Talmud Yerushalmi
Yerushalmi Eruvin 10:9 ירושלמי עירובין י׳:ט׳
Part of: Chapter 10
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משנה: לֹא יַעֲמוֹד אָדָם בִּרְשׁוּת הַיָחִיד וְיִפְתַּח בִּרְשׁוּת הָרַבִּים בִּרְשׁוּת הָרַבִּים וְיִפְתַּח בִּרְשׁוּת הַיָחִיד אֶלָּא אִם כֵּן עָשׂוּ לוֹ מְחִיצָה גְבוֹהָה עֲשָׂרָה טְפָחִים דִּבְרֵי רִבִּי מֵאִיר. אָמְרוּ לוֹ מַעֲשֶׂה בְשׁוּק שֶׁל פַּטָּמִין שֶׁהָיָה בִירוּשָׁלִַם שֶׁהָיוּ נוֹעֲלִין וּמַנִּיחִין אֶת הַמַּפְתֵּחַ בְּחַלּוֹן שֶׁעַל הַפֶּתַח. רִבִּי יוֹסֵה אוֹמֵר שׁוּק שֶׁל צַמָּרִין הָיָה:
MISHNAH: A person may not stand in a private domain and unlock in the public domain, in the public domain and unlock in a private domain unless there was made for him a partition ten hand-breadths high, the words of Rebbi Meïr21From the rules of the Sabbath it would be possible to take a key in the public domain either from a place not 4 cubits away or above 10 hand-breadths from the ground, open the door, and return the key. R. Meïr forbids, to avoid that the key inadvertently would be brought into the house (private domain) or be moved in the public domain lower than 10 hand-breadths from the ground. It is possible to use a key if the place of use is karmelit or private domain.. They told him, it happened at the market of the cattle feeders in Jerusalem that they locked up and put the key into the window above the door. Rebbi Yose says, it was the market of the wool vendors22They disagree about the facts of the case, not the underlying practice..
MISHNAH: A person may not stand in a private domain and unlock in the public domain, in the public domain and unlock in a private domain unless there was made for him a partition ten hand-breadths high, the words of Rebbi Meïr21From the rules of the Sabbath it would be possible to take a key in the public domain either from a place not 4 cubits away or above 10 hand-breadths from the ground, open the door, and return the key. R. Meïr forbids, to avoid that the key inadvertently would be brought into the house (private domain) or be moved in the public domain lower than 10 hand-breadths from the ground. It is possible to use a key if the place of use is karmelit or private domain.. They told him, it happened at the market of the cattle feeders in Jerusalem that they locked up and put the key into the window above the door. Rebbi Yose says, it was the market of the wool vendors22They disagree about the facts of the case, not the underlying practice..
הלכה: פיס׳. רִבִּי אָחָא רִבִּי חִינְנָה בְשֵׁם כַּהֲנָא. אֵין הֲלָכָה כְרִבִּי יוּדָה. רִבִּי אַבָּא בַּר פַּפַּי בָעֵי. לָמָּה עֲבַד רִבִּי מֵאִיר אֶת הַכּוֹתֶל. כְּגָמוּם כְּנָקוּב. אִין תֵּימַר כְּגָמוּם. אֲפִילוּ לְמַעֲלָה מֵעֲשָׂרָה מוּתָּר. אִין תֵּימַר כְּנָקוּב. אֲפִילוּ לְמַטָּה מֵעֲשָׂרָה אָסוּר. פֶּתַח גַּגּוֹת שֶׁיֵּשׁ לָהֶן בֵּית שַׁעַר. מִבִּפְנִים פּוֹתֵחַ וְנוֹעֵל מִבִּפְנִים. מִבַּחוּץ פּוֹתֵחַ וְנוֹעֵל מִבַּחוּץ. מִיכָּן וּמִיכָּן פּוֹתֵחַ וְנוֹעֵל מִיכָּן וּמִיכָּן. לֹא מִיכָּן וְלֹא מִיכָּן הֲרֵי זֶה נוֹטֵל אֶת הַמַּפְתֵּחַ וּפּוֹתֵחַ וְנוֹעֵל וּמַנִּיחוֹ בִּמְקוֹמוֹ. בַּמֶּה דְבָרִים אֲמוּרִים. בִּזְמַן שֶׁהַמַּנְעוּל לְמַעֲלָה מֵעֲשָׂרָה טְפָחִים. אֲבָל אִם הָיָה הַמַּנְעוּל לְמַטָּה מֵעֲשָׂרָה טְפָחִים. הֲרֵי זֶה נוֹטֵל אֶת הַמַּפְתֵּחַ מִתּוֹךְ הָאַסְקוּפָּה וּפּוֹתֵחַ וְנוֹעֵל וּמַנִּיחוֹ בִּמְקוֹמוֹ. דִּבְרֵי רִבִּי מֵאִיר. וַחֲכָמִים אוֹמְרִים. אַף עַל פִּי שֶׁהַמַּנְעוּל לְמַעֲלָה מֵעֲשָׂרָה טְפָחִים מֵבִיא הַמַּפְתֵּחַ מֵעֶרֶב שַׁבָּת וּפּוֹתֵח וְנִכְנַס וּמְטַלְטְלוֹ בְּתוֹךְ הַבָּיִת וְנוֹעֵל וְנוֹתְנוֹ בַּחוֹר לְמַעֲלָה מִן הַמַּשְׁקוֹף. אִם הָיָה הַחוֹר שֶׁלְאַרְבָּעָה טְפָחִים אָסוּר. שֶׁאֵין מִשְׁתַּמְּשִׁין מֵרְשׁוּת לִרְשׁוּת דֶּרֶךְ רְשׁוּת. הָדָא אָמְרָה. כְּגָמוּם עֲבַד לָהּ רִבִּי יוּדָה. נִיחָא מִבִּפְנִים צָרִיךְ בֵּית שַׁעַר. מִבַּחוּץ צָרִיךְ בֵּית שַׁעַר. לֹא נִמְצְאוּ שְׁתֵּי רְשׁוּיוֹת מִשְׁתַּמְּשׁוֹת בִּרְשׁוּת אַחַת.
