrows and scattered them; many lightnings, and confounded them.
16. The channels of water became visible, the foundations of the world were exposed-at Your rebuke, O Lord, at the blast of the breath of Your nostrils.
17. He sent from heaven and took me; He brought me out of surging waters.
18. He rescued me from my fierce enemy, and from my foes when they had become too strong for me.
19. They confronted me on the day of my misfortune, but the Lord was my support.
20. He brought me into spaciousness; He delivered me because He desires me.
21. The Lord rewar-ded me in accordance with my righteousness; He repaid me according to the cleanliness of my hands.
22. For I have kept the ways of the Lord, and have not transgressed against my God;
23. for all His laws are before me, I have not removed His statutes from me.
24. I was perfect with Him, and have guarded myself from sin.
25. The Lord repaid me in accordance with my righteousness, according to the cleanliness of my hands before His eyes.
26. With the kindhearted You act kindly, with the upright man You act uprightly.
27. With the pure You act purely, but with the crooked You act cun- ningly.
28. For the destitute nation You save, but haughty eyes You humble.
29. Indeed, You light my lamp; the Lord, my God, illuminates my darkness.
30. For with You I run against a troop; with my God I scale a wall.
31. The way of God is perfect; the word of the Lord is pure; He is a shield to all who take refuge in Him.
32. For who is God except the Lord, and who is a rock except our God!
33. The God Who girds me with strength, and makes my path perfect.
34. He makes my feet like deers', and stands me firmly on my high places.
35. He trains my hands for battle, my arms to bend a bow of bronze.
36. You have given me the shield of Your deliverance, Your right hand upheld me; Your humility made me great.
37. You have widened my steps beneath me, and my knees have not faltered.
38. I pursued my enemies and overtook them; I did not turn back until I destroyed them.
39. I crushed them so that they were unable to rise; they are fallen beneath my feet.
40. You have girded me with strength for battle; You have subdued my adversaries beneath me.
41. You have made my enemies turn their backs to me, and my foes I cut down.
42. They cried out, but there was none to deliver them; to the Lord, but He did not answer them.
43. I ground them as the dust before the wind, I poured them out like the mud in the streets.
44. You have rescued me from the quarrelsome ones of the people, You have made me the head of nations; a nation I did not know became subservient to me.
45. As soon as they hear of me they obey me; strangers deny to me [their disloyalty].
46. Strangers wither away, they are terrified in their strongholds.
47. The Lord lives; blessed is my Rock; exalted is the God of my deliverance.
48. You are the God Who executes retribution for me, and subjugates nations under me.
49. Who rescues me from my enemies, Who exalts me above my adversaries, Who delivers me from the man of violence.
50. Therefore I will laud You, Lord, among the nations, and sing to Your Name.
51. He grants His king great salvations, and bestows kindness upon His anointed, to David and his descendants forever."
Chapter 19
To behold God's might one should look to the heavens, to the sun, and to the Torah, from which awesome miracles and wonders can be perceived--wonders that lead the creations to tell of God's glory.
1. For the Conductor, a psalm by David.
2. The heavens recount the glory of the Almighty; the sky proclaims His handiwork.
3. Day to day speech streams forth; night to night expresses knowledge.
4. There is no utterance, there are no words; their voice is inaudible.
5. Their arc extends throughout the world; their message to the end of the earth. He set in them [the heavens] a tent for the sun,
6. which is like a groom coming forth from his bridal canopy, like a strong man rejoicing to run the course.
7. Its rising is at one end of the heavens, and its orbit encompasses the other ends; nothing is hidden from its heat.
8. The Torah of the Lord is perfect, restoring the soul; the testimony of the Lord is trustworthy, making wise the simpleton.
9. The precepts of the Lord are just, rejoicing the heart; the command of the Lord is clear, enlightening the eyes.
10. The fear of the Lord is pure, abiding forever; the judgments of the Lord are true, they are all righteous together.
11. They are more desirable than gold, than much fine gold; sweeter than honey or the drippings of honeycomb.
12. Indeed, Your servant is scrupulous with them; in observing them there is abundant reward.
13. Yet who can discern inadvertent wrongs? Purge me of hidden sins.
14. Also hold back Your servant from willful sins; let them not prevail over me; then I will be unblemished and keep myself clean of gross transgression.
15. May the words of my mouth and the meditation of my heart be acceptable before You, Lord, my Strength and my Redeemer.
Chapter 20
If a loved one or relative is suffering-even in a distant place, where one is unable to help-offer this prayer on their behalf.
1. For the Conductor, a psalm by David.
2. May the Lord answer you on the day of distress; may the Name of the God of Jacob fortify you.
3. May He send your help from the Sanctuary, and support you from Zion.
4. May He remember all your offerings, and always accept favorably your sacrifices.
5. May He grant you your heart's desire, and fulfill your every counsel.
6. We will rejoice in your deliverance, and raise our banners in the name of our God; may the Lord fulfill all your wishes.
7. Now I know that the Lord has delivered His anointed one, answering him from His holy heavens with the mighty saving power of His right hand.
8. Some [rely] upon chariots and some upon horses, but we [rely upon and] invoke the Name of the Lord our God.
9. They bend and fall, but we rise and stand firm.
10. Lord, deliver us; may the King answer us on the day we call.
One who is endowed with prosperity, and whose every desire is granted, ought not be ungrateful. He should praise and thank God, recognize Him as the cause of his prosperity, and trust in Him. For everything comes from the kindness of the One Above.
1. For the Conductor, a psalm by David.
2. The king rejoices in Your strength, Lord; how greatly he exults in Your deliverance!
3. You have given him his heart's desire, and You have never withheld the utterance of his lips.
4. You preceded him with blessings of good; You placed a crown of pure gold on his head.
5. He asked of You life, You gave it to him-long life, forever and ever.
6. His glory is great in Your deliverance; You have placed majesty and splendor upon him.
7. For You make him a blessing forever; You gladden him with the joy of Your countenance.
8. For the king trusts in the Lord, and in the kindness of the Most High-that he will not falter.
9. Your hand will suffice for all Your enemies; Your right hand will find those who hate You.
10. You will make them as a fiery furnace at the time of Your anger. May the Lord consume them in His wrath; let a fire devour them.
11. Destroy their offspring from the earth, their descendants from mankind.
12. For they intended evil against You, they devised evil plans which they cannot execute.
13. For You will set them as a portion apart; with Your bowstring You will aim at their faces.
14. Be exalted, O Lord, in Your strength; we will sing and chant the praise of Your might.
Chapter 22Every person should pray in agony over the length of the exile, and our fall from prestige to lowliness. One should also take vows (for self-improvement) in his distress.
1. For the Conductor, on the ayelet hashachar, a psalm by David.
2. My God, my God, why have You forsaken me! So far from saving me, from the words of my outcry?
3. My God, I call out by day, and You do not answer; at night-but there is no respite for me.
4. Yet You, Holy One, are enthroned upon the praises of Israel.
5. In You our fathers trusted; they trusted and You saved them.
6. They cried to You and were rescued; they trusted in You and were not shamed.
7. And I am a worm and not a man; scorn of men, contempt of nations.
8. All who see me mock me; they open their lips, they shake their heads.
9. But one that casts [his burden] upon the Lord-He will save him; He will rescue him, for He desires him.
10. For You took me out of the womb, and made me secure on my mother's breasts.
11. I have been thrown upon You from birth; from my mother's womb You have been my God.
12. Be not distant from me, for trouble is near, for there is none to help.
13. Many bulls surround me, the mighty bulls of Bashan encircle me.
14. They open their mouths against me, like a lion that ravages and roars.
15. I am poured out like water, all my bones are disjointed; my heart has become like wax, melted within my innards.
16. My strength is dried up like a potsherd, and my tongue cleaves to my palate; You set me in the dust of death.
17. For dogs surround me, a pack of evildoers enclose me; my hands and feet are like a lion's prey.
18. I count all my limbs, while they watch and gloat over me.
19. They divide my garments amongst them; they cast lots upon my clothing.
20. But You, Lord, do not be distant; my Strength, hurry to my aid!
21. Save my life from the sword, my soul from the grip of dogs.
22. Save me from the lion's mouth, as You have answered me from the horns of wild beasts.
23. I will recount [the praises of] Your Name to my brothers; I will extol You amidst the congregation.
24. You that fear the Lord, praise Him! Glorify Him, all you progeny of Jacob! Stand in awe of Him, all you progeny of Israel!
25. For He has not despised nor abhorred the entreaty of the poor, nor has He concealed His face from him; rather He heard when he cried to Him.
26. My praise comes from You, in the great congregation; I will pay my vows before those that fear Him.
27. Let the humble eat and be satisfied; let those who seek the Lord praise Him-may your hearts live forever!
28. All the ends of the earth will remember and return to the Lord; all families of nations will bow down before You.
29. For sovereignty is the Lord's, and He rules over the nations.
30. All the fat ones of the earth will eat and bow down, all who descend to the dust shall kneel before Him, but He will not revive their soul.
31. The progeny of those who serve Him will tell of the Lord to the latter generations.
32. They will come and relate His righteousness-all that He has done-to a newborn nation.
Tanya: Kuntres Acharon, middle of Essay 4
• Lessons in Tanya
• Today's Tanya Lesson
• Shabbat, 3 Kislev, 5777 · 3 December 2016
• Kuntres Acharon, middle of Essay 4
• והנה לקיום מצוה שאי אפשר לעשות על ידי אחרים, מבטלין תלמוד תורה, ואפילו מעשה מרכבה
• Rambam - Shabbat, 3 Kislev, 5777 · 3 December 2016
To perform a mitzvah that cannot be delegated to another one forgoes Torah study,1 even [the study of] maaseh merkavah, the sublime Kabbalistic mysteries of the celestial “Chariot”,2
וכל שכן תפלה, שהיא בחינת מוחין ודחילו ורחימו שכליים
and beyond question one forgoes prayer, which is the state of intellect and intellectually-generated awe and love.
והטעם כנ״ל
The reason is as we have noted; i.e., in order to extract and refine the sparks by means of the practical mitzvot, this being the purpose of creation.
ועוד זאת, שבאמת מאד גדלה וגבהה מעלות המצות מעשיות, וכן לימודם, על מעלת המוחין, שהן דחילו ורחימו שכליים
In addition, indeed, the standing of the practical mitzvot and their study, far transcends the standing of intellect, meaning intellectually-generated awe and love.
The mitzvot requiring action are superior — in their performance and in the study of their laws — not only because they fulfill the ultimate purpose of creation through the extraction of the sparks, but also because they bond the soul with G‑d.
כי הגם דכתיב: ולדבקה בו, על ידי מדותיו
For though the verse declares,3 “and to cleave to Him,” i.e., through [cleaving to] His attributes (middot),4
When one acts in a kindly manner, for example, he cleaves to the Supernal Sefirah of Chesed — and the Sefirot are wholly one with G‑d.
מכל מקום, איננו דבק אפילו במדות העליונות אלא במציאותן, ולא במהותן
still, one does not cleave to the essence (mahut) of the Supernal attributes but only to [the externality of] their existence (metziut),
וכמו שכתוב: ואנכי עפר ואפר
as it is written,5 “I am dust and ashes.”
This was stated by Abraham with regard to the glimmer of his soul that illuminated his body, in comparing it to its source — an irradiation of Supernal Kindness, as explained above at length in Epistle XV, in the name of the Maggid of Mezritch.
Abraham experienced such an intense degree of love (deriving from the attribute of Chesed) toward G‑d, that he was a “chariot”, a vehicle humbly waiting to be steered by the hands of its Driver.6 Nevertheless, he declared that his measure of love for G‑d was but “dust and ashes” relative to the Supernal attribute of Chesed.
To appreciate the analogy: A tree, originally composed of the four elements of Fire, Air, Water and Earth, is burned. Losing its first three elements in smoke, it is reduced to its fourth element, mere ashes. Yet, though these ashes and the tree itself are of the same element, the ashes can hardly be compared to the original tree that was7a “beautiful to behold and good to eat.”
So, too, the attribute of kindness and love that Abraham possessed while his soul was in his body, cannot be compared to the attribute of Kindness which is one of the Supernal Sefirot.
It is thus to be seen that one does not cleave to the essence of the Supernal attributes but only to their external state, their state of mere existence.
וכל שכן באור אין סוף ברוך הוא, דלית מחשבה תפיסא ביה באורו והתפשטות החיות ממנו יתברך
This is all the more true with regard to the [infinite] Ein Sof-light, for no thought can apprehend Him in His radiance or the diffusion of the life-force issuing from Him.
כי אם במציאותו, שהוא שמחיה את כולם, ולא במהותו
One can only grasp His existence, that He gives life to all, but not His essence.
אפילו לעליונים, כמו שכתוב: קדוש קדוש קדוש ה׳ צבאות כו׳
This applies even to the supernal beings, of [whose praise] it is written,8“Holy, holy, holy is the L‑rd of Hosts.”
The above phrase is uttered by the Seraphim, angels of the World of Beriah. They perceive that even as G‑d descends to relate to created beings so that He is called the “L‑rd of Hosts,” He is kadosh (“holy”), a term which implies that He is separate from them.
לבד עלולים נאצלים משיגים כי אם בעילתו
Only emanated “effects” can conceive their “cause”,
The spiritual beings of the World of Atzilut are each an “effect” (alul) brought about by a “cause” (ilah) in the levels higher than themselves. These beings vest themselves in each other in turn, and at each level are able to comprehend the antecedent “cause” that is vested within them,
כפי הסדר שבעץ חיים, בהתלבשות הפרצופים
according to the order recounted in Etz Chayim, concerning the investment of the visages (partzufim).
Etz Chayim explains how the “visages” of the Supernal Sefirot of Atzilut vest themselves in each other. Each “effect” is able to comprehend its “cause” — the “visage” that is garbed within it.
אבל לא לנבראים, אפילו לנשמות דאצילות
This is not the case with created beings, even with souls of Atzilut,
Though the souls of Atzilut are Divinity, still, since they have become sundered from the vessels of the Ten Sefirot (as explained above in Epistle XX9), they are termed “created beings” and are unable to apprehend the essence of G‑dliness.
כמו שכתוב במשה רבינו עליו השלום: וראית את אחורי כו׳
Thus it is written regarding Moses,10 “You will see My hinderpart” — an external manifestation11 of the mere existence (metziut) of Divinity, but not the essence (mahut).
Thus, through the vision of his soul alone, as the soul gazes upon G‑d without the benefit of mitzvot, even Moses could apprehend no more than externality, not essence.
* * *
FOOTNOTES
1.
Moed Katan 9a.
2.
Yechezkel 1.
3.
Devarim 11:22.
4.
׳ Cf. Sotah 14a et al.
5.
Bereishit 18:27.
6.
Bereishit Rabbah 47:6; Tanya ch. 23.
7.
Bereishit 2:9.
8.
Yeshayahu 6:3.
9.
Vol. IV in the present series, p. 376.
10.
Shmot 33:22.
11.
Note of the Rebbe: “Examine Iggeret HaKodesh, Epistle 19 [above].”
• Today's Mitzvah
A daily digest of Maimonides’ classic work "Sefer Hamitzvot"
• Important Message Regarding This Lesson
The Daily Mitzvah schedule runs parallel to the daily study of 3 chapters of Maimonides' 14-volume code. There are instances when the Mitzvah is repeated a few days consecutively while the exploration of the same Mitzvah continues in the in-depth track.
Negative Commandment 322
Administering the Death Penalty on Shabbat
"You shall not kindle fire throughout your settlements on the Shabbat day"—Exodus 35:3.
It is forbidden for the courts to administer punishments on Shabbat. The Sages interpreted the above verse as an injunction against executing a criminal via burning (one of the four methods of capital punishment employed by the courts) on Shabbat—and the same rule applies to all other forms of capital punishment. From this verse the Sages also extrapolated the prohibition against holding any court proceedings on Shabbat.
Full text of this Mitzvah »
• Administering the Death Penalty on Shabbat
Negative Commandment 322
Translated by Berel Bell
The 322nd prohibition is that we [i.e. the Beth Din] are forbidden from inflicting punishment upon transgressors and carrying out judgments on Shabbos.
The source of this commandment is G‑d's statement1 (exalted be He), "Do not burn any fire [wherever you may live on the Shabbos day]."
The meaning of this is, "Do not burn someone who has been convicted and condemned to execution by s'reifa (burning).2" This applies to the other methods of execution as well.3
The Mechilta4 says as follows: "[The verse says,] 'do not burn any fire'; but the act of making a fire is already prohibited5! However, it is mentioned separately to teach us a different law — that just as burning is distinctive in that [in spite of the fact that] it is one of the types of judicial execution and [therefore a mitzvah,6 but nevertheless it] does not override the prohibition of Shabbos, so too the other forms of execution do not override Shabbos."
The Gemara7 says that making a fire "l'lav yotzas"8 [it is singled out because it is "only" a regular prohibition]. However, this opinion is not accepted as the final halachah9. Rather, the Gemara concludes l'chalek yotzas [it is singled out to show that each melachah is treated separately], and therefore one must bring an offering for every single melachah which was performed, as explained there.10
[Therefore, according to the Gemara's conclusion, there is no particular prohibition in this verse and it can be used to teach us this prohibition of inflicting punishment on Shabbos.
The Rambam now brings a source which extends the prohibition to all kinds of judicial punishment11]
The Jerusalem Talmud12 quotes [the end of the verse, " 'Do not burn fire] wherever you may live.' Rav Ilah quotes Rav Yanai as saying that we learn from this verse that a beth din is not allowed to judge on Shabbos."13
FOOTNOTES
1.Ex. 35:3.
2.See P228.
3.See P226, P227, P229. Malkos (flogging) and other punishments are also prohibited on Shabbos (Hilchos Shabbos, 24:7). See Jerusalem Talmud quoted at the end of the mitzvah.
4.On Ex. 35:3. The Mechilta explains why this verse cannot be interpreted literally, i.e. a prohibition against making a fire.
5.Under the general prohibition, "do not do melachah on Shabbos." See N320.
6.See Mishneh Torah, Hilchos Shabbos 24:7.
7.Shabbos 70a.
8.This Gemara poses the same question as the Mechilta which the Rambam has just quoted: If all forms of melachah are already prohibited, why was making a fire mentioned separately? The Gemara brings two answers to this question: "l'lav yotzas"or"l'chalek yotzas."
The first answer (l'lav yotzas) is that fire is singled out because it is different from other melachos. This opinion holds that while other melachos are capital offenses punishable by kores, etc. (see N320 and footnotes there), the prohibition against making a fire is only punished by flogging. This is called "l'lav yotzas," — that it was singled out ("yotzas") from all the prohibited acts of Shabbos to be treated like other prohibitions of the Torah ("lav") , i.e. punishable by flogging instead of kores.
The second answer ("l'chalek yotzas") is that fire is the same as any other melachah, but is singled out to teach something about all the melachos. This opinion holds that if a person does several melachos on Shabbos, each one is treated separately. We know that if a person did a melachah on Shabbos unintentionally, he must bring a sin-offering (see N320, ibid.). If he did two types of melachah (e.g. cooking and writing), he would bring two sin-offerings. This is called "l'chalek yotzas," — that it was singled out ("yotzas") from all the prohibited acts of Shabbos to teach that each melachah must be treated separately ("l'chalek") regarding the sacrifices.
9.According to the opinion "l'lav yotzas," the verse has already been used to teach us a separate prohibition — that one may not make a fire on Shabbos. We are now left with a question on our commandment N322; how can we learn two prohibitions from the same verse?
The Rambam answers this question by pointing out that the Gemara concludes not like that opinion, but rather "l'chalek yotzas". Therefore, making a fire is included in the general prohibition, and since there is no separate prohibition learned from the verse, it is free to be used for this mitzvah. See Yad Halevi, N322. (See also Chinuch 114, for another explanation of the Rambam's intention in quoting this Gemara.)
10.See Einayim L'mishpat, Yevamos 6b (p.12) regarding the precise choice of words the Rambam uses.
11.See Derech Mitzvosecha (Tzemach Tzedek) p. 88a. Sefer Hamitzvos (Heller) p. 181, note 9. Sources quoted in Mishneh Torah, Kapach, 5746, Hil. Shabbos, Ch. 24, note 19. But see Rif Perlow Vol. 2, p. 392a.
12.Sanhedrin 4:6.
13.The phrase, "wherever you may live," is used in Num. 35:29 to refer to Beth Din. That teaches us that the phrase here also refers to a Beth Din. This Talmudic passage teaches that the prohibition includes all types of judgment, not only execution.
• Rambam - 1 Chapter: Mikvaot Mikvaot - Chapter 7
• Mikvaot - Chapter 7
• Rambam - 3 Chapters: Shabbat Shabbat - Chapter Fifteen, Shabbat Shabbat - Chapter Sixteen, Shabbat Shabbat - Chapter Seventeen
• Shabbat - Chapter Fifteen
• Hayom Yom: Today's Hayom Yom
• Shabbat, 3 Kislev, 5777 · 3 December 2016
• "Today's Day"
• Tuesday, Kislev 3, 5704
Torah lessons: Chumash: Vayeitsei, Shlishi with Rashi.
Tehillim: 18-22.
Tanya: To perform a (p. 603)...see my hinderpart..." (p. 605).
One difference between the ways of the Baal Shem Tov and of the Maggid1 was that the Baal Shem Tov went on all sorts of journeys, while the Maggid stayed home.
Moreover, when the Maggid was Rebbe, Chassidus was already widely known, even in distant places, because of the extensive journeys of the Holy Society.2 Many average laymen had thus become devoted to Chassidus and used to make pilgrimages to Mezritch.3
FOOTNOTES
1.His successor.
2.The Maggid's disciples.
3.The Maggid's place of residence.
• Daily Thought:
1
A mikveh is not disqualified, neither because of a change of its water's taste, nor a change of its smell, only because its color changes. Any substance that may not be used to constitute a mikveh initially disqualifies one, if it causes its color to change.
What is implied? Wine, milk, blood, or other liquids that are classified as fruit juices do not disqualify a mikveh if three lugim of them fall into it, because it was only said that three lugim of drawn water disqualify a mikveh. They do, however, disqualify it if they change the color of its water.
Even when a mikveh contains 100 se'ah and a log of wine or fruit juice falls into it and changes its color, it is unacceptable. Similarly, if a mikveh contains 20 se'ah or less of acceptable water and a se'ah of wine or fruit juice fell into it without changing its color, the water is acceptable as it was beforehand. The se'ah of wine or fruit juice, however, is not counted in the measure of the mikveh. If another 20 se'ah of acceptable water were added to the original 20, it is an acceptable mikveh.
א
אין המקוה נפסל לא בשינוי הטעם ולא בשינוי הריח אלא בשינוי מראה בלבד וכל דבר שאין עושין בו מקוה לכתחילה פוסל את המקוה בשינוי מראה כיצד היין או החלב והדם וכיוצא בהן ממי כל הפירות אינן פוסלין את המקוה בג' לוגין שלא אמרו אלא מים שאובין ופוסלין בשינוי מראה אפילו מקוה שיש בו מאה סאה ונפל לו לוג יין או מי פירות ושינה את מראיו פסול וכן מקוה שיש בו כ' סאה מים כשרים או פחות מזה ונפל לתוכו סאה יין או מי פירות ולא שינו את מראיו הרי אלו כשירים כשהיו ואין הסאה שנפלה עולה למדת המקוה ואם נוסף על הכ' כ' אחרים מים כשירים הרי זה מקוה כשר:
2
There are substances that cause a mikveh to be considered acceptable and do not disqualify it; others that disqualify it and do not cause it to be considered acceptable, and others that neither cause it to be acceptable nor disqualify it.
ב
יש מעלין את המקוה ולא פוסלין פוסלין ולא מעלין לא מעלין ולא פוסלין:
3
These are the substances that cause a mikveh to be considered acceptable and do not disqualify it: snow, hail, sleet, ice, salt, and flowing mud. What is implied? When a mikvehcontains 39 se'ah of water and a se'ah of one of these substances falls into it, the mikveh is acceptable and complete. Thus they cause a mikveh to be considered acceptable and do not disqualify it.
Even if one brought 40 se'ah of snow initially and placed them in a cavity and crushed it there, the mikveh is complete and acceptable.
ג
ואלו מעלין ולא פוסלין: השלג והברד והכפור והגליד והמלח וטיט הנרוק כיצד מקוה שיש בו מ' סאה חסר אחת ונפל לתוכו סאה מא' מאלו ה"ז עולה למדתו והרי המקוה כשר ושלם נמצאו מעלין ולא פוסלין אפילו הביא מ' סאה שלג בתחילה והניחן בעוקה וריסקו שם ה"ז מקוה שלם וכשר:
4
These are the substances that disqualify a mikveh and never cause it to be considered acceptable: drawn water, whether pure or impure, water that was used for pickling, water that was used for cooking, a mixture of water and grape dregs before they become vinegar, and beer.
