Chapter VII

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

CHAPTER VII.

§ 1. If there be an aperture [opening] four hands square, and [not quite] ten hands high [from the ground], between two courts, [the inmates of each court may] prepare two separate erubin; or if they prefer it, [may join in] one erub. If the opening be less than four hands square, or above ten hands high from the ground, they must each prepare their separate erub, and may not join, in one.

§ 2. If there be a wall ten hands high and four hands wide, between two courts, they [the inmates of each] must prepare a separate erub, and may not join in one. If there lie fruit on the wall, they may ascend from each side to eat thereof, provided always they bring none thereof down with them. Should there be a gap [breach] in the wall, not wider than ten hands, they may prepare two erubin, or if they prefer it, join in one, because it [the breach] is considered as a door [gate]. [Should the breach be] wider than this [ten amoth], they must both join in one erub, and not prepare two separate ones.

§ 3. If a trench [or ditch] separate two courts, should it be ten hands deep, and four wide, they [the inmates of each court] must prepare two separate erubin, and may not join in one, even though it [the trench or ditch] be filled with stubble or with straw. Should it [however] be filled with mould or stones, they must join in one erub, and not prepare two separate ones.

§ 4. If a board [plank] four hands wide, has been put across the ditch [trench], and in like manner, if two projecting balconies have been connected by means of such a board or plank, they [the, inmates] may prepare two erubin, or if they prefer it, they may join in one; but [if the board or plank be] less [wide] than this [four hands], they must each prepare a separate erub, and not join in one.

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§ 5. If there be between two courts a straw-rick, ten hands high, they [the inmates] must prepare two separate erubin, and may not join in one. The cattle may be fed [thereof] from each side; and when the rick becomes lower than ten hands, they must join in one erub, and not prepare two.

§ 6. How are [streets or] alleys to be combined? ¹ A man places a cask of wine [in the alley], and says, "This shall be for all the inmates of the alley," ² he may confer on them the right thereto, either through his grown-up son or daughter, or through his Hebrew man-servant or maid-servant, or through his wife; but he cannot confer the right thereto through his minor son or daughter, or through his Canaanitish bond-man or bond-woman, because they are altogether dependant on him.

§ 7. If the [quantity of] food [required to effect the combination] becomes decreased, he may [by himself] add [thereto], and confer the right, without giving them [the other inmates] notice [thereof]; but if [some of] them join him, he adds [sufficient food to make up the quantity required], confers the right [thereto] on them, and gives them notice thereof.

§ 8. How much is the legal quantity [of food required to combine streets or alleys]? When they [who join therein] are numerous, food sufficient for two [Sabbath] meals for all of them; but if they be few, the size of a dried fig, [which is also the quantity of food unlawful for any one] to carry out on the Sabbath, ³ for each of them.

§ 9. R. José said, "To what does the [preceding] regulation apply? To the first preparation for the erub; but to continue the erub, any quantity [of food, however small, is sufficient]." Nor did the sages direct that [where the combinations of an alley had been effected] an erub should be prepared for the [different] courts, except that the children might not become oblivious [altogether forget the rule of erub].

§ 10. With all [kinds of nutriment] the erub or combination may be effected, excepting only water and salt. Such is the dictum of R. Eleazar; but R. Joshua saith, "[Nothing but] a [whole] loaf of bread is a [lawful] erub." Should even a [whole] saah [of flour] be

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baked into one loaf, but that is broken, it must not be used for erub; [whereas] a [small] loaf for an eesar, ⁴ provided it be whole, may be used for an erub.

§ 11. A man may give money to the wine-seller or baker, thereby to acquire the right to [join in] the erub. Such is the dictum of R. Eleazar; but the sages hold, that his money cannot acquire for him the right to [join in] the erub. They however admit, that [if he has given] his money to any other person, [with the commission to effect his erub], it will acquire for him the right to [join in] the erub, since no erub can be effected for a man without his knowledge. R. Jehudah said, "To what do the [preceding] observations apply?" To the combining of limits: but in the combining of courts a man may be joined with or without his knowledge; because a right may be conferred on a person, though he be not present, whereas, he must not be deprived of any right in his absence.

Footnotes

87:1 Vide Introduction to the present Treatise.

87:2 Whosoever lifts it off the ground acquires the right to drink the wine, and to join in the combination.

87:3 Vide Treatise Sabbath, chap. VIII. § 4.

88:4 A small coin; probably the Roman "as."