Talmud Yerushalmi
Yerushalmi Eruvin 1:7 ירושלמי עירובין א׳:ז׳
Part of: Chapter 1
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משנה: בַּכֹּל עוֹשִׂין לְחָיַיִם אֲפִילּוּ בְדָבָר שֶׁיֶשׁ בּוֹ רוּחַ חַיִים רַבִּי מֵאִיר אוֹסֵר. וּמְטַמֵּא מִשּׁוּם גּוֹלֵל וְרַבִּי מֵאִיר מְטַהֵר. כּוֹתְבִין עָלָיו גִּיטֵּי נָשִׁים וְרַבִּי יוֹסֵי הַגְּלִילִי פּוֹסֵל:
MISHNAH: One may use anything for laths, even living things16One may tie an animal which is at least ten hand-breadths high to the entrance of an alley as a symbolic lath. R. Meїr requires the lath to be permanently fixed.; Rebbi Meїr forbids this. And it makes impure because of a cover stone17If an animal is used to cover a grave, it acts as a grave stone and touching it transmits the severe impurity of the dead. For R. Meїr a living animal cannot play the role of a grave stone, therefore its body is a roof over the corpse and acts as a shield against transmission of impurity., but Rebbi Meїr declares it pure. One writes on it divorce documents18The husband may write the text of the divorce document and have the witnesses sign on the horns of a cow and hand over the cow to the wife, Mishnah Giṭṭin 2:3, where R. Yose the Galilean also rejects foodstuffs as writing material for divorce documents. but Rebbi Yose the Galilean disqualifies.
MISHNAH: One may use anything for laths, even living things16One may tie an animal which is at least ten hand-breadths high to the entrance of an alley as a symbolic lath. R. Meїr requires the lath to be permanently fixed.; Rebbi Meїr forbids this. And it makes impure because of a cover stone17If an animal is used to cover a grave, it acts as a grave stone and touching it transmits the severe impurity of the dead. For R. Meїr a living animal cannot play the role of a grave stone, therefore its body is a roof over the corpse and acts as a shield against transmission of impurity., but Rebbi Meїr declares it pure. One writes on it divorce documents18The husband may write the text of the divorce document and have the witnesses sign on the horns of a cow and hand over the cow to the wife, Mishnah Giṭṭin 2:3, where R. Yose the Galilean also rejects foodstuffs as writing material for divorce documents. but Rebbi Yose the Galilean disqualifies.
הלכה: בַּכֹּל עוֹשִׂין לְחָיַיִם כול׳. תַּנֵּי. כָּל דָּבָר שֶׁיֵּשׁ בּוֹ רוּחַ חַיִּים עוֹשִׂין אוֹתוֹ דוֹפָן וְאֵין עוֹשִׂין אוֹתוֹ לֶחִי. דִּבְרֵי רִבִּי מֵאִיר. וַחֲכָמִים אוֹמְרִים. אֵין עוֹשִׂין אוֹתוֹ דוֹפָן אֲבָל עוֹשִׂין אוֹתוֹ לֶחִי. אָמַר רִבִּי אָחָא. חַד תַּנָּא הוּא. מָאן דָּמַר. עוֹשִׂין אוֹתוֹ דוֹפָן. עוֹשִׂין אוֹתוֹ לֶחִי. וּמָאן דָּמַר. אֵין עוֹשִׂין אוֹתוֹ דוֹפָן. אֵין עוֹשִׂין אוֹתוֹ לֶחִי. אָמַר רִבִּי יוֹסֵה. תְּרֵין תַּנָּאִין אִינּוּן. וְלָמָּה עוֹשִׂין אוֹתוֹ דוֹפָן. שֶׁאִילּוּ יִשָּׁמֵט אֵינוֹ מַרְגִּישׁ. וְאֵין עוֹשִׂין אוֹתוֹ לֶחִי. שֶׁאִילּוּ יִשָּׁמֵט הוּא מַרְגִּישׁ. קָם רִבִּי יוֹשׁוּעַ דְּרוֹמִיָּא עִם תַּלְמִידוֹי דְּרִבִּי אָחָא. אָמְרוּ לוֹ. אָמְרִין דְּבַתְרֵיהּ. דְּהִיא פְלִיגָא עַל רַבְּכוֹן. וַחֲכָמִים אוֹמְרִים. אֵין עוֹשִׂין אוֹתוֹ דוֹפָן אֲבָל עוֹשִׂין אוֹתוֹ לֶחִי. מַה אִם בְּשָׁעָה שֶׁאִילּוּ יִשָּׁמֵט אֵינוֹ מַרְגִּישׁ אַתְּ אָמַר. מוּתָּר. כָּאן שֶׁאִילּוּ יִשָּׁמֵט הוּא מַרְגִּישׁ. לֹא כָל שֶׁכֵּן. הֲוֵי. תְּרֵין תַּנָּיִין אִינּוּן עַל דְּרְבִּי אָחָא. הֵיכְמַה דְתֵימַר תַּמָּן. תְּרֵין תַּנָּיִין אִינּוּן עַל דְּרִבִּי יוֹסֵי. כֵּן אַתְּ אָמַר אוֹף הָכָא. תְּרֵין תַּנָּיִין אִינּוּן עַל דְּרִבִּי אָחָא.
