תלמוד על ביצה 4:1

It was stated:¹⁰⁶Tosephta 2:15, about the eruv deposited in a tower when the key was lost. “Rebbi Eliezer¹⁰⁷With G and the Tosephta read: Eleazar. says, if it was lost in the field his eruv is not a [valid] eruv; if it was lost in town his eruv is a [valid] eruv.” If it was lost in the field his eruv is not a [valid] eruv, for he cannot bring it¹⁰⁸A replacement key. in a Sabbath way. If it was lost in town his eruv is a [valid] eruv, for he can bring it through exempt space¹⁰⁹Since the roofs of houses are exempt space (Šabbat 1 Note 109), in theory one may move things there even without an eruv by climbing over rooftops.. Rebbi Eleazar said it correctly: what is the reason (of Rav) [of the rabbis]¹¹⁰The correct reading is that of G [in brackets]. The rabbis are the opponents of R. Eleazar in the Tosephta.? Rebbi Abba the son of Rav Pappai said, it is Rebbi Meïr’s since Rebbi Meïr said, “he even originally reduces and takes.¹¹¹Mishnah Besah 4:3. If produce is stored in a makeshift building formed by bricks without mortar, R. Meïr permits removing bricks to create an opening to get to the produce.” Rebbi Meïr said this only for a holiday, maybe for the Sabbath¹¹²It is true that removing bricks which were laid without mortar cannot be classified as destroying a building by biblical standards, but this does not imply that the rabbinic prohibition of this activity was waved on a Sabbath where preparation of food is forbidden.? But here we are concerned with the Sabbath! Rebbi Abba Mari said, it is Rebbi Eliezer ben Jacob’s, as we have stated there¹¹³Mishnah Šabbat 15:2, Note 6., “Rebbi Eliezer ben Jacob said, one may tie in front of an animal that it should not leave.” There is no difference between tying and locking. That means, about a stone tower. But for a wooden tower he is like one who breaks the amphora to eat dried figs from it¹¹⁴Which is permitted on the Sabbath, Mishnah Šabbat 22:3. Quoted Tosaphot 34b s. v. ואמאי..

“The House of Shammai say, one may not take¹²⁸On the holiday one may not take a pigeon to slaughter as food unless he took the bird in his hand and reserved it for that purpose before the start of the holiday. But for the House of Hillel a timely declaration of intent is enough. unless one had moved when it was still daylight.” The argument of the House of Shammai seems inverted, as we have stated there¹³⁵Mishnah 4:7.: “In addition, Rebbi Eliezer said, a person stands near the drying figs Friday afternoon in a Sabbatical year¹³⁶Since produce is ownerless in the Sabbatical year, no tithes do apply. The same statement would apply in a regular year if tithes had been given from the drying figs. But since the obligation of tithes applies only to produce ready to be used, fig cakes (and raisins) usually are tithed only if they are fully dry. Since no tithes are due, a declaration of intent is all that is needed to make the food usable on Sabbath or holiday; no physical action is required. and says, from here I shall eat tomorrow.” Is Rebbi Eliezer not a Shammaite¹³⁷And therefore his statement should be logically consistent with the Mishnah of the House of Shammai. A parallel to this paragraph is in Halakhah 4:7.? One is restrictive if living things are involved.

“The House of Hillel say, he may stand there and say, this and that I shall take.” The argument of the House of Hillel seems inverted, as we have stated there¹³⁵Mishnah 4:7.: “But the Sages say, only if he delineates and says, from here to there;” and here they are saying so? Still they hold that one is restrictive if living things are involved¹³⁸While for fig cake the delineation of the heap from which one may take on the holiday is enough, for living birds one requires a declaration which individual birds are selected for the holiday.. Rebbi Yose ben Rebbi Abun said, Levi was knocking on his dovecote and saying, my dovecote shall provide me tomorrow¹³⁹Levi (ben Sisi) holds that for the House of Hillel the entire dovecote is selected, one does not need separate identification of the birds and Mishnaiot 1:3 and 4:7 are totally parallel. Cf. Halakhah 4:7..