What is implied? When a mikveh contains 40 se'ah minus the weight of a dinar and the weight of a dinar of one of these liquids falls into it, it is not included in the measure of a mikveh and does not complete it. If three lugim of one of these liquids falls into a mikveh, it disqualifies it.
ד
ואלו פוסלין ולא מעלין: מים שאובין בין טהורין בין טמאים ומי כבשים ומי שלקות והתמד עד שלא החמיץ והשכר כיצד מקוה שיש בו מ' סאה חסר משקל דינר ונפל מאחד מאלו משקל דינר לתוכן אינו עולה למדת המקוה ולא השלימו ואם נפל מאחד מהן שלשה לוגין מהן פוסלין את המקוה:
5
These are the substances that neither disqualify a mikveh, nor cause it to be considered acceptable: other liquids, fruit juice, fish brine, fish oil, and a mixture of water and grape dregs that became vinegar.
What is implied? If there was a mikveh that contained 39 se'ah and a se'ah of these liquids fell into it, it does not cause it to be acceptable. Nevertheless, the water the mikveh contains is acceptable as it was beforehand, for these liquids disqualify a mikveh only if they change its color, as explained.
ה
ואלו לא פוסלין ולא מעלין: שאר המשקין ומי פירות והציר והמורייס והתמד משהחמיץ כיצד מקוה שיש בו מ' סאה חסר אחד ונפל מאחד מאלו סאה לתוכן לא העלהו והרי המים כשרים כשהיו שאין אלו פוסלין אלא בשינוי מראה כמו שביארנו:
6
There are times when the latter liquids cause a mikveh to be considered as acceptable. What is implied? A mikvehcontained 40 se'ah, a se'ah of these liquids fell in, and then a se'ahwas removed from the mikveh's waters. The 40 se'ah that remain still constitute an acceptable mikveh.
ו
ופעמים שאלו מעלין את המקוה כיצד מקוה שיש בו מ' סאה ונפל לתוכו סאה מאחד מאלו וחזר ולקח סאה ממנה הרי המ' שנשארו מקוה כשר:
7
When one washed baskets used to collect olives or grapes in a mikveh, causing the water's color to change, it is acceptable.
ז
מקוה שהדיח בו סלי זיתים וענבים ושינו את מראיו כשר:
8
Water of dyes disqualify a mikveh if three lugim fall in, but do not disqualify it because they changed its color.
ח
מי הצבע פוסלין את המקוה בשלשה לוגין ואין פוסלין אותו בשינוי מראיו:
9
When wine, black fluid from olives, or other fruit juices fall into a mikveh and change the color of its water, disqualifying it, how can it be rectified? If the mikveh contains less than 40 se'ah, one should wait until rain descends and changes its color back to water's natural color. If the mikveh contains 40 se'ah of acceptable water, one may fill buckets and pour water into it until its color reverts to water's natural color.
If wine, the black fluid from olives, or the like falls into a mikveh and changes the color of some of its water, if it does not have 40 se'ahof water whose color has not changed, one should not immerse in it. Even if it contains 40 se'ah, if one immerses in a place whose color has changed, his immersion is invalid. Even if a barrel of wine was broken and fell into the Mediterranean Sea and the color of the water in that place is the color of wine, one who immerses in that place is not considered to have immersed.
ט
מקוה שנפל יין או מוהל או שאר מי פירות ושינו את מראיו ונפסל כיצד תקנתו ימתין עד שירדו גשמים ויחזרו מראיו למראה מים ואם היה במקוה מ' סאה מים כשרים ממלא ושואב לתוכן עד שיחזרו מראיו למראה מים נפל לתוכו יין או מוהל וכיוצא בה ונשתנה מראה מקצתו אם אין בה מראה מים שלא נשתנה כדי מ' סאה ה"ז לא יטבול בו והטובל במקום שנשתנה לא עלתה לו טבילה אפילו חבית של יין שנשברה בים הגדול ומראה אותו מקום כמראה של יין הטובל באותו מקום לא עלתה לו טבילה:
10
When even a dinar-sized portion of wine fell into three lugim of drawn water and change their color, so that they are all the color of wine and then they fell into a mikveh they do not disqualify it, unless they change its color.
י
שלשה לוגין מים שאובין שנפל לתוכן אפילו משקל דינר יין ושינה מראיהן והרי מראה הכל מראה יין ונפלו למקוה לא פסלוהו אלא אם שינו את מראיו:
11
When there are three lugim minus a dinar-sized portion of water and milk or fruit juice falls into the water, but its color remains that of water, it does not disqualify a mikveh if it falls into it. A mikveh is not disqualified unless three lugim of drawn water fall into it that were not mixed with any other liquid or with fruit juice.
יא
שלשה לוגין חסר דינר מים שאובין שנפל לתוכן דינר חלב או מי פירות והרי מראה הכל מים ונפלו למקוה לא פסלוהו עד שיפלו שלשה לוגין מים שאובין שאין בהן תערובת משקה אחר ולא מי פירות:
12
When the color of a mikveh changes on its own accord without anything falling into it, it is acceptable. It is only disqualified if its color changed due to another liquid.
יב
מקוה שנשתנה מראה מימיו מחמת עצמו ולא נפל לו דבר ה"ז כשר לא אמרו אלא שנשתנה מחמת משקה אחר:
• Shabbat - Chapter Fifteen
1
A person standing in a public domain may move [articles] throughout a private domain. Similarly, a person standing in a private domain may move [articles] within a public domain, provided he does not transfer them beyond four cubits.1 If he transfers an article [beyond that distance], he is not liable, because he is located in a different domain.2
Similarly, a person standing in a private domain may open [a door with a key3] in a public domain.4 [One standing] in a public domain may open [a door with a key] in a private domain.
One may force feed an animal whose head is inside [a stall, although] the major portion of its body is outside.5 One may not, [however, force feed a] camel unless its head and the major portion of its body is within [the stall], since its neck is long.
א
עומד אדם ברשות הרבים ומטלטל ברשות היחיד כולה. ועומד ברה"י ומטלטל ברה"ר ובלבד שלא יוציא חוץ לארבעה אמות. ואם הוציא פטור מפני שהוא ברשות אחרת. וכן עומד אדם ברשות היחיד ופותח ברשות הרבים. ברשות הרבים ופותח ברשות היחיד. בהמה שהיתה רובה בחוץ וראשה בפנים אובסין אותה. ובגמל עד שיהא ראשו ורובו בפנים הואיל וצוארו ארוך:
2
A person should not stand in a private domain and [extend his head into] the public domain to drink, nor [should he stand] in a public domain and [extend his head into] a private domain to drink, unless he brings his head and the majority of his body into the domain in which he is drinking.
When do the above [restrictions] apply? When he is drinking with attractive vessels that he needs.6 [In this instance, our Sages instituted a] decree, lest he transfer [the drinking vessels]. If, however, [the person uses] vessels that are not attractive and which he does not require, all that is necessary is that he bring in his head; it is not necessary that he bring in the majority of his body.7 If a cistern of water is located in a carmelit, [the above leniency applies] even when [the person] uses vessels that are attractive.8
ב
לא יעמוד אדם ברה"י וישתה ברה"ר. ברה"ר וישתה ברה"י. אלא א"כ הכניס ראשו ורובו למקום שהוא שותה. במה דברים אמורים כשהיה שותה בכלים נאים שהוא צריך להן. גזירה שמא יוציאם אבל אם היו כלים שאינן נאים שאינו צריך להן. או שהיה הבור בכרמלית אע"פ שהכלים נאים. מכניס ראשו בלבד ושותה במקומו ואף על פי שלא הכניס ראשו ורובו:
3
A person may stand in a public domain, [extend his hand,] collect water that is flowing from a drainpipe or a wall [while the water is] in the air, and drink, provided he does not touch the drainpipe or the wall and collect the water from them.9
[The following rules apply] should he [in fact] touch [the drainpipe or the wall]: If the place he touches is more than ten [handbreadths] high and within three handbreadths of the roof, the act is forbidden.10 It is as if he removed [the water] from the roof, which is a private domain.
Similarly, if the drainpipe was four [handbreadths] by four [handbreadths] and one collected water from it, this is forbidden regardless of whether the pipe is within ten handbreadths of the ground11 or above ten handbreadths.12 Why is the person not held liable? Because the water is not at rest, but rather continuing to flow.13
ג
עומד אדם ברה"ר וקולט מן האויר מן המים המקלחין מן הצנור או מן הכותל ושותה. ובלבד שלא יגע בצנור או בכותל ויקלוט מעל גבן. ואם נגע אם היה מקום שנגע בו למעלה מעשרה בפחות משלשה סמוך לגג הרי זה אסור. שנמצא כעוקר מעל הגג שהוא רה"י. וכן אם היה בצנור ארבעה על ארבעה. בין שהיה הצנור בתוך עשרה בין שהיה למעלה מעשרה וקלט ממנו מים הרי זה אסור. ולמה אינו חייב מפני שלא נחו המים אלא הרי הן נזחלין והולכין:
4
[The following rules apply when] a projection extends [from the wall of a building] near a window: If the projection is above ten handbreadths high, its use is permitted,14 for the public domain extends only ten handbreadths [above the ground].15 Therefore, it is permissible to use the entire wall, with the exception of the bottom ten handbreadths.16
ד
זיז שלפני החלון יוצא באויר שעל רה"ר. אם היה למעלה מעשרה טפחים מותר להשתמש עליו שאין רה"ר תופסת אלא עשרה טפחים. לפיכך מותר להשתמש בכל הכותל עד עשרה טפחים התחתונים:
5
When does the above apply? When there is [only] one projection extending into the space. When, however, there are two projections extending from the wall, one below the other,17even though they are both more than ten handbreadths high,18[different rules apply]: If the upper projection near the window is four [handbreadths] by four [handbreadths] in area, its use is forbidden,19 for it is a domain in its own right, and the projection below it is a separate domain.20 Accordingly, they each cause the other to be forbidden,21 for [the people in] two domains cannot [jointly] use the space of one domain.
ה
במה דברים אמורים כשהיה זיז אחד יוצא באויר. אבל אם היו יוצאים בכותל שני זיזין זה למטה מזה אע"פ ששניהם למעלה מעשרה. אם יש בזיז העליון שלפני החלון רוחב ארבעה על ארבעה אסור להשתמש עליו. מפני שהוא רשות בפני עצמו והזיז שתחתיו רשות אחרת. ואסרו זה על זה. שאין שתי רשויות משתמשות ברשות אחת:
6
If both the upper projection and the lower projection are not four [handbreadths by four handbreadths], both of them may be used.22 Similarly, [in such a situation,] one may use the entire wall with the exception of the bottom ten handbreadths.
If the lower projection was four [handbreadths by four handbreadths], but the upper projection was not four [handbreadths by four handbreadths], [an individual dwelling in the upper storey] may use only that portion of the upper [projection] that is directly opposite his window.23 It is forbidden to use the remainder of the projection that extends on either side of the window, because of the lower projection, which is considered to be a separate domain.24
ו
אין בעליון ארבעה ואין בתחתון ארבעה. משתמש בשניהן וכן בכל הכותל עד עשרה טפחים התחתונים. היה בתחתון ארבעה ובעליון אין בו ארבעה אינו משתמש בעליון אלא כנגד חלונו בלבד. אבל בשאר הזיז שבשני צדדי החלון אסור להשתמש מפני זה שתחתיו שחלק רשות לעצמו:
7
Whenever there is a projection that extends over the public domain25 and may be used, one may place upon it and remove from it only utensils of earthenware, glass, or the like, for if they fall into the public domain they will break. Other utensils and food are prohibited [to be placed there], lest they fall into the public domain, and [one descend and] bring them [into the home].26
ז
כל זיז היוצא על אויר רה"ר שמותר להשתמש עליו. כשהוא משתמש בו אין נותנין עליו ואין נוטלין ממנו אלא כלי חרס וזכוכית וכיוצא בהן שאם יפלו לרה"ר ישברו. אבל שאר כלים ואוכלין אסורים שמא יפלו לרה"ר ויביאם:
8
[The following rules apply when] there are two houses on opposite sides of the public domain: If a person throws an article from one to the other and the article is ten [handbreadths] above the ground, he is not liable,27 provided both houses belong to him or there is an eruv between them.28 One may throw even garments and metal utensils.29
If one of [the two houses] was higher than the other, and they were thus not on the same level, it is forbidden to throw a garment or the like, lest it fall and [one descend and] bring it. One may, however, throw earthenware utensils and the like.30
ח
שני בתים בשני צדי רה"ר זרק מזו לזו למעלה מעשרה פטור. והוא שיהיו שניהם שלו או שיהיה ביניהם עירוב. ואפילו בגדים וכלי מתכות מותר לזרוק. ואם היה זה למעלה מזה ולא היה בשוה אסור לזרוק בגד וכיוצא בו שמא יפול ויביאנו. אבל כלי חרס וכיוצא בהן זורק:
9
[The following rules apply when] a cistern located in the public domain has an opening [to a home] above it: The cistern and the sand [piled around it] are measured together [to see if their height reaches] ten [handbreadths]. [If it does,31] one may draw water from it on the Sabbath.
When does the above apply? When [the cistern] is within four handbreadths of the wall, for then a person cannot pass between them.32 If, however, it is further removed,33 one may not draw water from it unless the sand [piled around it] is ten [handbreadths] high.34 Thus, when the bucket is raised above the sand [pile],35 it enters a makom patur.
ט
בור ברה"ר וחלון על גביו הבור וחולייתו מצטרפים לעשרה וממלאין ממנו בשבת. במה דברים אמורים כשהיה סמוך לכותל בתוך ארבעה טפחים שאין אדם יכול לעבור שם. אבל אם היה מופלג אין ממלאין ממנו אלא אם כן היתה חולייתו גבוהה עשרה שנמצא הדלי כשיצא מן החוליא יצא למקום פטור:
10
It is permitted to pour water [from] a window [of a home] to a garbage heap located in the public domain that is ten handbreadths high, on the Sabbath.36
To what does the above apply? To a garbage heap belonging to the community, for this is unlikely to be removed. We may not, however, pour water onto a garbage heap belonging to an individual.37
י
אשפה ברה"ר גבוהה עשרה טפחים וחלון על גבה שופכין לה מים בשבת. במה דברים אמורים באשפה של רבים שאין דרכה להפנות. אבל של יחיד אין שופכין עליה שמא תתפנה ונמצאו שופכין כדרכן ברה"ר:
11
[The following rules apply to] a water conduit that passes through a courtyard: If it is ten [handbreadths] high and between four [handbreadths] and ten cubits wide, we may not draw water from it on the Sabbath, unless one erects a partition [in the water] ten handbreadths high at its entrance [to the courtyard] and its exit.
If it is not ten [handbreadths] high or is less than four [handbreadths] wide, we may draw water from it without [erecting] a partition.
יא
אמת המים שהיא עוברת בחצר אם יש בגובהה עשרה טפחים וברחבה ארבעה או יותר על כן עד עשר אמות אין ממלאין ממנה בשבת אלא אם כן עשו לה מחיצה גבוהה עשרה טפחים בכניסה וביציאה. ואם אין בגובהה עשרה או שאין ברחבה ארבעה ממלאין ממנה בלא מחיצה:
12
When [the water conduit that passes through the courtyard]40 is more than ten cubits wide, although it is less than ten handbreadths high, we may not draw water from it unless a partition is erected. Since it is more than ten [cubits] wide, it is considered to be an open space and nullifies the existence of the divider.41
What is the ruling regarding carrying in the courtyard as a whole?42 If there is even a small portion [of the wall] remaining on both sides of the opening, or if a portion [of the wall] four handbreadths in size remains on one side of the opening, it is permitted to carry in the entire courtyard.43 It is forbidden only to draw water from the conduit.44 If, however, no portion of the wall remains, it is forbidden to carry in the entire courtyard, for it has been opened up to the sea,45 which is a carmelit.
יב
היה ברחבה יתר מעשר אמות אף על פי שאין בגובהה עשרה אין ממלאין ממנה עד שיעשה לה מחיצה. שכל יתר על עשר פרצה היא ומפסדת המחיצות. ומהו לטלטל בכל החצר. אם נשאר מצד הפרצה פס מכאן ופס מכאן בכל שהוא או פס רוחב ארבעה טפחים מרוח אחת מותר לטלטל בכל החצר ואין אסור אלא למלאות מן האמה בלבד. אבל אם לא נשאר פס כלל אסור לטלטל בכל החצר שהרי נפרצה חצר לים שהוא כרמלית:
13
How must the partitions be erected in the water? If [the majority of the partition] is above the water, at least a handbreadth of the partition must descend into the water.46 If the partition as a whole descends into the water, at least a handbreadth must rise above the water level. [In this manner,] the water in the courtyard will be distinct, [from the water in the conduit on either side of the courtyard].
Although the partition does not reach the ground [in the conduit], since it is ten handbreadths high, it is permitted. The use of a partition that remains hanging was allowed only with regard to water.47 Since the prohibition against carrying this water is Rabbinic in origin,48 [the Sages] were lenient regarding [the nature of] the partition [required], for its purpose is only to create a distinction.
יג
והיאך מעמידין את המחיצה במים. אם היתה למעלה מן המים צריך שיהיה טפח מן המחיצה יורד בתוך המים. ואם היתה המחיצה כולה יורדת בתוך המים צריך שיהיה טפח ממנה יוצא למעלה מן המים. כדי שיהיו המים שבחצר מובדלין. אף על פי שאין המחיצה מגעת עד הקרקע הואיל ויש בה עשרה טפחים הרי זו מותרת. ולא התירו מחיצה תלויה אלא במים בלבד. שאיסור טלטול במים מדבריהם והקלו במחיצה שאינה אלא כדי לעשות היכר:
14
[The following rules apply] when a conduit of water passes between several courtyards and there are openings [from the courtyards] to it:49 If it is not the minimum size [of a domain],50one may lower buckets from the windows and draw water from it on the Sabbath.51
When does the above apply? When [the conduit] is not more than three handbreadths away from the wall. If, however, [the conduit] is more than three handbreadths away from the wall, we may not draw water from it52 unless there are projections extending from the walls on either side. Thus the conduit would be considered as if it passes through the courtyard.53
יד
אמת המים העוברת בין החצרות וחלונות פתוחות אליה. אם אין בה כשיעור משלשלין דלי מן החלונות וממלאים ממנה בשבת. במה דברים אמורים בשאינה מופלגת מן הכותל שלשה טפחים. אבל אם היתה מופלגת מן הכותל שלשה טפחים אין ממלאים ממנה אלא אם כן היו פסין יוצאין מן הכותלים מכאן ומכאן שנמצא האמה כאילו היא עוברת בתוך החצר:
15
[The following rules govern] a balcony54 that extends over a body of water with an aperture55 [in its floor] that opens to the water: We may not draw water from it on the Sabbath56 unless a partition ten handbreadths high is constructed over the water parallel to the opening in the balcony.57 Alternatively, we may construct a partition descending from the balcony to the water. Then, we consider this partition as descending until it touches the water.58
טו
כצוצרה שהיא למעלה מן הים וחלון בתוכה על גבי המים. אין ממלאים ממנה בשבת אלא א"כ עשו מחיצה גבוהה עשרה טפחים על גבי המים כנגד החלון שבכצוצרה. או תהיה המחיצה יורדת מן הכצוצרה כנגד המים ורואין אותה כאלו ירדה ונגעה עד המים. וכשם שממלאין מזו שעשו לה מחיצה כך שופכין ממנה על הים. שהרי על הכרמלית הן שופכין:
16
We must not pour water into a courtyard that is less than four cubits by four cubits61 on the Sabbath, because [the water] will flow into the public domain rapidly.62
Therefore, it is necessary to dig a pit that contains two seah63 in the courtyard or in the public domain next to the courtyard, so that the water will collect there. [If the pit is within the public domain], one must build a domed covering64 over this pit from the outside so that the pit will not be seen in the public domain.65
The courtyard and the patio adjoining it are combined [when calculating] the four cubits. How large is a pit that contains two seah? [A pit] half a cubit by a half a cubit in area and three fifths of a cubit high.
טז
חצר שהיא פחותה מארבע אמות על ארבע אמות אין שופכין בתוכה מים בשבת מפני שהן יוצאין לרה"ר במהרה. לפיכך צריך לעשות גומא מחזקת סאתים בתוך החצר או ברה"ר בצד החצר כדי שיהיו המים נקבצים בתוכה. וצריך לבנות עליה כיפה מבחוץ כדי שלא תראה העוקה הזאת ברה"ר. והחצר והאכסדרה מצטרפין לארבע אמות. וכמה הוא המקום שמחזיק סאתים חצי אמה על חצי אמה ברום שלשה חומשי אמה:
17
If the pit cannot contain two seah, we may pour [no more than] its contents into it. If it can contain two seah, we may pour [any amount of] water into it, even 60 seah, despite the fact that the water will overflow and spill from the pit outward.
When does the above apply? In the rainy season, at which time the courtyards are muddied and many drainpipes spread water. Thus, onlookers will not say that this person is making use of the courtyard and the water is flowing into the courtyard because of his power. In the summer, by contrast, if [the pit] can contain two seah, only that amount may be poured into it. If it cannot contain two seah, no water at all may be poured into it.
יז
היתה העוקה פחותה מסאתים שופכין לה במלואה. היתה מחזקת סאתים שופכין לה אפילו ששים סאה של מים. ואף על פי שהמים יתגברו ויפוצו מעל הגומא לחוץ. בד"א בימות הגשמים שהחצרות מתקלקלות וסתם צנורות מקלחין ולא יבאו הרואים לומר שזה משתמש ברה"ר והמים יוצאים מכחו ברה"ר. אבל בימות החמה אם היתה מחזקת סאתים אין שופכין לה אלא סאתים. היתה פחותה מסאתים אין שופכין לה כל עיקר:
18
[The following rules apply] to a drain through which water is poured and the water flows under the ground into the public domain, and to a gutter when water is poured over its mouth and the water flows down a wall and descends to the public domain: Even if the wall is 100 cubits long or the stretch of ground under which [the water] passes is 100 cubits long, it is forbidden to pour into the mouth of this drain or this gutter, for because of one's power, the water flows into the public domain. Instead, one should pour outside the drain, [allowing the water to] flow into the drain on its own accord.
יח
ביב ששופכין לו מים והן נזחלין והולכין תחת הקרקע ויוצאין לרה"ר. וכן צנור ששופכין על פיו מים והן נזחלין על הכותל ויורדין לרה"ר. אפילו היה אורך הכותל או אורך הדרך שתחת הארץ מאה אמה אסור לשפוך על פי הביב או על פי הצנור מפני שהמים יוצאין מכחו לרה"ר. אלא שופך חוץ לביב והן יורדין לביב:
19
When does the above apply? In the summer. In the winter, by contrast, one may pour [water as mentioned above], and indeed, do so repeatedly, without inhibition. At that time, the gutters are flowing [with water], and a person desires that the water will be absorbed in its place.
[In contrast,] it is permitted for a person to pour water over a drain which flows into the carmelit, even in the summer. No decrees were enacted against [the effect of] a person's power in a carmelit. For this reason, it is permitted to pour [water] down the side of a ship and have it descend to the sea.
יט
בד"א בימות החמה אבל בימות הגשמים שופך ושונה ואינו נמנע. שסתם צנורות מקלחין הן ואדם רוצה שיבלעו המים במקומן. היה שופך על פי הביב והמים יוצאין לכרמלית הרי זה מותר ואפילו בימות החמה שלא גזרו על כחו בכרמלית. לפיכך מותר לשפוך על כותלי הספינה והם יורדין לים:
20
A person who is standing in a ship should not draw water from the sea unless he builds a protrusion, four [handbreadths] by four [handbreadths], extending from the ship above the sea.
When does the above apply? When [the deck of the ship] is within ten [handbreadths of the water level]. If, however, [the deck] is more than ten [handbreadths above the water level], he may draw water after erecting a protrusion of the smallest size. [The rationale for this leniency is that] he is drawing water through a makom patur, and the protrusion is necessary only to make a distinction.
כ
לא ימלא אדם מים מן הים והוא בתוך הספינה אלא אם כן עשה מקום ארבעה על ארבעה יוצא מן הספינה על הים. במה דברים אמורים כשהיה תוך עשרה אבל אם היה למעלה מעשרה מן הים מוציא זיז כל שהוא וממלא. שהרי דרך מקום פטור ממלא ואינו צריך לזיז זה אלא משום היכר:
21
[The following rules apply when] a person was reading a scroll in a carmelit, a portion of the scroll rolled into the public domain, and a portion remained in his hand: If it rolled more than four cubits, he should turn it face down and leave it. This is a decree, enacted lest [the scroll] drop from his hand and he carry it [more than] four cubits. If it rolled less than four cubits, he should roll it back toward himself. Similarly, if it rolled into a private domain, he should roll it back towards himself.
