Talmud for Eruvin 1:1

HALAKHAH: “An alley which is higher than twenty,” etc. ³⁵The same text also is the introduction to Tractate Sukkah1:1 (ס). Rebbi Yose said it without attribution, Rebbi Aḥa in the name of Rav: The rabbis inferred it from the door of the Sanctuary, but Rebbi Jehudah inferred it from the door of the Hall³⁶The rabbis hold that one does not realize that a beam is there to indicate a door if it is higher than 10 cubits since the entrance door to the Herodian Temple was 10 cubits. R. Jehudah disputes this since the inner door between the antechamber and the main room, visible only to the officiating priests, was larger. The biblical accounts of Solomon’s Temple (1K. 6:2–3, 2Chr. 3:3–4) do not give measurements of the doors. Babli 2a.. An argument from the door of the Hall is sufficient only up to forty cubits, as we have stated there³⁷Mishnah Middot 3:4.: “The door of the Hall was forty cubits high and twenty cubits wide.” Rebbi Ḥiyya stated, even forty or fifty cubits; Bar Qappara stated, even a hundred cubits³⁸He disputes any connection with Temple measurements since R. Jehudah rejects height limitations in general. Babli 2b.. Rebbi Abin said, Rebbi Jehudah follows his opinion and the rabbis follow their opinion, as we have stated there³⁹Mishnah 9:5., “and similarly one carries under panelled bridges on the Sabbath, the words of Rebbi Jehudah, but the Sages forbid it.⁴⁰The bridge is supported by a structure of beams underneath with beams running lengthwise on both sides. R. Jehudah holds that the boundary of the space below the bridge is clearly indicated if there are virtual walls hanging down from the beams enclosing the space which therefore assumes the role of a house. The rabbis accept only real walls.” As you are saying there, one considers the cross-beam⁴¹Greek μέλαθρον, τό. This is a substantial load-carrying beam used in construction. as if it came down⁴²As a virtual wall, Note 40. and closed, here also one considers the roof as if it came down and closed. This is the opinion of Rebbi Jehudah in the case of a sukkah, this is his opinion in the case of an alley. Also the opinion of the rabbis in the case of a sukkah is their opinion in the case of an alley. But they do not compare⁴³The fact that the rabbis take 20 cubits as upper height limit for both the entrance to an alleyway and a sukkah is accidental since the rules in both cases diverge widely.. There are items qualified for a sukkah which are disqualified for an alley and those qualified for an alley but disqualified for a sukkah. Double pointed stakes⁴⁴Greek δίκρανον, τό. are qualified for a sukkah but disqualified for an alley, and it was stated thus: If he brought four double pointed stakes and thatched over them it is qualified as a sukkah⁴⁵One may make a sukkah by putting up four poles carrying a frame on which one thatches a roof on condition that the poles qualify as walls, i. e., each of them is at least 4 hand-breadths wide. Otherwise one would have to make makeshift walls between the poles as described in Mishnah 9. but disqualified for an alley⁴⁶The poles carrying the cross beam may not be much higher than the walls of the alley (or the cross beam cannot be fastened to the tops of the poles, Babli 9a top).. That is, if they are higher by more than three [hand-breadths] than the walls of the alley. But if they are not higher by more than three [hand-breadths] than the walls of the alley it is qualified. If they are not, but if they are four [hand-breadths] wide they are qualified even if arbitrarily high⁴⁷If a pole qualifies as a wall it is clear that it may be 20 cubits high for the rabbis and arbitrarily high for R. Jehudah.. Walls may be qualified for a sukkah but disqualified for an alley, and it was stated thus: “Two regular and the third even one hand-breadth is qualified⁴⁸Tosephta Sukkah 1:13. A sukkah must be at least 10 hand-breadths high and the sides have to be at least 7 hand-breadths wide..” Rebbi Ḥiyya in the name of Rebbi Joḥanan: Two of four hand-breadths each and the third even one hand-breadth is qualified⁴⁹As explained in Mishnah 9, a space of slightly less that 3 hand-breadths is disregarded. Therefore a wall qualifies as being 7 hand-breadths wide if the actual material wall extends to slightly more than 4 hand-breadths.. But for an alley only if it is closed in its four directions⁵⁰It must have three actual walls and a symbolic door on the fourth side.. Wider than ten cubits is qualified for a sukkah but disqualified for an alley⁵¹Mishnah 1 for the alley. There are no limitations on the surface area covered by a sukkah.. “If he drew a vine or squash.