HALAKHAH: “One may use anything for laths,” etc. It was stated: Anything alive one makes into a sidewall225The wall of a booth for Tabernacles. but one does not make it into a lath, the words of Rebbi Meïr, but the Sages say, one does not make it into a sidewall but makes it into a lath. Rebbi Aḥa said, there is one Tanna; for him who says that one makes it into a sidewall one makes it into a lath, and for him who says that one does not make it into a sidewall one does not make it into a lath226He asserts that both for R. Meïr and for the Sages there is no difference between the rules for Sukkah and Eruvin as far as use of animals is concerned; their only difference is whether such use is permitted or not. One statement covers both cases.. Rebbi Yose said, there are two Tannaim. Why could one make it into a sidewall? For if it would slip off, would he not notice? Why does one not make it into a lath? For if it would slip off, would he notice227There is a reason to differentiate between the rules of Sukkah and Eruvin. A person using the booth will immediately notice if a wall is missing; if the animal runs away he will not use the booth. But a person using the alley may not see the place of the lath; if the animal runs away he might use the alley to carry when it is forbidden to do so.? Rebbi Joshua the Southerner was standing with students of Rebbi Aḥa. (They said to him) [He said to them]228The reading of [G] is preferable over that of (the Leiden ms.), it is said at the end what disagrees with your teacher: But the Sages say, one does not make it into a sidewall but makes it into a lath. Since in a situation where he would not notice in case it slipped off you are saying that it is permitted, here where he would notice in case it slipped off not so much more? Therefore there must be two Tannaim according to Rebbi Aḥa229Since R. Yose has shown that it is unreasonable to allow animals to be used for eruvin, the only question is whether the use is permitted for a sukkah or not.. Since you are saying that there are two Tannaim according to Rebbi Yose, so you also have to say here, there are two Tannaim according to Rebbi Aḥa.
HALAKHAH: “One may use anything for laths,” etc. It was stated: Anything alive one makes into a sidewall225The wall of a booth for Tabernacles. but one does not make it into a lath, the words of Rebbi Meïr, but the Sages say, one does not make it into a sidewall but makes it into a lath. Rebbi Aḥa said, there is one Tanna; for him who says that one makes it into a sidewall one makes it into a lath, and for him who says that one does not make it into a sidewall one does not make it into a lath226He asserts that both for R. Meïr and for the Sages there is no difference between the rules for Sukkah and Eruvin as far as use of animals is concerned; their only difference is whether such use is permitted or not. One statement covers both cases.. Rebbi Yose said, there are two Tannaim. Why could one make it into a sidewall? For if it would slip off, would he not notice? Why does one not make it into a lath? For if it would slip off, would he notice227There is a reason to differentiate between the rules of Sukkah and Eruvin. A person using the booth will immediately notice if a wall is missing; if the animal runs away he will not use the booth. But a person using the alley may not see the place of the lath; if the animal runs away he might use the alley to carry when it is forbidden to do so.? Rebbi Joshua the Southerner was standing with students of Rebbi Aḥa. (They said to him) [He said to them]228The reading of [G] is preferable over that of (the Leiden ms.), it is said at the end what disagrees with your teacher: But the Sages say, one does not make it into a sidewall but makes it into a lath. Since in a situation where he would not notice in case it slipped off you are saying that it is permitted, here where he would notice in case it slipped off not so much more? Therefore there must be two Tannaim according to Rebbi Aḥa229Since R. Yose has shown that it is unreasonable to allow animals to be used for eruvin, the only question is whether the use is permitted for a sukkah or not.. Since you are saying that there are two Tannaim according to Rebbi Yose, so you also have to say here, there are two Tannaim according to Rebbi Aḥa.