[The following rules apply when] a person was reading in a private domain and the scroll rolled into a public domain]: If it came to rest, he should turn the scroll face down. If it did not come to rest, but rather remained suspended in the air above the public domain and did not reach the earth, he may roll it back to himself.
כא
הקורא בספר בכרמלית ונתגלגל מקצת הספר לרה"ר ומקצתו בידו. אם נתגלגל לחוץ לארבע אמות הופכו על הכתב ומניחו. גזירה שמא ישמט כולו מידו ויעבירנו ארבע אמות. נתגלגל לתוך ארבע אמות גוללו אצלו. וכן אם נתגלגל לרה"י גוללו אצלו. היה קורא ברה"י ונתגלגל לרה"ר אם נח בה הופכו על הכתב. ואם לא נח אלא היה תלוי באויר רה"ר ולא הגיע לארץ גוללו אצלו:
22
A person who moves thorns so that the public at large will not be injured [should adhere to the following guidelines]: If [the thorns] were in the public domain, he should move them less than four cubits at a time. If they were located in a carmelit, he may move them even 100 cubits in a normal manner.
Similarly, if a corpse [began to decompose,] emit foul odors, and become extremely abhorrent to the extent that the neighbors cannot bear to remain [in the same place], it may be taken from a private domain to a carmelit.
After a person descends to bathe in the sea, he should dry himself when he ascends, lest he carry the water that is on him more than four cubits in a carmelit.
כב
המעביר קוץ כדי שלא יזוקו בו רבים. אם היה ברה"ר מוליכו פחות מארבע אמות. ואם היה בכרמלית מוליכו כדרכו אפילו מאה אמה. וכן מת שהסריח ונתבזה יתר מדאי ולא יכלו שכנים לעמוד מוציאין אותו מרה"י לכרמלית. היורד לרחוץ בים כשהוא עולה מנגב עצמו שמא יעביר מים שעליו ארבע אמות בכרמלית
FOOTNOTES
1.
In both these instances, there is not even a Rabbinic prohibition against moving the articles. As mentioned in the notes on the following halachah, Rashi and the Rashba state that this leniency applies only with regard to articles the person does not require in the domain in which he is standing. If he needs them, the Rabbis decreed that they may not be moved, lest the person forget and bring the articles into the domain where he is standing. The Shulchan Aruch (Orach Chayim 350:1) appears to favor the view of these authorities.
2.
The Ra'avad questions the Rambam's decision, noting that Eruvin 99a would appear to hold a person liable in such a situation. The difficulty with the Rambam's statements is compounded by the fact that the passage cited above associates the law in question with the following decision, "A person who carries an article from the beginning [of a square] four cubits long to the end [of that square] in the public domain is liable, even when he lifts it above his head." Since the Rambam holds one liable in the latter instance (see Chapter 12, Halachah 14), it would seem that he would hold one liable with regard to the law under discussion. The Ra'avad's arguments are so powerful that the Maggid Mishnehsuggests amending the text of the Mishneh Torah accordingly.
The Radbaz (Vol. V, Responsum 1527) notes the Ra'avad's question, and states that he checked all the ancient manuscripts of the Mishneh Torah available to him, and they all state that the person is not liable. Therefore, he explains that a person is not liable for transfering an article unless he is standing in one of the domains involved in the transfer. This concept is derived from the transfer of the articles in the construction of the Sanctuary. In this instance, the people were not standing in a domain other than those involved in the transfer. Based on this foundation, he offers an interpretation - albeit a slightly strained one - for the passage in Eruvin.
3.
This and the following law refer to situations where the key is located in the domain where the door is located.
4.
The Maggid Mishneh mentions the possibility of placing the key in the door as a forbidden transfer. In the present day, almost every keyhole would be considered to be a makom patur.
5.
I.e., we are not worried that perhaps the animal will withdraw its neck and the person will carry the food outside the stall. Note the apparent contradiction to Chapter 17, Halachah 29.
6.
As mentioned in the notes on the previous halachah, in their commentary on Eruvin99a, the source for these halachot, Rashi and the Rashba maintain that if the person requires the vessels, the above restrictions apply even if the vessels are not attractive. The Maggid Mishneh states that although the Rambam's ruling appears most appropriate within the context of the Talmudic passage, in practice the more stringent ruling should be followed. As mentioned, the Shulchan Aruch also rules accordingly.
7.
This relects a significant leniency. We are requiring the person to drink while bent over. Even so, the Rabbis did not feel it necessary to forbid the person from drinking, lest he forget, stand upright, and thus bring the drinking vessel into the other domain.
8.
The prohibition against transferring an article from a carmelit is Rabbinic in nature. Hence, even if the person were to forget and transfer the drinking vessels to his domain, he would not violate Torah law. Accordingly, there is no need to prohibit him from drinking as a further safeguard.
This represents the opinion of Ravvah (Eruvin 99a) and is accepted by the Shulchan Aruch (Orach Chayim 350:1). Significantly, however, the Talmud also records the opinion of Abbaye, who differs and maintains that since the forbidden labor of transferring articles is a matter that may be taken lightly, the Sages instituted safeguards with regard to Rabbinic decrees as well.
9.
As long as he takes the water from the air, there is no difficulty. If he takes the water from ten handbreadths or more above the ground, he has taken it from a makom patur. If he takes it from less than ten handbreadths, he has moved an article less than four cubits in the public domain.
10.
Based on the principle of l'vud, since the pipe is within three handbreadths of a private domain, it is considered to be an extension of that domain.
From the Rambam's wording, it appears that if the roof is less than thirteen handbreadths above the ground, the principle of l'vud does not apply. This is so because the principle of l'vud cannot cause a space that is part of the public domain to be considered an extension of a private domain (Maggid Mishneh).
11.
In this instance, the pipe would be considered to be a carmelit. Transferring from a carmelit to a public domain is forbidden.
12.
In this instance, the drainpipe is considered to be a private domain in its own right.
13.
Note the distinction between this ruling and Chapter 13, Halachah 4, which describes removing water that is at rest.
14.
I.e., to place articles upon it, transferring them from the building. Note, however, the restrictions mentioned in Halachah 7.
15.
The space more than ten handbreadths above a public domain is a makom patur. Hence, one may transfer articles to and from it (Chapter 14, Halachah 12).
16.
This applies even if a projection is four handbreadths by four handbreadths in area and directly below an open window. Since it is low enough to be used by the passersby in the public domain, it is considered to be a carmelit.
17.
The Maggid Mishneh explains that according to the Rambam, these restrictions apply even when the two projections are not directly above each other.
18.
As the Rambam explains, the difficulty is that people from different properties cannot both use a third property which adjoins them - for example (Hilchot Eruvin 3:16), a wall that is four handbreadths wide that separates between two different properties. In particular, there are two conceptions of the Rambam's statements:
a) that of the Shulchan Aruch (Orach Chayim 353:2), which explains that the two projections extend from two windows belonging to two different individuals who have not made an eruv. Since these individuals are forbidden to transfer articles from one projection to the other by Rabbinical decree, certain restrictions were also placed on using the projections themselves.
b) that of the Ritba, who explains that we are speaking of a wall that possesses only a single window. Nevertheless, the lower projection may be used by the passersby in the public domain. (Although the public domain extends only to ten handbreadths, the people in the public domain have the right to use projections and holes in the wall that are above that height.) When there is only one projection, they refrain from using it, because it will be used by the inhabitants of the house. When, however, there are two projections, the passersby feel free to use the lower one. This in turn causes there to be certain restrictions with regard to the use of both projections on the Sabbath. See the diagram on the opposite page.
Although the Merkevet HaMishneh and others explain that the Ritba's interpretation is more appropriate to the wording chosen by the Rambam, our notes will follow the approach of the Shulchan Aruch, for it is accepted by the subsequent halachic authorities. It also must be noted that Rashi's version of the text of Eruvin 98b differs from that of the Rambam. Accordingly, he and the subsequent Ashkenazic authorities have a different conception of these rulings.
19.
Note that Shulchan Aruch HaRav 353:3 and the Mishnah Berurah 353:11 explain that this refers to articles that were kept inside the house. Articles that were left on the projection before the Sabbath may be moved on it. See Hilchot Eruvin 3:18-19.
20.
This applies even if the lower projection is not four handbreadths by four handbreadths (Shulchan Aruch HaRav353:4; Mishnah Berurah 353:12).
21.
Note the Mishnah Berurah 353:12, which cites opinions that allow the people whose window opens up to the lower projection to use it when it is less than four handbreadths by four handbreadths.
22.
There are no restrictions whatsoever, for neither projection is a domain in its own right.
23.
This is permitted, because the projection is considered to be an extension of the window, like a hole in the wall of a private domain (Maggid Mishneh).
24.
Since the lower projection is a domain in its own right, it includes the space above it until the heavens, and the entire wall is considered as a part of it. In this instance, since the upper projection is not considered to be a domain in its own right, it is divided into portions. The portion directly opposite the window is considered an extension of the window as in the previous note, but the portion on either side is considered part of the lower projection.
25.
If the projection extends over a carmelit and is ten handbreadths high, there are no restrictions regarding the articles that may be used on it (Shulchan Aruch, Orach Chayim 353:3).
26.
Bringing the articles from the public domain to the home constitutes a forbidden activity. Hence, our Sages instituted this safeguard.
Note the Rashba, who states that if a projection is four handbreadths by four handbreadths, there are no restrictions regarding the articles that may be used on it. Although the Shulchan Aruch (Orach Chayim 353:3) quotes the Rambam's ruling, the Ramah states that on a roof or balcony on which a person stands comfortably, all articles may be carried.
27.
Our translation follows the version of the standard published text of the Mishneh Torah. Many early printings and manuscripts of the text state "one is permitted...." From the context, the latter version appears more appropriate.
One is forbidden to transfer from one private domain to another private domain when they are separated by a public domain. Nevertheless, since the public domain extends for only ten handbreadths above the ground, the transfer is not being made through a public domain, but rather through a makom patur (Shulchan Aruch HaRav 353:1).
28.
See Hilchot Eruvin 1:1-4, which explains that although according to the Torah itself, one may transfer from one private domain to another, our Sages forbade this unless an eruv was constructed.
29.
These articles are not breakable. Nevertheless, since the houses are on the same level, it is not difficult to throw from one to the other. Accordingly, our Sages did not feel the need for a safeguard, lest the article fall and the person descend to the public domain and bring them into his home, a private domain.
30.
Even if the articles fall into the public domain, they will break. Hence, there is no need to worry that the person may bring them home.
The above restrictions apply only to houses on two sides of a public domain. If two houses are located on two sides of a carmelit, there are no restrictions regarding the type of articles that may be thrown, because there is no possibility of a Torah prohibition being violated (Maggid Mishneh).
31.
A cistern that is ten handbreadths deep is considered as a private domain. Were the sand piled around the cistern to be ten handbreadths high, the enclosure would be considered a private domain. Eruvin 99b teaches us a new concept, that the sum of ten handbreadths can be reached by combining the two together.
Hence, there is no difficulty in drawing water from the enclosure to the house, since one is transferring from one private domain to another. Needless to say, it is forbidden to transfer from such an enclosure to the public domain.
32.
Since there is no room for a person to pass comfortably between the sand pile and the wall of the house, the space between them is not considered as part of the public domain, but rather as a carmelit (compare to Chapter 14, Halachah 6). Therefore, the space above it is also considered as a carmelit. Thus, one would be transferring from a private domain to a private domain via a carmelit. In this instance (in contrast to Chapter 14, Halachah 14), our Sages allowed such a transfer.
33.
When there is room for people to pass between the cistern and the house in a normal manner, the space between them is considered as part of the public domain. Therefore, a person who draws water through the opening to his home would be considered to be transferring from a private domain - the cistern - through a public domain - the area above the space between the sand pile and the home - to one's home - a private domain. See Chapter 13, Halachah 16.
34.
Here, the importance of the height of ten handbreadths is not significant because it creates a private domain, but because, as explained in the following note, this will cause the bucket to be more than ten handbreadths above the ground as it passes over the sand pile.
35.
I.e., as the bucket is transferred from the enclosure to the home, it passes above the public domain. In this instance, since the sand pile is ten handbreadths high, there is no difficulty, because the space ten handbreadths above the public domain is a makom patur.
36.
Since the garbage heap is ten handbreadths high, it constitutes a private domain.
Thus, when water is poured from the house, the water will pass from a private domain through a makom patur - the space more than ten handbreadths above the public domain - to another private domain. This is permitted.
37.
This is a Rabbinic decree, instituted for the reason to be explained. Shulchan Aruch HaRav 354:3 states that this restriction applies even if the garbage heap is located in a carmelit.
38.
Eruvin 99b cites an example where the Sages considered such a possibility.
39.
I.e., we suspect that without looking, the person will follow his usual habit and pour water onto the place where the garbage heap was located previously without noticing that it had been removed.
40.
In this halachah as well, most commentaries maintain that the Rambam is referring to a water conduit that passes through a place where a portion of the wall of the courtyard has been taken down. As mentioned above, the Ra'avad interprets Eruvin 12b, the source for this halachah, differently, and therefore objects to the Rambam's ruling.
Significantly, the Merkevet HaMishnehnotes that the second clause of the halachah appears to indicate that the conduit breaks through the wall entirely, and it therefore offers a different interpretation of the Rambam's words.
Significantly, the Merkevet HaMishnehnotes that the second clause of the halachah appears to indicate that the conduit breaks through the wall entirely, and it therefore offers a different interpretation of the Rambam's words.
41.
Since the conduit is not deep enough to constitute a domain of its own, it would normally be considered part of the domain through which it passes. (See Chapter 14, Halachah 24.) Nevertheless, since this conduit is so wide, it is no longer considered part of the private domain.
42.
I.e., does the conduit nullify the courtyard's distinction as a private domain? Significantly, this question is asked in this halachah and not in the previous one. In the previous halachah, although the conduit itself was considered a separate domain, since the opening was less than ten handbreadths, it is considered as an entrance and the enclosure is not nullified. This halachah, however, mentions an opening of more than ten cubits, an aperture which ordinarily nullifies an enclosure.
43.
Several explanations have been offered for the Rambam's ruling. Among them: the small portion of the wall which remains juts out over the water. Therefore, the opening to the courtyard is less than ten cubits (Rabbenu Yonason, commenting on Rabbenu Yitzchak Alfasi). The portions of the wall which remain on either side are considered like poles. As stated in Chapter 17, Halachah 7, it is permitted to carry in a courtyard with poles on either edges of the entrance to the fourth side (an ancient commentary on the Mishneh Torah from Egypt). See also the Or Sameach.
44.
For the reasons mentioned above, the wall of the courtyard is an acceptable divider, and thus the courtyard as a whole is still considered to be a private domain. Nevertheless, since the wall was not made for the purpose of distinguishing the water that is outside the courtyard from that which is within the courtyard, a separate partition is required for that purpose (ibid.).
45.
When there are no portions jutting out over the water (according to the first interpretation in note 49) or when the entire wall is destroyed (according to the second), the courtyard is considered as enclosed on three sides alone and it is forbidden to carry within.
46.
For the entire intent of this partition is to make a distinct separation between the water in the courtyard and the water in the public domain outside of it. [See the Rambam's Commentary on the Mishneh (Eruvin 8:6). See also Hilchot Eruvin 3:21-22 where the Rambam mentions a similar requirement.]
47.
Generally, a partition must descend within three handbreadths of the ground.
48.
For, as mentioned above, the courtyard is a private domain, and carrying within it is permitted. Furthermore, even the water conduit is considered as a private domain according to the Torah itself and its designation as a carmelit is Rabbinic in origin.
49.
In contrast to the conduit mentioned in the previous halachot, this conduit does not pass through the courtyards, but merely by their side. Hence, it cannot be considered as part of the courtyard itself.
50.
I.e., ten handbreadths deep and four handbreadths wide.
51.
The conduit is considered to be a carmelit; the windows, the holes adjacent to a carmelit. One may transfer an article from a carmelit to such holes. This interpretation follows Rabbenu Chanan'el's interpretation of Eruvin 87b. The Ra'avad has a different conception of this passage, and hence objects to the Rambam's rulings.
52.
Since the opening is more than three handbreadths away, it is no longer considered to be a hole adjacent to the carmelit, but rather a separate entity. Hence, it is forbidden to transfer from the carmelit to it.
53.
I.e., the projections would cause the courtyard to be considered as extending beyond its wall, into the space of the conduit. Therefore, taking water from the conduit would be considered as moving an article within a single private domain.
54.
In his Commentary on the Mishnah (Eruvin 8:8), the Rambam explains that just as it is customary to erect balconies over the public domain, it is also customary to erect balconies over bodies of water.
55.
The Shulchan Aruch (Orach Chayim355:1) states that the aperture must be four handbreadths by four handbreadths.
56.
Since the body of water is considered to be a carmelit. It is forbidden to transfer from a carmelit to a private domain.
57.
The partition need not reach the water itself. Because of the principle gud acheit mechitzata, the partition is considered as if it extends into the water, even though it actually ends above its surface. This leniency is granted, because the entire prohibition is Rabbinic in origin.
Thus it is considered as if the hole extends into the water itself. Accordingly, we are allowed to draw water through it, because the portion of the body of water beneath it is considered to be an extension of the private domain [the Rambam's Commentary on the Mishnah (ibid.)].
Thus it is considered as if the hole extends into the water itself. Accordingly, we are allowed to draw water through it, because the portion of the body of water beneath it is considered to be an extension of the private domain [the Rambam's Commentary on the Mishnah (ibid.)].
58.
The partition need not reach the balcony. Because of the principle gud asik mechitzata, the partition is considered as if it extends to the balcony, even though it actually ends below it (ibid.). See also Shulchan Aruch (Orach Chayim 355:1).
59.
Eruvin 88a explains that the leniency of pouring into the body of water has an added dimension of severity. The current of the water will cause the water that has been poured to flow beyond the periphery of the aperture and into the portion of the body of water that is a carmelit. Nevertheless, since the person does not perform this transfer himself, there is no restriction.
60.
Since the prohibition is Rabbinic in origin, the construction of such a partition is sufficient (Ma'aseh Rokeach).
61.
The Maggid Mishneh explains that the Rambam's wording is intended to negate an opinion mentioned in Eruvin88a, which states that even if a courtyard is not four handbreadths by four handbreadths, if its total area is 16 square handbreadths (e.g., it is is eight cubits by two), the restrictions mentioned in this halachah do not apply. Significantly, the Rashba accepts the more lenient view and, in this instance, the Shulchan Aruch (Orach Chayim357:1) follows his ruling.
62.
Pouring the water into the courtyard does not violate a Torah prohibition, because the courtyard itself is an extension of the home. Although the water flows into the public domain, this is due to the forces of gravity and inertia. Thus, the person's pouring of the water is considered as merely a cause; it is not considered as if he poured the water into the public domain directly. Nevertheless, the Rabbis forbade pouring the water in this manner.
63.
A seah is approxinmately 8.25 liters according to Shiurei Torah and 14.4 liters according to the Chazon Ish. The Sages chose this measure because they considered this to be the average quantity of water used by a person every day (the Rambam's Commentary on the Mishnah, Eruvin 8:9).
64.
Note the Shulchan Aruch (loc. cit.), which differs and mentions a covering of boards, which most likely is flat.
65.
In his Commentary on the Mishnah (op. cit.), the Rambam explains that the covering will cause the pit to be separated from the public domain. (See Shulchan Aruch HaRav 357:1 and the Be'ur Halachah, which explain that because of its dome-like cover, people will not walk over it easily. Hence, since its opening faces the private domain, it is considered to be a hole adjacent to the private domain or a makom patur.) Note the Beit Yosef (Orach Chayim357) who explains that the reason for the cover is to prevent people's suspicions from being aroused.
Shabbat - Chapter Sixteen
1
[The following rules pertain to] a place that is enclosed for purposes other than habitation, and is used as an open space - e.g., gardens and orchards, an open area that is enclosed to protect it, or the like: If the walls surrounding it are ten handbreadths or more high, it is considered to be a private domain with regard to a person's being liable for transferring, throwing, or passing an object from it to the public domain, or from the public domain to it.1
א
מקום שלא הוקף לדירה אלא שיהיה תשמישו לאויר כגון גנות ופרדסים וכגון המקיף מקום מן הארץ לשומרו וכיוצא בהן. אם יש בגובה המחיצות עשרה טפחים או יתר הרי הוא כרה"י לחייב המוציא והזורק והמושיט ממנו לרה"ר או מרה"ר לתוכו. ואין מטלטלין בכולו אלא אם כן יש בו בית סאתים או פחות. אבל אם היה בו יתר על בית סאתים אסור לטלטל בו אלא בארבע אמות ככרמלית:
2
Similarly, if a surface is elevated more than ten handbreadths high4 and whose area is equivalent to the space necessary to sow two seah or less, we may carry on the entire surface. If its area exceeds the space necessary to sow two seah, we may carry only within a space of four cubits upon it.5
When a rock in the sea is less than ten handbreadths high, we may carry from it to the sea, and from the sea to it, for the entire area is a carmelit.6 If [the rock] is ten handbreadths high, [different rules apply]. If the size of its area is between7four handbreadths [by four handbreadths]8 and the space necessary to sow two seah, [our Sages forbade] carrying from [the rock] to the sea or from the sea to the rock. [This restriction is a safeguard, instituted,] because we are permitted to carry on the entire [rock].
If its area exceeds the space necessary to sow two seah, although it is a private domain and yet it is forbidden to carry more than four cubits upon it as in a carmelit, it is permitted to carry from it to the sea and from the sea to it. This is an atypical situation. Hence, the Sages did not [include] it [in their] decree.9
ב
וכן עמוד שגבוה עשרה טפחים ורחב עד בית סאתים מטלטלין על כולו. היה רחב על בית סאתים אין מטלטלין בו אלא בארבע אמות. סלע שבים היה גבוה פחות מעשרה מטלטלין מתוכו לים ומן הים לתוכו שהכל כרמלית. היה גבוה עשרה אם היה רחבו מארבעה טפחים עד בית סאתים הואיל ומותר לטלטל בכולו אין מטלטלין לא מתוכו לים ולא מן הים לתוכו. היה יתר מבית סאתים אע"פ שהוא רה"י הואיל ואסור לטלטל בו אלא בארבע אמות ככרמלית הרי זה מותר לטלטל מתוכו לים ומן הים לתוכו שזה דבר שאינו מצוי הוא ולא גזרו בו:
3
How large is an area in which a seah [of grain can be sown]? Fifty cubits by fifty cubits. Thus, the area in which two seah [of grain can be sown] is 5000 square cubits.10
ג
כמה היא בית סאה חמשים אמה על חמשים אמה. נמצא בית סאתים מקום שיש בתשבורתו חמשת אלפים אמה. וכל מקום שיש בו כמדה הזאת בין שהיה מרובע שהוא שבעים אמה ושירים על שבעים אמה ושירים בין שהיה עגול בין שאר הצורות הרי זה נקרא בית סאתים:
4
[The following rules apply when] an area that is enclosed for purposes other than habitation and is large enough for two seah [of grain to be sown within is rectangular in shape]: If its length is twice its width - for example, it is 100 by 50, as was the courtyard of the Sanctuary - carrying is permitted within it.
If, however, [it is more elongated] and its length exceeds twice its width by even one handbreadth,14 we are permitted to carry only four cubits within it.15 [This restriction is imposed because the permission to carry as one may carry] in other courtyards [within] an open space large enough for two seah [of grain to be sown within], is derived from the courtyard of the Sanctuary.16
ד
מקום שלא הוקף לדירה שיש בו בית סאתים אם היה ארכו פי שנים כרחבו כדי שיהיה מאה על חמשים כחצר המשכן מותר לטלטל בכולו. אבל אם היה ארכו יתר על שנים כרחבו אפילו אמה אין מטלטלין בו אלא בארבע אמות. שלא עשו בית סאתים שתשמישו לאויר כשאר החצרות אלא מחצר המשכן:
5
[The status of] a place that was originally enclosed for purposes other than habitation [may be changed in the following manner]. A person tears down [a portion of the wall, creating] an open space that is more than ten cubits long and ten handbreadths high17 and then re-encloses that space for the purpose of habitation.18 [After this has been done,] one may carry within the entire enclosure.
Moreover, even if one [did not complete the entire process at once, but rather] tore down a single cubit and re-enclosed that space for the purpose of habitation, tore down another single cubit and re-enclosed that space for the purpose of habitation19 - [when one continues this process until] one re-encloses a space greater than ten cubits one may carry within the entire enclosure, even though it is several millim20 in size.
