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8:7:1

משנה: אַמַּת הַמַּיִם שֶׁהִיא עוֹבֶרֶת בֶּחָצֵר אֵין מְמַלִּין מִמֶּנָּה בַשַּׁבָּת אֶלָּא אִם כֵּן עָשׁוּ לָהּ מְחִיצָה גְבוֹהָה עֲשָׂרָה טְפָחִים בַּכְּנִיסָה וּבַיְצִיאָה. אָמַר רִבִּי יְהוּדָה מַעֲשֶׂה בְאַמָּה שֶׁל אָבֵל שֶׁהָיוּ מְמַלִּין מִמֶּנָּה עַל פִּי זְקֵנִים בַּשַּׁבָּת אָמֵרוּ לוֹ מִפְּנֵי שֶׁלֹּא הָיָה בוֹ כַּשִּׁיעוּר:

MISHNAH: From a water canal20Ten hand-breadths deep and four wide. In general this is a separate karmelit and not part of the courtyard. which crosses a courtyard one does not draw on the Sabbath unless one made a partition ten hand-breadths high at its entrance and exit. Rebbi Jehudah said, it happened that from the water canal of Abel one was drawing water21Without separate partitions for every courtyard the canal is crossing. on the instruction of Elders on the Sabbath. They told him, because it did not have the measure22Not 10 hand-breadths deep and 4 wide..

MISHNAH: From a water canal20Ten hand-breadths deep and four wide. In general this is a separate karmelit and not part of the courtyard. which crosses a courtyard one does not draw on the Sabbath unless one made a partition ten hand-breadths high at its entrance and exit. Rebbi Jehudah said, it happened that from the water canal of Abel one was drawing water21Without separate partitions for every courtyard the canal is crossing. on the instruction of Elders on the Sabbath. They told him, because it did not have the measure22Not 10 hand-breadths deep and 4 wide..

8:7:2

הלכה: פיס׳. מַתְנִיתִין בָּעֲמוּקָה עֲשָׂרָה וְרָחַב אַרְבָּעָה וּבִפְרוּצָה מִיכָּן וּמִיכָּן. נִפְרְצָה מֵרוּחַ אָחָת נוֹתֵן לֶחִי וְקוֹרָה מִיכָּן. נִפְרְצָה מִיכָּן וּמִיכָּן נוֹתֵן לֶחִי וְקוֹרָה מִיכָּן וְעוֹשֶׂה צוּרַת פֶּתַח מִיכָּן. לֹא נִמְצְאוּ שְׁתֵּי רְשׁוּיוֹת מִשְׁתַּמְּשׁוֹת בִּרְשׁוּת אַחַת. רִבִּי יוֹסֵי בֵּירִבִּי בּוּן בְשֵׁם רִבִּי שְׁמוּאֵל בַּר רַב יִצְחָק. תִּיפְתָּר שֶׁהָיוּ בָתִּים מִצַּד אֶחָד.

HALAKHAH: Paragraph81Discussion of Mishnah 8.. The Mishnah if it is deep ten [hand-breadths] and wide four [hand-breadths]20Ten hand-breadths deep and four wide. In general this is a separate karmelit and not part of the courtyard. and open on both sides. If it is open on one side one puts a beam or a lathe on that side82As S. Liebermann points out, this cannot describe the situation of the Mishnah that a water canal runs through a private domain since beam and lathe are appropriate only for alleys. Therefore one has to assume that the canal at Abel was running in the alleys and the problem is to let the dwellers in an alley draw water on the Sabbath.. If it is open on both sides one puts a beam or a lathe on one side and makes the shape of a door at the other. Do not two different domains use the same domain83If the canal is wide and deep enough to constitute a karmelit domain in itself it would be impossible to make a common eruv for both sides of the street. This in itself should prevent anybody from drawing water on the Sabbath.? Explain it if there were houses on one side84The objection is well taken. One has to assume that there were houses only on one side; the other side was bounded either by a solid wall or by uninhabited areas..