רִבִּי שִׁמְעוֹן בַּר כַּרְסָנָא בְשֵׁם רִבִּי אָחָא. רִבִּי מֵאִיר וְרִבִּי יוֹסֵה וְרִבִּי אֶלְעָזָר בֶּן עֲזַרְיָה שְׁלָשְׁתָּן אָמְרוּ דָבָר אֶחָד. רִבִּי מֵאִיר דִּלְחָיַיִם. מְטַמֵּא מִשּׁוּם גּוֹלֵל. רַבִּי מֵאִיר מְטַהֵר. רִבִּי יוֹסֵה דַאֲהִילוּת. רַבִּי יוֹסֵה אוֹמֵר. הַבַּיִת שֶׁבַּסְּפִינָה אֵינוֹ מֵבִיא אֶת הַטּוּמְאָה. רִבִּי אֶלְעָזָר בֶּן עֲזַרְיָה. דְּתַנֵּי. מַעֲשֶׂה בְּירִבִּי אֶלְעָזָר בֶּן עֲזַרְיָה וְרִבִּי עֲקִיבָה שֶׁהָיוּ בָאִין בִּסְפִינָּה. וְעָשָׂה רִבִּי עֲקִיבָה סוּכָּה בְרֹאשׁ הַסְּפִינָּה. וּבָאָת הָרוּחַ וְהִפְרִיחָתָהּ. אָמַר לוֹ רִבִּי אֶלְעָזָר בֶּן עֲזַרְיָה. עֲקִיבָה. הֵיכָן סוּכָּתָךְ.
230This paragraph also is in Sukkah 2:4 (52d l.60, ס). Rebbi Simeon bar Carsana in the name of Rebbi Aḥa: Rebbi Meïr, and Rebbi Yose, and Rebbi Eleazar ben Azariah, all three said the same. Rebbi Meïr of the laths, “it makes impure because of a cover stone17If an animal is used to cover a grave, it acts as a grave stone and touching it transmits the severe impurity of the dead. For R. Meїr a living animal cannot play the role of a grave stone, therefore its body is a roof over the corpse and acts as a shield against transmission of impurity., but Rebbi Meïr declares it pure.231As explained in the previous paragraph, an animal may run away and therefore is not under the rules of a stone in any way.” Rebbi Yose of Ahilut, “Rebbi Yose said, the house on a ship does not transmit impurity232Since the house is built to be moved all the time it does not qualify as “tent” and the rules of “tent impurity” do not apply to it..” Rebbi Eleazar ben Azariah, as it was stated: It happened that Rebbi Eleazar ben Azariah and Rebbi Aqiba came in a ship, and Rebbi Aqiba made himself a sukkah on the ship’s deck. There came a wind which blew it away. Rebbi Eleazar ben Azariah said to him, Aqiba, where is your sukkah233R. Eleazar ben Azariah did not make a sukkah on the ship since he holds that since such a sukkah is not guaranteed to stay for the 8 days of Tabernacles it is not qualified even if the wind does not blow it away.?
230This paragraph also is in Sukkah 2:4 (52d l.60, ס). Rebbi Simeon bar Carsana in the name of Rebbi Aḥa: Rebbi Meïr, and Rebbi Yose, and Rebbi Eleazar ben Azariah, all three said the same. Rebbi Meïr of the laths, “it makes impure because of a cover stone17If an animal is used to cover a grave, it acts as a grave stone and touching it transmits the severe impurity of the dead. For R. Meїr a living animal cannot play the role of a grave stone, therefore its body is a roof over the corpse and acts as a shield against transmission of impurity., but Rebbi Meïr declares it pure.231As explained in the previous paragraph, an animal may run away and therefore is not under the rules of a stone in any way.” Rebbi Yose of Ahilut, “Rebbi Yose said, the house on a ship does not transmit impurity232Since the house is built to be moved all the time it does not qualify as “tent” and the rules of “tent impurity” do not apply to it..” Rebbi Eleazar ben Azariah, as it was stated: It happened that Rebbi Eleazar ben Azariah and Rebbi Aqiba came in a ship, and Rebbi Aqiba made himself a sukkah on the ship’s deck. There came a wind which blew it away. Rebbi Eleazar ben Azariah said to him, Aqiba, where is your sukkah233R. Eleazar ben Azariah did not make a sukkah on the ship since he holds that since such a sukkah is not guaranteed to stay for the 8 days of Tabernacles it is not qualified even if the wind does not blow it away.?