ה
מקום שהוקף שלא לשם דירה אם פרץ בו פרצה יתר על עשר אמות בגובה עשרה טפחים וגדר בה לשם דירה עד עשרה מותר לטלטל בכולה. ואפילו פרץ אמה וגדרה לשם דירה ופרץ אמה וגדרה לשם דירה עד שהשלימה ליתר מעשר מותר לטלטל בכולה אף על פי שיש בו כמה מילין:
6
When [produce] is sown in the majority of an area that is larger than the space [necessary to sow] two seah[of grain] that was enclosed for the sake of habitation, the area is considered to be a garden,21and it is forbidden to carry within it in its totality.22
[The following rules apply when produce] is sown merely within a minor portion [of the enclosure]: If the portion [where the produce] was sown is equal23 to the space [necessary to sow] two seah [of grain], one may carry within the entire [enclosure].24 If the portion [where the produce] was sown is larger than the space [necessary to sow] two seah [of grain],25one may not carry within the entire [enclosure].26
When trees are planted in the majority [of the enclosure],27 it is considered to be a courtyard, and one may carry within the entire [enclosure].28
Should [the enclosure] become filled with water,29 [the following rules apply]: If [the water] is fit to be used [by humans],30 [the water] is considered to be like trees,31 and it is permitted to carry within the entire enclosure. If [the water] is not fit to be used [by humans], we may carry only [within a square of] four cubits in [the enclosure].32
ו
מקום יתר מבית סאתים שהוקף לדירה אם נזרע רובו הרי הוא כגנה ואסור לטלטל בכולו. נזרע מיעוטו אם נזרע ממנו בית סאתים מותר לטלטל בכולו. ואם היה המקום הזרוע יתר מבית סאתים אסור לטלטל בכולו. נטע רובו הרי הוא כחצר ומותר לטלטל בכולו. נתמלא מים אפילו היו עמוקים הרבה אם היו ראויין לתשמיש הרי הן כנטעים ומותר לטלטל בכולו. ואם אינן ראויין לתשמיש אין מטלטלין בו אלא בארבע אמות:
7
[The following rule applies when a roof is constructed33over a portion of] an area large enough for three seah [of grain to be sown within] which originally had been enclosed for purposes other than habitation: If the roof34 covers [a portion of this area] large enough for a seah [of grain to be sown], we are permitted [to carry throughout the entire enclosure] because of the roof. [The rationale is:] The edge of the roof is considered to descend and close off [the covered portion from the enclosure as a whole].35
[The following rule applies when the wall surrounding an area that was enclosed for purposes other than habitation] was torn down,36 opening the enclosure up to an adjoining courtyard, and [a portion of the wall of the courtyard] opposite [the enclosure] was also torn down: 
37 [We are] permitted [to carry] within the courtyard as [we] previously [were], and [we are] forbidden [to carry] within the enclosure as [we] previously [were].38 [The rationale is:] The open space of the courtyard does not cause [carrying] to be permitted [within the enclosure].39
ז37 [We are] permitted [to carry] within the courtyard as [we] previously [were], and [we are] forbidden [to carry] within the enclosure as [we] previously [were].38 [The rationale is:] The open space of the courtyard does not cause [carrying] to be permitted [within the enclosure].39
מקום שהוקף שלא לשם דירה שיש בו בית שלש סאין וקירו בו בית סאה קירויו מתירו שפי תקרה יורד וסותם. נפרץ במלואו לחצר ונפרצה חצר כנגדו. חצר מותרת כשהיתה והקרפף אסור כשהיה. שאין אויר החצר מתירו:
8
When [the area of an enclosure] is greater than the space necessary [to sow] two seah [of grain], and one attempts to reduce its size40 by planting trees, its [size is not considered to have been] reduced.41
If one builds a pillar ten [handbreadths] high and three or more [handbreadths] wide at the side of the wall,42 [the size of the enclosure is considered to have been] reduced.43 If, however, [the pillar] is less than three [handbreadths] wide, [the size of the enclosure is not considered to have been] reduced, for an entity that is within three handbreadths of an existing entity is considered to be an extension of the latter entity.44
ח
היה יתר מבית סאתים ובא למעטו באילנות אינו מיעוט. בנה בו עמוד בצד הכותל גבוה עשרה ורחב שלשה או יתר הרי זה מיעוט. פחות משלשה אינו מיעוט שכל פחות משלשה כלבוד דמי. וכן אם הרחיק מן הכותל שלשה ועשה מחיצה הרי זה מיעוט. פחות משלשה לא עשה כלום:
9
If one applies cement to the wall, one reduces [the size of the enclosure],47although [the cement] is not substantial enough to stand as a separate entity.48
[The following rule applies when an area which is larger than the space required to sow two seah of grain is located on a mound:] If one builds a wall [with the intent of enclosing the area for habitation] at the edge of the mound, it is not of consequence,49 for a partition that is built on top of another partition is of no consequence.50
[The following rule applies when] a wall [that was constructed for the purpose of habitation was built] on top of a wall [that was not constructed for the purpose of habitation,]51 the lower wall sunk within the ground,52 and the upper wall remained: Since the upper wall was constructed for the purpose of dwelling, and it is the only [wall] visible at present, it is [now] considered of consequence and one may carry within the entire [enclosure].
ט
טח את הכותל בטיט אע"פ שאינו יכול לעמוד בפני עצמו הרי זה מיעוט. הרחיק מן התל שלשה ועשה מחיצה הועיל. עשה מחיצה על שפת התל אינו מועיל שהעושה מחיצה על גבי מחיצה אינו מועיל. נבלעה מחיצה התחתונה והרי העליונה קיימת. הואיל ונעשית העליונה לשם דירה והרי אין שם נראה אלא היא הרי זה הועיל ומותר לטלטל בכולה:
10
We may carry only within [a square of] four cubits in a yard53 that is located behind [a group of] houses larger than the space necessary [to sow] two seah [of grain], even when there is an opening from [one of] the homes to [the yard].54
If one opens an entrance [from one of the homes] to [the yard] and then encloses it, [the yard] is considered as enclosed for the purpose of habitation, and we are permitted to carry throughout its total [area].55
י
רחבה שאחורי בתים יתירה על בית סאתים אין מטלטלין בה אלא בארבע. ואפילו היה פתח הבית פתוח לתוכה. ואם פתח הפתח לשם ואחר כך הקיפה הרי זו כמוקפת לדירה ומותר לטלטל בכולה:
11
[Permission is granted to carry within] a yard56that opens to a city at one side and a path that leads to a river on the other [in the following manner]:57 If one erects a post58 at the side near the city, it is permitted to carry within [the yard], from [the yard] to the city,59and from the city to [the yard].
יא
רחבה הפתוחה למדינה מצד אחד ומצד אחר פתוחה לשביל המגיע לנהר. עושה לה לחי מצד המדינה ויהיה מותר לטלטל בכולה ומתוכה למדינה ומן המדינה לתוכה:
12
[The following rules apply when] an individual spends the Sabbath in an open valley and constructs a partition60 around his [immediate area]: If [the enclosed area] is the size of the area in which two seah [of grain can be sown] or less, he may carry within the entire [enclosed area]. If [the enclosed area] is larger, he may carry only within [a square of] four cubits.61
The same [rules apply when] two individuals [spend the Sabbath in an open valley]. When, however, three or more Jews62 spend the Sabbath in an open valley [and erect a partition enclosing their immediate area], they are considered a caravan and they are allowed to carry as far as necessary,63 even several millim, provided there is not a space larger than the area [necessary to sow] two seah left vacant without utensils. If, however, [the enclosed area] includes a space larger than the area [necessary to sow] two seah that is left vacant without utensils, and that is of no use to them,64 they are allowed to carry only within [a square of] four cubits within the enclosure.65
A minor66 is not included in [the reckoning of the minimum number of people necessary to compose] a caravan.
יב
יחיד ששבת בבקעה ועשה מחיצה סביב לו אם יש בה עד בית סאתים מותר לטלטל בכולה. ואם היתה יתר על בית סאתים אינו מטלטל בה אלא בארבע אמות. וכן אם היו שנים. אבל שלשה ישראלים או יתר עליהן ששבתו בבקעה הרי הן שיירא ומותר להם לטלטל בכל צרכן אפילו כמה מילין. והוא שלא ישאר מן המחיצה שהקיפו בית סאתים פנוי בלא כלים. אבל אם נשאר בית סאתים פנוי בלא כלים ולא היו צריכים לו אסורים לטלטל בכל המחיצה אלא בארבע אמות ואין הקטן משלים לשיירא:
13
When three people enclose an area large enough for their needs67 and establish this as their place for the Sabbath, [those who remain] are allowed to [continue] carrying within the entire [enclosure]68 despite the fact that one of them dies [on the Sabbath].
When [by contrast] two individuals establish [an enclosed area] larger than the space [necessary to sow] two seah [of grain] as their place for the Sabbath, they may carry only within four cubits despite the fact that a third person joins them [on the Sabbath]. [The rationale for both decisions is that the ruling] is determined by the manner in which the individuals establish [a site as] their place for the Sabbath [at the commencement of the Sabbath], and not on the number of people who are actually present [on the Sabbath day].69
יג
שלשה שהקיפו כדי צרכן וקנו שביתה ואחר כך מת אחד מהן הרי הם מותרין לטלטל בכולה. קנו שנים שביתה ביתר מבית סאתים ואחר כך בא להם שלישי אסורין לטלטל אלא בארבע אמות כשהיו קודם שיבוא זה. שהשביתה היא הגורמת לא הדיורין:
14
[Our Sages did not establish restrictions against carrying in the following instance:] Three areas that are enclosed for purposes other than habitation are located adjacent to each other, and lead70 to each other. The two outer enclosures are wide, while the middle enclosure is narrow. Thus, there are barriers around the outer enclosures on either side. If [three people spend the Sabbath in this place,] one in each of these enclosures, [the three] are considered as a caravan,71 and they are allowed to carry [wherever] necessary.72
If the middle enclosure is wide, while the two outer enclosures are narrow, there are barriers around the middle enclosure on either side. [Thus,] it is considered separate. Therefore, [if three people spend the Sabbath in this place,] one in each of these enclosures, they are not allowed to carry without restriction.73 Instead, each one is allowed to carry within his own enclosure [provided it is smaller74than the space necessary to sow] two seah [of grain].
If a single individual [spends the Sabbath] in each [of the outer enclosures], while two people are in the middle enclosure, or two people [spend the Sabbath] in each [of the outer enclosures], while one person is in the middle enclosure, they are allowed to carry [wherever] necessary.75
יד
שלשה מקומות המוקפין שלא לשם דירה זה בצד זה ופתוחים זה לזה שנים החיצונים רחבים והאמצעי קצר שנמצאו לשנים החיצונים פסין מכאן ומכאן והיה יחיד בזה ויחיד בזה ויחיד בזה נעשו כשיירא ונותנין להם כל צרכן. היה האמצעי רחב ושנים החיצונים קצרים שנמצא האמצעי בפסין משני רוחותיו הרי הוא מובדל משנים החיצונים. לפיכך אם שבת יחיד בזה ויחיד בזה ויחיד בזה אין נותנין להן כל צרכן אלא כל אחד ואחד יש לו בית סאתים במקומו. היה יחיד בזה ויחיד בזה ושנים באמצעי או שנים בזה ושנים בזה ואחד באמצעי נותנין להן כל צרכן:
15
Any partition76 that cannot stand in the face of an ordinary wind is not considered a significant partition.77 [Similarly,] any partition which is not constructed in a lasting manner78 is not considered a significant partition. [Likewise,] a partition constructed only for the purpose of modesty79 is not considered a significant partition.
טו
כל מחיצה שאינה יכולה לעמוד ברוח מצויה אינה מחיצה. וכל מחיצה שאינה עשויה לנחת אינה מחיצה. וכל מחיצה שאינה עשויה אלא לצניעות בלבד אינה מחיצה. וכל מחיצה שאין בגובהה עשרה טפחים או יותר אינה מחיצה גמורה. גידוד חמשה ומחיצה חמשה מצטרפין:
16
Any partition whose open portion exceeds its closed portion is not considered to be a partition.82If, however, the open portion is equivalent to its closed portion, it is permitted [to carry within the enclosure], provided none of the open portions is larger than ten cubits wide.83 [The rationale for this leniency is that an open space] ten cubits [or less] is considered to be an entrance.84
טז
כל מחיצה שיש בה פרוץ מרובה על העומד אינה מחיצה. אבל אם היה פרוץ כעומד הרי זו מותרת. ובלבד שלא יהיה באותן הפרצות פרצה שהיא יתר על עשר אמות. אבל עשר אמות הרי היא כפתח. אם היה לפרצה זו צורת פתח אף על פי שיש בה יותר מעשר אינה מפסדת המחיצה. והוא שלא יהא הפרוץ מרובה על העומד:
17
When does the above apply? When the open spaces are three handbreadths or wider. If, however, the open spaces are each less than three handbreadths,88 the partition is acceptable although the total open space exceeds the space which is enclosed. For whenever there is an opening of less than three handbreadths, the portions separated in this manner are considered as parts of a solid partition.
יז
במה דברים אמורים בזמן שהפרצות משלשה טפחים ולמעלה. אבל אם היו הפרצות כל פרצה מהן פחותה משלשה הרי זו מותרת. ואף על פי שהפרוץ מרובה על העומד. שכל פחות משלשה הרי הוא כלבוד:
18
What does the above imply? For example, a person makes an enclosure with reeds - as long as there is less than three handbreadths between one reed and the next, the partition is fully acceptable. Similarly, if one makes a partition with ropes, as long as there is less than three handbreadths between one rope and the next [the partition is fully acceptable]. [The above applies] even when the [reeds or ropes] run vertically but not horizontally,89or horizontally but not vertically.90
The height of the reeds must be at least ten [handbreadths], or there must be ten handbreadths from the earth to the top of the highest rope if one makes an enclosure with rope. For a partition cannot be less than ten handbreadths high. All these measures are part of the oral tradition transmitted to Moses on Mount Sinai.91
יח
כיצד הרי שהקיף בקנים ואין בין קנה לחבירו שלשה טפחים. או שהקיף בחבלים ואין בין חבל לחבירו שלשה טפחים. הרי זו מחיצה גמורה. אף על פי שהיא שתי בלא ערב או ערב בלא שתי. וצריך שיהיה גובה הקנה עשרה או שיהיה מן הארץ עד סוף עובי החבל העליון עשרה אם הקיף בחבלים. שאין מחיצה פחותה מעשרה. וכל השיעורין האלו הלכה למשה מסיני הן:
19
Whenever the term "frame of an entrance" is mentioned, it refers to a structure that has at the very least one reed at either side and another reed above them.92 [There is a further leniency:] The height of the posts at the sides must be at least ten handbreadths, but it is not necessary for the reed or other material placed above them to touch them. Even if it is several cubits above them,93 since the posts at the side are ten [handbreadths] high, [the structure] is considered to be a frame of an entrance.
יט
צורת פתח האמורה בכל מקום היא אפילו קנה וכיוצא בו מכאן וקנה מכאן וקנה על גביהן. גובה שני הלחיים עשרה טפחים או יתר והקנה וכיוצא בו שעל גביהן אף על פי שאינו נוגע בשני הלחיים אלא יש ביניהן כמה אמות הואיל וגובה הלחיים עשרה הרי זו צורת פתח. וצורת פתח שאמרו צריכה שתהא בריאה לקבל דלת אפילו דלת של קש:
20
When the upright portions of the sides of an entrance that is structured in the form of an arch are ten [handbreadths] high,96 it is considered to be a "frame of an entrance."
כ
פתח שצורתו כיפה אם יש באורך רגלי הכיפה עשרה טפחים הרי זה צורת פתח. וצורת פתח שעשה אותה מן הצד אינה כלום שאין דרך הפתחים להיות בקרן זוית אלא באמצע:
21
כא
בכל עושין מחיצה בין בכלים בין באוכלים בין באדם אפילו בבהמה ושאר מיני חיה ועוף והוא שיהיו כפותים כדי שלא ינודו:
22
A partition that arises on its own accord103 is acceptable. Similarly, a partition that is erected on the Sabbath is considered to be a partition.104 If it is constructed unintentionally, carrying within [the enclosed area] is permitted on that Sabbath,105provided it is not constructed with the knowledge of those who carry within.
If, however, a person intends that a partition be erected on the Sabbath, he is forbidden to carry within [the enclosure] on that Sabbath, even though the person who actually constructed the partition did not do so with the intent of violating [the Sabbath laws].106 Similarly, if [a partition] is erected with a conscious intent to violate [the Sabbath laws], it is forbidden to carry within [the enclosure]107 even if [the person who erected the structure] did not intend to carry within it.
כב
מחיצה העומדת מאליה הרי זו כשרה. ומחיצה הנעשית בשבת הרי זו מחיצה. ואם נעשית בשגגה מותר לטלטל בה באותה שבת. והוא שתעשה שלא לדעת המטלטל. אבל אם נתכוין אדם לזו המחיצה שתעשה בשבת כדי לטלטל בה אע"פ שעשה אותה העושה בשגגה אסור לטלטל בה באותה שבת. וכן אם נעשית במזיד אף על פי שלא נתכוין זה לטלטל בה הרי זה אסור לטלטל בה:
23
It is permitted to erect a human partition on the Sabbath - i.e., people standing next to each other108 - provided that the people whose bodies form the partition do not know that they are standing there for that purpose.109 Nor may the person who desires to use this enclosure be the one who has them stand there.110 Instead, another person should have them stand there without the knowledge of [the person who will benefit from the enclosure].111
כג
מותר לעשות מחיצה של בני אדם בשבת שיעמוד זה בצד זה ובלבד שלא ידעו אלו העומדין שבשביל לעשותן מחיצה העמידן. ולא יעמיד אותן אדם שהוא רוצה להשתמש במחיצה זו אלא יעמיד אותן אחר שלא לדעתו:
24
The branches of a tree which hang downward and which reach within three handbreadths of the earth [may serve as an enclosure].112 One should place straw, stubble, and the like between the branches and the leaves, and should tie them to the earth so that they will stand firmly and not flutter in the face of an ordinary wind.113 [When this is done,] one may carry under the entire [tree].
[The above applies] when there is less than the space [necessary to sow] two seah [of grain beneath the tree]. If, however, the area [below the tree] is larger than that, we are allowed to carry only within four cubits [in this space], since the space beneath [the tree] was enclosed for purposes other than dwelling.114
כד
אילן שהוא מיסך על הארץ אם אין נופו גבוה מן הארץ שלשה טפחים ממלא בין בדיו ועליו תבן וקש וכיוצא בהן וקושרן בארץ עד שיעמוד ברוח מצויה ולא יתנדנד ומטלטל תחת כולו. והוא שיהיו תחתיו עד בית סאתים. אבל אם היה יתר מבית סאתים אין מטלטלין תחתיו אלא בארבע אמות מפני שתחתיו מקום שלא הוקף לדירה הוא
FOOTNOTES
1.
The majority of this chapter is devoted to an explanation of the laws pertaining to a karpef, a large area that is enclosed by four walls, but these walls were not constructed for the purpose of habitation.
Since this area is enclosed by four walls, it is considered a private domain according to Torah law. Therefore, one is liable for transferring articles to and from it. Nevertheless, as the Rambam c ontinues, the Rabbis imposed certain restrictions on carrying within this space for the reasons mentioned below. We are, however, allowed to carry within an area enclosed for the purpose of habitation regardless of how large it is (Rambam's Commentary on the Mishnah, Eruvin 2:5).
2.
The size of this space is defined in Halachah 3.
3.
Since this is a large space in which there are no inhabitants, it appears to resemble a public domain or a carmelit. Accordingly, the Sages placed certain restrictions on carrying within it, lest one err and carry in the public domain as well (Shulchan Aruch HaRav 358:1).
4.
A surface four handbreadths by four handbreadths that is elevated ten handbreadths above the ground is considered to be a private domain.
5.
I.e., although it is a private domain according to Torah law, our Sages forbade carrying upon it for the reasons explained in the previous halachah.
6.
Although one is allowed to carry from one carmelit to another, one may not carry more than a total of four cubits.
7.
If it is less than four handbreadths by four handbreadths, it is a makom patur, and there is no difficulty in carrying from it to the sea or from the sea to it.
8.
A rock that is this high above the sea and this size is considered to be a private domain.
9.
Although our Sages generally forbade transferring an article from a private domain to a carmelit, since this is a very unusual circumstance they did not include it in their decree.
10.
Eruvin 23b identifies the area in which two seah of grain can be sown with the courtyard of the Sanctuary in the desert, which was 100 cubits by 50 cubits.
The Shulchan Aruch HaRav explains the significance of this concept. All of the prohibitions against labor on the Sabbath are derived from the Sanctuary. The courtyard of the Sanctuary was a large area which was enclosed for purposes other than habitation. Nevertheless, it was permitted to carry within it. Therefore, when the Sages prohibited carrying in large areas that were enclosed for purposes other than habitation, they used the size of the courtyard of the Sanctuary as the lower limit.
11.
Here we see a contrast to the measures of four handbreadths by four handbreadths or four cubits by four cubits, where the intent is a square or a larger area in which such a square could be inscribed.
12.
In his Commentary on the Mishnah (Eruvin2:5), the Rambam states that the square is approximately 70 cubits and five sevenths of a cubit by 70 cubits and five sevenths of a cubit, but that there is no perfect square root for the number 5000.
13.
This is obvious from the connection to the courtyard of the Sanctuary, which, as mentioned, was a rectangle and not a square.
14.
Note the Rambam's explanation of the difference in opinion between Rabbi Yosse and Rabbi Eliezer, in his Commentary on the Mishnah (Eruvin 2:5). On the basis of this explanation, it would appear that his conception of the Mishnah is closer to that of Tosafot, Eruvin 23b than to that of Rashi (loc. cit.).
15.
As in a carmelit.
16.
Hence, when such an open area does not resemble the courtyard of the Sanctuary, the leniency does not apply.
17.
Once this extent of a wall has been broken down, it is considered as if the entire wall is no longer of significance as indicated in Halachah 16.
18.
When one re-encloses the wall, it is considered as if the entire enclosure has been made for the purpose of habitation. Therefore, the area is considered to be an ordinary private domain, and one is allowed to carry within without restriction.
The Maggid Mishneh questions the Rambam's statements on the basis of those of Rashi, Eruvin 24a, which state that the intent to use the enclosure for habitation is not sufficient. There must be a house that opens up to the enclosure.
The Merkevet HaMishneh states that, according to the Rambam, "habitation" does not necessarily mean "human habitation." Therefore, the intent could be to use the enclosure as a corral for animals or the like. Rav Kapach cites the Rambam's Commentary on the Mishnah (Eruvin 2:5), from which it appears that as long as there is a storage vat in the enclosure, it is considered as "enclosed for the purpose of habitation," although it does not contain a house or lead to a house.
Thus according to the Rambam, "everything depends on the person's intention." If he encloses the area for the sake of habitation, he is allowed to carry freely within it. Why is this leniency granted? Because the prohibition against carrying within such an area is Rabbinic in origin, and the Sages enforced this stringency only when a person's intent was not for the sake of habitation, for then the enclosure resembles a public domain. The Shulchan Aruch (Orach Chayim 358:2), however, follows Rashi's view, that a house is required within the enclosure or the enclosure must lead to a home.
19.
Since the entire enclosure was never opened up for ten cubits at one time, one might assume that the original enclosure was never nullified. Nevertheless, since ultimately a span of ten cubits was constructed, the enclosure is considered as פנים חדשות, "a new entity" (Shulchan Aruch HaRav 358:8). Note a parallel ruling in Hilchot Kellim 6:2.
20.
A mil is approximately a kilometer in contemporary measure.
21.
Although the area was enclosed for the purpose of habitation originally, since it is large and the person sowed produce within the majority of its space, it is clear that he considers it to be a commercial field or garden. It is not common for people to dwell in such a place (Rashi, Eruvin 23b).
22.
I.e., one may carry only within a square of four cubits even in the portion of the enclosure where the produce was not sown, because there is no barrier enclosing the area on the side that faces the portion where the produce has been sown (Maggid Mishneh). Alternatively, the portion in which the produce was not sown is considered to be a secondary part of the entire field in which it is forbidden to carry (Rashi, Eruvin24a).
23.
Obviously, if produce was sown in a smaller portion of the enclosure, the same leniency applies. The portion of a field necessary to sow two seah of grain is the upper limit.
24.
In such an instance, the portion of the enclosure in which produce was sown is considered like a private garden a person has in his yard.
It must be noted that in this instance, the Shulchan Aruch (Orach Chayim 358:10, following the opinion of Rabbenu Asher) is more stringent than the Rambam and forbids carrying an article from the garden to the house.
25.
Since the produce was planted in such a large area, it is considered like a commercial garden or field.
26.
In this instance, the commentaries quote the opinion of the Maggid Mishnehmentioned above: that the portion of the enclosure facing the side where the produce has been sown is not considered to be enclosed.
The Turei Zahav 358:6 is more lenient and explains that since according to the Torah, one could carry within the entire enclosure, even according to Rabbinic law one should be allowed to carry within the portion where produce was not sown. His opinion is not, however, accepted by the later authorities.