HALAKHAH: Paragraph120Discussion of Mishnah 8.. Rebbi Aḥa, Rebbi Ḥinena in the name of Cahana: Practice does not follow Rebbi Jehudah121R. Jehudah is not mentioned in the Mishnah. Since the second mention of R. Jehudah at the end of the paragraph clearly should read “R. Meïr”, one may assume that here also one should read “R. Meïr”.. Rebbi Abba bar Pappai asked: How did Rebbi Meïr treat the wall, as hollowed out or as pierced? If you say as hollowed out, even higher than ten [hand-breadths] it should be permitted. If you say as pierced, even below ten [hand-breadths] it should be prohibited122The discussion is not about the Mishnah, where R. Meïr requires that the door be entirely part of a private domain, but about the Tosephta quoted in the sequel. If R. Meïr considers any dent in the wall or in the door as a 4-by-4 cavity, this should make no difference if it is more than 10 hand-breadths above the ground since one is permitted to move things from exempt space to karmelit. But if it is considered a hole open on both sides, i. e., connected to and being part of a private domain, then putting the key from the outside into the keyhole would be transporting from the public to a private domain and forbidden.. “123Related texts are Tosephta 8:12, Babli 101b. The door of garden plots which have a gatekeeper’s lodge124Which is not built as a dwelling. In the first part of the Tosephta the door in question is assumed to be between the lodge and the gardens. “From the inside, from the outside” refers to the position of the door-handle which allows to open or close the door from that direction., from the inside he opens and locks from the inside; from the outside he opens and locks from the outside; from both sides he opens and locks from both sides; from neither side he takes the key, opens and locks, and returns it to its place. When has this been said? If the lock is higher than ten hand-breadths. But if the lock is lower than ten hand-breadths he takes the key from the threshold, opens and locks, and returns it to its place, the words of Rebbi Meïr125Here is no gatekeeper’s lodge. Since the threshold is karmelit, it follows that the keyhole also is considered karmelit; this proves that R. Meïr treats the keyhole not as part of the private domain.. But the Sages are saying, even if the lock is higher than ten hand-breadths he brings the key on Friday, opens, enters, and moves it inside the house, locks, and puts it into a hole above the lintel126Since they treat the hole as karmelit (below 10 hand-breadths) or exempt space (above 10 hand-breadths) as long as its real dimensions are less than 4-by-4 handbreadths.. If the hole was four hand-breadths wide it is forbidden, for one does not use one domain from another domain through a third domain127From public domain through exempt space to private domain..” This implies that Rebbi Jehudah treats it as hollowed out125Here is no gatekeeper’s lodge. Since the threshold is karmelit, it follows that the keyhole also is considered karmelit; this proves that R. Meïr treats the keyhole not as part of the private domain.. One understands that from the inside it needs a gatekeeper’s lodge. Why does it need a gatekeper’s lodge from the outside? Does it not turn out that two domains use one domain128In the first part of the baraita one understands that a gatekeeper’s lodge is needed so that in any case there is no carrying from a private domain to the public one. But from the outside, where the Sages of the Mishnah permit putting the key into a hole above the lintel, why should R. Meïr require an intermediate space? If one assumes that the door opens to the inside, the person standing at the outside has access to the inside through the karmelit represented by the threshold.?
