Talmud Yerushalmi
Yerushalmi Eruvin 6:3 ירושלמי עירובין ו׳:ג׳
Part of: Chapter 6
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משנה: אַנְשֵׁי חָצֵר שֶׁשָּׁכַח אֶחָד מֵהֶן וְלֹא עֵירֵב בֵּיתוֹ אָסוּר מִלְּהַכְנִיס וּלְהוֹצִיא לוֹ וְלָהֶם וְשֶׁלָּהֶם מוּתָּרִין לוֹ וְלָהֶן. נָתְנוּ לוֹ רְשׁוּתָן הוּא מוּתָּר וְהֵן אֲסוּרִין. הָיוּ שְׁנַיִם אוֹסְרִין זֶה עַל זֶה שֶׁאֶחָד נוֹתֵן רְשׁוּת וְנוֹטֵל רְשׁוּת וּשְׁנַיִם נוֹתְנִין רְשׁוּת וְאֵינָן נוֹטְלִין רְשׁוּת:
MISHNAH: In a courtyard where one dweller forgot to make an eruv, his house is forbidden for him and them to bring anything in or take out7If he does not participate in the eruv, the courtyard has the status of (rabbinic) public domain for his house. This status is of the house, not the person; it applies to everybody., but theirs are permitted for them and him8The eruv makes the courtyard the common domain of the remaining houses; this status also is of the houses, not the persons; it applies to everybody.. If they ceded their rights to him, he is permitted but they are forbidden9In this case there is no eruv.. If there were two they forbid one another since a single individual cedes rights and accepts rights but two may cede rights but cannot accept rights10While they may not accept ceded rights from a Jew they may buy the rights to carry in the courtyard from a Gentile dwelling there. Once the Gentile has accepted payment he cannot retract his cessation even if he should use courtyard or alley for which he received the money..
MISHNAH: In a courtyard where one dweller forgot to make an eruv, his house is forbidden for him and them to bring anything in or take out7If he does not participate in the eruv, the courtyard has the status of (rabbinic) public domain for his house. This status is of the house, not the person; it applies to everybody., but theirs are permitted for them and him8The eruv makes the courtyard the common domain of the remaining houses; this status also is of the houses, not the persons; it applies to everybody.. If they ceded their rights to him, he is permitted but they are forbidden9In this case there is no eruv.. If there were two they forbid one another since a single individual cedes rights and accepts rights but two may cede rights but cannot accept rights10While they may not accept ceded rights from a Jew they may buy the rights to carry in the courtyard from a Gentile dwelling there. Once the Gentile has accepted payment he cannot retract his cessation even if he should use courtyard or alley for which he received the money..
הלכה: פיס׳. אַנְשֵׁי חָצֵר שֶׁשָּׁכַח אֶחָד מֵהֶן וְלֹא עֵירֵב כול׳. שֶׁלָּהֶם מוּתָּרִין לוֹ וְלָהֶם. שֶׁבִּיטֵּל רְשׁוּתוֹ. מָהוּ שֶׁתַּחֲזוֹר חָלִילָה. תַּלְמִידוֹי דְרַב בְּשֵׁם רַב. חוֹזֶרֶת חָלִילָה. שְׁמוּאֵל אָמַר. אֵין חוֹזֶרֶת חָלִילָה. מַתְנִיתָא פְלִיגְא עַל שְׁמוּאֵל. שֶׁלָּהֶם מוּתָּרִין לוֹ וְלָהֶם. שֶׁבִּיטֵּל רְשׁוּתוֹ. וְהָתַנִּינָן נָתְנוּ לוֹ רְשׁוּתָן. הוּא מוּתָּר וְהֵן אֲסוּרִין. פָּתַר לָהּ. לִצְדָדִין הִיא מַתְנִיתָא.
HALAKHAH: Paragraph54Discussion of Mishnah 3.. “In a courtyard where one dweller forgot to make an eruv,” etc. “But theirs are permitted for them and him8The eruv makes the courtyard the common domain of the remaining houses; this status also is of the houses, not the persons; it applies to everybody..” Because he ceded his rights. May this be repeated cyclically55If n people dwell in a courtyard and they made no eruv, may n-1 of them temporarily cede their rights to one to use the courtyard on the Sabbath, until each of them had his possibility of use, and then start the procedure anew? Babli 69b.? The students of Rav in the name of Rav: it may be repeated cyclically. Samuel said, it may not be repeated cyclically. The Mishnah disagrees with Samuel: “theirs are permitted for them and him56How could it be permitted to him if not that the others had ceded their rights to him?.” Because he ceded his rights57The preceding argument is no good. Since he ceded his rights he is like a visitor to the courtyard whose presence is irrelevant.. But did we not state: “If they ceded their rights to him, he is permitted but they are forbidden58In the first sentence of the Mishnah, one ceded to the many. In the second sentence, the many ceded to one. This seems to prove that one may change the arrangements on the Sabbath.”? He explains it that the Mishnah treats different cases59The Mishnah describes different situations occurring on different Sabbaths..
