Talmud Yerushalmi
Yerushalmi Eruvin 6:4 ירושלמי עירובין ו׳:ד׳
Part of: Chapter 6
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משנה: מֵאֵימָתַי נוֹתְנִין רְשׁוּת בֵּית שַׁמַּאי אוֹמְרִים מִבְּעוֹד יוֹם וּבֵית הִלֵּל אוֹמְרִים מִשֶּׁתֶּחֱשָׁךְ. מִי שֶׁנָּתַן רְשׁוּתוֹ וְהוֹצִיא בֵּין שׁוֹגֵג בֵּין מֵזִיד הֲרֵי זֶה אוֹסֵר עָלָיו דִּבְרֵי רִבִּי מֵאִיר. רִבִּי יְהוּדָה אוֹמֵר מֵזִיד אוֹסֵר שׁוֹגֵג אֵינוֹ אוֹסֵר:
MISHNAH: When may one start giving away rights? The House of Shammai say, as long as it is daylight11They hold that this cessation is a legal act and therefore prohibited on the Sabbath; the House of Hillel hold that it is an agreement among friends and a purely negative statement, a decision not to exercise one’s rights, and as such permitted on the Sabbath., but the House of Hillel say, when it gets dark. If somebody gave away his rights and then brought out, whether in error or intentionally, he forbids, the words of Rebbi Meïr. Rebbi Jehudah says, intentionally he forbids, in error he does not forbid12Both R. Meïr and R. Jehudah consider the case that the person ceding his rights uses the courtyard before the others could use it. If the use was intentional it proves that the cessation was retracted; if it was in error the cessation still is valid. R. Meïr agrees in principle but he treats unintentional infraction as an intentional one as a precaution, a “fence around the Law”..
MISHNAH: When may one start giving away rights? The House of Shammai say, as long as it is daylight11They hold that this cessation is a legal act and therefore prohibited on the Sabbath; the House of Hillel hold that it is an agreement among friends and a purely negative statement, a decision not to exercise one’s rights, and as such permitted on the Sabbath., but the House of Hillel say, when it gets dark. If somebody gave away his rights and then brought out, whether in error or intentionally, he forbids, the words of Rebbi Meïr. Rebbi Jehudah says, intentionally he forbids, in error he does not forbid12Both R. Meïr and R. Jehudah consider the case that the person ceding his rights uses the courtyard before the others could use it. If the use was intentional it proves that the cessation was retracted; if it was in error the cessation still is valid. R. Meïr agrees in principle but he treats unintentional infraction as an intentional one as a precaution, a “fence around the Law”..
הלכה: פיס׳. מֵאֵימָתַי נוֹתְנִין רְשׁוּת. בֵּית שַׁמַּי אוֹמְרִים כול׳. מֵאֵימָתַי נוֹתְנִין רְשׁוּת. כֵן הִיא מַתְנִיתָא. מֵאֵימָתַי מְבַטְּלִין רְשׁוּת. בֵּית שַׁמַּי אוֹמְרִים. מִבְּעוֹד יוֹם. וּבֵית הִלֵּל אוֹמְרִים. מִשֶּׁתֶּחֱשָׁךְ. כֵּינִי מַתְנִיתָא. בֵּית (שַׁמַּי) [הִלֵּל] אוֹמְרִים. מִשֶּׁתֶּחֱשָׁךְ. דִּלֹ כֵן הִיא מַתְנִיתָא מִקּוּלֵּי בֵית שַׁמַּי וּמֵחוּמְרֵי בֵית הִלֵּל.
HALAKHAH: Paragraph. “When may one start giving away rights? The House of Shammai say,” etc. “When may one start giving away rights?” Is the Mishnah so: “When may one start ceding rights? The House of Shammai say as long as it is daylight11They hold that this cessation is a legal act and therefore prohibited on the Sabbath; the House of Hillel hold that it is an agreement among friends and a purely negative statement, a decision not to exercise one’s rights, and as such permitted on the Sabbath., but the House of Hillel say, when it gets dark”? So is the Mishnah: The House of (Shammai) [Hillel]75The text in parentheses is the scribe’s, the one in brackets the corrector’s correction.
The scribe’s text is easily explained: If the Mishnah were permissive, it should be formulated as “until when may one cede.” Since it says “when may one start” it is prescriptive, that cession of rights before this time is invalid. Since the Mishnah is not on the list of those where the House of Shammai is more lenient than the House of Hillel (Idiut 4), one has to emend the Mishnah and switch the places of “Shammai” and “Hillel”. But the next paragraph shows that this emendation is impossible; one has to accept the corrector’s emendation and read the Mishnah as: but the House of Hillel say, even when it gets dark. say, when it gets dark; because otherwise it would be of the leniencies of the House of Shammai and the strictures of the House of Hillel.