HALAKHAH: Paragraph81Discussion of Mishnah 8.. The Mishnah if it is deep ten [hand-breadths] and wide four [hand-breadths]20Ten hand-breadths deep and four wide. In general this is a separate karmelit and not part of the courtyard. and open on both sides. If it is open on one side one puts a beam or a lathe on that side82As S. Liebermann points out, this cannot describe the situation of the Mishnah that a water canal runs through a private domain since beam and lathe are appropriate only for alleys. Therefore one has to assume that the canal at Abel was running in the alleys and the problem is to let the dwellers in an alley draw water on the Sabbath.. If it is open on both sides one puts a beam or a lathe on one side and makes the shape of a door at the other. Do not two different domains use the same domain83If the canal is wide and deep enough to constitute a karmelit domain in itself it would be impossible to make a common eruv for both sides of the street. This in itself should prevent anybody from drawing water on the Sabbath.? Explain it if there were houses on one side84The objection is well taken. One has to assume that there were houses only on one side; the other side was bounded either by a solid wall or by uninhabited areas..

8:7:3

פְּשִׁיטָא הָדָא מִילְּתָא. עֲמוּקָה עֲשָׂרָה וְאֵינָהּ רְחָבָה אַרְבָּעָה מוּתָּר לְטַלְטֵל וּמוּתָּר לְמַלּוֹת. רְחָבָה אַרְבָּעָה וְאֵינָהּ עֲמוּקָה עֲשָׂרָה פְּשִׁיטָא שֶׁמּוּתָּר לְטַלְטֵל. מָהוּ לְמַלּוֹת. רִבִּי חִינְנָא אָמַר. מוּתָּר. רִבִּי מָנָא אָמַר. אָסוּר. מַתְנִיתִין פְּלִיגָא עַל רִבִּי מָנָא. אָמְרוּ לוֹ. מִפְּנֵי שֶׁלֹּא הָיָה בָהּ כַּשִּׁיעוּר. לֹא הָיְתָה לֹא עֲמוּקָה עֲשָׂרָה וְלֹא רְחָבָה אַרְבָּעָה. אֲבָל אִם הָיְתָה עֲמוּקָה עֲשָׂרָה וְאֵינָהּ רְחָבָה אַרְבָּעָה אָסוּר. וַאֲפִילוּ רְחָבָה אַרְבָּעָה וְאֵינָהּ עֲמוּקָה עֲשָׂרָה מוּתָּר. מַה דַהֲוָה עוֹבְדָא הֲוָה עוֹבְדָא.

The following is obvious: If it is ten deep but not four wide one may move and fill85From a canal running through an alley. Any ditch which is not 4 hand-breadths wide at the surface does not interfere with eruvin (Mishnah 7:3).. If it was four wide86This is implied by Mishnah 7:3. but not ten deep it is obvious that one may move. May one fill? Rebbi Ḥinena said, it is permitted. Rebbi Mana said, it is forbidden. Our Mishnah disagrees with Rebbi Mana: “They told him, because it did not have the measure.” It was neither ten deep nor four wide87Babli 87a.. But if it had been ten deep but not four wide88It is obvious that one has to read: if it would not have been ten deep but four wide. it would have been forbidden. Even if it is four wide but not ten deep it is permitted. The case happened as it happened89No logical derivations are possible for rules derived from actual happenings since there the conditions are not subject to adjustment..

The following is obvious: If it is ten deep but not four wide one may move and fill85From a canal running through an alley. Any ditch which is not 4 hand-breadths wide at the surface does not interfere with eruvin (Mishnah 7:3).. If it was four wide86This is implied by Mishnah 7:3. but not ten deep it is obvious that one may move. May one fill? Rebbi Ḥinena said, it is permitted. Rebbi Mana said, it is forbidden. Our Mishnah disagrees with Rebbi Mana: “They told him, because it did not have the measure.” It was neither ten deep nor four wide87Babli 87a.. But if it had been ten deep but not four wide88It is obvious that one has to read: if it would not have been ten deep but four wide. it would have been forbidden. Even if it is four wide but not ten deep it is permitted. The case happened as it happened89No logical derivations are possible for rules derived from actual happenings since there the conditions are not subject to adjustment..

Texts

  • Hebrew: The Jerusalem Talmud, edition by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015 · License: CC-BY
  • English: The Jerusalem Talmud, translation and commentary by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015 · License: CC-BY

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