HALAKHAH: Paragraph54Discussion of Mishnah 3.. “In a courtyard where one dweller forgot to make an eruv,” etc. “But theirs are permitted for them and him8The eruv makes the courtyard the common domain of the remaining houses; this status also is of the houses, not the persons; it applies to everybody..” Because he ceded his rights. May this be repeated cyclically55If n people dwell in a courtyard and they made no eruv, may n-1 of them temporarily cede their rights to one to use the courtyard on the Sabbath, until each of them had his possibility of use, and then start the procedure anew? Babli 69b.? The students of Rav in the name of Rav: it may be repeated cyclically. Samuel said, it may not be repeated cyclically. The Mishnah disagrees with Samuel: “theirs are permitted for them and him56How could it be permitted to him if not that the others had ceded their rights to him?.” Because he ceded his rights57The preceding argument is no good. Since he ceded his rights he is like a visitor to the courtyard whose presence is irrelevant.. But did we not state: “If they ceded their rights to him, he is permitted but they are forbidden58In the first sentence of the Mishnah, one ceded to the many. In the second sentence, the many ceded to one. This seems to prove that one may change the arrangements on the Sabbath.”? He explains it that the Mishnah treats different cases59The Mishnah describes different situations occurring on different Sabbaths..
תַּנֵּי. אֶחָד שֶׁלֹּא עֵירֵב נוֹתֵן רְשׁוּת לִשְׁנַיִם שֵׁעֵירְבוּ. וְאֵין שְׁנַיִם שֶׁעֵירְבוּ נוֹתְנִין רְשׁוּת לִאֶחָד שֶׁלֹּא עֵירֵב. וְלֹא שְׁנַיִם שֶׁעֵירְבוּ נוֹתְנִין רְשׁוּת לִשְׁנַיִם שֶׁלֹּא עֵירְבוּ. וְלֹא שְׁנַיִם שֶׁלֹּא עֵירְבוּ נוֹתְנִין רְשׁוּת לִשְׁנַים שֶׁעֵירְבוּ. וְאֵין שְׁנַיִם שֶׁלֹּא עֵירְבוּ נוֹתְנִין רְשׁוּת לִשְׁנַיִם שֶׁלֹּא עֵירֵיבוּ. הַכֹּל נוֹתְנִין רְשׁוּת וְנוֹטְלִין רְשׁוּת חוּץ מִשְּׁנַיִם שֶׁלֹּא עֵירְבוּ שֶׁהֵן נוֹתְנִין רְשׁוּת וְאֵינָן נוֹטְלִין רְשׁוּת.
It was stated60Tosephta 5:17, Babli 70a.: “One who did not make an eruv cedes his rights to two who did make an eruv but two who made an eruv do not61In the Babylonian sources (Note 60) “do cede”. This text seems to be required. cede to one who did not make an eruv. And two who made an eruv may not cede to two who made no eruv62Since two who made no eruv prohibit the use of the courtyard to one another, cession of rights by other inhabitants is ineffective.. Also two who made no eruv may not cede to two who made no eruv. Everybody may cede his rights and accept rights except two who made no eruv who may cede rights but may not receive62Since two who made no eruv prohibit the use of the courtyard to one another, cession of rights by other inhabitants is ineffective..”
It was stated60Tosephta 5:17, Babli 70a.: “One who did not make an eruv cedes his rights to two who did make an eruv but two who made an eruv do not61In the Babylonian sources (Note 60) “do cede”. This text seems to be required. cede to one who did not make an eruv. And two who made an eruv may not cede to two who made no eruv62Since two who made no eruv prohibit the use of the courtyard to one another, cession of rights by other inhabitants is ineffective.. Also two who made no eruv may not cede to two who made no eruv. Everybody may cede his rights and accept rights except two who made no eruv who may cede rights but may not receive62Since two who made no eruv prohibit the use of the courtyard to one another, cession of rights by other inhabitants is ineffective..”