27.
The Mishnah Berurah 358:63 states that this ruling applies even when one planted trees throughout the entire enclosure.
28.
It is a common practice to plant trees in one's yard for shade. Hence, planting them is not considered to be a sign that one no longer considers the enclosure to be intended for the purpose of habitation.
29.
The Rashba states that this applies when the water is ten handbreadths or more deep. If it is shallower than that, there are no restrictions on carrying within the enclosure. Although Sefer HaBatim differs with this interpretation, the Rashba's ruling is accepted by the Shulchan Aruch (Orach Chayim 358:11).
30.
Rashi (Eruvin, loc. cit.) states that the water must be fit to drink. The Rashba and other Sephardic authorities state that it is sufficient that the water be fit for laundry and the like. This appears to be the Rambam's view. Although the Shulchan Aruch (loc. cit.) quotes Rashi's view, Sha'ar HaTziyun 358:81 states that one may rely on the Rashba's ruling.
31.
For, indeed, it is an advantage to have a source of water near one's home. Hence, the water does not nullify the enclosure (Rashi, loc. cit.).
32.
From the gloss of the Magen Avraham358:15, it appears that if the area in which the water is collected is set off from the enclosure as a whole because its height descends abruptly, we may carry within the remainder of the enclosure.
33.
The Maggid Mishneh explains that according to the Rambam's interpretation of Eruvin 25a, this refers to a roof that is open on all sides, which the watchmen in a garden construct for shade. The Rashba interprets that passage as referring to a roof with two proper walls that are joined at one corner. Rabbenu Chanan'el's interpretation of that passage also indicates that the sides of the covered area are entirely open.
34.
Note the Kessef Mishneh and the Shulchan Aruch (Orach Chayim 358:12), where Rabbi Yosef Karo states that this principle applies even when the roof is sloped. Generally, the principle, "The edge of the roof is considered to descend and close off," does not apply with regard to a sloped roof. Nevertheless, since according to the Torah itself, it is permitted to carry within this enclosure, leniency is allowed. (Compare also to Chapter 17, Halachah 35.)
It must be emphasized that according to the Maggid Mishneh's understanding of the Rambam's rulings (see note 33), this entire matter is extraneous.
35.
Thus, the remainder of the enclosure is not larger than the space necessary to sow two seah of grain. Hence, there are no restrictions against carrying within it.
36.
This represents the Rambam's interpretation of a passage in Eruvin 25b. Although Rabbenu Chanan'el and Rav Zerachiah HaLevi interpret the passage in this manner, the Ra'avad, Rashi, the Rashba and others follow a slightly different version of the text, and therefore interpret the passage differently. Their interpretation is quoted in the Shulchan Aruch (Orach Chayim 358:13).
37.
According to the Maggid Mishneh (and seemingly, also according to Rabbenu Chanan'el), both openings are no more than ten cubits wide. Otherwise, it would be forbidden to carry within the courtyard.
38.
The Maggid Mishneh and others explain that the Rambam is referring to a T-shaped area in which the enclosure opens up to the courtyard, which extends on either side. The enclosure is not considered part of the courtyard, nor is the courtyard considered part of the enclosure, and the laws that originally applied to both areas continue to apply.
According to the Maggid Mishneh, this clause is not a continuation of the first clause of this halachah, but rather a separate concept in its own right. Rav Kapach, however, notes that both the Talmud (Eruvin, loc. cit.) and the Rambam link this and the previous clause together. On this basis, he follows the interpretation of Rabbenu Chanan'el, which states that the unroofed area of the enclosure was originally not larger than the space for two seah of grain to be sown within it. Therefore, we were permitted to carry within it. When, however, the wall connecting it to the courtyard was torn down, the open space was increased and became larger than the space for two seahof grain to be sown within it. Hence, it became forbidden to carry within it.
39.
I.e., we do not say that the enclosure becomes considered as an extension of the courtyard.
40.
So that one will be able to carry within it.
41.
Since it is common to plant trees in such enclosures, even when the trees are ten handbreadths high and four handbreadths by four handbreadths in area (at which point they are considered to be a separate domain in certain contexts), they do not reduce the size of the enclosure (Maggid Mishneh in the name of the Rashba).
42.
Rashi interprets Eruvin 25a, the source for this halachah, as referring to a pillar of this size, whether it is in the middle of the enclosure or next to the wall. Rashi's interpretation is followed by the Shulchan Aruch (Orach Chayim 358:5).
43.
Thus, if the area of the enclosure minus the area of the pillar is less than 5000 square cubits, one is allowed to carry within it.
44.
Based on the principle of l'vud, the pillar is not considered to be an independent entity, but rather an extension of the wall. Therefore, although in practice, the open space within the enclosure has been reduced in size, this reduction is not considered as halachically significant.
45.
I.e., the size of the enclosure is calculated from the new partitions. If it is less than 5000 square cubits, one may carry within. It must be noted that, with regard to this clause as well, Rashi interprets the Talmudic passage differently, explaining that the new partition is erected to enclose the area for the purpose of habitation. His interpretation is accepted by the Shulchan Aruch (loc. cit.:6).
46.
Because of the principle of l'vud.
The Maggid Mishneh questions this ruling on the basis of the first clause of the following halachah, which states, "If one applies cement to the wall, one reduces [the size of the enclosure]." Since the cement reduces the size of the enclosure, even though it actually becomes part of the wall, one could surely assume that a new partition would reduce the size of the wall although it is considered part of the wall because of the principle of l'vud.
The Maggid Mishneh explains that since the partition is halachically insignificant, it cannot take the place of the previous wall. Hence, it is not considered to reduce the size of the enclosure. In contrast, the cement adds on to the size of the previous wall, and the space it takes up is subtracted from the open space of the enclosure.
47.
I.e., if the entire space taken up by the cement that is added to the wall is sufficient to reduce the size of the enclosure to less than 5000 square cubits, one may carry within the enclosure.
48.
In this instance as well, the Ra'avad differs with the Rambam. Based on his interpretation of Eruvin 25a, the cement is counted only when it is substantial enough to stand on it is own if the original wall was removed. Although the Shulchan Aruch(Orach Chayim 358:7) follows the Ra'avad's view, the Mishnah Berurah 358:55 states that the Rambam's opinion may be relied upon in time of need.
49.
We are speaking about a mound ten handbreadths high which is considered as set apart as a separate domain. Since the area is being surrounded by a partition that is constructed for the purpose of dwelling, one might think that it would be permissible to carry within the enclosure. Nevertheless, this is forbidden for the reason stated by the Rambam.
50.
Since the mound, the original dividing point for the enclosure, is still standing, the new walls built are not considered significant.
51.
As mentioned in the previous clause, as long as the original wall is visible, the new wall is of no consequence.
52.
And less than ten handbreadths of the original wall extends above the ground (Mishneh Berurah 358:57).
53.
Our translation is based on the Mishnah Berurah 359:1, which states that in Talmudic times there would be yards both in front and behind the homes. A yard in front of a home was referred to as a חצר. These were frequently used by the people of that era and mentioned often in the Talmud. A yard behind a home was referred to as a רחבה, a term used comparatively rarely in the Talmud. These yards were used infrequently by people of that era.
54.
As apparent from the following clause, this applies when the yard was enclosed before an entrance leading to one of the homes was opened.
The Ramah (Orach Chayim 359:1) rules that the restriction mentioned in this law does not apply at present, since it has become customary to use our back yards. Hence, we assume that they were enclosed for the purpose of habitation.
55.
Eruvin 24a states that this leniency applies even when a portion of the yard is used as a threshing floor. Since the person enclosed the area after opening an entrance to his home, we assume that the yard's primary purpose is to serve the home.
56.
The yard is larger than 5000 square meters and was enclosed for purposes other than habitation (Rashi, Eruvin 24b).
57.
The Rambam's decision is based on the description of such a yard in Eruvin 24b.
58.
Using a post, a lechi, as a divider is discussed in Chapter 17, Halachot 2 and 9.
As the Rambam mentions there, the post is considered as a fourth wall. In this instance, by erecting the post, one will be considered as erecting a new wall to enclose the yard for the sake of habitation (Rashi, loc. cit.).
59.
This refers to a city surrounded by a wall, which is considered to be a private domain.
60.
This refers even to an inferior partition, such as those mentioned in Halachah 18. Rashi (Eruvin 16b, the source for this halachah) states that the restrictions of this law apply only when the enclosure uses such an inferior partition. If a proper partition is erected, one may carry within the entire enclosure, since the enclosure was erected for the purpose of habitation. Note the Merkevet HaMishneh, who emphasizes that the Rambam does not accept this leniency.
The wording of the Shulchan Aruch and the Beit Yosef (Orach Chayim 360:1) appears to concur with Rashi's view. The later authorities also accept his ruling.
61.
Since the area is so large and it is enclosed only for a temporary period, the Sages placed restrictions on carrying within it.
It must, however, be emphasized that according to Torah law, the enclosure is considered a private domain. Accordingly, a person who carries from it to a public domain or from a public domain to it is liable (Shulchan Aruch HaRav 360:1; Mishnah Berurah 360:5).
62.
With this term, the Rambam excludes a gentile. The Ramah (loc. cit.) also rules that a gentile may not be included in a caravan.
63.
According to Torah law, such an area is a private domain. The Rabbis did not place any restrictions upon it, because it has - albeit temporarily - been enclosed for the purpose of habitation.
64.
See Shulchan Aruch HaRav 360:2, which mentions that it is acceptable if the land is used for pasture.
65.
Since the enclosure includes such a large empty space, our Sages forbade carrying within it.
Based on the Mordechai, the Shulchan Aruch mentions a further leniency: If three people spend the Sabbath in an enclosure whose area is less than 18,000 square cubits, they are allowed to carry without restriction. The rationale is: Each individual is granted 5000 square cubits. Thus, there are less than 5000 square cubits that are not accounted for. This leniency is not, however, accepted by the other authorities.
66.
The Jerusalem Talmud (Eruvin 1:10) does not resolve the question whether or not to count a child as a member of the caravan. In his Beit Yosef (loc. cit.), Rav Yosef Karo questions the Rambam's decision, for generally we follow the rule that when a doubt exists pertaining to a question of Rabbinic law, the more lenient view should be followed. Accordingly, he does not mention the matter in his Shulchan Aruch. The Ramah cites the Rambam's view, but prefaces it with the phrase "There are those who maintain," which implies that the opinion cited is not accepted universally.
67.
I.e., greater than 5000 square cubits.
68.
This leniency applies only on the Sabbath on which the person dies. On the following Sabbath, they are forbidden to carry unless they are joined by a third individual.
69.
See a further expression of this principle in Hilchot Eruvin 3:25.
70.
I.e., the middle enclosure does not have a wall, but is totally open on either side (Shulchan Aruch, Orach Chayim 360:3). The Shulchan Aruch, however, follows the interpretation of the Ritba, who requires the walls of the narrow courtyard to enter into the space of the wider courtyard. The Rambam, however, does not appear to make such a requirement.
71.
Since the individuals in each of the outer courtyards are considered as sharing the space of the middle courtyard.
72.
I.e., they may carry freely from one enclosure to another. Note the Shulchan Aruch (loc. cit.), which states that they must make an eruv to join their respective enclosures together. Similarly, the Shulchan Aruch mentions a more restrictive opinion, which allows the individuals to carry freely only when the outer enclosures are less than 5000 square cubits in size.
73.
I.e., the outer enclosures are considered to be distinct entities without any connection to each other. Thus it is not considered as if three people are spending the Sabbath in the same place.
74.
The bracketed additions are based on the commentary of Rashi (Eruvin 93a, the source for this halachah) and the Shulchan Aruch (loc. cit.).
75.
In both of these instances, three individuals share a single portion of space. Therefore, they are allowed to carry freely from one enclosure to another.
76.
In this halachah, the Rambam begins to describe the rules that govern the walls that enclose a private domain. The concepts he mentions are also relevant to the laws of sukkah and other contexts within Jewish law.
77.
I.e., it is as if the partition were not there. See notes below.
Rashi, Sukkah 24b, states that this applies not only when the wall will fall because of the wind, but also to a cloth wall that will blow back and forth. From Halachah 24, it appears that this ruling is also accepted by the Rambam. It is quoted by the Shulchan Aruch (Orach Chayim 362:1 and 630:10).
78.
Our translation follows Rabbenu Chanan'el's text of Eruvin 26a. According to this interpretation, our Sages are teaching us that a partition must be constructed in a firm and sturdy fashion. (See also the interpretation of the term in the Aruch.) See also Halachah 12 and notes.
The Ra'avad, Rashi, and others follow a different text of the Talmud, which reads כל מחיצה העשויה לנח ת. According to this interpretation, this refers to a partition erected for storage purposes and not for people to dwell within. This latter view is quoted by the Shulchan Aruch (Orach Chayim 362:1).
79.
The commentaries on Eruvin (loc. cit.) interpret this as a temporary partition that builders construct for shade. (Rav Kapach, however, cites interpretations of the Geonim that interpret the term "for the sake of modesty" literally, to change one's clothes behind.)
Thus, all three partitions mentioned in this halachah share the same drawback; they are not constructed in a lasting or sturdy manner.
In his gloss on this halachah, the Maggid Mishneh quotes the Rashba, who mentions that since all these partitions are valid according to Torah law, the expression "they are not partitions" must be interpreted as follows: They are not partitions constructed for the purpose of habitation. Therefore, if an area larger than 5000 square cubits is enclosed with such a partition, it is forbidden to carry within. If, however, an area less than 5000 square cubits is enclosed by such a partition, one may carry within. This opinion is quoted by the Tur and the Shulchan Aruch (loc. cit.).
The Lechem Mishneh, the Beit Yosef(Orach Chayim 362) and others maintain that the Rambam does not accept the Rashba's view. Kinat Eliyahu, however, notes that the fact that the Rambam mentions these laws directly after the laws concerning a karpef may have been intended to allude to the Rashba's concept.
80.
The Maggid Mishneh interprets the phrase "it is not a complete partition" to mean: It is not a partition significant enough to cause an enclosure to be considered to be a private domain. It may, however, cause an enclosure to be considered to be a carmelit.
81.
Our translation is based on the gloss of the Maggid Mishneh, which is quoted by the Shulchan Aruch (Orach Chayim 362:2).
See also the interpretation of Rabbenu Chanan'el to Eruvin 93b, which interprets it as a "rock." From a halachic perspective, these interpretations are not mutually exclusive. See Chapter 15, Halachah 9.
82.
I.e., if a wall includes open spaces, the area that is open may not exceed the area that is enclosed. As mentioned in the following halachah, this refers to open spaces that are larger than three handbreadths wide. As the Rambam states in Halachah 18, this refers to spaces in the horizontal as well as the vertical portion of the wall.
83.
I.e., when there is an open space larger than ten cubits wide, the entire partition is nullified.
84.
As long as the opening is ten cubits wide or less, there is no need to enclose it with a frame of an entrance. It is commonplace for a wall to have an entrance that is less than ten cubits wide without a frame.
85.
The Rambam explains the structure of a frame of an entrance (tzurat hapetach) in Halachah 19.
86.
I.e., by erecting the frame of an entrance, one enables a partition to be considered acceptable despite the fact that it has an opening that is larger than ten cubits.
87.
This ruling represents a point of difference between the Rambam and most other authorities. According to the Rambam, although the frame of an entrance enables an opening larger than ten cubits to be accepted, the opening is still considered an open space. Accordingly, if the total amount of open space on any one side of a partition exceeds the closed space, the partition is unacceptable, even though portions of the open space possess a frame of an entrance.
Many authorities (e.g., the Rashba and Tosafot, Eruvin 11a) differ and maintain that once a frame of an entrance is constructed, the space below it is deemed closed and should be considered as such when calculating whether the enclosed portion of a partition exceeds its open area. The opinion of these authorities is accepted by the Shulchan Aruch (Orach Chayim362:10). Nevertheless, Shulchan Aruch HaRav 362:19 and the Mishnah Berurah362:59 state that it is proper to be stringent and follow the Rambam's ruling.
Rabbenu Asher cites the Jerusalem Talmud (Eruvin 1:9) and Kilayim 4:2 as the source for the Rambam's ruling. (See also Hilchot Shofar V'Sukkah V'Lulav 4:12, where the Rambam accepts a more lenient view regarding the walls of a sukkah. Note also the glosses of the Kessef Mishneh and the Maggid Mishneh there.)
See also the commentary of Rav Kapach, who advances an interpretation of the Rambam's statements here and in his Commentary on the Mishnah (Eruvin 1:8) that maintains that the Rambam follows the view advanced by the Rashba. Even those who reject this interpretation in most instances are forced to accept it with regard to the third side of an alley, as stated in Chapter 17, Halachah 3. (Note also Chapter 17, Halachah 27.)
The difference between the Rambam's ruling and that of the other authorities is particularly relevant in contemporary communities that permit carrying because of an eruv. Most of these communities are enclosed, not by a proper wall, but by a series of "frames of an entrance" constructed using telephone poles and the like. According to the Rambam, these enclosures are not acceptable. Indeed, this is one of the reasons why the carefully observant refrain from carrying in these communities.
88.
More precisely, the same ruling applies if some of the spaces are wider than three handbreadths, as long as the size of the total of the open spaces wider than three handbreadths does not exceed the remainder of the partition.
89.
As the Rambam continues, a partition of reeds will generally be constructed by implanting them upright in the ground, one near the other. As long as the reeds are not three handbreadths apart, the partition is acceptable even if there are no reeds that run horizontally.
90.
Generally, a partition of ropes will be constructed by stretching them from one post to another. As long as the ropes are not three handbreadths apart, the partition is acceptable, even if there are no ropes that run vertically.
91.
In the Introduction to his Commentary on the Mishnah, the Rambam defines the Hebrew term halachah l'Mosheh miSinai as referring to laws that have no obvious source in the Written Torah, yet have been accepted throughout the centuries as an integral part of the Torah tradition.
92.
As the Shulchan Aruch (Orach Chayim362:11) emphasizes, the reed must be placed exactly above the two side posts. It is not acceptable for it to be attached to their sides, for then it does not resemble the lintel of a doorway.
93.
In his gloss on this halachah, Rabbi Akiva Eiger explains that this is acceptable because of the principle gud asik - i.e., the posts at the side are considered to be extended until they reach the crossbar. Based on this rationale, it follows that the two posts need not be of the same height. Even if one is higher than the other, they may still be considered as part of the same frame of an entrance. (Note also the application of this principle in Hilchot Sukkah 4:2.)
94.
According to the Shulchan Aruch (loc. cit.), this refers to the posts on the side. The crossbar above need not be sturdy at all.
95.
The Rambam's decision is based on Eruvin11b. His ruling, however, has aroused questions. The passage cited also mentions opinions that require the post to have a hinge for the door on at least one side. Although there are authorities who also accept the latter requirement, the Shulchan Aruch (loc. cit.) follows the Rambam's view.
96.
I.e., the circular portion of the arch is not counted in the calculation of the entrance's height.
The commentaries draw attention to the Rambam's decision in Hilchot Mezuzah 6:4, where he also requires an arched doorway to have doorposts ten handbreadths high in addition to the arch, for the doorway to need a mezuzah. There is, however, a difference - and somewhat of a divergence - between the rationales the Rambam gives in both sources.
97.
I.e., there is an opening of more than ten cubits at the corner where two walls would merge if they were continued. Even if one constructs a frame of an entrance at this opening, it is not acceptable. (See the Rambam's Commentary on the Mishnah, Eruvin 9:3.)
It must be noted that in their commentaries on Eruvin 11b, the source for this halachah, Rashi and the Rashba interpret the passage as referring, not to an entrance constructed at the corner of a wall, but to a lintel, projecting from the side of a doorpost. As mentioned in Halachah 19, the requirement for a frame of an entrance is for the lintel to be above the door posts and not projecting from their sides (Kessef Mishneh).
98.
Note Chapter 17, Halachah 35, which mentions another law based on this same principle.
99.
See parallels in Chapter 17, Halachah 12, and Hilchot Sukkah 4:16.
100.
Unlike the animals that the Rambam proceeds to mention, a human being need not be bound, as is obvious from Halachah 23.
101.
If the animal is standing and there are three handbreadths b etween the animal's body and the ground, that space must be filled with other substances (Shulchan Aruch HaRav 362:12).
102.
Note that in Hilchot Sukkot (loc. cit.), the Rambam does not require that animals be bound when they serve as part of a wall. The Shulchan Aruch (Orach Chayim630:11) states that the animals must be bound even when used for the purpose of a sukkah's wall.
103.
The Shulchan Aruch (Orach Chayim362:3) explains this as referring to a structure that was not built with the intent of enclosing an area, but accomplished that purpose nonetheless.
104.
I.e., in all instances, the partition is considered valid, and the enclosure is considered a private domain. Therefore, a person who transfers an article into this enclosure from the public domain is liable. Our Sages, however, placed certain restrictions on carrying within such an enclosure, as the Rambam continues to explain.
105.
I.e., the person who constructed the partition did so without knowing that it was the Sabbath or without knowing that it is forbidden to build on the Sabbath (Mishnah Berurah 362:18).
106.
According to the Chemed Mosheh, this refers to a situation in which one person had another construct an enclosure for the former to carry within on the Sabbath. Although the person who actually constructed the enclosure did not intend to violate the Sabbath laws, the person for whom he performed the labor desired that such a violation take place. Hence, that person is prohibited from carrying within. This explanation resolves the question raised by the Rashba that is quoted by the Maggid Mishneh.
107.
As mentioned in the notes on Chapter 6, Halachah 23, when a Jew intentionally performs a forbidden labor on the Sabbath, it is forbidden for other Jews to benefit from that labor on that Sabbath itself. The person who performed the labor, by contrast, is never permitted to benefit from it. Thus, in this instance, he would be forbidden from ever carrying within this enclosure on the Sabbath. (See Or Sameach.)
Note the Shulchan Aruch (loc. cit.), which states that if a partition had been standing before the Sabbath, it was removed on the Sabbath and then reconstructed on the Sabbath, it is permitted to carry within the enclosure. This applies even if the partition was rebuilt intentionally on the Sabbath. The Mishnah Berurah 362:26, however, cites authorities that do not accept this leniency.
108.
I.e., within three handbreadths of each other (Shulchan Aruch, Orach Chayim362:5). Note the Bayit Chadash (Orach Chayim 362) and the Be'ur Halachah 362, which question why the people may not be even further separated.
109.
Although constructing a partition of this nature is not considered as building, it is still forbidden for the people who stand there to have in mind that their bodies serve as an enclosure, lest they come to treat the Sabbath prohibitions lightly (Mishnah Berurah 362:39).
110.
The Rashba differs with this ruling and maintains that there is no difficulty if the person who desires to use the enclosure has the people stand there. According to his opinion, the only difficulty is when the people forming the partition have such an intent. The Shulchan Aruch (Orach Chayim362:7) prefaces the quotation of the Rambam's ruling with the words, "There is one who says," which implies that it is not accepted by all. Similarly, the later authorities do not obligate compliance with this stringency.
Significantly, when discussing the use of human beings as part of the wall of a sukkah on the holiday, the Rambam (Hilchot Sukkah 4:16) states that the people serving as the wall may not know that their bodies are being used in that capacity, but the person sitting in the sukkah may have that intent.
111.
Note the Ramah (Orach Chayim 362:7), who states that the leniency of using human beings to form an enclosure on the Sabbath should be employed only in a very extreme situation. He maintains that it is preferable to have a child bring in an article from the public domain without making an enclosure, rather than to have an adult carry the article in within an enclosure consisting of human beings. Although the later authorities raise questions regarding employing a child for this purpose, they accept the Ramah's hesitation about using an enclosure of human bodies.
112.
For this rule to apply, there must be a place four handbreadths by four handbreadths in area and ten handbreadths high beneath the tree. Otherwise, the space is considered as a carmelit (Shulchan Aruch HaRav 362:2; Mishnah Berurah 362:5).
113.
See Halachah 15. (See also Hilchot Sukkah 4:5, where the Rambam mentions similar concepts with regard to using a tree as a wall for a sukkah.)
114.
As mentioned at the beginning of the chapter, when an area was enclosed for purposes other than habitation, one may not carry within it, if it is larger than the space necessary to sow two seah of grain - i.e., 5000 square cubits.
Shabbat - Chapter Seventeen
1
א
א
מבוי שיש לו שלשה כתלים הוא הנקרא מבוי סתום. ומבוי שיש לו שני כתלים בלבד זה כנגד זה והעם נכנסין ברוח זו ויוצאין בשכנגדה הוא הנקרא מבוי המפולש:
2
What must be done to allow people to carry within a closed lane?3 We should erect one pole4 at the fourth side or extend a beam above it;5 this is sufficient.6The beam or the pole is considered to have enclosed the fourth side, making it [equivalent to] a private domain.7 
Thus, carrying is permitted within it.
