Eighteen Treatises from the Mishna: XIII. Treatise Erubin: Chapter I

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Eighteen Treatises from the Mishna, by D. A. Sola and M. J. Raphall, [1843], at sacred-texts.com

CHAPTER I.

§ 1. Should an entry be higher than twenty amoth, [its height] must be lessened [by lowering the cross-beam]. R. Jehudah saith, "This is not necessary; should it be wider than ten amoth [its width] must be lessened; but if it has tine form [appearance] of a door [gate], even though it be wider than ten amoth, it is not necessary to lessen [its width]."

§ 2. To legalize [the carrying or conveying within] an entry [to a place inclosed on three sides], Beth Shammai hold, "[that] a post and a beam [are required];" but Beth Hillel hold, "[that either] post or beam [is sufficient];" R. Eleazar saith, "two posts." On the authority of R. Ishmael, a disciple stated before R. Akivah "Beth Shammai and Beth Hillel did not differ [in opinion] as to an

p. 72

entry less than four amoth wide, [for they both agreed that] such [an entry] becomes legalized either through a beam or a post." On what did they differ? [Respecting] entries upwards of four amoth wide, and up to ten amoth: of these Beth Shammai hold, "that a post and a beam are required;" while Beth Hillel hold, "[that either] post or beam [is sufficient]." R. Akivah said, "They differ as to the one and as to the other."

§ 3. The beam in question must be wide enough to receive an ‏אריח‎, which is half of a brick, three hands in length and in width; it is, however, sufficient that the beam be one hand wide, so as to hold a half brick lengthwise.

§ 4. [The beam must be] wide enough to hold a half brick, [and also] sound enough to bear one. R. Jehudah saith, "It must be wide [enough], even though it be not sound [enough]."

§ 5. [Should the beam] be of straw or of reed, it is [in law] regarded as if it were of metal; should it be crooked [bent outwards], it is [in law] regarded as if it were straight; should it be cylindrical, it is [in law] regarded as if it were square. Whatever [measures] three hands in its circumference, holds one hand in width. 1

§ 6. The posts in question, must be ten hands high, be their breadth and thickness whatever it may: R. José saith, "Their width must be three hands."

§ 7. [Such] posts may be made out of any thing, even of that which is possessed of life; [this last, however,] R. José prohibits. [A living animal tied on a grave to close it up] communicates uncleanness [even after it be removed therefrom]. R. Meir saith it is clean, "A letter of divorce for a woman may also be written thereon 2 [a living animal];" but R. José, the Galilæan, pronounces it "[the letter of divorce so written] null, [not valid in law]."

§ 8. Should a caravan encamp in a valley, and a fence be made around it with the cattle's gear, it is lawful to move things within the fence [on the day of rest]; provided always that the fence be ten hands high, and the gaps [open spaces] therein, do not exceed [in extent] the actual fencing. Every gap [avenue] which is about ten hands [wide], is permitted; for it is considered as a door [gate], [hut gaps which are] more than ten hands wide are prohibited.

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§ 9. [The caravan may also be] fenced round with three ropes, one above the other; provided always there be between each rope less than three hands [interspace], and that the measure [width or thickness] of the three ropes [together] exceed one hand, so that the whole make up [the] ten hands.

§ 10. The caravan may also be fenced round with cane-laths; provided always the interspace between cane and cane be less than three hands. [All these regulations are limited to] spoken of a caravan [only]. Such is the dictum of R. Jehudah; but the sages maintain, "[that] the caravan is [especially] spoken of, solely [in order to adduce an instance] from that which actually exists." 3 Any partition which is not [constructed on the principle] of warp and shoot is not a [lawful] partition. Such is the dictum of R. José bar Jehudah; but the sages hold, "[the constructing it according to] either one of the two [principles is sufficient]." Four immunities have been granted [to warriors] in a camp: they may bring wood from any place [without respecting the rights of ownership]; they need not wash their hands before meals; they may eat of ‏דמאי‎; 4 and they are absolved from the obligation of erub. 5

Footnotes

72:1 This computation is but approximative. The exact proportion of the diameter to the circumference, is as 100 to 314.

72:2 Vide Treatise Gittin, chap. II. § 3.

73:3 Consequently, all these rules and regulations apply to the single traveller; who also enjoys the benefit thereof, should he encamp on the day of rest.

73:4 Fruit or corn, respecting which it is doubtful whether the legal dues [heave-offering], tithes, &c., have been acquitted or not.

73:5 Combining the different tents which compose the camp.

Next: Chapter II

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