רַב חַסְדַּאי אָמַר. עֲשָׂרָה יִשְׂרָאֵל שֶׁהָיוּ דָרִין בְּבַיִת אֶחָד. כָּל אֶחָד וְאֶחָד צָרִיךְ לְבַטֵּל רְשׁוּתוֹ. אָמַר רִבִּי יָסָא. עֲשָׂרָה גוֹיִם שֶׁהָיוּ דָרִין בְּבַיִת אֶחָד. כָּל אֶחָד וְאֶחָד צָרִיךְ לְהַשְׂכִּיר רְשׁוּתוֹ. אָמַר רִבִּי בָּא. מַעֲשֶׂה בְאִשְׁתּוֹ שֶׁלְפַּרְסִי אֶחָד שֶׁהִשְׂכִּירָה חָצֵר שֶׁלָּהּ שֶׁלֹּא מִדַּעַת בַּעֲלָהּ. אֲתַא קוֹמֵי רִבִּי שְׁמוּאֵל וְשָׁרָא. סָבְרִין מֵימַר. אֲפִילוּ שַׁמָּשׁוֹ וּלְקִיטוֹ. הֲלָכָה. יִשְׂרָאֵל מְבַטֵּל וְהַגּוֹי מַשְׂכִּיר. וִיבַטֵּל הוּא הַגּוֹי. חָזַר הוּא בוֹ. מֵעַתָּה אֲפִילוּ מַשְׂכִּיר חָזַר הוּא בוֹ. מִיכָּן וָהֵילַךְ בְּגֶזֶל הוּא מִשְׁתַּמֵּשׁ.
Rav Ḥasdai63In Raviah (vol. 1, p. 462, n. 20) “Rav Ḥisda”; but in R. Ḥananel (ad 71a) as in our text “Rav Ḥasdai.” said, each single one of ten Israel who dwell in one house must cede his rights64Or make an eruv. “Dwellers” are permanent residents. Similarly, to make an eruv in the staircase of a multi-family house one must rent the use of the space from all Gentile dwellers in the house.. Rebbi Yasa said, each single one of ten Gentiles who dwell in one house must rent out his rights. Rebbi Abba said, it happened that a Persian’s wife rented out her courtyard without informing her husband. The case came before Rebbi Samuel and he declared it legal65Since the husband has the usufruct of his wife’s property during marriage, a Jewish court could not accept the validity of a rental agreement of real estate concluded without the husband’s knowledge. But since renting the use of the space for the Sabbath is a pure formality, it is accepted from wife, servant, or farm-hand. Cf. Babli 80a, bottom.. They wanted to say, even his servant and farm-hand. Practice: An Israel cedes and the Gentile rents out66R. Ḥananel (ad 71a) has a more complete text: [R. Yasa in the name of R. Joḥanan: If an Israel and a Gentile live in one house,] practice is that … The same text is in Šibbole Halleqet (ed. Buber, p. 70) and is quoted in Tosaphot 66a s. v. מערב, paraphrased by Ritba (ed. Warsaw, ad 66a, p. 109) “an Israel and a Gentile who live in a house of a courtyard, the Jew had to make an eruv and from the Gentile one has to rent”; similarly Sefer Miswot Gadol (ed. Venice p. 244a 1.9).. Then why should the Gentile not cede? He might change his mind. Then even if he rented out he might change his mind! From then on he would use it in robbery67From the moment he accepted money, what he does is irrelevant..
Rav Ḥasdai63In Raviah (vol. 1, p. 462, n. 20) “Rav Ḥisda”; but in R. Ḥananel (ad 71a) as in our text “Rav Ḥasdai.” said, each single one of ten Israel who dwell in one house must cede his rights64Or make an eruv. “Dwellers” are permanent residents. Similarly, to make an eruv in the staircase of a multi-family house one must rent the use of the space from all Gentile dwellers in the house.. Rebbi Yasa said, each single one of ten Gentiles who dwell in one house must rent out his rights. Rebbi Abba said, it happened that a Persian’s wife rented out her courtyard without informing her husband. The case came before Rebbi Samuel and he declared it legal65Since the husband has the usufruct of his wife’s property during marriage, a Jewish court could not accept the validity of a rental agreement of real estate concluded without the husband’s knowledge. But since renting the use of the space for the Sabbath is a pure formality, it is accepted from wife, servant, or farm-hand. Cf. Babli 80a, bottom.. They wanted to say, even his servant and farm-hand. Practice: An Israel cedes and the Gentile rents out66R. Ḥananel (ad 71a) has a more complete text: [R. Yasa in the name of R. Joḥanan: If an Israel and a Gentile live in one house,] practice is that … The same text is in Šibbole Halleqet (ed. Buber, p. 70) and is quoted in Tosaphot 66a s. v. מערב, paraphrased by Ritba (ed. Warsaw, ad 66a, p. 109) “an Israel and a Gentile who live in a house of a courtyard, the Jew had to make an eruv and from the Gentile one has to rent”; similarly Sefer Miswot Gadol (ed. Venice p. 244a 1.9).. Then why should the Gentile not cede? He might change his mind. Then even if he rented out he might change his mind! From then on he would use it in robbery67From the moment he accepted money, what he does is irrelevant..