Thus, carrying is permitted within it.
According to Torah law, one is permitted to carry [within an area enclosed] by three partitions.8 [The requirement to enclose the] fourth side is Rabbinic [in origin]. Therefore, it is sufficient to erect a pole or a beam.
ב
היאך מתירין מבוי הסתום. עושה לו ברוח רביעית לחי אחד או עושה עליו קורה ודיו. ותחשב אותה קורה או אותו לחי כאילו סתם רוח רביעית ויעשה רה"י ויהיה מותר לטלטל בכולו. שדין תורה בשלש מחיצות בלבד מותר לטלטל ומדברי סופרים היא הרוח הרביעית ולפיכך די לה בלחי או קורה:
3
What must be done to allow people to carry within an open lane? A frame of an entrance must be erected at one side and either a pole or a beam must be erected at the other side.9
ג
והיאך מתירין מבוי מפולש. עושה לו צורת פתח מכאן ולחי או קורה מכאן. ומבוי עקום תורתו כמפולש:
4
ד
מבוי שהוא שוה מתוכו ומדרון לרשות הרבים או שוה לרה"ר ומדרון לתוכו אינו צריך לא לחי ולא קורה שהרי הוא מובדל מרה"ר:
5
When one side of a lane ends at the sea and the other side ends at a public garbage dump, there is no need for [further measures to enable carrying to be permitted].14
ה
מבוי שצדו אחד כלה לים וצדו אחד כלה לאשפה של רבים אינו צריך כלום. שאשפה של רבים אינה עשויה להתפנות ואין חוששין שמא יעלה הים שרטון:
6
[The following rules apply to] an open lane that ends in the middle of a yard17belonging to many different people: If [the end of the lane] is not opposite the entrance to the yard,18 it is considered to be closed and does not require any further measures at the side of the yard. If, however, it ends at the sides of the yard, it is forbidden [to carry within the lane].19
Moreover, if the yard belongs to a single individual, it is forbidden [to carry within the lane] even if the lane leads into the middle of the yard. [The rationale for this prohibition is that] at times, [the owner] may build on one of the sides of the yard. [After these improvements have been made,] it is possible that the lane will end at the side of the yard.
ו
מבוי מפולש שהוא כלה לאמצע רחבה של רבים. אם לא היה מכוון כנגד פתח הרחבה הרי זה כסתום ואינו צריך מצד הרחבה כלום. אבל אם היה כלה לצדדי הרחבה אסור. ואם היתה של יחיד אף לאמצעה אסור. פעמים בונה מצד אחד ונמצא כלה לצדה של רחבה:
7
Permission [to carry within] a lane because a pole or a beam was erected is granted only when [the following conditions are met]:20
[several] houses and courtyards open into it;21
it is four cubits long or more;22 and
its length exceeds its width.
If, however, the length23 and the width24 of a lane are equal, it is considered to be a courtyard, and permission [to carry within is granted] only [when one erects] two poles - there is no minimum requirement with regard to their width - one at each of its sides, or one erects a barrier four handbreadths [wide]25 at one side.26
ז
אין המבוי ניתר בלחי או קורה עד שיהיו בתים וחצרות פתוחות לתוכו ויהיה ארכו מארבע אמות ולמעלה ויהיה ארכו יתר על רחבו. אבל מבוי שארכו כרחבו הרי הוא כחצר ואינו ניתר אלא בשני לחיים משני רוחותיו כל לחי במשהו. או בפס רחב ארבעה מרוח אחת:
8
When the length27 of a courtyard exceeds its width, it is considered to be a lane, and [carrying within it] is permitted [only when one erects] a pole or a beam.
ח
חצר שארכה יתר על רחבה הרי היא כמבוי וניתרת בלחי או קורה. ומבוי שאין בתים וחצירות פתוחות לתוכו כגון שלא היה בו אלא בית אחד או חצר אחת וכן מבוי שאין בארכו ארבע אמות אינו ניתר אלא בשני לחיים או בפס ארבעה ומשהו:
9
When a lane is not three handbreadths wide,31 one may carry throughout it; it does not require either a pole or a beam. [This leniency is granted because] an opening less than three handbreadths wide is considered to be an extension of the existing wall.32
When a beam is erected over a lane to make it possible for people to carry within as in a private domain, [the lane is not considered to be a private domain, and] a person who throws an article from it to the public domain or from the public domain into it is not liable. The beam is [there merely] to create a distinction.33
When, by contrast, a pole is erected [to make it possible for people to carry], [the lane is a private domain, and] a person who throws an article from it to the public domain or from the public domain into it, is liable. The pole is considered to be a wall on the fourth side.34
ט
מבוי שאין ברחבו שלשה טפחים אינו צריך לא לחי ולא קורה ומותר לטלטל בכולו. שכל פחות משלשה הרי הוא כלבוד. מבוי' שהכשירו בקורה אף על פי שמותר לטלטל בכולו כרה"י הזורק מתוכו לרה"ר או מרה"ר לתוכו פטור. שהקורה משום היכר היא עשויה. אבל אם הכשירו בלחי הזורק מתוכו לרשות הרבים או מרה"ר לתוכו חייב שהלחי הרי הוא כמחיצה ברוח רביעית:
10
How is it possible to [make it permissible for people to carry] between two walls of the public domain through which people [frequently] pass? One makes gates on both sides,35causing the space between them to be considered to be a private domain.36
[In practice,] the gates need not be locked at night, but they must be fit to lock.37 If they are sunken in the earth, [the earth must be] cleared away and [the gates] adjusted so that they can be locked. The frame of an entrance,38 a pole, or a beam are not sufficient to make it possible for people to carry within a public domain.39
י
שני כותלים ברשות הרבים והעם עוברים ביניהם כיצד מכשיר ביניהם. עושה דלתות מכאן ודלתות מכאן ואחר כך יעשה ביניהם רה"י. ואינו צריך לנעול הדלתות בלילה אבל צריך שיהיו ראויות להנעל. היו משוקעות בעפר מפנה אותן ומתקנן להנעל. אבל צורת פתח או לחי וקורה אינן מועילין בהכשר רה"ר:
11
It is permissible to carry in [the portion of] the lane that is under the beam or opposite the pole.40 When does the above apply? When these structures are constructed near a public domain.
When, by contrast, [a lane is] near a carmelit, it is forbidden to carry in [the portion of] the lane that is under the beam or opposite the pole,41 unless one erects another pole to permit carrying within the entrance.42
[The rationale for this stringency is that according to the Torah, a carmelit is a makom patur. Therefore, when] this entity, [the space opposite the pole or under the beam, which is also a makom patur, is adjacent] to an entity of this type, [the carmelit,] its presence is deemed significant [and it is considered to be an extension of the carmelit].43
יא
מותר לטלטל במבוי תחת הקורה או בין הלחיים. במה דברים אמורים בשהיה סמוך לרה"ר. אבל אם היה סמוך לכרמלית אסור לטלטל תחת הקורה או בין הלחיים עד שיעשה לחי אחר להתיר תוך הפתח שהרי מצא מין את מינו ונעור:
12
A pole may be constructed employing any substance, even a living entity,44 or even an object from which we are forbidden to benefit. [For example, if] a false deity or a tree that is worshiped45 is employed as a pole, it is acceptable.46 [The rationale for this ruling is that] there is no minimum requirement regarding the width of a pole.
The height of the pole may not be less than ten handbreadths.47There is not, however, a minimum requirement for its width and breadth.
יב
בכל עושין לחיים אפילו בדבר שיש בו רוח חיים ואפילו באיסורי הנייה עכומ"ז עצמה או אשרה שעשה אותה לחי כשר שהלחי עוביו כל שהוא. גובה הלחי אין פחות מעשרה טפחים רחבו ועביו כל שהוא:
13
A beam may be constructed employing any substance, with the exception of a tree that has been worshiped.48 [The latter restriction is applied] because there is a minimum measure for the width of a beam, and a tree that has been worshiped is forbidden to be used whenever there is a minimum measure specified.
The width of a beam may be no less than a handbreadth;49 there is, however, no minimum measure for its thickness. Nevertheless, it must be sturdy enough50 to hold a brick51 that is one and a half handbreadths by three handbreadths.52 The supports53 for the beam must be sturdy enough to hold the beam and a brick of the size mentioned above.54
יג
בכל עושין קורה אבל לא באשרה לפי שיש לרוחב הקורה שיעור. וכל השיעורין אסורים מן האשרה. וכן רוחב הקורה אין פחות מטפח ועביה כל שהוא. והוא שתהיה בריאה לקבל אריח שהוא חצי לבינה של שלשה טפחים על שלשה טפחים. ומעמידי קורה צריכין שיהיו בריאין כדי לקבל קורה וחצי לבינה:
14
יד
כמה יהיה פתח המבוי ויהיה די להכשירו בלחי או קורה. גבהו אין פחות מעשרה טפחים ולא יתר על עשרים אמה ורחבו עד עשר אמות. בד"א שלא היה לו צורת פתח. אבל אם היה לו צורת פתח אפילו היה גבוה מאה אמה או פחות מעשרה או רחב מאה אמה הרי זה מותר:
15
Similarly, if the beam over a lane is ornamented or it has designs61 so that everyone looks at it, it is acceptable even if it is more than 20 cubits high.62 A beam serves as a distinguishing factor. Therefore, [generally,] if it is higher than 20 cubits, [it is not acceptable because] it will not be noticed.63 If, however, it is ornamented or if it has designs - since it attracts attention, it serves as a distinguishing factor.
טו
וכן אם היה בקורה של מבוי כיור וציור עד שיהיו הכל מסתכלין בה אע"פ שהיא למעלה מכ' אמה כשרה. שהקורה משום היכר עשויה ואם היתה למעלה מכ' אינה ניכרת ואם יש בה ציור וכיור מסתכלים בה ונמצא שם היכר:
16
When the height of a lane, from the earth until the bottom of the beam is 20 cubits, it is acceptable even though the width of the beam extends higher than 20 [cubits above the ground.]
If the lane is more than 20 cubits high and one desires to reduce its height by placing a beam lower than it,64 
the beam must be a handbreadth wide. If the lane is less than ten handbreadths high, one should dig out a portion that is four cubits by four cubits65 in area, deep enough so that [the walls of the lane will be] a full ten handbreadths [in height].
טזthe beam must be a handbreadth wide. If the lane is less than ten handbreadths high, one should dig out a portion that is four cubits by four cubits65 in area, deep enough so that [the walls of the lane will be] a full ten handbreadths [in height].
מבוי שהיה גובהו מן הארץ עד קרקעית קורה עשרים אמה ועובי הקורה למעלה מעשרים כשר. היה גובהו יתר מעשרים ובא למעטו בקורה שמניח אותה למטה צריך להיות ברוחבה טפח כקורה. היה גובהו פחות מעשרה חוקק בו משך ארבע על ארבע אמות ומעמיק כדי להשלימו לעשרה:
17
[The following rules apply when] an opening is made in the side of a lane,66 near its front:67 If a portion of the wall four handbreadths wide touching the front [wall] remains standing, it is permissible [to carry within the lane],68 provided the opening is not more than ten cubits wide.69
If, however, a portion of the wall four handbreadths wide does not remain, it is forbidden [to carry within the lane]70 unless the opening is less than three handbreadths. [Any opening] less than three handbreadths [is considered to be closed,] based on the principle of l'vud.
יז
נפרץ בו פרצה מצדו כלפי ראשו אם נשאר עומד בראשו פס רוחב ארבעה טפחים מותר והוא שלא תהיה הפרצה יתר על עשר. ואם לא נשאר פס ארבעה אסור אלא א"כ היתה הפרצה פחות משלשה שכל פחות משלשה כלבוד:
18
[The following rules apply when] a lane opens up entirely71 to a courtyard and the courtyard opens up on the opposite side72 to the public domain: it is forbidden [to carry within], because it is like an open lane. It is [however] permissible to carry within the courtyard, for although many people pass through a courtyard - entering from this side and departing from the other - it is still considered a private domain.73
יח
נפרץ המבוי במלואו לחצר ונפרצה חצר כנגדו לרה"ר הרי זה אסור מפני שהוא מבוי מפולש. והחצר מותרת שהחצר שרבים בוקעין בה ונכנסין בזו ויוצאין בזו הרי היא רה"י גמורה:
19
[The following rules apply when] there are several paths leading [from the public domain] to a lane, [merging with it] at different points.74 
Although the entrances are not opposite one another, since they all lead to the public domain, every one is considered to be an open lane.75
Although the entrances are not opposite one another, since they all lead to the public domain, every one is considered to be an open lane.75
What must be done [to make it possible to carry within this lane]? A frame of an entrance should be constructed for each of the paths at one end.76Similarly, [a frame of an entrance should be constructed] at the main entrance [of the lane to the public domain]. At the other side of all the paths, one should construct a pole or a beam.
יט
מבוי שהיו לו שבילים מצד זה ושבילים מצד אחר שנמצאו מפולשין לרה"ר אע"פ שאינן מכוונין זה כנגד זה הרי כל אחד מהן מבוי מפולש. כיצד מכשירין אותו עושה צורת פתח לכל אחד ואחד מן השבילים שבצד האחד. וכן לפתח הגדול ועושה לכל השבילים שבצד השני לחי או קורה:
20
כ
כ
מבוי שצדו אחד ארוך וצדו השני קצר מניח את הקורה כנגד הקצר. העמיד לחי בחצי המבוי הפנימי שהוא לפנים מן הלחי מותר לטלטל בו והחצי החיצון שהוא חוץ מן הלחי אסור:
21
When a lane is twenty cubits wide, [it is possible to enable people to carry within by erecting a pole or a board in the following manner]:82 One may build a wall ten handbreadths high and four cubits long - the latter being the minimum length of a lane - and place [the wall perpendicularly] in the middle [of the entrance]. 
[As such,] it is as if there are two lanes, each with an entrance of ten cubits.83
[As such,] it is as if there are two lanes, each with an entrance of ten cubits.83
Alternatively, one may leave a space of two cubits from [one side of the lane] and set up a wall three cubits long, and [similarly,] leave a space of two cubits [from the other side of the lane] and set up a wall three cubits long. Thus, the opening of the lane will be ten cubits wide,84 and the sides will be considered to be closed, because the enclosed portions exceed the open portions.85
כא
מבוי שהוא רחב עשרים אמה עושה פס גבוה עשרה טפחים במשך ארבע אמות שהוא שיעור משך המבוי ומעמידו באמצע ונמצא בשני מבואות שיש בפתח כל אחד מהן עשר אמות. או מרחיק שתי אמות מכאן ומעמיד פס שלש אמות ומרחיק שתי אמות מכאן ומעמיד פס שלש אמות מכאן ונמצא פתח המבוי עשר אמות והצדדין הרי הן כסתומין שהרי עומד מרובה על הפרוץ:
22
A pole that projects outward from the wall of the lane is acceptable.86[Similarly,] a pole that is standing [at the side of the entrance to a lane] without having been placed there [intentionally]87 is acceptable, provided one has the intent of relying on it before [the commencement of] the Sabbath.88
When a pole can be seen from the inside of a lane but cannot be seen from the outside,89 or conversely, when it can be seen from the outside, but from within the lane appears flush with the wall, it is acceptable as a pole.90
A pole that is lifted three handbreadths above the ground91 or that is more than three handbreadths away from the wall,92 is not at all significant. Anything less than three handbreadths is, however, acceptable, based on the principle of l'vud.
When a pole is very wide - whether its width is less than or equal to half the width of the lane, it is acceptable and is considered to be a pole. If, however, [its width] exceeds half the width of the lane, [it is considered to be a wall and this side is considered to be enclosed], because the enclosed portion exceeds the open portion.93
כב
לחי הבולט מדפנו של מבוי כשר. ולחי העומד מאליו אם סמכו עליו מקודם השבת כשר. ולחי שהוא נראה מבפנים לחי ומבחוץ אינו נראה לחי. או שהיה נראה מבחוץ לחי ומבפנים נראה שהוא שוה וכאילו אין שם לחי. הרי זה נידון משום לחי. לחי שהגביהו מן הקרקע שלשה טפחים או שהפליגו מן הכותל שלשה לא עשה כלום. אבל פחות מג' טפחים כשר שכל פחות משלשה כלבוד. לחי שהיה רחב הרבה. בין שהיה רחבו פחות מחצי רוחב המבוי בין שהיה רחבו כחצי רוחב המבוי כשר ונידון משום לחי. אבל אם היה יתר על חצי רוחב המבוי נידון משום עומד מרובה על הפרוץ:
23
When a mat is spread over a beam, the beam's [function in making it possible to carry within the lane] is nullified, for it is no longer conspicuous.94 [It is possible, however, for it still to be possible to carry within the lane, provided the mat reaches within three handbreadths of the ground.95] If the mat is three handbreadths or more from the ground, it is not considered to be a wall [and carrying is forbidden within the lane].
כג
קורה שפירס עליה מחצלת הרי ביטלה שהרי אינה ניכרת. לפיכך אם היתה המחצלת מסולקת מן הארץ שלשה טפחים או יתר אינה מחיצה. נעץ שתי יתדות בשני כותלי מבוי מבחוץ והניח עליהן הקורה לא עשה כלום. שצריך להיות הקורה על גבי המבוי לא סמוך לו:
24
[The following rules apply when] a beam extends outward from one wall of a lane,98 but does not reach the second wall, or if one beam extends outward from one wall and another beam extends outward from the second wall: If they reach within three [handbreadths] of each other, there is no need to bring another beam.99 If there is more than three handbreadths between them, one must bring another beam.
כד
קורה היוצאה מכותל זה ואינה נוגעת בכותל השני וכן שתי קורות אחת יוצאה מכותל זה ואחת יוצאה מכותל זה ואינן מגיעות זו לזו פחות משלשה אינו צריך להביא קורה אחרת. היה ביניהן שלשה צריך להביא קורה אחרת:
25
Similarly, when two beams are positioned parallel to each other and neither of them is able to support a brick [of the required size],100 there is no need to bring another beam if the two beams can support the brick together.101
If one is on a higher plane and the other is on a lower plane, we see the upper one as if it were lower and the lower one as if it were raised [and thus the two are regarded as though they were on the same plane].102 [This applies] provided the upper board is not higher than 20 cubits high,103 the lower board is not less than ten handbreadths high104 and there would be less than three handbreadths between the two if the upper one were lowered and the lower one were raised until they were parallel to each other on the same plane.105
כה
וכן שתי קורות המתאימות לא בזו כדי לקבל אריח ולא בזו כדי לקבל אריח אם יש בשתיהן כדי לקבל אריח אינו צריך להביא קורה אחרת. היתה אחת למטה ואחת למעלה רואין את העליונה כאילו היא למטה והתחתונה כאילו היא למעלה. ובלבד שלא תהיה עליונה למעלה מעשרים ולא תחתונה למטה מעשרה. ולא יהיה ביניהן שלשה טפחים. כשרואין אותה שירדה זו ועלתה זו בכונה עד שיעשו זו בצד זו:
26
If the beam is crooked, we consider it as if it were straight. If it is rounded,106 we consider it as if it were linear. Thus, if its circumference is three handbreadths, it is a handbreadth in diameter.107
[The following rules apply when] a beam is located in the midst of a lane, but because it is crooked, a portion projects outside the lane, or because it is crooked, a portion projects above twenty [cubits] or below ten [handbreadths] high: We consider the distance that would remain between the two ends of the beam were the crooked portion [which projects outside the desired area] to be removed:108If less than three handbreadths remain, there is no need to bring another beam. If [more remain], another beam is required.
כו
היתה הקורה עקומה רואין אותה כאילו היא פשוטה. עגולה רואין אותה כאילו היא מרובעת. ואם היה בהיקפה שלשה טפחים יש בה רוחב טפח. היתה הקורה בתוך המבוי ועקומה חוץ למבוי. או שהיתה עקומה למעלה מעשרים או למטה מעשרה. רואין כל שאילו ינטל העיקום וישארו שני ראשיה אין בין זה לזה שלשה אינו צריך להביא קורה אחרת. ואם לאו צריך להביא קורה אחרת:
27
When eight walls are positioned at the corners [of a square around] a well,109 two attached [perpendicularly] at each corner, they are considered to be an enclosure. Even though [the length of the] open portion exceeds that of the walls on each of the sides, since [there are walls] standing at all of the corners, it is permitted to draw water from the well and permit an animal to drink.110
כז
באר שעשה לה שמונה פסין מארבע זויות שני פסין דבוקין בכל זוית הרי אלו כמחיצה. ואע"פ שהפרוץ מרובה על העומד בכל רוח ורוח. הואיל וארבע הזויות עומדות הרי זה מותר למלאות מן הבאר ולהשקות לבהמה. וכמה יהיה גובה כל פס מהן עשרה טפחים ורחבו ששה טפחים ובין כל פס לפס כמלוא שתי רבקות של ארבעה ארבעה בקר אחת נכנסת ואחת יוצאה. שיעור רוחב זה אין יתר על שלש עשרה אמה ושליש:
28
[It is not always necessary for this space to have actual walls positioned at its corners]. If at one of the corners, or at all four of the corners, there is positioned a large stone, a tree, a mound whose incline is more than ten handbreadths within four cubits, or a bundle of reeds, [the following rules apply]: We see whether the article in question has a section one cubit long on either side that is ten handbreadths high when divided [at the corner].113 [If this is true,] it is considered to be two walls positioned at a corner.
When five reeds are erected [around the corner of such a square] with less than three [handbreadths] between each pair of them,114 [the space between them is considered to be closed].115 If there are six handbreadths on one side and six handbreadths on the other side, they are considered to be two walls positioned at a corner.
כח
היה במקום אחד מן הזויות או בכל זוית מארבעתן אבן גדולה או אילן או תל המתלקט עשרה מתוך ארבע אמות או חבילה של קנים. רואין כל שאילו יחלק ויש בו אמה לכאן ואמה לכאן בגובה עשרה נדון משום זוית שיש בה שני פסין. חמשה קנים ואין בין זה לזה שלשה ויש ביניהן ששה טפחים לכאן וששה טפחים לכאן נדונים משום זוית שיש בה שני פסין:
29
It is permissible to bring these four corners closer to the well, provided there is still enough space for the majority of a cow's body to be within these walls when it is drinking.116Although one does not hold the head of the animal together with the vessel from which it is drinking, since there is space for the head [of a cow] and the majority [of its body] within [the square], it is permitted.
[If the square is this size,] it is permissible even for a camel117 [to use] it. If [the square] is smaller, it is forbidden to draw water within [the square], even for a kid whose entire body can enter within.
It is permissible to separate [the walls] from the well as far as one desires, provided that one adds straight walls on every side,118 so that there will never be more than thirteen and one third cubits between each of the two walls.
כט
מותר להקריב ארבע הזויות האלו לבאר. והוא שתהיה פרה ראשה ורובה לפנים מן הפסין ושותה. אע"פ שלא יאחז ראש הבהמה עם הכלי שבו המים הואיל וראשה ורובה בפנים מותר אפילו לגמל. היו קרובים יתר מזה אסור להשקות מהן אפילו לגדי שהוא כולו נכנס לפנים. ומותר להרחיק כל שהוא ובלבד שירבה בפסים פשוטים שמניחין אותן בכל רוח ורוח כדי שלא יהא בין פס לחבירו יותר על שלש עשרה אמה ושליש:
30
[The use of] such walls was permitted only in Eretz Yisrael, and for the sake of the herds119 of the festive pilgrims. Similarly, [this leniency] was granted only with regard to a fresh-water well120 that belongs to the public.121.
In contrast, should a person desire to drink, he should descend to the well and drink, or should make a barrier ten handbreadths high around the wall,122 stand within it, draw water, and drink. If the well is very wide and a man is unable to climb down it, he may draw water and drink within [a structure of] corner walls [as described above].
ל
לא התירו הפסים האלו אלא בארץ ישראל ולבהמת עולי רגלים בלבד והוא שיהיה באר מים חיים של רבים. אבל בשאר ארצות אדם ירד לבאר וישתה או יעשה לו מחיצה מקפת לבאר גבוהה עשרה טפחים ויעמוד בתוכה וידלה וישתה. ואם היה הבאר רחב הרבה שאין אדם יכול לירד בו הרי זה ידלה וישתה בין הפסין:
31
Similarly, it is forbidden to draw water from a cistern that belongs to the public or from a well that belongs to a private individual - even in Eretz Yisrael - unless one constructs a barrier123 ten handbreadths high around them.
לא
וכן בור הרבים ובאר היחיד אפילו בארץ ישראל אין ממלאין מהן אלא אם כן עשו להן מחיצה גבוהה עשרה טפחים:
32
When a person was drawing [water] for his animal that is standing between the walls [of the abovementioned enclosure], he may draw water and place it before [the animal] in the vessel [with which it was drawn].