⁵²This may refer either to Mishnah Sukkah 1:4 or to Tosephta Eruvin 1:7; shortened to leave out all of the argument. The thatched roof of a sukkah must be vegetal material not connected to the ground. Therefore vine or squash are disqualified to be used for thatching. But a vine growing in an arch over the entrance of an alley is as good as a beam to mark the entrance.” That means, up to an area of two bet se’ah. But more than an area of two bet se’ah it is a partition made for agriculture where one may transport only four cubits⁵³A vine used to designate the entrance to an alley may be used only if the total area of the alley does not exceed 5’000 square cubits since this is the maximal size of farming or ranching corrals permitted for Sabbath use. Babli 23b.. If its sunshine is more than its shadow it is disqualified as sukkah⁵⁴Mishnah Sukkah 1:1. Since alleys usually have no roof, they are not expected to provide shade. but qualified for an alley. A roofed sukkah is disqualified, a roofed alley is qualified⁵⁵The essence of a sukkah is its makeshift thatched roof; it is not a sukkah if it has a waterproof roof. But if the entrance to an alley passes under a permanent roof at least 4 hand-breadths wide it does not need any other sign at the entrance. If the alley is open at both ends and one end is roofed, it is considered a dead-end alley. Cf. S. Liebermann, Tosephta ki-Fshutah part 3, p. 309, on Tosephta 1:7.. Rebbi Immi in the name of Rav Oshaia:⁵⁶It is difficult to decide between this reading, quoting Babylonians, and ס “R. Aḥa in the name of R. Hoshaia”, quoting Galileans. In the Babli 3a the rule is given in the name of other Babylonian Amoraim. Not only roofed, but if he put there a cross beam four hand-breadths wide, it makes the alley permitted⁵⁷A cross-beam 4 hand-breadths wide is a roof and not subject to any restrictions imposed on beams or laths in order to permit carrying in an alley..

Rebbi Jonah said: Rebbi Hoshaia asked, what do you say about that symbolic fence, on top or at the sides⁸⁹If four poles are put up at the four sides of the vineyard, does the string have to go from top to top, to create the impression of a gate, or is it strung at half height between the poles, to give the impression of a wall?? If you say on top, so much more on the sides. If you say on the sides, then not on the top. If you say on the top, Rebbi Ḥaggai said it correctly⁹⁰Since Mishnah Eruvin1:9 does not require the lowest rope to be within three hand-breadths of the ground, it is clear that even if the rows are strung high one needs three ropes rather than just one.. If you say from the sides, Rebbi Ḥaggai did not say anything⁹¹If the rope must be low, the case of פֵּיאָה is different from that of the Mishnah.. The rabbis of Caesarea in the name of Rebbi Jeremiah: Explain it if they were strung on forked poles⁹²If the poles have separate hooks so that each side has a complete arrangement of poles and rope, then even R. Ze`ira will admit that the rope forms a valid enclosure for the Sabbath. In this case, by necessity the rope is only on top. In this, the Yerushalmi parallels the final explanation of the Babli 11b, rejecting symbolic walls but accepting symbolic gates.,⁹Greek δίκρανον, τό..

Rav Joseph said, in fact we have stated¹⁴⁹While the technical term karmelit does not appear in the Mishnah, all the examples enumerated in the Tosephta are found in the Mishnah and the rules can be deduced from Mishnaic quotes. all of these. The sea as we have stated there¹⁵⁰Mishnah 11:5.: “One who in the sea throws four cubits is not liable.” Not only in the sea four cubits, but even if he throws the entire length of the sea he is not liable, for the entire sea is called karmelit¹⁵¹Since nobody can walk in the sea, it cannot be considered public domain..
A valley⁷³Karmelit is a part of the public domain not readily accessible to the public (Chapter 13 Note 68). The two main examples are “the sides of a thoroughfare”, the part of a street close to the houses if that part is not easy to use because of stairs extending from the houses or if the fronts of the houses do not form a straight line. The other is “valley”, a rural access path which is public domain, not a thoroughfare but meant only as a path for farmers working adjacent fields.
Since karmelit is not a thoroughfare (defined as road of at least 16 cubits width) it does not qualify as public domain for which transport from a private domain is forbidden. The statement of R. Joḥanan implies that he cannot consider walking as equivalent of standing still (Note 56) since transporting from a private domain to karmelit followed by transport from karmelit to public domain, while forbidden on the Sabbath, does not generate liability (Note 81).
