be separated by a ditch, ten spans deep and four wide, the inmates of each court should prepare separate Erubin and must not join in one, even though the ditch be filled with stubble or with straw. Should it however be filled with earth or pebbles, the inmates must join in one Erub and not prepare two separate ones. If a board four spans wide had been put across the ditch, and likewise, if two projecting balconies, one opposite the other, have been connected by means of such a board, or plank, the inmates of the courts may prepare separate Erubin, or if they prefer it, they may join in one; if the board, however, was less (than four spans) wide, they must each prepare a separate Erub, and not join in one.
GEMARA: The Mishna states, that if the ditch was filled with stubble or straw, the inmates of each court must make a separate Erub, because the straw is not considered firm enough to afford a safe passage over the ditch, i.e., it does not constitute a solid filling for the ditch, but in the succeeding Mishna we learn, that if there be between two courts a straw-rick, the inmates of each court must prepare a separate Erub, thereby demonstrating that straw can form a solid partition? Answered Abayi: As for a partition all agree that a straw-rick can form a partition, but as for straw serving as a filling for a ditch it depends upon whether the owner has devoted it entirely for that purpose. If he did and will not remove it, it may constitute a solid filling for the ditch, but if he did not and intends to subsequently remove it, it cannot be considered such.
"Should it however be filled with earth or pebbles." Even if the man who did this, does not declare that he has devoted the earth or the pebbles for that purpose entirely? Have we not learned in a Mishna, that if a man filled a room (which had contained a corpse) with straw or pebbles and declared that he does not intend to make any further use of either the straw or the pebbles, the room is regarded as filled up and is not considered a tent, but if no such declaration was made, the room is still considered a tent. Thus we see, that one must declare the straw and pebbles to be devoted for such purpose only, and our Mishna does not state anything in regard to this? Said R. Assi: This Mishna treating of Erubin is in accordance with the opinion of R. Jose in a Tosephta (in Tract Oholoth) who holds, that in the case of straw no express declaration is necessary. R. Huna, the son of R. Jehoshua, however, said: Thou wouldst prove a contradiction from a law pertaining to uncleanness to a Sabbath-law? Leave out the prohibition of Sabbath; for a thing which must not be handled on Sabbath is at all events sacrificed even if it be a purse of money; because it must not be handled on Sabbath. (With straw it is different, because that is food for animals, and hence may be handled on Sabbath.)
R. Ashi, however, said: Thou wouldst base a contradiction on an ordinance concerning a room to that concerning a ditch. A ditch was made to be filled up, but is then a room also made to be filled up?
"If a board four spans wide had been put across the ditch." Said Rabha: "When must the board be four spans wide? If it was laid crosswise across the ditch, but if it was laid lengthwise across the ditch it makes no difference how wide the board is, because the width of the ditch was decreased to less than four spans.
"If two projecting balconies, one opposite the other," etc. Said Rabha: The statement in the Mishna, "one opposite the other," might be construed to signify, that if they were not directly opposite each other, no connection could be made; such is the case, however, only if they are three spans or more distant one from the other. Should they be less apart than three spans, it matters not whether they are directly opposite, diagonally so, or even one above the other, a connection may be made and it is simply considered a crooked balcony, but a balcony nevertheless.
MISHNA: If there be between two courts a straw-rick, ten spans high, the inmates of both courts must prepare separate Erubin, and must not join in one. Cattle maybe fed from each side of the rick (and no fear need be entertained, that it will become less than ten spans high). Should the rick become less than ten spans high, the inmates must join in one Erub and not prepare two.
GEMARA: Said R. Huna: "(Cattle may be fed from each side of the rick), providing the straw is not removed by a man and placed in the crib of the cattle (because the straw was designated as a partition since the preceding day, hence it must not be handled)." Did we not learn in a Boraitha: "If a house which was filled with straw stand between two courts, the inmates of each court must make a separate Erub, but must not join in one, and may remove the straw from the house to their respective courts and place it in the crib for the cattle?" Thus we see, that it is allowed for the inmates of each court to remove the straw to their respective courts and place it in the crib; why does R. Huna prohibit this? I will tell thee: In a house, on account of the roof, it will become noticeable if the heap of straw becomes lower than ten spans, but a straw-rick standing in the open air might be overlooked as to its height.
(The above Boraitha continues as follows:) "If the heap of straw contained in the house became less than ten spans high, neither of the inmates of either court are permitted to carry unless the inmates of one court resign their right to the place in favor of the inmates of the other." Thus, if the heap of straw was ten spans high, it still serves the purpose of a partition, even though it does not reach the ceiling. We may adduce therefrom, that any partition if it be only ten spans high, though it should not reach the ceiling, is valid. From the statement in the Boraitha, that neither of the inmates of either court are permitted to carry we can also infer, that any dwellings which may have been added on the Sabbath are included in the prohibition? This is not conclusive evidence! It may be that the Boraitha refers to a case where the heap of straw was diminished to less than ten spans' height before the Sabbath set in.
The Boraitha continues further: "The one wishing to make use of his court should lock up the house and resign his right to the ground." What, do both? Lock the house and resign his right to the ground? Yea; both are necessary, for the man is accustomed to use the house on Sabbath, 1 and he might perchance, if he leave it unlocked, come and use it.
Continuing, the Boraitha states: "If he did so, he must not carry, but his neighbor may." Is this not self-evident? We might assume that the man's neighbor must also do as he did, hence we are told, that the Tana holds repeated resignation of the ground to be prohibited.
MISHNA: How are alleys (entries) to be combined? A man places a cask of wine (in the alley) and says: "This shall be for all the inmates of the alley," and he may transfer the right of possession (which he has in the cask) to them either through his adult son or daughter, or through his Hebrew man-servant or maid-servant, or through his wife; but he cannot transfer his right of possession through his minor son or daughter, or through his Canaanitish bond-man or bond-woman, because their hand is virtually the same as his.
GEMARA: Said R. Jehudah: The person that accepts the transfer of ownership should lift the cask of wine at least one span from the ground at the time of acceptance (saying, I have accepted this for the other inmates). Said Rabha: These two things were said by the old sages of Pumbaditha, namely: This statement of R. Jehudah just quoted and the other one is: When a man pronounces the benediction over a goblet of wine, if he tastes a whole mouthful he has acquitted himself of the duty properly, otherwise he does not.
An objection was raised: We have learned in a Boraitha: How are alleys to be combined? A cask of wine, oil, dates, or figs, or any other fruit, is brought, and if belonging to the one who brought it, he should transfer his right of possession to the other inmates; but if the others have a share in it to commence with, he need only inform them (that he has combined the Erub for them). While transferring the right of possession, the cask should be lifted off the ground a trifle? By a trifle the Boraitha also means a span.
It was taught: At the combining of alleys, the right of possession need not be transferred. So said Rabh; but Samuel maintains, that this must be done. At the combining of the legal limits, however, Samuel declares that the right of possession must be transferred, while Rabh holds, that it is not necessary.
Samuel may be right in his opinion, because he holds in accordance with our Mishna, which teaches, that at
