Yerushalmi Eruvin 9:4 ירושלמי עירובין ט׳:ד׳

MISHNAH: If a courtyard became open on both sides⁶Before the Sabbath it was a private domain. On the Sabbath it became open and now can be used as a shortcut by the public., or a house became open on both sides⁶Before the Sabbath it was a private domain. On the Sabbath it became open and now can be used as a shortcut by the public., or an alley whose beam or lathes were removed, they are permitted the same Sabbath but forbidden in the future, the words of Rebbi Jehudah. Rebbi Yose says, if they are permitted the same Sabbath they are permitted in the future, and if they are forbidden in the future they are forbidden this Sabbath⁷Therefore it is forbidden immediately on the first Sabbath..

HALAKHAH: Paragraph⁵¹Discussion of Mishnah 4.. Why do I need “on both sides”⁶Before the Sabbath it was a private domain. On the Sabbath it became open and now can be used as a shortcut by the public.? Even on one side! Does this not follow Rav, as Rav said, a courtyard becomes permitted by two planks⁵²Rav’s statement is recorded only in the Babli, 12a: Rav Sheshet said in the name of Rav Jeremiah bar Abba who said in the name of Rav: The Sages agree with Rebbi Eliezer about planks of a courtyard (cf. Mishnah 1:2).? Rebbi Samuel in the name of Rebbi Zeˋira: It is a disagreement. He who says there by one plank⁵³Rabbis opposing Rebbi, Babli 12a., here also by one plank; he who says there by two planks, here also by two planks. If it became breached in the middle it is permitted⁵⁴If walls are standing at both sides of the breach, the breach is a door. Even if the breach is wider than 10 cubits, if the standing walls are at least 4 hand-breadths wide they act as planks.; Samuel said it is forbidden. Rebbi Zeˋira said, if that of Samuel is not what he learned, it is difficult⁵⁵If Samuel’s statement is an old Babylonian tradition, it has to be accepted as rabbinic decree. If it is presented as a new ruling, it seems to be illogical.. If one entire side was breached? Rebbi Yose ben Rebbi Abun said, that is [the case of] the porch; if it were a porch, would it not be permitted⁵⁶Since a porch has no walls, the rules of the courtyard cannot be more restrictive than those of a porch. This is R. Zeˋira’s objection to Samuel’s statement.?

Rebbi Joḥanan said, Rebbi Eliezer⁵⁷This refers to Mishnah 3 where in all other references the name of the Tanna is Eleazar. said this only for a courtyard and an alley; but is a house like a bridge⁵⁸A house, even if it is a public building open to all and a passage through it may serve as a shortcut, is never treated as public domain.?

Rav and Rebbi Joḥanan say, it is forbidden both on this Sabbath and the coming Sabbath⁵⁹In Mishnah 4, practice is decided following R. Yose; since it is forbidden in the future it must be forbidden now..

⁶⁰A shortened version of a text in Ḥagigah 3:4 (79c 1.22). Rebbi Joḥanan said, costos, and hollowed squash, and alley, and convert, and vulgar, are restrictive.

Costos as we have stated⁶¹Mishnah Uqeṣin 3:5. תנן is Babylonian Aramaic. Costos,-i, f., Greek κόστος, an Oriental aromatic plant., “costos, and cardamon, and important spices⁶²Money dedicated as Second Tithe which may be spent only on pure food or drink in Jerusalem. may be bought with tithe money⁶³The Mishnah is stated as an argument, not as a statement, to permit in practice to accept each argument even though this results in two mutually contradictory restrictions. but do not become impure by impurity of foodstuff, the words of Rebbi Aqiba. Rebbi Joḥanan ben Nuri said, if they may be bought with tithe money they become impure by impurity of foodstuff, and if they do not become impure by impurity of foodstuff they may not be bought with tithe money.” Rebbi Joḥanan said, restrictive⁶⁴Mishnah Parah 5:3. “Sanctify” means to put some of the ashes of the Red Cow into the water to use it to purify from the impurity of the dead. This water has to be taken from flowing water (Num. 19:17). Since the squash, used as a pot, will absorb of this water, immediately after it has been immersed in flowing water it might be used in the ceremony, but later the water retained in its walls will invalidate new water drawn by the hollowed squash. In the Mishnah, R. Joshua argues that if at the start the squash was acceptable it always should be acceptable, if later it is not acceptable neither should it be at the start (since the point in time when it becomes unacceptable is not well defined.): they become impure by impurity of foodstuff and may not be bought with tithe money.

Hollowed squash as we have stated⁶⁵This is here, Mishnah 4, proof that the Ḥagigah text is original.: “A hollowed squash which one immersed is water suitable for sanctification, etc.” Rebbi Joḥanan said, restrictive, one may not sanctify either at the beginning or at the end.

Alley, as we have stated there⁶⁶As wine prepared by a Non-Jew, cf. Avodah zarah, Chapters 2–5., “or an alley whose beam was removed, etc.” Rebbi Joḥanan said, restrictive, it is forbidden both on this Sabbath and the coming Sabbath⁵⁹In Mishnah 4, practice is decided following R. Yose; since it is forbidden in the future it must be forbidden now..

Proselyte, as it was stated: If a proselyte converted while he had wines, and said, it is clear to me that no libations were made from it, if he made it by himself it is pure for him but impure for others⁶⁷A fellow is a person observing all rules of purity in the absence of a Temple, cf. Introduction to Tractate Demay, pp. 349–350., by others it is impure both for him and for others. Rebbi Aqiba said, if they are pure for him they should be pure for others; if impure for others they should be impure for him. Rebbi Joḥanan said, restrictive, impure for him and for others. Vulgar, as it was stated: If a vulgar person who was inducted as a fellow⁶⁸Discussion of Mishnah 5. has food made in purity and he said, it is clear to me that it was prepared in purity, if he made it by himself it is pure for him but impure for others, by others it is impure both for him and for others. Rebbi Aqiba said, if they are pure for him they should be pure for others; if impure for others they should be impure for him. Rebbi Joḥanan said, restrictive, impure for him and for others.