Chapter VI

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

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CHAPTER VI.

§ 1. He who dwells in one court with a heathen, or with one who does not acknowledge [the validity of] erub, is through them prohibited [from carrying or moving therein]. Such is the dictum of R. Meir; but R. Eleazar ben Jacob saith, "At no time can [such] a prohibition be caused, unless by two Israelites who prevent each other."

§ 2. R. Gamaliel related, "It happened that a Sadducee dwelt with us in one alley, in Jerusalem; and my father said to us [on the Sabbath-eve], 'Make haste and bring all the vessels into the alley, lest this [Sadducee] bring out his, and make it unlawful for you [to carry out yours].'" R, Jehudah related [the same circumstance], with a variation in the language: "Make haste and do what you require [done] in the alley, lest he come out and make it unlawful for you."

§ 3. Should one of the householders of a court forget, and not join in the erub, it is unlawful for him and for them [the other inmates of the court], to carry any thing out of, or into his house; but their [houses] it is lawful for him and for them to carry into, and out of; if they [the other inmates] have resigned to him their [common] right [to the court], he is permitted [to carry and convey therein], but they are forbidden [so to do]. If there be two [who have neglected to join in the erub], they impede each other; for one individual can renounce [the] right [to the court], and can acquire [that] right; but two persons [though they can jointly] renounce the right, cannot [jointly] acquire the right [to the exclusive use of the court].

§ 4. From when is the right to be conferred? Beth Shammai hold, "while it is yet day-light;" but Beth Hillel hold, "from dusk [on the eve of the day of rest]." Whoever renounces his right [to the court], and afterwards carries [or conveys within it], whether he does it inadvertently or intentionally, he renders it unlawful for them [the other inmates of the court to carry or convey therein]. Such is the dictum of R. Meir; but R. Jehudah saith, "If he does it intentionally, he makes it unlawful [for them], but if inadvertently, he does not make it unlawful."

§ 5. Should a householder be in partnership in [one cask of] wine with two of his neighbours [residing in the same alley], they require no erub; if he is partner with one in wine, and with one in

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oil, they do require an erub: R. Simeon saith, "In the one [case] as in the other, they do not require any erub."

§ 6. Should five different companies take their Sabbath-rest in one saloon, ¹ Beth Shammai hold, "that each company requires a separate erub;" but Beth Hillel hold "that one erub [is sufficient] for [them] all." Both agree, that if any of these companies occupy distinct chambers, or attics, [then] each company requires a separate erub.

§ 7. Brothers, or associates, who take their meals at their fathers’, [or at one] table, but sleep [each] in his [separate] house [in the same court], must each one prepare a separate erub. Therefore, if one of them has forgotten, and not prepared an erub, he must renounce his right [to the common court]. When is this the case? When the erub has been deposited in some other place [house]; but if the erub has been placed with them, or if there are no other inhabitants in the court, they need not prepare any erub.

§ 8. Five courts that open into each other, and also open into one [common alley], if they [the householders therein] have joined in erub for the courts, but have not combined the alley, ² they are permitted [to carry and convey] in the courts, but are prohibited [so to do] in the alley; but if they did combine the alley, they are permitted in both [courts and alley]. If they have combined the courts and also the alley, should one of the householders of the courts forget, and not join in the erub, they are [nevertheless] permitted [to carry and convey] in both [courts and alley]; should one of the householders of the alley have forgotten to join in the combination, they are permitted [to carry and convey] in the courts, but are forbidden [so to do] in the alley, [inasmuch] as the alley is [in the same relation] to the courts, as the courts [are] to the houses [within them].

§ 9. If two courts be one within the other, [should] the [inmates of the] inner court prepare its erub, and [those of] the outer court not, [the inmates of] the inner court may [carry and convey within it],but [those of] the outer court must not [do so]. Should [those of], the outer court have prepared the erub, but not [those of] the inner court, both are prohibited; if each have prepared its separate erub, the [inmates of] each are permitted [to carry or convey] within its own limits. R. Akivah holds that the outer court is prohibited, and that the right of thoroughfare [possessed by the inner court]

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renders it so; but the sages hold that this right of thoroughfare does not render [the outer court] prohibited.

§ 10. Should one [of the householders] of the outer court forget to join in the erub, the inner court is permitted, but the outer court is prohibited. Should one [of the householders] of the inner court forget to join in the erub; both are prohibited. If they both deposit their erub in one place, and one [of the householders], whether of the inner or of the outer [court] forgot, and did not join in the erub, both are prohibited. Should each court be the property of a single individual, [or inhabited by one household only] they require no erub.

Footnotes

85:1 ‏טרקלין‎, from the Latin triclinium; here it means one saloon divided by partitions into five compartments, each having a distinct outlet into the court.

85:2 Vide Introduction to this Treatise.