מַה טַעֲמָהּ דְּרִבִּי יוֹסֵי הַגָּלִילִי. סֶפֶר. מַה סֶפֶר מְיוּחַד שֶׁאֵין בּוֹ רוּחַ חַיִים. אַף כָּל דָּבָר שֶׁאֵין בּוֹ רוּחַ חַיִים. מַה סֶפֶר דָּבָר מְיוּחַד שֶׁאֵינוֹ אוֹכֶל. אַף כָּל שֶׁאֵינוֹ אוֹכֶל. מַה טַעֲמוֹן דְּרַבָּנִן. מַה סֶפֶר מְיוּחַד שֶׁהוּא בְתָלוּשׁ. אַף כָּל דָּבָר שֶׁהוּא בְתָלוּשׁ. עַל דַּעְתֵּיהּ דְּרִבִּי יוֹסֵי הַגָּלִילִי יָדוֹת אוֹכְלִין כְּאוֹכְלִין. נִישְׁמְעִינָהּ מִן הָדָא. כְּתָבוֹ עַל קֶרֶן הַצְּבִי וּגְדָדוֹ וַחֲתָמוֹ וּנְתָנוֹ לָהּ. כָּשֵׁר. מִפְּנֵי שֶׁגְּדָדוֹ וְאַחַר כָּךְ חֲתָמוֹ. הָא אִם חֲתָמוֹ וְאַחַר כָּךְ גְדָדוֹ. לֹא. רִבִּי אָחָא בְשֵׁם רִבִּי מְיָישָׁא. וְהוּא שֶׁכָּתַב עַל זִכְרוּתוֹ שֶׁלְקֶרֶן. אֲבָל אִם כָּתַב עַל נַרְתֵיקוֹ. כְּפָרושׁ הוּא וְכָשֵׁר. רִבִּי יוֹנָה בָעֵי. אַף לְעִנָיַין הֶכְשֵׁר זְרָעִים כֵּן. הֵיךְ עֲבִידָא. חִישֵּׁב עֲלֵיהֶן שֶׁיֵּרְדוּ עַל הַבְּהֵמָה וּמִן הַבְּהֵמָה עַל הָאוֹכְלִין. תַּמָן אָמַר רִבִּי יוֹסֵי הַגָּלִילִי. סֶפֶר. מַה סֶפֶר מְיוּחַד שֶׁאֵין בּוֹ רוּחַ חַיִים. אַף כָּל דָּבָר שֶׁאֵין בּוֹ רוּחַ חַיִים. אוֹף הָכָא כֵן. אוֹ שַׁנְיָיא הִיא. דִּכְתִיב וְכָל מַשְׁקֶה אֲשֶׁר יִשָּׁתֶה בְּכָל כְּלִי יִטְמָא. מֵעַתָּה אֲפִילוּ חִישֵּׁב שֶׁיֵּרְדוּ לְבוֹרוֹת לְשִׁיחִין וּמְעָרוֹת. שַׁנְיָיא הִיא הָכָא. דִּכְתִיב כְּלִי.
234The entire paragraph, dealing with divorce documents, is from Gittin 2:3, explained there in Notes 83–97. What is Rebbi Yose the Galilean’s reason? Scroll. Since a scroll is special in not being a living being, so no living being. Since a scroll is special in not being food, so no food. What is the rabbis’ reason? Scroll Since a scroll is detached, so everything being detached. Are stalks of food in Rebbi Yose the Galilean’s opinion like food? Let us hear from the following: If he wrote it on a deer’s antlers, shaved it off, had it signed, and gave it to her, it is valid. Because he shaved it off before he had it signed. Therefore, not if he had it signed and afterwards shaved it off. Rebbi Aḥa in the name of Rebbi Miasha: Only if he wrote on the male horn. But if he wrote on the sheath235Greek νάρθηξ, -ηκος, ὁ. it is as if separated and is valid. Rebbi Jonah asked: Is that the same for preparation of produce? If he desired that it should rain on an animal and [the rain] dripped from the animal onto food. There, Rebbi Yose said scroll, since a scroll is special in not being a living being, so no living being; and here, does he say so? There is a difference since it is written236Lev. 11:34., any drinkable drink in any vessel shall be impure. Then also if it rained into cisterns, ditches and caves? There is a difference here, for it is written: a vessel.
234The entire paragraph, dealing with divorce documents, is from Gittin 2:3, explained there in Notes 83–97. What is Rebbi Yose the Galilean’s reason? Scroll. Since a scroll is special in not being a living being, so no living being. Since a scroll is special in not being food, so no food. What is the rabbis’ reason? Scroll Since a scroll is detached, so everything being detached. Are stalks of food in Rebbi Yose the Galilean’s opinion like food? Let us hear from the following: If he wrote it on a deer’s antlers, shaved it off, had it signed, and gave it to her, it is valid. Because he shaved it off before he had it signed. Therefore, not if he had it signed and afterwards shaved it off. Rebbi Aḥa in the name of Rebbi Miasha: Only if he wrote on the male horn. But if he wrote on the sheath235Greek νάρθηξ, -ηκος, ὁ. it is as if separated and is valid. Rebbi Jonah asked: Is that the same for preparation of produce? If he desired that it should rain on an animal and [the rain] dripped from the animal onto food. There, Rebbi Yose said scroll, since a scroll is special in not being a living being, so no living being; and here, does he say so? There is a difference since it is written236Lev. 11:34., any drinkable drink in any vessel shall be impure. Then also if it rained into cisterns, ditches and caves? There is a difference here, for it is written: a vessel.