Babylonian Talmud

Rodkinson 1918 — source 3, scan section 93

may be used. This presents no difficulty. The Boraitha that permits the tree to be used refers to one which during the sum- mer had lost all its fruit and leaves, while it prohibits a tree to be used in the rainy season when it is full of fruit and leaves. Rami bar Abba said in the name of R. Assi: A man must not walk on the grass on the Sabbath, for it is written [Proverbs xix. 2]: " He that hasteneth with his feet is a sinner." One Boraitha teaches, that a man is not allowed to walk on grass on the Sabbath and another teaches that he may! This presents no difficulty. One Boraitha refers to wet grass which is easily torn, while the other refers to dry grass. At this time, however, when we hold in accordance with the opinion of Sim- 240 THE BABYLONIAN TALMUD. eon, that an act which one has no intention of performing does not make one culpable, it is permitted to walk on any kind of grass. MISHNA: The shutters of a bleaching ground or thorn bushes (as are used) to fill up breaches in a wall or reed mats must not be used to close up avenues unless they be placed a trifle above the ground, GEMARA: The following presents a contradiction to the Mishna : We have learned : Portable shutters, reed mats, and plough-handles, if already hanging in their places, may be used to close up (avenues) on Sabbath and so much more on festivals ? Said Abayi : " Providing they have hinges," and Rabha said: Even if they have no hinges at the time but at one time did have, they may be used." An objection was made: " We have learned: Portable shut- ters, reed-mats, and plough-handles if already hanging in their places and but one hair's breadth removed from the ground, maybe used to close up avenues?" Abayi explains this, in accordance with his former dictum, as follows: " Providing they either have hinges or are removed from the ground even one hair's breadth," while Rabha explains this, according to his former statement, namely: " Providing they at one time had hinges or were one hair's breadth distant from the ground." The Rabbis taught: Thorn bushes, or bundles of thorns, which were prepared for filling up a breach in a wall, may, if they were tied together and already hung up, be used to close up avenues on the Sabbath and so much more on a festival. R. Hyya taught: " A movable widow-door may not be used to close up avenues on the Sabbath." What is meant by a widow-door ? Some say if it had only one board (which appears to be as a part of the wall) while others say that it may be even a two-board door but had no joints. R. Jehudah said : Bonfires may be made on a festival pro- vided they are ignited from the top, but they must not be ignited from the bottom, (because the flames would envelop the fuel and make it appear like a tent of fire). The same rule applies to eggs, pots, folding-beds used in the field, and casks {i.e., they must not be piled up in the form of tents and in the case of eggs they must not be cooked over a fire which has the appear- ance of a tent). A Sadducee said to R. Jehoshua ben Hananiah : " Ye (all Israelites) are compared to thorns, because it is written concern- TRACT ERUBIN. 241 ing you [Micah vii. 4]: 'The best of them is hke a brier.'" Replied R. Jehoshua: " Look further into the verse, thou fool, where it is written [ibid.] : ' The most upright is sharper than a thorn hedge,' which signifies, that as a thorn-hedge is used to fill up a breach in a wall, so do the upright among us shield us from all evil." MISHNA: A man must not, standing in private ground, unlock with a key something in public ground, nor may he, standing in the public ground, unlock with a key something in private ground, unless he had previously made a partition ten hands high (round the spot on which he stands). Such is the dictum of R. Meir; but the sages said to him : " It was the cus- tom in the poultry-dealers' * market, at Jerusalem, to lock up the shops, and place the key in the window (aperture) above the door." R. Jose said: '* This was done in the wool-market." GEMARA: The sages object to the dictum of R. Meir. who speaks of public ground, by citing an instance in Jerusalem which is unclaimed ground. Did not Rabba bar bar Hana say in the name of R. Johanan that Jerusalem, if the gates were not closed at night, would be considered public ground as far as Sabbath is concerned ? Said R. Papa: Our Mishna treats of Jerusalem after its fortifications had been razed to the ground when it became public ground, but Rabha said : The sages did not object to the dictum of R. Meir as quoted in the Mishna, but to another statement of his referring to gates of gardens, and the Mishna should read thus: " Nor may he, standing in private ground, open with a key something in unclaimed ground, or vice versa, unless he had made a partition ten spans high." Such is the dictum of R. Meir; but the sages objected: " It was the custom in the poultry-dealers' market, etc., etc." The Rabbis taught : The doors of the gates of gardens if leading into a porter's lodge on the inside may be locked from the inside. If the porter's lodge was outside of the door, the doors may be locked on the outside, and if there were lodges on both sides of the doors they may be locked on either side, but if there were no lodges at all, the doors must not be locked at all, because they are situated in private ground and the key must * The Hebrew term which we render "poultry-dealers" is Patmim. Rashi translates it " butchers." The Aruch and the Alphasi, however, interpret the term " poultry-dealers." In Tract Beitza, 296, Rashi explains the word Patam " one who feeds poultr}'." VOL. III. — 16 242 THE BABYLONIAN TALMUD. necessarily be brought from public ground. The same rule applies to shops that opened into public ground. If the lock of the door was less than ten spans from the ground, the key should be brought on the eve of Sabbath and deposited on top of the door, and on Sabbath he may take it down, lock the door, and put the key back in its place. If there was an aperture above the door, he can place the key in that aperture providing the aper- ture was not four spans square, for if it be four spans square it constitutes a separate ground in itself, and the man would carry from one (kind of) ground into another. MISHNA: A loose bolt with a knob to it, is prohibited to use on Sabbath. Such is the dictum of R. Eliezer; but R. Jose permits its use. R. Eliezer said : In the synagogue of Tiberias it was customary to use such a bolt, until Rabbon Gamaliel and the elders came and prohibited it. But R. Jose replied : On the contrary, they refrained from using it as unlawful, until Rabbon Gamaliel and the elders came and permitted it. GEMARA: If the bolt was fastened to a cord (rope) and