(The etymology of the word karmelit is unknown. Cf. Accadic karmiš “like a ruin”.) as we have stated¹⁵²Mishnah Ṭaharot 6:4. The “valley” is agricultural domain accessible only by rural paths, not by a paved road. In the dry season, after the grain was cut and before the fields are ploughed for new seeds, the fields are accessible to everybody. Since there is nothing hidden there, it is like public domain for impurity but since it is not easy of access it cannot be considered public domain for the rules of the Sabbath.: “A valley during the dry season is private domain for the Sabbath but public domain for impurity¹⁵³Where any question of ritual impurity is resolved by presumption of purity, Soṭah1:2 Note 88.. During the rainy season it is (private) [public]¹⁵⁴The word in parentheses is from the text of the scribe here, the reading in the Mishnah, the quote in the Babli (Šabbat 6b, Bava batra 123b), and alluded to in Bava batra 9:8 (Note 87). The text in brackets is that of the first corrector. It was noted by Qorban Haˋedah (as emendation of the Venice text since the ms. was not accessible to this author) and supported by convincing arguments by S. Liebermann (תלמודא דקיסרין p. 17 Note 2, הירושלמי כפשוטו p. 15) and J. N. Epstein (Tarbiz 5, 1934, p. 264) that the text of the scribe is correct and the correction a corruption. In the rainy season the fields are sown, the grain is growing, and any trespass by unauthorized persons is criminal. There is no doubt that the fields have the status of private domain both for the Sabbath and for cases of doubt about impurity. domain for both.” If you say private domain for both it should not need surrounding by animals’ gear, but we have stated¹⁵⁵Mishnah Eruvin 1:8.
A caravan which in the dry season uses a “valley” as camping ground for a stay over the Sabbath is required to turn the fields into a guarded place by arranging the (camel or donkey) loads as a symbolic wall (of 10 hand-breadths height). In the interior then one may carry unrestrictedly. This proves that in the dry season the fields are not private domains in the commonly accepted sense; they are karmelit.: “If they surrounded it by animals’ gear one carries in the interior.”
A platform, as we have stated¹⁵⁶Mishnah Eruvin 9:5.: “And similarly one carries under open bridges on the Sabbath, the words of Rebbi Jehudah; but the rabbis forbid.¹⁵⁷It is supposed that the bridges are not simply a roadway on a flat support but that they have side walls extending somewhat under the roadway so that seen from below they delineate the space under the bridge. The Sages forbid to carry for four cubits or more in the informally defined space but they refrain from imposing liability; this proves that the prohibition is purely rabbinical; the space can be neither private nor public domain.”
A threshold¹⁵⁸This is a repetition of an earlier text as referred to by the Notes., as we have stated: ⁸¹Mishnah 10:2. “If one carries out foodstuffs and puts them on the threshold, whether he or somebody else carries them to the street there is no liability since it was not done in one action.”“If one carries out foodstuffs and puts them on the threshold; whether he or another person then carries it out, he is not liable since the work was not performed in one step.” Therefore if the work was completed in one step⁸⁹As noted before, the work of transporting consists of lifting, moving, and depositing. If this is done from private to public domain, it is a desecration of the Sabbath. But a combination of two actions, both involving karmelit and therefore not creating liability, still does not create liability. he would be liable. Ben Azzai said, even if he completed the work at one time he would not be liable.
Karmelit. Rebbi Ḥiyya stated: karmel “soft full”, neither moist nor dry but average¹⁵⁹The same etymology of the quadrilitteral כרמל is given in Sifra Wayyiqra I Parsheta 13(8), Pereq 15(1).. And here it is neither public nor private domain but karmelit. What is karmelit? Rebbi Yasa in the name of Rebbi Joḥanan, for example the store of Bar Justinus¹⁶⁰In the Babli (7a) the example is given of a stoa, a roofed domain bounded by pillars. Since such a stoa is a pedestrian mall, not accessible to vehicular traffic; if there is an additional obstacle to free circulation it becomes karmelit. S. Liebermann conjectured that the store in question was situated in such a stoa.. A multi-party courtyard and dead-end streets: if there is an eruv they are permitted, but if no eruv was made they are forbidden¹⁶¹A domain which is not public by biblical standards can be turned into a private domain by an eruv, “mixing” (of domains), by arranging the potential of a common meal for all interested persons. A genuinely public domain cannot be turned into a private domain. Therefore the domains mentioned as candidates for eruv cannot be public domains. They also cannot be private domains since then they would need no eruv..