HALAKHAH: Paragraph. “When may one start giving away rights? The House of Shammai say,” etc. “When may one start giving away rights?” Is the Mishnah so: “When may one start ceding rights? The House of Shammai say as long as it is daylight11They hold that this cessation is a legal act and therefore prohibited on the Sabbath; the House of Hillel hold that it is an agreement among friends and a purely negative statement, a decision not to exercise one’s rights, and as such permitted on the Sabbath., but the House of Hillel say, when it gets dark”? So is the Mishnah: The House of (Shammai) [Hillel]75The text in parentheses is the scribe’s, the one in brackets the corrector’s correction.
The scribe’s text is easily explained: If the Mishnah were permissive, it should be formulated as “until when may one cede.” Since it says “when may one start” it is prescriptive, that cession of rights before this time is invalid. Since the Mishnah is not on the list of those where the House of Shammai is more lenient than the House of Hillel (Idiut 4), one has to emend the Mishnah and switch the places of “Shammai” and “Hillel”. But the next paragraph shows that this emendation is impossible; one has to accept the corrector’s emendation and read the Mishnah as: but the House of Hillel say, even when it gets dark. say, when it gets dark; because otherwise it would be of the leniencies of the House of Shammai and the strictures of the House of Hillel.
מִי שֶׁנָּתַן רְשׁוּתוֹ וְהוֹצִיא. כֵּינִי מַתְנִיתָא. מִי שֶׁבִּיטֵּל רְשׁוּתוֹ וְהוֹצִיא. בֵּין שׁוֹגֵג בֵּין מֵזִיד הֲרֵי זֶה אוֹסֵר. כֵּינִי מַתְנִיתָא. אֵינוֹ אוֹסֵר.
“If somebody gave away his rights and then brought out.” So is the Mishnah: If somebody ceded his rights, “whether in error or intentionally, he forbids.” So is the Mishnah: He does not forbid76R. Meïr is consistent that a Gentile living in a courtyard forbids the use of the courtyard on the Sabbath as long as one does not lease the use of the courtyard from him and he abides by the terms of the lease at least until sundown. But following R. Eliezer ben Jacob, who represents practice to be followed, one has to correct the Mishnah to: He does not forbid..
“If somebody gave away his rights and then brought out.” So is the Mishnah: If somebody ceded his rights, “whether in error or intentionally, he forbids.” So is the Mishnah: He does not forbid76R. Meïr is consistent that a Gentile living in a courtyard forbids the use of the courtyard on the Sabbath as long as one does not lease the use of the courtyard from him and he abides by the terms of the lease at least until sundown. But following R. Eliezer ben Jacob, who represents practice to be followed, one has to correct the Mishnah to: He does not forbid..
תַּנֵּי. שְׁנַיִם שֶׁהָיוּ שׁוּתָּפִין בְּחָצֵר וּמֵת אֶחָד מֵהֶן. וְנָפַל הַבָּיִת יְרוּשָׁה לְאֶחָד מִן הַשּׁוּק. עַד שֶׁלֹּא חֲשֵׁיכָה הֲרֵי זֶה אוֹסֵר. מִשֶּׁחֲשֵׁיכָה אֵינוֹ אוֹסֵר. רִבִּי אָחָא בְשֵׁם רִבִּי חִינְנָא. דְּבֵית שַׁמַּי הִיא. דְּבֵית שַׁמַּי אוֹמְרִים. אֵין מְבַטְּלִין רְשׁוּת מִשֶּׁתֶּחֱשָׁךְ. וּבֵית הִלֵּל אוֹמְרִים. מְבַטְּלִין רְשׁוּת מִשֶּׁתֶּחֱשָׁךְ. אָמַר רִבִּי יוֹסֵה בֵירִבִּי בּוּן. מִכֵּיוָן שֶׁמֵּת אֵין בִּיטּוּל רְשׁוּת גָּדוֹל מִזֶּה. הֲרֵי שֶׁהָיָה לְאֶחָד מִן הַשּׁוּק בָּיִת עִמָּהֶן בֶּחָצֵר וָמֵת. וְנָפַל הַבָּיִת יְרוּשָׁה לְאֶחָד מֵהֶן. עַד שֶׁלֹּא חֲשֵׁיכָה הֲרֵי זֶה אוֹסֵר. מִשֶּׁחֲשֵׁיכָה אֵינוֹ אוֹסֵר. עוֹד הִיא דְּבֵית שַׁמַּי. דְּבֵית שַׁמַּי אוֹמְרִים. אֵין מְבַטְּלִין רְשׁוּת מִשֶּׁתֶּחֱשָׁךְ. וּבֵית הִלֵּל