If the [animal was in] a stall ten handbreadths high and four handbreadths [by four handbreadths] wide, whose front portion projected within such walls, the person should not draw water and place [the vessel] before [the animal].124 [This restriction was instituted] lest the stall be broken and the person carry the bucket into the stall, and from the stall [bring it] to the ground of the public domain.125 Instead, he should draw water, pour it before [his animal], who will drink it itself.
לב
הממלא לבהמתו בין הפסים ממלא ונותן בכלי לפניה. ואם היה אבוס ראשו נכנס לבין הפסים והיה גבוה עשרה ורחב ארבעה לא ימלא ויתן לפניה שמא יתקלקל האבוס ויוציא הדלי לאבוס ומן האבוס לקרקע רה"ר אלא ממלא ושופך והיא שותה מאליה:
33
When a person throws [an article] from the public domain into [a space surrounded by] walls of this nature, he is liable. Since there is an actual wall that is ten [handbreadths] high and more than four [handbreadths] by four [handbreadths] in area in every corner, the square is a definitive and distinct entity.126Hence, the entire [enclosure] is considered to be a private domain.127
[The above applies] even [were such a structure to be built] in a valley where there is no well, for there is a wall on each side of each corner [of the enclosure]. Even if many people pass through the enclosure, the walls are not considered to have been nullified.128[Instead, the enclosure] is considered to be like a courtyard through which many people pass. [All agree that] a person who throws [an object] into [such a courtyard] is liable.129If there is a well located within such an enclosure, [our Sages relaxed some of their restrictions and] permitted drawing water for an animal.
לג
הזורק מרה"ר לבין הפסין חייב הואיל ויש בכל זוית וזוית מחיצה גמורה שיש בה גובה עשרה ויותר מארבעה על ארבעה והרי הרבוע ניכר ונראה ונעשה כל שביניהם רה"י. ואפילו היה בבקעה ואין שם ביניהם באר שהרי בכל רוח ורוח פס מכאן ופס מכאן. ואפילו היו רבים בוקעין ועוברין בין הפסין לא בטלו המחיצות והרי הן כחצרות שהרבים בוקעין בהן והזורק לתוכן חייב. ומותר להשקות הבהמה ביניהן אם היה ביניהן באר.
34
When one end of a courtyard enters between the walls of the abovementioned enclosure, it is permitted to carry from [the courtyard] into the enclosure and from the enclosure into [the courtyard].130 When [portions of] two courtyards enter between the walls of the abovementioned enclosure, it is forbidden to carry [from the enclosure to the courtyards and from the courtyard to the enclosure] unless an eruv is made.131
If the well dries up on the Sabbath, it is forbidden to carry between the walls [of the enclosure].132 [Our Sages133] considered these walls to be an acceptable enclosure to allow [people] to carry within, only because of the water. If the well begins to flow with water on the Sabbath,134 it is permitted to carry within [the enclosure], for an enclosure that is established on the Sabbath is an [acceptable] enclosure.135
לד
חצר שראשה אחד נכנס לבין הפסין מותר לטלטל מתוכה לבין הפסין ומבין הפסין לתוכה. היו שתי חצירות אסורין עד שיערבו. יבשו המים בשבת אסור לטלטל בין הפסין שלא נחשבו מחיצה לטלטל בתוכן אלא משום המים. באו לו מים בשבת מותר לטלטל ביניהן. שכל מחיצה שנעשית בשבת שמה מחיצה. מבוי שניטלה קורתו או לחיו בשבת אסור לטלטל בו אע"פ שנפרץ לכרמלית:
35
When an excedra138 is constructed in an open area, it is permitted to carry within its entire space although it has only three walls and a roof.139 We consider it to be as though the edge of the roof descends and closes off the fourth side.140 A person who throws an article into it from the public domain is not liable.141 It is as if one throws an article into a closed lane that possesses a roof.
When the corner of a house or a courtyard is broken and an opening of ten cubits is created, it is forbidden to carry within it at all. Although [generally] whenever an opening is ten cubits or less we consider it to be an entrance,142 [no leniency is granted in this instance, because] an entrance is not made in a corner.143
לה
אכסדרה בבקעה מותר לטלטל בכולה ואע"פ שהיא בת שלש מחיצות ותקרה. שאנו רואין כאילו פי תקרה יורד וסותם רוח רביעית. והזורק מרה"ר לתוכה פטור כזורק למבוי סתום שיש לו קורה. בית או חצר שנפרץ קרן זוית שלה בעשר אמות הרי זה אסור לטלטל בכולו אע"פ שכל פרצה שהיא עד עשר אמות כפתח. אין עושין פתח בקרן זוית. ואם היתה שם קורה מלמעלה על אורך הפרצה רואין אותה שירדה וסתמה ומותר לטלטל בכולו והוא שלא תהיה באלכסון:
36
The term "fingerbreadth" when used as a measurement, universally refers to the width of a thumb.146 A handbreadth is the size of four fingerbreadths.147 Whenever the term "cubit" is used whether with regard to the laws of the Sabbath, a sukkah, or the prohibition of growing mixed species, it refers to a cubit of six handbreadths.148
There are times when we measure a cubit as six handbreadths pressed one to the other, and other occasions when we consider the handbreadths as amply spaced one from the other.149 In both instances, the intent is that this lead to a more stringent ruling.
For example, the length of a lane [is required to be a minimum of] four cubits. These are measured in amply spaced cubits. The height [of a lane may not exceed] twenty cubits. These are measured in constricted cubits. Similarly, the length of an opening [may not exceed] ten cubits. These are measured in constricted cubits. Similar principles apply regarding the laws of a sukkah and the prohibition of growing mixed species.
לו
האצבע שמשערין בה בכל מקום היא רוחב הגודל של יד. והטפח ארבע אצבעות. וכל אמה האמורה בכל מקום בין בשבת בין בסוכה וכלאים היא אמה בת ששה טפחים. ופעמים משערין באמה בת ששה טפחים דחוקות זו לזו. ופעמים משערין באמה בת ששה שוחקות ורווחות וזה וזה להחמיר. כיצד משך מבוי בארבע אמות שוחקות וגובהו עשרים אמה עציבות. רוחב הפרצה עשר אמות עציבות וכיוצא בהן לענין סוכה וכלאים
FOOTNOTES
1.
In Talmudic times, it was not customary that homes open to streets, as is the practice today. Instead, several homes would open up to a single courtyard. These courtyards would open up to paths or lanes that led to the public marketplaces and the thoroughfares of the towns. Sometimes, these paths or lanes would end in a cul-de- sac, and on other occasions they would lead from one thoroughfare to another.
2.
This refers to a lane leading from one marketplace or thoroughfare to another. Needless to say, the lane must be less than sixteen cubits wide. If it is sixteen cubits wide, it would be deemed as a public domain according to the Rambam, as mentioned in Chapter 14, Halachah 1.
3.
This question applies within a city that is not surrounded by an eruv. As the Rambam explains in his Commentary on the Mishnah (Eruvin 1:2), a lane with three walls is considered to be a carmelit. Thus according to the Torah itself, such an area is regarded as a makom patur, and one is permitted to carry within it. The Rabbis nevertheless forbade carrying within such an area, unless a person constructed either of the following structures: a lechi - a pole constructed at one of the corners of the fourth side - or a korah - a beam constructed across the entrance. (See also the gloss of the Maggid Mishneh.)
4.
The dimensions required for a pole and a beam are mentioned in Halachot 12 and 13. When a pole is constructed at the corner of the fourth side of the lane, the lane is considered to be enclosed and thus is viewed as a private domain. (See Halachah 9 of this chapter and Chapter 14, Halachah 1.)
5.
As explained in Halachah 9, extending a beam over the lane is a Rabbinic measure that makes a distinction between such a lane and a lane that is not enclosed at all. Because of this distinction, the Rabbinic prohibition against carrying in such a lane is lifted.
6.
This refers merely to the process of enclosing the area in question. In addition, as mentioned in Hilchot Eruvin 1:1-2, it is necessary for the people who share the lane to join together in an eruv, each contributing a certain measure of food.
7.
The Rambam's definition of a lane follows the conception of Rabbenu Chanan'el in his commentary on Eruvin 12a. Most other Rishonim [including Rashi (Eruvin, loc. cit.), Tosafot, the Rashba, and the Ra'avad] differ, and maintain that as long as a lane has three walls (or two walls and a pole on the third side), it is considered a private domain according to the Torah. (See Be'ur Halachah 363:1.)
The difference between the Rambam's view and that of these other authorities does not concern the license to carry, for all agree that it is forbidden to carry within the lane until a pole or a beam is constructed at the fourth side. Instead, the difference involves transferring an article into such a lane with three walls from the public domain. According to the Rambam, one is not liable from such a transfer, while according to the other authorities, one is.
8.
As mentioned above, according to the Rambam, one may carry in this lane, because any enclosure with three walls or less is deemed as a carmelit. According to the Torah, there is no restriction against carrying in such a domain.
9.
This ruling follows that of Rabbenu Yitzchak Alfasi in his Halachot. Nevertheless, there are many authorities who differ and maintain that this ruling applies only when the lane opens to a carmelit on at least one side. If it opens up to a public domain on both sides, it is not sufficient to erect a frame of an entrance, and a proper gate must be erected (Maggid Mishneh). The Rambam's ruling is accepted by the Shulchan Aruch (Orach Chayim 364:1).
10.
Our translation is based on the gloss and drawings of the Maggid Mishneh.
11.
The Rambam rules that all that is necessary is a frame of an entrance at one opening of the lane, and a pole or a beam at the other end. Nothing is necessary at the bend of the lane. This follows the opinion of Rav (Eruvin 6a, 8b).
Rashi and Rabbenu Asher, however, interpret Rav's ruling differently and require that a frame of an entrance be constructed at the lane's bend, and a pole or a beam be constructed at both the lane's openings. They explain that this is necessary because, unless the frame of an entrance is constructed at the bend, a person who does not walk through the entire lane will not be aware of the pole or the beam at the other entrance to the lane. This is the view accepted by the Shulchan Aruch (loc. cit.:3).
12.
Based on Shabbat 100a and the Tosefta, Shabbat 11:4, the Ra'avad and the Rashba define this as referring to an incline of ten handbreadths within four cubits. If the incline is gentler than that, this leniency does not apply. The Shulchan Aruch (Orach Chayim 363:36) accepts this definition.
13.
According to the Torah, one is allowed to carry within the lane, and the prohibition is merely Rabbinic in origin. Thus, since the steep incline makes the lane distinct from the public domain (and distinct from other lanes), there is no need for any further measures to permit carrying.
From the wording chosen by the Rambam, however, it appears that he does not consider the incline as a wall enclosing the lane (see the Ramah, Orach Chayim, loc. cit.), but rather as a distinguishing factor similar to a beam. Accordingly, a person who transfers an article into this lane from the public domain would not be held liable.
14.
This refers to a lane that has walls on either side. Thus, it is considered as if the lane had barriers on all four sides. For the garbage dump can be assumed to be ten handbreadths high and four handbreadths wide. Thus, it is considered to be an added wall, and the sea itself can be assumed to be ten handbreadths deep. Therefore, it is also considered to be a wall (Mishnah Berurah 363:118).
15.
This law does not apply regarding a private garbage dump, because the possibility exists that such a dump will be removed at any time.
16.
Our translation follows the commentary of Rabbenu Chanan'el and Rashi on Eruvin8a. Although both these authorities agree on the definition of the word שרטון, they quote different versions of that Talmudic passage. Rabbenu Chanan'el follows the version quoted here by the Rambam, which states that "we do not suspect that the sea will wash up a שרטון." The version of the passage quoted by Rashi (and printed in our texts of the Talmud today) states, "we suspect that the sea will wash up a שרטון."
Significantly, this difference in approach to this passage has been preserved. The Shulchan Aruch (Orach Chayim 363:29) follows the ruling of the Rambam, while subsequent Ashkenazic authorities and the Ramah follow that of Rashi which forbids carrying in such a lane. According to this view, it is impossible to enclose it with an eruv.
17.
See the definition of the term רחבה in Chapter 16, Halachah 10.
18.
Were the lane to end directly opposite the entrance from the yard to the public domain, a more stringent ruling would be applied and it would be necessary to construct a frame of an entrance. See Halachot 3 and 18.
19.
The Maggid Mishneh explains that were the lane to end at the side of the yard, it would resemble an L-shaped lane. Hence, the laws mentioned in Halachah 3 would apply. When, however, the lane does not end at the side of the yard, it has no resemblance to an L-shaped lane. Therefore, the entrance to the yard is itself considered a distinguishing factor. (Note, however, Rabbenu Asher and the Shulchan Aruch, Orach Chayim 365:3, which require that the people whose homes open up to the lane and the yard join together in an eruv.)
Significantly, according to the Maggid Mishneh, the word "forbidden" used by the Rambam, appears to mean "requires an eruv." This would concur with the Ra'avad's interpretation of Eruvin 7b which states that if the people whose homes open to the yard join in an eruv together with the people whose homes open to the lane, it is permitted to carry in the lane even if it ends in the side of the yard.
Note, however, the Shulchan Aruch (loc. cit.) which mentions that an eruv can never be effective for such a lane. See the explanation of this ruling in the Mishnah Berurah 365:23.
20.
The fundamental principle behind these conditions is that an enclosure that is used by a private person will afford greater privacy than an enclosure used by many people. Therefore, it is necessary that the enclosure be more substantial (the Rashba as quoted by the Kessef Mishneh).
21.
When only a single house or courtyard opens to a lane, it bears a far closer resemblance to private property.
22.
If a lane is not more than four cubits or if it is square shaped, it appears like a courtyard.
23.
I.e., the distance from one entrance to the other.
24.
The distance between the two walls on either side.
25.
A barrier of this length is considered to be a wall, and thus a portion of this side of the lane is also considered to be enclosed.
26.
Although the requirement to construct two poles or a barrier is more stringent than the norm for a lane, it still represents a leniency. There is no need to construct the frame of an entrance as in a courtyard.
The Rambam's ruling (with several additions) is quoted by the Shulchan Aruch(Orach Chayim 363:26). In his gloss, the Ramah adds that it has become customary to enclose all lanes with the frame of an entrance - i.e., two poles, and a cord above them.
27.
The length of a courtyard refers to the space from its entrance to the opposite wall (Maggid Mishneh). Although there are other interpretations, this is the definition accepted as halachah (Mishnah Berurah363:116).
28.
Our translation is based on the second interpretation of the Rambam's words offered by the Maggid Mishneh, which is supported by the Rambam's statements in Hilchot Eruvin 5:15. From that source, it appears that the Rambam conceives of a lane as having several courtyards and several houses open up to it. If, however, there is only one house opening up to it, although it contains several courtyards, or one courtyard although it contains several houses, it is not sufficient.
Rashi (Eruvin 12b), however, offers a different interpretation, explaining that to be considered a lane, an enclosure must have two courtyards open up to it, and each of the courtyards must have two houses open up to it. This view is accepted by the Rashba and by the Shulchan Aruch (Orach Chayim 363:26).
29.
Note the Shulchan Aruch (loc. cit.), which states that when a lane is less than four cubits long, the frame of an entrance is required to enclose it. Significantly, however, Shulchan Aruch HaRav 363:27 quotes the Rambam's ruling and not that of the Shulchan Aruch. (See also Mishnah Berurah 363:93.)
30.
In the standard published text of the Mishneh Torah, the word, ומשהו (lit. "and something") is added in parentheses. Rav David Arameah and the Shulchan Aruch(loc. cit.) interpret this to mean that the four handbreadths must be "ample." B'nei Binyamin explains that there is a printing error and the word משהו refers to the poles as in the previous halachah. Rav Kapach maintains that the word is a printer's addition and does not exist in the authoritative manuscripts of the Mishneh Torah.
31.
The Kessef Mishneh (and his view is quoted by the Magen Avraham 363:29) explains that even if the majority of the lane is wider than three handbreadths, since its entrance is less than three handbreadths it is considered to be closed, and no further measures are necessary.
32.
I.e., based on the principle of l'vud, the lane is considered to be a closed space and not open (Kessef Mishneh). Although there are more lenient opinions, the Shulchan Aruch(Orach Chayim 363:28) accepts the Rambam's ruling.
33.
As mentioned in the notes on the first halachah of this chapter, the Rambam differs with many of the other Rishonim and maintains that, according to Torah law, an area enclosed by three partitions is a makom patur and not a private domain. Therefore, a person who transfers an article to it from the public domain or vice versa is not liable.
As mentioned in several places throughout the first chapter of the tractate of Eruvin, there is a difference of opinion among the Sages regarding why one is permitted to carry within a lane when a beam is erected over its fourth side. The opinion quoted by the Rambam maintains that although the Sages forbade carrying in such a domain, their prohibition is lifted because the beam serves as a distinction, setting this lane apart, physically and conceptually, from the public domain.
The other opinion maintains that the beam is considered to be a wall (i.e., it is considered as if there were a wall descending from the beam downward enclosing the lane). Hence, the lane is considered to be enclosed on all four sides and therefore, as a private domain.
34.
In the first chapter of the tractate of Eruvin, our Sages also differ regarding why permission is granted to carry in a lane when a pole is erected at its fourth side. According to the opinion quoted by the Rambam, it is considered as if a wall emerges from the pole, and thus the lane is considered to be enclosed by a wall on all of its sides.
There is, however, another opinion, which states that the pole is erected merely to create a distinction and it is not considered to be a wall.
35.
Some of the authorities who maintain that an enclosure with three walls is considered to be a private domain according to Torah law, permit carrying within a public domain if gates are erected on one side and a frame of an entrance, pole, or beam is erected on the other. (See the Mishnah Berurah 364:6.)
36.
The definition of a public domain is taken from the encampment of the Jewish people in the desert, and there the public domain did not have gates (Mishnah Berurah364:7). The gates enclose the domain on all four sides. Hence, even though many people walk through it, it is still considered as "private."
37.
Based on Eruvin 6a-b, many Rishonimdiffer with the Rambam on this point and maintain that not only must the gates be fit to be closed at night, they must actually be closed, in order for carrying to be permitted in a public domain. Gates that can be closed, but are not actually closed, are effective only in an open lane. Although the Shulchan Aruch (Orach Chayim 364:2) mentions the Rambam's view, the more stringent opinion is favored.
It must be emphasized that from Chapter 14, Halachah 1, and Hilchot Eruvin 1:1, it appears that the Rambam also requires doors that are actually closed. Several explanations are offered by the commentaries in resolution of this difficulty.
38.
Note Shulchan Aruch HaRav 364:4, which states that a frame of an entrance is considered to be a wall. Therefore, if one erected poles on each corner of a square and connected them with a string above, one creates a private domain. Nevertheless, the Rabbis forbade carrying within an area fit to be considered a public domain unless it has a proper gate at its entrance. The Rambam, however, could not accept this ruling, because as stated in Chapter 16, Halachah 16, if the open portions of a barrier exceed the enclosed portions, it is not acceptable.
39.
Herein lies one of the points of controversy regarding the eruvim that are constructed around communities today. For few modern cities or villages are enclosed by actual walls with gates, and in practice, most of these eruvim employ a frame of an entrance, using telephone wires and the like.
As mentioned in Chapter 14, Halachah 1, and its notes, the Rambam does not subscribe to the opinion that a public domain must contain 600,000 people passing through it. Although the later Ashkenazic authorities accept this more lenient view, they also suggest that those who are careful in their observance accept the Rambam's ruling.
Whether this principle is to be applied with regard to great metropolises like Manhattan, Brooklyn, London, and the like which have more than 600,000 passersby or with regard to smaller communities which are considered a public domain only according to the more stringent view, the public domain must be enclosed by proper walls. The use of a frame of an entrance employing telephone or electric wires and the like is not sufficient.
40.
Although the inner portion of the beam or the pole is of most importance, it is, nevertheless, permitted to carry under the beam or opposite the pole, because that area is considered to be a makom patur(Shulchan Aruch HaRav 365:6).
41.
The Rambam's ruling is based on Rabbenu Chanan'el's interpretation of Eruvin 8b,9a. The Ra'avad and most Ashkenazic authorities (among them Tosafot and Rabbenu Asher) interpret that passage differently and maintain that we are permitted to carry beneath a beam when it opens up to a carmelit.
The Shulchan Aruch (Orach Chayim 365:4) follows the Rambam's ruling. The Mishnah Berurah 365:27, however, mentions the more lenient views. Furthermore, many authorities (e.g., Maggid Mishnah, Shulchan Aruch HaRav 365:6) agree that if a beam is four handbreadths wide and is strong enough to support a roof, it is permitted to carry beneath it. In that instance, the outer end of the beam is considered to descend and serve as a fourth wall.
42.
In that instance, the area between the poles is considered to be a distinct entity, with walls on either side.
43.
Generally, one is allowed to carry within a makom patur. Nevertheless, our Sages forbade carrying in a carmelit, a makom patur which resembles a public domain. In the situation at hand, since one makom patur (the carmelit) is adjacent to another makom patur (the area opposite the pole or beneath the beam), the two are combined and form a single entity. Therefore, carrying is forbidden, not only in the carmelit, but also between the poles.
44.
The Maggid Mishneh states that an animal used as a pole must be bound and may not be free to move. This concept can be derived from Chapter 16, Halachah 21, which states that an animal used for a partition may be bound. As mentioned in Halachah 9, a pole is considered to be a partition.
45.
See Hilchot Avodat Kochavim 7:10-15 and 8:3 with regard to the different laws pertaining to an asherah, a tree that is worshiped.
46.
The leniency mentioned represents a novel concept, for seemingly it applies even when the pole is associated with the idol worship of a Jew. (A pole worshiped by gentiles can be used if the gentiles nullfiy its connection with idol worship before it comes into the possession of a Jew. If, however, it is owned by a Jew, the connection with idol worship can never be nullified.)
Generally, since we are obligated to destroy objects that are associated with idol worship, from a halachic perspective, they are considered as if they have already been burnt to ashes. For example, Hilchot Shofar1:3 states that it is forbidden to use a shofar belonging to an עיר הנדחת ("an apostate city") and Hilchot Lulav 8:1 states that a palm branch used for idol worship is unacceptable for use as a lulav. Since both a shofar and lulav have a minimum requirement for their length, an object that must be destroyed because of its connection with idol worship is unacceptable.
In the case at hand, however, since there is no minimum requirement for the width or breadth of a pole, there is no difficulty in using a tree that has been worshiped.
The Ra'avad objects to the Rambam's explanation, for although there is no minimum width or breadth required for a pole, there is a minimum requirement for its height. Since the wood of the tree that has been worshiped is considered as though it had been burned to ash already, it lacks this minimum height.
(The Ra'avad, therefore, differs with the Rambam and maintains that a pole, like a beam, is merely a distinction. Therefore, no minimum height is required.)
Many of the other Rishonim differ with the Ra'avad and accept the Rambam's decision. The Maggid Mishnehdifferentiates between a shofar and a lulav - which must have three coordinates: width, breadth, and height - and a beam, which requires only one: height. The fundamental point of his explanation is that although such a beam is considered to lack dimensions, it exists and in this instance all that is necessary is its existence. See the notes of Rav Chayim Soloveichik to this halachah.
Tosafot (Eruvin 80b) offers a different explanation, stating that even if the tree was burned, one could stick its ashes together and obtain a pole ten handbreadths high.
47.
In his Commentary on the Mishnah (Eruvin1:6), the Rambam explains that this height is required for a pole, because the minimum height of a lane is ten handbreadths. Thus, the pole would extend for the entire height of the lane. Even if the lane is higher, the pole is not required to be more than ten handbreadths high.
48.
Based on Hilchot Avodat Kochavim 8:9, it can be inferred that this refers to a tree that was worshiped by a Jew or a tree that was worshiped by a gentile, but which was cut down before the gentile nullified its connection with idol worship.
49.
Even though the beam must be sturdy enough to support a brick that is one and a half handbreadths wide, it is possible for there to be a portion of the brick extending on either side of the beam (Eruvin 14a, Kessef Mishneh).
50.
When a beam is built in such a sturdy fashion, it is obviously placed there as a permanent part of the lane, and thus will serve as a distinction for the people inside of it.
51.
Based on the Jerusalem Talmud, the Maggid Mishneh states that it is not enough for the beam to support a single brick. It must be sturdy enough to support an entire row of bricks of this size. Although the Shulchan Aruch (Orach Chayim 363:17) quotes the Rambam's wording, the later authorities (Shulchan Aruch HaRav 363:19, Mishnah Berurah 363:59) quote the Maggid Mishneh's view.
Significantly, the Shulchan Aruch (loc. cit.:18) also quotes the opinion of Rabbenu Asher that if the beam is more than four handbreadths wide, it does not have to be sturdy enough to hold a brick.
52.
Literally "half of three handbreadths by three handbreadths."
53.
I.e., the supports that are attached to the walls on which the beam is placed.
54.