עַד אֵיכָן. יָיבֹא כַיי דָמַר רִבִּי יָסָא בְשֵׁם רִבִּי מָנָא בַּר תַּנְחוּם רִבִּי אַבָּהוּ בְשֵׁם רִבִּי יוֹחָנָן. אֵין קַרְקַע נִקְנֶה בְּפָחוֹת מִשָּׁוֶה פְרוּטָה. מִילְּתֵיהּ דְּרִבִּי יַעֲקֹב בַּר אָחָא אָמַר. אֲפִילוּ בְאֶגּוֹז. אֲפִילו בִתְמָרָה.
How little? Should it come as what Rebbi Yasa said in the name of Rebbi Mana bar Tanḥum, Rebbi Abbahu in the name of Rebbi Joḥanan: real estate cannot be acquired with less than a peruṭa’s worth68Qiddušin 1:3 Note 337, repeated there 1:5 p. 127, Ma`aser šeni 4:3 (Note 60). In Qiddušin the name tradition is: R. Yasa in the name of R. Mana, R. Tanḥum, R. Abbahu in the name of R. Joḥanan.? The word of Rebbi Jacob bar Aḥa implies even a walnut, even a date69Since the lease is a formality, not a reality, the qualifications of real estate law do not apply..
How little? Should it come as what Rebbi Yasa said in the name of Rebbi Mana bar Tanḥum, Rebbi Abbahu in the name of Rebbi Joḥanan: real estate cannot be acquired with less than a peruṭa’s worth68Qiddušin 1:3 Note 337, repeated there 1:5 p. 127, Ma`aser šeni 4:3 (Note 60). In Qiddušin the name tradition is: R. Yasa in the name of R. Mana, R. Tanḥum, R. Abbahu in the name of R. Joḥanan.? The word of Rebbi Jacob bar Aḥa implies even a walnut, even a date69Since the lease is a formality, not a reality, the qualifications of real estate law do not apply..
רִבִּי יַעֲקֹב בַּר אָחָא כַּד הֲוָה נְפַק לְאַכְסַנְיָיא. אִין הֲוָה מַשְׁכַּח מֵיעֲבֵד תַקָּנָה הֲוָה עֲבַד. וְאִין לָא. מְבַדֵּר מָנוֹי. יְהַב חוּטְרָא הָכָא. סַנְדְּלָא הַכַַא. דִּייסְיקִיָּא הָכָא. אָמַר רִבִּי מַתַּנְיָה. הָדָא דְּתֵימַר בְּשֶׁהָיָה פוּנְדָּקִי גּוֹי. אֲבָל אִם הָיָה פוּנְדָּקִי יִשְׂרָאֵל אֵינוֹ חָשׁוּד לְטַלְטֵל.
When Rebbi Jacob bar Aḥa went to a hostelry70Greek ξενία, ἡ., when it was possible for him to put it in order, he did it71If there were other Jews, he tried to arrange an eruv.. Otherwise he would spread out his clothing. He would put his staff at one place, his sandals at another, his wallet at another72Greek δισάκκιον, τό. He spread his things out in all rooms to that he could carry on the Sabbath in the entire building.. Rabbi Mattaniah said, this you are saying if the hostel keeper73Greek adjective, πάνδοκος, -ον, “of a hostelry”. was a Gentile. But if the hostel keeper was an Israel, he is not suspected to carry74The hostel keeper is not suspected to carry in the rooms he prepared for the guests. If there are no other guests there is no need to disperse his things..
When Rebbi Jacob bar Aḥa went to a hostelry70Greek ξενία, ἡ., when it was possible for him to put it in order, he did it71If there were other Jews, he tried to arrange an eruv.. Otherwise he would spread out his clothing. He would put his staff at one place, his sandals at another, his wallet at another72Greek δισάκκιον, τό. He spread his things out in all rooms to that he could carry on the Sabbath in the entire building.. Rabbi Mattaniah said, this you are saying if the hostel keeper73Greek adjective, πάνδοκος, -ον, “of a hostelry”. was a Gentile. But if the hostel keeper was an Israel, he is not suspected to carry74The hostel keeper is not suspected to carry in the rooms he prepared for the guests. If there are no other guests there is no need to disperse his things..