אוֹמְרִים. מְבַטְּלִין רְשׁוּת מִשֶּׁתֶּחֱשָׁךְ. מָהוּ לְבַטֵּל רְשׁוּת מִשֶּׁתֶּחֱשָׁךְ. רִבִּי חִיָיה רִבִּי יָסָא רִבִּי אִימִּא סָלְקוֹן לְחַמְתָּה דְגָדֵר. שְׁאָלוּן לְרִבִּי חָמָא בַּר יוֹסֶף. וְשָׁרָא. שְׁמָעִין רִבִּי יוֹחָנָן וָמַר. יָפֶה עֲשִׂיתֶם. שָׁמַע רִבִּי שִׁמְעוֹן בֶּן לָקִישׁ וָמַר. לֹא עֲשִׂיתֶם יָפֶה. מַה פְלִיגִין. רִבִּי זְעִירָא אָמַר. לֹא פְלִיגִין. מָאן דָּמַר. יָפֶה עֲשִׂיתֶם. שֶׁשְּׂכַרְתֶּם. וּמָאן דָּמַר. לֹא עֲשִׂיתֶם יָפֶה. שֶׁטִּילְטַלְתֵּם. רִבִּי בָּא אָמַר. פְלִִיגֵי. מָאן דָּמַר. יָפֶה עֲשִׂיתֶם. שֶׁשְּׂכַרְתֶּם וְשֶׁטִּילְטַלְתֵּם. מָאן דָּמַר. לֹא עֲשִׂיתֶם יָפֶה. לֹא שֶׁשְּׂכַרְתֶּם וְלֹא שֶׁטִּילְטַלְתֵּם.
It was stated: “If two people were partners in a courtyard and one of them died, and the house fell as inheritance to an outside person. If before it became dark, this makes it forbidden; after dark it is not forbidden77Tosephta 5:13, Babli 70b. The Tanna of the Mishnah holds that the heir as owner makes the courtyard forbidden without an eruv even if he does not live there, but if the courtyard was permitted at sunbdown it remains permitted for the entire Sabbath even if the situation changes..” Rebbi Aḥa in the name of Rebbi Ḥinena: This is the House of Shammai’s, for the House of Shammai say, one may not cede rights after dark, but the House of Hillel say, one may cede rights after dark77Tosephta 5:13, Babli 70b. The Tanna of the Mishnah holds that the heir as owner makes the courtyard forbidden without an eruv even if he does not live there, but if the courtyard was permitted at sunbdown it remains permitted for the entire Sabbath even if the situation changes.. Rebbi Yose ben Rebbi Abun said, since he dies there is no greater cession of rights than this78Since he does no longer live there. The heir becomes a neighbor only by actually living there.. “If an outside person owned a house in the courtyard with them when he died and the house fell as inheritance to a dweller in the courtyard. If before it became dark, this makes it forbidden; after dark it is not forbidden.79Tosephta 5:14, Babli 70b.” Still this is the House of Shammai’s, for the House of Shammai say, one may not cede rights after dark, but the House of Hillel say, one may cede rights after dark. May one cede rights80Since practice follows the House of Hillel it is obvious that one may cede rights after dark. The problem really is, “may one lease rights after sundown”? If the lease is a transaction, it is forbidden, if a formality, it is permitted. after dark? Rebbi Ḥiyya, Rebbi Yasa, Rebbi Immi went up to Ḥammat Gader81In the Babli 65b the story is told of R. (Ḥanina) [Ḥama] bar Joseph, R. Ḥiyya, and R. Yasa (Assi) and it is clear that the owner of the hostelry was a Gentile; the question is about leasing, not ceding. The Gentile came only during the Sabbath.. They asked Rebbi Ḥama bar Joseph and he permitted. Rebbi Joḥanan heard them and said, you did the correct thing. Rebbi Simeon ben Laqish heard it and said, you acted incorrectly. Do they disagree? Rebbi Zeˋira said, they did not disagree. He who said, you did the correct thing, that you leased. But he who said, you acted incorrectly, that you moved82They should not have moved their things in the hostelry before they leased the space since the appearance of the owner always was a potentiality.. Rebbi Abba said, they disagree. He who said, you did the correct thing, that you leased and moved. But he who said, you acted incorrectly, that you leased and that you moved83He treats the lease as a transaction..