Rabbenu Asher differs and maintains that the supports need not be that sturdy. The Shulchan Aruch (loc. cit.:18) quotes both opinions without coming to a final decision. Similarly, there is a difference of opinion among the later authorities concerning this issue.
55.
If the walls of the lane are not ten handbreadths high, they are not significant and it is considered as if the lane lacks enclosures on either side.
56.
The Maggid Mishneh states that this restriction applies only when a beam is being used, for the passersby will not notice a beam that is more than twenty cubits high. If, however, a pole is used, there is no limitation on the height of the lane. This interpretation is also quoted by the Shulchan Aruch (Orach Chayim 363:26).
57.
As mentioned in Chapter 16, Halachah 16, an opening that is larger than ten cubits is too large to be considered to be an entrance.
58.
I.e., the entrance to the lane is an open space without a doorway or gate.
59.
The Ra'avad and others object to this ruling, stating that if the walls of a lane are not ten handbreadths high, the fact that the opening is constructed in the form of a frame of an entrance is of no significance. Since the walls of the lane are not high enough to be considered significant entities, of what value is the fact that the opening is constructed in the form of a frame of an entrance?
The Meiri explains that since the frame of the entrance is at least ten handbreadths high, the fact that the walls of the lane themselves are lower is insignificant. The Shulchan Aruch (loc. cit.) quotes the Rambam's opinion. Note the explanation of Shulchan Aruch HaRav 363:27, which explains that this applies in a situation when the walls of the lane are not ten handbreadths high. Nevertheless, the lane is considered a private domain because of the walls of houses and courtyards that adjoin it.
See also the Mishnah Berurah 363:93, which mentions that many later authorities accept the Ra'avad's objection and allow people to carry in such a lane only when the walls are ten handbreadths high. These authorities, however, explain that if the walls of the lane are ten handbreadths throughout the lane, with the exception of its opening, the construction of a frame of an entrance at the opening makes it permissible for people to carry within.
60.
When the frame of an entrance is constructed, there is no need for a post or a beam. For the construction of a frame of an entrance causes an entrance to be considered as if it were enclosed, as stated in Chapter 16, Halachah 16.
61.
From the Rambam's Commentary on the Mishnah (Eruvin 1:1), it is clear that he is speaking about designs and ornaments on the beam itself. The Ramah (Orach Chayim363:26, based on Rabbenu Asher's interpretation of Eruvin 3a), states that it is sufficient for there to be designs on the wall next to the beam. For when people look at the designs, their attention will also be drawn to the beam.
62.
Note the Kessef Mishneh's statements that permission is not granted to carry in a lane that is more than ten handbreadths wide, despite the fact that the beam placed above it has designs.
63.
The principle that objects above 20 cubits high will not be noticed easily by the human eye is also applied with reference to a sukkah (the s'chach may not be more than 20 cubits high) and with regard to a Chanukah candelabra (which may not be placed 20 cubits above the ground).
64.
We have translated the Rambam's words in the most simple fashion, following Rav Kapach's interpretation. The Maggid Mishneh (based on Eruvin 4b) offers a much more complicated interpretation, explaining that if originally a beam was erected more than 20 cubits above the ground and then a second beam was erected above the floor to reduce its height, there may not be more than 20 cubits between the first beam and the second. This approach is also followed by the Shulchan Aruch (Orach Chayim 363:26).
65.
Rashi (Eruvin 5a) explains that a smaller area is not sufficient. A lane is not considered significant unless it is more than four cubits by four cubits, as explained in Halachah 7. Thus, there must be a portion of the lane with walls that are ten handbreadths high, with at least this area.
66.
Leading to a public domain or a carmelit(Shulchan Aruch HaRav 365:1).
67.
I.e., the opening is made in the side wall of the lane. Nevertheless, it is very close to the opening of the lane where the pole or the beam erected to permit carrying was placed.
68.
Although generally the walls of a lane must be four cubits long, as mentioned in Halachah 7, leniency is allowed in this instance, since the lane existed previously (Shulchan Aruch HaRav, loc. cit.; Mishnah Berurah 365:2).
69.
As mentioned in Chapter 16, Halachah 16, an opening that is larger than ten cubits causes the entire side to be considered to be unenclosed, unless a frame of an entrance is constructed above it.
70.
Although the opening is not too large to nullify the enclosure, since the people will be going in and out through the new opening, they will not notice the beam or the pole erected at the original entrance (Shulchan Aruch HaRav, loc. cit.).
71.
When the walls of the lane open to the courtyard and there is an opening to the public domain on the opposite side, it appears as if the lane leads directly into the public domain. If, however, there are projections remaining at the side of the entrance from the lane to the courtyard, they are considered to be equivalent to a pole, and it is permitted to carry within the lane. (See Mishnah Berurah 365:12- 13.)
72.
See the Shulchan Aruch (Orach Chayim365:3), which states that the question of whether the opening to the public domain must be directly opposite the opening to the lane for the restriction to apply depends on whether or not an eruv has been made between the inhabitants of the lane and the inhabitants of the courtyard. See the notes to Halachah 1.
73.
This clarifies the definition of "private domain" given at the beginning of Chapter 14 - i.e., private property belonging to a single individual, a group, or a collective.
74.
Eruvin 8b describes this situation as "a lane structured like a centipede" - i.e., that has different paths leading into it like the legs of a centipede. The Maggid Mishneh depicts this as follows.
There is, however, some difficulty with his interpretation, because the Rambam specifically states, "Although the openings are not opposite one another." Accordingly, Rav Kapach has drawn the following diagram.
The Shulchan Aruch (Orach Chayim 364:5) mentions both possibilities, stating that they are both governed by the same laws. As will be mentioned, its rulings are based on a different perspective than that of the Rambam.
75.
See Halachah 3 with regard to an L-shaped lane.
76.
The Maggid Mishneh interprets the Rambam's words as requiring the frame of an entrance to be constructed at the entrance from the path to the public domain on one side. On the other side of the path, at the entrances that lead to the public domain, a pole or a beam is sufficient.
The Shulchan Aruch (loc. cit.) differs and maintains that the frame of an entrance should be made at the entrance of the path to the main lane. At the entrance to the public domain, a pole or a beam is sufficient. The difference between these rulings depends on their rulings regarding an L-shaped lane, as mentioned in the notes on Halachah 3.
77.
At one side of the lane the wall protrudes further than the other, so that the opening to the lane is a diagonal.
78.
Placing the beam at a diagonal is not acceptable, because a beam is intended to create a distinction between the lane and the public domain. When the beam is positioned at a diagonal, a person carrying in the extension of the lane will not differentiate between it and the public domain.
The Rashba (quoted in the Maggid Mishneh) states that one may carry in the extended portion of the lane only by erecting the frame of an entrance across the diagonal. This ruling is accepted by the Shulchan Aruch (Orach Chayim 363:30). If, however, one erects a pole at both sides of the entrance to the lane, it is not acceptable. One may, however, carry in the area behind the inner pole (Shulchan Aruch HaRav 363:36; Mishnah Berurah 363:125).
79.
The Maggid Mishneh quotes the Rashba as saying that the same laws apply if one erected a beam over the midst of a lane. This ruling is quoted by the Shulchan Aruch(Orach Chayim 363:32).
80.
Eruvin 14b explains that this law is seemingly self-evident. Nevertheless, it was necessary to mention it, for one might think that carrying would be forbidden within the inner half lest one carry in the outer half.
81.
The Maggid Mishneh and the Shulchan Aruch (loc. cit.) emphasize that the inner portion must meet all the criteria for a lane mentioned in Halachah 7.
82.
As mentioned in Halachah 14, it is possible to enable people to carry within a lane by erecting a beam or a pole only when the opening to a lane is ten cubits or less wide. If the opening is wider, a frame of an entrance is necessary.
83.
The fact that the two lanes merge is not significant, for it is the width at the entrance that is the determining factor. In this instance as well, the Maggid Mishneh and the Shulchan Aruch (Orach Chayim 363:33) follow the rationale mentioned in the notes to the previous halachah and emphasize that both the new lanes created by the erection of the wall must meet all the conditions for a lane mentioned in Halachah 7.
84.
The Shulchan Aruch (loc. cit.:34) states that the measures cited by the Rambam are not arbitrary figures. As long as the walls erected exceed the size of the empty space between them and the wall, and the opening is ten cubits wide or less, it is possible to allow people to carry within the lane by erecting a pole or a beam.
Eruvin 10a mentions that generally as long as the enclosed portion of a side is equal to the open portion, it is acceptable. (See Chapter 16, Halachah 16.) In this instance, however, since a majority of the side is left open for the entrance, the enclosed portion of the remainder must exceed the open portion.
85.
The Shulchan Aruch (loc. cit.) underscores that the leniency mentioned in this halachah applies only when people do not enter and leave through the spaces on the sides. It is, nevertheless, unlikely that they would do so unless there is a clear indication that this is the common practice (Shulchan Aruch HaRav 363:40; Mishnah Berurah 363:148). See Halachah 17.
86.
Based on Eruvin 5 a-b, the Maggid Mishnehinterprets this as referring to a portion of the wall that projects into the lane, but which was not constructed for the purpose of serving as a pole. It is, nevertheless, acceptable.
The Maggid Mishneh also mentions other opinions that interpret the above Talmudic portion as referring to a projection that is less than four cubits wide. If the width of the projection exceeds four cubits, the projection is considered to be a wall. If the width of the entire side exceeds eight cubits, another pole is required. This opinion is also quoted by the Shulchan Aruch (Orach Chayim 363:12).
87.
E.g., a tree that is growing at the side of the lane.
88.
The Maggid Mishneh interprets Eruvin 15a, the source for this halachah, as referring to a situation where a tree was growing near a pole at the side of the lane, and the pole was removed. If it was removed before the Sabbath, we can assume that the people relied on the tree to use as a pole. Hence, it is acceptable. If, however, the pole was removed on the Sabbath itself, the tree is not acceptable, for there was no intent to use it for this purpose before the commencement of the Sabbath. This conception is quoted by the Shulchan Aruch (loc. cit.:11).
89.
This diagram, taken from the Maggid Mishneh, is also repeated in Shulchan Aruch HaRav 363:11 and the Mishneh Berurah 363:31. See the accompanying diagram. In this way, the projection is seen only by those standing within the lane and not by those standing outside.
90.
This is a matter of controversy among the commentaries. Rashi, Eruvin 9b, interprets this as a direct opposite of the above diagram. Tosafot objects, and reverses the interpretation of the terms.
91.
The Mishnah Berurah 363:35 explains that even when the pole is ten handbreadths high, it is not acceptable if it is more than three handbreadths above the ground. The rationale for this ruling is that a pole is considered like a wall, and a wall must reach within three handbreadths of the ground.
92.
Note the Mishnah Berurah 363:22, which states that this restriction applies regardless of the size of the pole.
93.
As mentioned in the notes on the beginning of the halachah, the Rambam's ruling is not accepted by all the authorities.
94.
As mentioned in Halachah 9, a beam that is placed over the entrance of a lane differentiates between the lane and the public domain. When, however, this beam is covered by a mat, it appears that it was placed there to hang objects on it and thus no longer serves its original function.
95.
Although the beam is no longer considered significant for its original purpose. If the mat reaches the ground - or because of the principle of l'vud, within three handbreadths of the ground - it is considered to be a wall, provided it is tied so that it will not be moved by the wind. (See Chapter 16, Halachah 24.)
96.
The Shulchan Aruch (Orach Chayim363:25) mentions that these spikes are implanted at an angle, inclined toward the inside of the lane. Thus, there are two difficulties with the beam:
a) It is placed on the spikes and not on the walls of the lane itself,
b) Its span is shorter than the width of the lane itself.
From the diagram drawn by the Maggid Mishneh to depict the Rambam's conception, it would appear that there is a difference of opinion and the difficulty is that the spikes and the beam are outside the lane.
97.
The Shulchan Aruch (loc. cit.) mentions that if the pole is within three handbreadths of the wall of the lane, it is acceptable, based on the principle of l'vud.
98.
The Maggid Mishneh, Shulchan Aruch HaRav 363:23, and the Mishnah Berurah363:67 explain that even if the beam does not reach either wall (e.g., it is placed atop a pillar, in the midst of the lane), it is acceptable as long as it is within three handbreadths of both walls.
99.
For they are considered as though they are connected, based on the principle of l'vud.
100.
See Halachah 13.
101.
Based on Eruvin 14a, the Ra'avad explains that the beams must be close enough to each other actually to support the brick if placed there. The Rambam (see the gloss of the Maggid Mishneh) explains that as long as the beams are within three handbreadths of each other, and their combined width is a handbreadth, theoretically, they would be strong enough to support a brick placed upon them. Hence, it is sufficient even though in their present position, the beams are unable to support a brick.
The Shulchan Aruch (Orach Chayim363:22) mentions both interpretations, but appears to favor that of the Rambam. Note, however, Shulchan Aruch HaRav363:24, which states that one should be stringent and follow the Ra'avad's view.
102.
This is based on the principle of chavot rami, literally, "cast it down." We find this principle also applied in Hilchot Sukkah5:21 and Hilchot Tum'at Meit 16:6.
The Maggid Mishneh and the Kessef Mishneh, however, both note the apparent differences between the Rambam's citation of this principle here and in Hilchot Sukkah, where the Rambam states:
If the s'chach was uneven - i.e., some of it high and some of it low, it is kosher, provided there is less than three handbreadths between the [height of the] upper and lower [portions of the s'chach].If the upper portion [of the s'chach] is a handbreadth or more wide, even though it is more than three handbreadths above [the lower portion], we consider it to be descending and touching the edge of the lower portion.
Since as mentioned in the previous notes, it is only the combined width of the beams which is a handbreadth, and each beam is smaller, the Maggid Mishneh asks why the principle of chavut rami applies. Seemingly, it would be necessary for the upper beam to be a handbreadth wide as well.
103.
The maximum acceptable height for a beam (Halachah 14).
104.
The minimum acceptable height for a beam (ibid.).
105.
As explained in the opening clause of this halachah. With regard to this clause as well, the objection raised by the Ra'avad with regard to the first clause is also relevant. Indeed, it is far more applicable in this instance, for when the boards are not on the same plane, it is impossible for them to hold a brick.
As in the first clause, the Shulchan Aruch(loc. cit.:23) quotes both opinions, but appears to favor the Rambam's view. In this instance, however, most of the later authorities suggest accepting the stringency suggested by the Ra'avad.
106.
The Mishnah Berurah 363:63 explains that this law involves a further leniency: Since the beam is rounded, it will not be able to support a brick. Nevertheless, since it would be strong enough to accept a brick if it were straight, it is acceptable.
107.
The Rambam's words are a direct quote from the Mishnah (Eruvin 1:5). In his Commentary on the Mishnah, the Rambam notes that the relation mentioned here is merely an approximation, and the ratio of the diameter of a circle to its circumference is pi.
108.
I.e., the portion of the beam that extends beyond its place is considered as if it did not exist, and we calculate the distance - on a straight line - between the two points of the beam on the extremity of the permitted area. If that distance is less than three handbreadths, it is acceptable, because of the principle of l'vud. If not, a new beam is required.
109.
Wells are generally ten handbreadths deep and four handbreadths by four handbreadths wide, thus constituting a private domain. Accordingly, if the area around them is not enclosed, it is forbidden to draw water and drink, since by doing so one will be removing an article from a private domain to a carmelit or to a public domain.
As mentioned in Halachah 30, our Sages granted the leniency mentioned in this halachah as a specific dispensation to the pilgrims journeying to Jerusalem for the festivals. Rather than require the well to be surrounded by a proper wall, they allowed the use of such a structure.
110.
See Figure A. Note the Mishnah, Eruvin2:1, which uses the term d'yomdin, which literally means "two pillars" to describe the structure positioned at each of the corners of the square.
111.
This is the minimum length of the walls placed at each side of the corner. Although a wall of four handbreadths is considered significant in many instances, in the case at hand a larger measure is required, because the majority of the enclosure remains open.
112.
This is the maximum size of the space allowed between walls. As obvious from Halachah 29, it may be smaller.
113.
See Figure B.
114.
See Figure C.
115.
Based on the principle of l'vud.
116.
If the enclosure was any smaller, it is likely that an animal may turn and its owner would carry the bucket out of the enclosure. Eruvin 19a states that this distance is two cubits in length on each side.
117.
A camel is much larger than a cow and its head and the majority of its body cannot fit into the space for the head and the majority of the body of a cow.
118.
I.e., the further the distance from the well, the larger the distance between the corners becomes. Rather than make the corner walls larger, it is proper to add a third (or more) wall to each side, to maintain the distance between each wall at thirteen and one third cubits or less (Eruvin18a). See the accompanying diagram.
119.
As the halachah mentions below, this leniency was generally allowed for animals; only when the well was very wide were men also allowed to benefit from it.
120.
I.e., a well - which is itself a source of water - but not a reservoir or cistern in which water was stored. See the following halachah.
121.
I.e., in contrast to one belonging to a private individual. See the following halachah.
122.
This distinguishes the area as a private domain. In regard to descending to drink from the well see Chapter 24, Halachah 4.
123.
This interpretation of the Hebrew חגורה follows the commentary of Tosafot, rather than Rashi (Eruvin 22b).
124.
Although there is no transgression in performing such an activity, since the stall projects within the enclosure, our Sages forbade this for the reasons stated by the Rambam.
125.
The Rambam's ststements are based on Eruvin 20b, which explains that while attempting to fix the broken stall, the person may carry the bucket to the public domain. Nevertheless, as the Merkevet HaMishneh notes, the Rambam slightly changes the description of the situation mentioned in the Talmud to allow for a shorter, more concise text.
126.
Note the Avnei Nezer (Orach Chayim, Responsum 265), who question how large an area may be included with such walls for the area to be considered a private domain according to the Torah. From the Rambam's statements, it appears that even if there are more than thirteen and one third handbreadths between the walls, it is still considered a private domain.
127.
Thus, the restrictions against drawing water from such a well mentioned in Halachah 30 and 31 are Rabbinic in origin. When our Sages instituted these restrictions, they considered the difficulties that might be caused to the festive pilgrims and did not impose them in regard to their animals.
128.
Eruvin 22a explains that even if a public thoroughfare passes through such a structure, it is still considered to be a private domain, because it has the abovementioned walls. Note the statements of the Baal HaHashlamah, who differs with the Rambam's ruling.
129.
See Halachah 18.
130.
For it is permitted to carry from one private domain to another. Since there are no people dwelling in the enclosure, an eruvis not required (Rashi, Eruvin 20a).
131.
Since people from two different courtyards are using the area, an eruv is required. Nevertheless, once an eruv is made, there is no difficulty in carrying from the courtyards to the enclosure. Although there is an opinion (Eruvin 20a) that forbids carrying in such a situation even when an eruv has been made, it is not accepted as halachah.
Rashi (loc. cit.) explains that the two courtyards must enter between the same walls of the enclosure and share a common divider. The eruv must be placed in an opening in this divider. If, however, the courtyards are on opposite sides of the enclosure, the eruv is not effective. Rabbi Akiva Eiger states that there is no indication of such a restriction in the Rambam's words.
132.
We do not say that since it was permitted to carry in the enclosure for a portion of the Sabbath, we are able to continue carrying within (Rashi, loc. cit.).
133.
According to the Torah itself, however, the enclosure is a private domain, as reflected in the previous halachah.
134.
From the Rambam's wording, it would appear that this leniency applies regardless of whether the well had dried up on the Sabbath or was dry even before the Sabbath commenced. If it begins to flow with water, one may carry within the enclosure. Note, however, Rashi (loc. cit.) and the Baal HaHashlamah, who maintain that the leniency applies only when originally there was water in the well at the commencement of the Sabbath. Since the walls of the enclosure were not considered to be an acceptable partition at the commencement of the Sabbath, they cannot become acceptable on that Sabbath.
135.
See Chapter 16, Halachah 22.
136.
In his Commentary on the Mishnah (Eruvin9:3), the Rambam differentiates between this instance and others (e.g., Chapter 16, Halachah 13), where, since permission is granted to carry within an area at the commencement of the Sabbath, that permission is continued throughout the Sabbath. These leniencies are granted when the difficulties arise because of the restrictions involved in making an eruv.
A more stringent ruling is applied in this situation, because if the pole or beam is removed, it is as if the area is open entirely. The difficulty is not in the status of the people within the enclosure, but in the enclosure itself. It no longer fits the standards required by the Sages.
137.
And there is thus no possibility of one of the Torah's prohibitions being violated. Nevertheless, carrying in such a lane is forbidden because of Rabbinic decree.
138.
A Greek architectural structure with three (and sometimes two) walls and a roof with an aperture for sunlight in the center. Often translated as "a porch."
139.
Generally, as reflected by his statements in Halachah 2, the Rambam prohibits carrying in a structure with only three walls unless an additional measure is taken - e.g., the construction of a pole or a beam. In this instance, as he explains, that function is served by the edge of the roof, which is considered to descend and form the fourth wall. (See Chapter 16, Halachah 7.)
140.
Note the Shulchan Aruch (Orach Chayim361:2), which states that this applies even when the opening is more than ten cubits wide. See also the Maggid Mishneh, who mentions that there are opinions that require a portion of the wall to remain at either corner for this principle to apply.
Note also the Ramah (Orach Chayim361:2), who applies the principle, "the edge of the roof is considered to descend," even with regard to a structure of two walls, provided the walls are built as an L.
141.
The Ra'avad and others object to this ruling, for as mentioned in the notes on Halachot 2 and 9, they maintain that a structure with three walls is considered to be a private domain according to the Torah.
142.
See Chapter 16, Halachah 16.
143.
See Chapter 16, Halachah 20.
144.
I.e., were there to be a beam of the roof of the house extending over the portion that was open, we can apply the principle stated in the above portion of the halachah, "the edge of the roof is considered to descend," and on this basis allow one to carry within.
145.
This clause - which significantly is lacking in some authoritative manuscripts of the Mishneh Torah - has created discussion among the commentaries. In his commentary on Eruvin 94a, Rashi explains that the word "angle" mentioned in the Talmud refers to roofs which, like most of the roofs in Europe, descend at a slant. When a roof is flat, the principle "the edge of the roof is considered to descend" applies. If the roof descends at an angle, the principle does not. This interpretation is quoted by Rav Yosef Karo, both in his Kessef Mishneh and in his Shulchan Aruch(loc. cit.) as a different interpretation than that of the Rambam.
The Rambam's conception is clearly expressed in his Commentary on the Mishnah (Eruvin 9:3), where he interprets the term "angle" to mean that the beams of the roof were built on a slant, as in the accompanying diagram. Since the beams do not end in the place where the opening was made - but were rather broken off abruptly - the principle "the edge of the roof is considered to descend" does not apply.
146.
This measure is not particularly relevant with regard to the laws of the Sabbath. Nevertheless, it is mentioned here, because the measures of a handbreadth and a cubit, which are extremely relevant, are dependent on it. See Hilchot Sefer Torah 9:9, which defines a fingerbreadth as the length of two barley corns. In modern measure, it is 2 centimeters according to Shiurei Torah and 2.4 centimeters according to the Chazon Ish.
147.
Thus, 8 centimeters according to Shiurei Torah and 9.6 centimeters according to the Chazon Ish.
148.
Note Hilchot Beit HaBechirah 2:6, which explains that some of the cubits used for the altar's dimensions contained only five handbreadths.
149.
I.e., when a more stringent approach would call for a larger measure, it is the larger measure that is required. When a more stringent approach would call for a smaller measure, it is the smaller measure that is required.
The Maggid Mishneh quotes the Rashba as stating that the difference between these two measurements is half a fingerbreadth.
• Shabbat, 3 Kislev, 5777 · 3 December 2016
• "Today's Day"
• Tuesday, Kislev 3, 5704
Torah lessons: Chumash: Vayeitsei, Shlishi with Rashi.
Tehillim: 18-22.
Tanya: To perform a (p. 603)...see my hinderpart..." (p. 605).
One difference between the ways of the Baal Shem Tov and of the Maggid1 was that the Baal Shem Tov went on all sorts of journeys, while the Maggid stayed home.
Moreover, when the Maggid was Rebbe, Chassidus was already widely known, even in distant places, because of the extensive journeys of the Holy Society.2 Many average laymen had thus become devoted to Chassidus and used to make pilgrimages to Mezritch.3
FOOTNOTES
1.His successor.
2.The Maggid's disciples.
3.The Maggid's place of residence.
• Daily Thought:
Poor Reception
Evil does not descend from above. The transmission from above is pure and coherent. Evil is distortion and noise, an artifact of our reception.
If we would only adjust our reception devices, our attitude and our ability to receive, the signal would become clear.
And that is all of life—adjusting reception.
-------Evil does not descend from above. The transmission from above is pure and coherent. Evil is distortion and noise, an artifact of our reception.
If we would only adjust our reception devices, our attitude and our ability to receive, the signal would become clear.
And that is all of life—adjusting reception.
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