HALAKHAH: Paragraph120Discussion of Mishnah 8.. Rebbi Aḥa, Rebbi Ḥinena in the name of Cahana: Practice does not follow Rebbi Jehudah121R. Jehudah is not mentioned in the Mishnah. Since the second mention of R. Jehudah at the end of the paragraph clearly should read “R. Meïr”, one may assume that here also one should read “R. Meïr”.. Rebbi Abba bar Pappai asked: How did Rebbi Meïr treat the wall, as hollowed out or as pierced? If you say as hollowed out, even higher than ten [hand-breadths] it should be permitted. If you say as pierced, even below ten [hand-breadths] it should be prohibited122The discussion is not about the Mishnah, where R. Meïr requires that the door be entirely part of a private domain, but about the Tosephta quoted in the sequel. If R. Meïr considers any dent in the wall or in the door as a 4-by-4 cavity, this should make no difference if it is more than 10 hand-breadths above the ground since one is permitted to move things from exempt space to karmelit. But if it is considered a hole open on both sides, i. e., connected to and being part of a private domain, then putting the key from the outside into the keyhole would be transporting from the public to a private domain and forbidden.. “123Related texts are Tosephta 8:12, Babli 101b. The door of garden plots which have a gatekeeper’s lodge124Which is not built as a dwelling. In the first part of the Tosephta the door in question is assumed to be between the lodge and the gardens. “From the inside, from the outside” refers to the position of the door-handle which allows to open or close the door from that direction., from the inside he opens and locks from the inside; from the outside he opens and locks from the outside; from both sides he opens and locks from both sides; from neither side he takes the key, opens and locks, and returns it to its place. When has this been said? If the lock is higher than ten hand-breadths. But if the lock is lower than ten hand-breadths he takes the key from the threshold, opens and locks, and returns it to its place, the words of Rebbi Meïr125Here is no gatekeeper’s lodge. Since the threshold is karmelit, it follows that the keyhole also is considered karmelit; this proves that R. Meïr treats the keyhole not as part of the private domain.. But the Sages are saying, even if the lock is higher than ten hand-breadths he brings the key on Friday, opens, enters, and moves it inside the house, locks, and puts it into a hole above the lintel126Since they treat the hole as karmelit (below 10 hand-breadths) or exempt space (above 10 hand-breadths) as long as its real dimensions are less than 4-by-4 handbreadths.. If the hole was four hand-breadths wide it is forbidden, for one does not use one domain from another domain through a third domain127From public domain through exempt space to private domain..” This implies that Rebbi Jehudah treats it as hollowed out125Here is no gatekeeper’s lodge. Since the threshold is karmelit, it follows that the keyhole also is considered karmelit; this proves that R. Meïr treats the keyhole not as part of the private domain.. One understands that from the inside it needs a gatekeeper’s lodge. Why does it need a gatekeper’s lodge from the outside? Does it not turn out that two domains use one domain128In the first part of the baraita one understands that a gatekeeper’s lodge is needed so that in any case there is no carrying from a private domain to the public one. But from the outside, where the Sages of the Mishnah permit putting the key into a hole above the lintel, why should R. Meïr require an intermediate space? If one assumes that the door opens to the inside, the person standing at the outside has access to the inside through the karmelit represented by the threshold.?