It was stated: “If two people were partners in a courtyard and one of them died, and the house fell as inheritance to an outside person. If before it became dark, this makes it forbidden; after dark it is not forbidden77Tosephta 5:13, Babli 70b. The Tanna of the Mishnah holds that the heir as owner makes the courtyard forbidden without an eruv even if he does not live there, but if the courtyard was permitted at sunbdown it remains permitted for the entire Sabbath even if the situation changes..” Rebbi Aḥa in the name of Rebbi Ḥinena: This is the House of Shammai’s, for the House of Shammai say, one may not cede rights after dark, but the House of Hillel say, one may cede rights after dark77Tosephta 5:13, Babli 70b. The Tanna of the Mishnah holds that the heir as owner makes the courtyard forbidden without an eruv even if he does not live there, but if the courtyard was permitted at sunbdown it remains permitted for the entire Sabbath even if the situation changes.. Rebbi Yose ben Rebbi Abun said, since he dies there is no greater cession of rights than this78Since he does no longer live there. The heir becomes a neighbor only by actually living there.. “If an outside person owned a house in the courtyard with them when he died and the house fell as inheritance to a dweller in the courtyard. If before it became dark, this makes it forbidden; after dark it is not forbidden.79Tosephta 5:14, Babli 70b.” Still this is the House of Shammai’s, for the House of Shammai say, one may not cede rights after dark, but the House of Hillel say, one may cede rights after dark. May one cede rights80Since practice follows the House of Hillel it is obvious that one may cede rights after dark. The problem really is, “may one lease rights after sundown”? If the lease is a transaction, it is forbidden, if a formality, it is permitted. after dark? Rebbi Ḥiyya, Rebbi Yasa, Rebbi Immi went up to Ḥammat Gader81In the Babli 65b the story is told of R. (Ḥanina) [Ḥama] bar Joseph, R. Ḥiyya, and R. Yasa (Assi) and it is clear that the owner of the hostelry was a Gentile; the question is about leasing, not ceding. The Gentile came only during the Sabbath.. They asked Rebbi Ḥama bar Joseph and he permitted. Rebbi Joḥanan heard them and said, you did the correct thing. Rebbi Simeon ben Laqish heard it and said, you acted incorrectly. Do they disagree? Rebbi Zeˋira said, they did not disagree. He who said, you did the correct thing, that you leased. But he who said, you acted incorrectly, that you moved82They should not have moved their things in the hostelry before they leased the space since the appearance of the owner always was a potentiality.. Rebbi Abba said, they disagree. He who said, you did the correct thing, that you leased and moved. But he who said, you acted incorrectly, that you leased and that you moved83He treats the lease as a transaction..
רִבִּי בָּא בָּעֵי. אַף לְעִנְיָין מְחִיצוֹת כֵּן. הֵיךְ עֲבִידָא. הָיוּ שְׁנַיִם וְעִירְבוּ עֵירוּב אֶחָד. וּבָא הַגוֹי וְהוֹסִיף. כְּבָר נִכְנְסָה שַׁבָּת בְּאִיסּוּר. הָיוּ שְׁלֹשָׁה וְעִירְבוּ שְׁנֵי עֵירוּבִין. וּבָא הַגּוֹי וּפָחַת. כְּבָר נִכְנְסָה שַׁבָּת בְּהֵיתֵר. חֵיילֵיהּ דְּרִבִּי בָּא מִן הָדָא. כָּל שַׁבָּת שֶׁנִּכְנְסָה בְּהֵיתֵר מוּתָּר. בְּאִיסּוּר אָסוּר. חוּץ מִן הַמְבַטֵּל רְשׁוּת. וָמַר. חוּץ מִן הַמְבַטֵּל וּמִן הַמַּשְׂכִּיר. מְהוּ לשְׂכּוֹר רשׁוּת מִן הַפּוּנְדִּיק. רִבִּי חִינְנָה וְרִבִּי יוֹנָתָן סָלְקוֹן לְחַמְתָּה דְגָדֵר. אָמְרִין. נַמְתִּין עַד שֶׁיָּבוֹאוּ זִקְנֵי הַדָּרוֹם לְכָאן. אֲתַא רִבִּי (פַּרס) [נָתָן] דְּרוֹמָה וְשָׁאֲלוּן לֵיהּ וְשָׁרָא. שָׁמַע רִבִּי שִׁמְעוֹן בֶּן לָקִישׁ וְאָמַר. מֵאַחַר שֶׁהַגּוֹי בָּא וּמוֹצִיאָנִי לֹא עָשִׂינוּ כְּלוּם. שִׁמְעוֹן בַּר בָּא אָמַר. רִבִּי יוֹחָנָן בָּעֵי. מֵעַתָּה אֵין בָּתֵּינוּ שֶׁלָּנוּ. רִבִּי יוּסְטִי בֵּירִבִּי סִימוֹן בְשֵׁם רִבִּי בֵּייתוֹס. אֵין בָּתֵּינוּ שֶׁלָּנוּ לְדוּר עִמָּנוּ. הָא לָצֵאת אֵין מוֹצִיאִין אוֹתָנוּ. וֹבְפוּנְדָּק מוֹצִיאִין אוֹתָנוּ.
