Babylonian Talmud

Rodkinson 1918 — source 2, scan section 8

vate individual and this makes it private ground. TRACT SABBATH. 199 R. Johanan : The Mishna treats of a case where the object thrown came in contact with an obstacle by means of which it rolled back, and therefore it rested for a moment outside of four ells. Rabha said: " In the opinion of the sages, who differ with R. Aqiba concerning his decree, that an object surrounded by the atmosphere of a certain place makes the object equal to having been deposited in that place, a man who threw a thing from private into private ground by way of public ground, even below three spans from the ground, is not culpable unless the thing thrown rested for a moment at least on the public ground." Mareimar sat and repeated the above decree. Said Rabhina : " Does not our Mishna say the same, through the declaration of R. Johanan, who decrees that the Mishna holds a man culpable only if the object thrown by the man rests at its destination for a moment ?" Answered Mareimar: Thou speakest of a rolling thing (which is carried along by the wind and it is not known when it will stand still). Such a thing cannot be regarded as resting, although it is below three spans from the ground, but in our case it is different. The thing was thrown (and was not rolled by the wind); so we might assume that when it reached a distance of less than three spans from the ground, it must be considered as resting on the ground ; he informs us (that such is not the case). MISHNA: If one throw a distance of four ells on the sea, he is free ; if there happen to be shallow water, through which a public thoroughfare leads, where he threw the four ells, he is culpable. What must be the maximum depth of such shallow water ? Less than ten spans ; for one who throws four ells in shal- low water, through which only occasionally a public thorough- fare leads, is culpable. GEMARA: Said one of the schoolmen to Rabha: "The Mishna mentioning a public thoroughfare twice is justified in doing so, because we might presume that a thoroughfare used only in cases of necessity cannot be regarded as a public thor- oughfare, and hence the Mishna informs us that while in other cases use from necessity is not to be regarded as customary, in this case it is different. But why is shallow water mentioned twice ? " Answered Abayi : Wo might presume that the shallow water was not four ells wide, in which case it would be used as a thoroughfare; but if it was four ells, people would circumvene it, and thus it would not be considered a public thoroughfare; 200 THE BABYLONIAN TALMUD. therefore it is repeated to inform us that there is no difference between shallow water less than four ells wide or more, MISHNA: One who throws from the sea into land, from land into the sea, from the sea into a ship, from a ship into the sea, or from one ship into another, is free. If ships are bound together, one may transfer an object from one into the other; but if the ships are not bound together, even though they lie alongside of one another (and meet), one must not transfer a thing from one into the other. GEMARA: We have learned: If one desires to draw water from the sea into the ship, he must make a small (board) attach- ment to the side of the ship, and then he can draw the water. So said R. Huna, because he holds that unclaimed ground com- mences from the bottom of the sea and ends with the surface. The atmosphere above the sea is considered as ground under no jurisdiction, and hence the making of the attachment was really not necessary; but it being Sabbath, this should be done to distinguish the Sabbath from week-days. R. Hisda and Rabba bar R. Huna said: "The attachment made should be four ells wide," because they hold that the unclaimed ground commences from the surface of the water, and the water itself is considered as ground, and if the attachment were not made, it would constitute carrying from unclaimed ground into private eround, and this is not allowed to commence with. R. Huna said: " On the small boats, that are not four spans wide down their entire depth, a man must not carry anything only for four ells (because it cannot be considered private ground), unless at a distance of three spans from the ground the boat is four spans wide. If there be sticks or refuse at the bottom of the boat, the bottom of the boat commences from the top of such sticks or refuse, and if the boat be ten spans high, accord- ing to that calculation one may carry in it." R. Na'hman opposed this: " Why should a man not be permitted to carry in a boat the bottom of which is not strewn with sticks and refuse ? " Have we not learned in a Boraitha that R. Jose b. R. Jehudah said: " If one placed in public ground a stick (ten spans high), on top of which was a trough, which was four spans wide, a person throwing anything on top of the trough is culpa- ble, because, while the trough was not ten spans high itself, the height of the stick upon which it rests is considered as included in its own." Why should this not also refer to the case of the boat, and the place where it is four spans wide be considered TRACT SABBATH. 201 as if it reached down to the bottom ? R. Joseph opposed R. Na'hman as follows: " Did not R. Na'hman hear that R. Jehu- dah, in the name of Rabh, according to others, in the name of R. Hyya, said, that the sages did not agree with Jose b. R. Jehudah and exonerated the man?" Hence we see that the Boraitha, treating of the boat, holds with the opinion of the rabbis. " If ships are bound together," etc. Is this not self-evi- dent ? Said Rabha: "The Mishna wishes to inform us, that one is permitted to carry from one ship into another, even if a small boat is between them, i.e., one may carry from one ship into the boat and thence into the other ship, even though the small boat is not tied to either ship." Said R. Saphra to him: " Moses!* How canst thou say such a thing? Does not the Mishna state explicitly that one may carry from one ship into another? No boat between them (was mentioned)." R. Saphra, however, explained the Mishna thus: The Mishna, by saying one may carry from one ship into another, means to say that an Erubh may be made between the two ships, just as between two houses, and then things may be carried from one into the other, as we have learned in a Boraitha: An Erubh may be made between ships that are tied together and things may be carried from one into the other. If the rope by means of which the ships were lashed to each other became torn, carrying to and from one ship to the other is not allowed ; but if the ships were lashed together again, either intentionally or unintentionally, through compulsion or through an error, the original permission again holds good. The same is the case with mats of which tents were made,