Rebbi Abba asked, is it the same in the matter of partitions84Which make it possible to carry at the place of rest of a caravan, as explained in Chapter 1.? How is this? If there were two and they established one eruv, and a Gentile came and added; the Sabbath already had started in prohibition. If there were three but they established two eruvim and a Gentile came and opened; the Sabbath already had started in permission85This text is from Chapter 1, Note 294.. The strength of Rebbi Abba is from the following: Any Sabbath which started in permission is permitted, in prohibition is prohibited86Babli 70b., except one who cedes rights; and he87R. Ze`ira and all authorities who permit leasing from a Gentile on the Sabbath. would say, except one who cedes or leases. May one lease rights from the owner of a hostelry? Rebbi Ḥinena and Rebbi Jonathan went to Ḥammat Gader88The place chosen for proclamations about matters of the calendar.. They said, we shall wait until the Elders of the South arrive here. There came Rebbi (Peres) {Nathan]89In the quotes of this paragraph in the Responsa of Rashba (part 1 # 626; Responsa attributed to Naḥmanides #218) he is quoted as R. Efes, who is known as Rebbi’s scribe. the Southerner; they asked him and he permitted. Rebbi Simeon ben Laqish heard it and said, since the Gentile may remove us90If he finds better paying hotel guests. He denies the validity of leasing rights in a Gentile hostelry as a matter of principle., we did not do anything. Simeon bar Abba said, Rebbi Joḥanan asked, then our houses are not ours91Since at any time the army may send soldiers to be quartered with us.? Rebbi Justus ben Rebbi Simon in the name of Rebbi Boethos: Our houses are not ours, to dwell with us92The army may cause inconvenience but the troops cannot remove us from our houses; one may accept R. Simeon ben Laqish’s point of view and still practice leasing in courtyards or alleys.; but they cannot force us to leave; but in a hostelry they remove us.
Rebbi Abba asked, is it the same in the matter of partitions84Which make it possible to carry at the place of rest of a caravan, as explained in Chapter 1.? How is this? If there were two and they established one eruv, and a Gentile came and added; the Sabbath already had started in prohibition. If there were three but they established two eruvim and a Gentile came and opened; the Sabbath already had started in permission85This text is from Chapter 1, Note 294.. The strength of Rebbi Abba is from the following: Any Sabbath which started in permission is permitted, in prohibition is prohibited86Babli 70b., except one who cedes rights; and he87R. Ze`ira and all authorities who permit leasing from a Gentile on the Sabbath. would say, except one who cedes or leases. May one lease rights from the owner of a hostelry? Rebbi Ḥinena and Rebbi Jonathan went to Ḥammat Gader88The place chosen for proclamations about matters of the calendar.. They said, we shall wait until the Elders of the South arrive here. There came Rebbi (Peres) {Nathan]89In the quotes of this paragraph in the Responsa of Rashba (part 1 # 626; Responsa attributed to Naḥmanides #218) he is quoted as R. Efes, who is known as Rebbi’s scribe. the Southerner; they asked him and he permitted. Rebbi Simeon ben Laqish heard it and said, since the Gentile may remove us90If he finds better paying hotel guests. He denies the validity of leasing rights in a Gentile hostelry as a matter of principle., we did not do anything. Simeon bar Abba said, Rebbi Joḥanan asked, then our houses are not ours91Since at any time the army may send soldiers to be quartered with us.? Rebbi Justus ben Rebbi Simon in the name of Rebbi Boethos: Our houses are not ours, to dwell with us92The army may cause inconvenience but the troops cannot remove us from our houses; one may accept R. Simeon ben Laqish’s point of view and still practice leasing in courtyards or alleys.; but they cannot force us to leave; but in a hostelry they remove us.