Eruvin 38b — the Talmud in English

And

this is

“a donkey”—

“a camel.”

That is: like a donkey and a camel together, [and in the manner explained above in the Mishna, page 35a].

Rabban Shimon ben Gamliel and Rabbi Yishmael, the son of Rabbi Yohanan ben Beroka, say:

Certainly, it is one sanctity, and if

he established his residence with his feet on the first day, he does not establish an

—that is, he does not need to establish an eruv—

with his feet

on the second day; and if

his eruv was eaten on the first day, he goes out with it on the

day

second.

Rav said: The halakha is in accordance with these four elders

explained shortly,

and in accordance with Rabbi Eliezer

in our Mishna, [that is: that they hold in accordance with Rabbi Eliezer],

who said: They are two sanctities!

And these are the four

e

lders:

Rabban Shimon ben Gamliel, Rabbi Yishmael, the son of Rabbi Yohanan ben Beroka, Rabbi Elazar son of Rabbi Shimon, and Rabbi Yosei bar Yehuda the anonymous one [this is a designation for him, because in many places Rabbi stated the Mishnas anonymously in accordance with his view. Other tannaim whom Rabbi stated anonymously in accordance with are likewise called by this designation].

And some say: One of them is Rabbi Elazar

anonymous, who is Rabbi Elazar ben Shamua,

and he removes [and excludes from the four]

Rabbi Yosei bar Yehuda the anonymous one!

And we raise a difficulty concerning Rav’s statement, that among the four elders who hold that they are two sanctities he counts Rabban Shimon ben Gamliel and Rabbi Yishmael, the son of Rabbi Yohanan ben Beroka:

But concerning Rabban Shimon ben Gamliel and Rabbi Yishmael, the son of Rabbi Yohanan ben Beroka, we heard the opposite

—in the beraita above—and they hold that it is one sanctity?!

And we answer:

Reverse

their statements in the beraita, for they did not say: “he does not” establish his residence with his feet on the second day, and “he goes out” with it on the second day! Rather, this is what they said: He establishes his residence with his feet on the second day, but he does not go out with it on the second day; rather, he is like the inhabitants of his city even with regard to leniency, for certainly they are two sanctities.

And we raise a difficulty:

If so, this is Rabbi

in the beraita, who also holds this way; and in what do they disagree with him?!

And we answer:

Say: And Rabban Shimon ben Gamliel said likewise

and Rabbi Yishmael, the son of Rabbi Yohanan ben Beroka: If he established his residence with his feet on the first day, he establishes his residence with his feet on the second day; if his eruv was eaten on the first day, he does not go out with it on the second day!

And further we raise a difficulty against Rav:

And he should also count

among the elders who hold that they are two sanctities

Rabbi

who holds this way in the aforementioned beraita?!

And we answer:

Rabbi teaches it

in the beraita that he is entirely like the inhabitants of his city if he did not establish another eruv on the second day, in order to explain Rabbi Eliezer’s statement, that there is no concern of uncertainty here,

but he does not hold it

for he himself holds in accordance with the Rabbis.

And we raise a difficulty concerning it: If you say that Rabbi comes only to explain Rabbi Eliezer’s statement,

the Rabbis

—that is, Rabban Shimon ben Gamliel and Rabbi Yishmael, the son of Rabbi Yohanan ben Beroka—should we not say

also, that they teach it

in the beraita in order to explain Rabbi Eliezer’s statement, that he is like the inhabitants of his city even with regard to leniency,

and

nevertheless

do not hold it

like him?!

And we answer:

Rav learned it as a tradition [this is what he received from his teacher], that Rabbi comes to explain, but does not hold it, while the Rabbis taught their own view in the beraita.

When Rav Huna died [when Rav Huna died],

Rav Hisda entered [Rav Hisda entered the study hall]

to raise a contradiction between Rav and Rav [to raise a difficulty from one statement of Rav against another], and this is how he raised it:

And is it so that

Rav said that the halakha is in accordance with the four elders, and in accordance with Rabbi Eliezer, who said: They are two sanctities?!

But it was stated: Shabbat and a Festival

that are adjacent to one another—for it is established for us that an egg born on Shabbat or on a Festival is forbidden on that day—

Rav said: One born on this day is forbidden

even

on this one.

And it entered our minds that his reason is because they are one sanctity and are like one long day; then Rav contradicts Rav?!

Rabba said: There

where it is forbidden,

it is forbidden

because of preparation

it is forbidden.

That is: An egg that was born today—yesterday it was completed in the hen’s womb. It follows that when it was born on Shabbat, this egg was “prepared” on Shabbat for eating on the Festival, and therefore it is forbidden on the Festival.

And as

it is taught:

It is written:

“And it shall be on the sixth day, and they shall prepare

that which they bring.” And this means that they must “designate” it, for example, by saying: “From here I will eat tomorrow.”

And it is written, “on the sixth day,” and ordinarily the sixth day is a weekday; and the Merciful One considered the Shabbat meal to require that it be designated while it is still daytime, and on a weekday.

From here they learned: A

weekday prepares for Shabbat, and a

day

weekday prepares for a Festival. But a Festival does not prepare for Shabbat,

and Shabbat does not prepare for a Festival .

From here they derived: A

And we raise a difficulty:

Abaye said to Rabba

to Rabba: According to your words, that an egg is forbidden because of preparation.

But this that we learned

in our Mishna:

How does he act

on a Festival adjacent to Shabbat:

He leads it

to the end of the Shabbat limit

on the first day and remains there until dark, and he takes it and comes back; on the second day he remains there until dark, eats it, and comes back.

How is it permitted to do this?

But

here

when he acquires residence at the end of the Festival day for Shabbat,

is he not preparing from the Festival for Shabbat?!

How is it permitted to do this?

He said

as a refutation,

Rabba said to him: Do you think

that ordinarily

the end of the day

of the eve of Shabbat is when he

acquires an eruv,

until you say that he acquired residence on the Festival for Shabbat?!

It is not so!

Rather,

the beginning of the day

is when he

acquires the eruv, and Shabbat prepares for itself

and not the Festival prepares for Shabbat.

And Abaye raises a difficulty against Rabba:

But from now on, since the beginning of the day acquires the eruv, the Mishna that we brought above, page 36a, presents a difficulty: A jug that is a “tבול יום,” which he filled from the jug of untithed tithe produce [for the tithe-offering], and he said: “This is the tithe-offering when it becomes dark” [after the jug becomes pure at sunset]—his words take effect [for the offering was not disqualified].

And if he said: “Establish the eruv for me with this,” he has said nothing! [Since during the daytime it is untithed produce and is not then fit to eat].

And according to your words, that the beginning of the day—when the untithed produce has already been rectified—acquires the eruv,

should they establish the eruv with the jug?!

It is necessarily the case that the end of the day acquires the eruv, while it was still untithed produce [as we also said above: “This indicates that the end of the day acquires the eruv”].

And Rabba answers: [as we also rejected above, “This indicates”]:

There, because

we require a meal that is fit from while it is still daytime, and there is none

for while it is still daytime it is still untithed produce.

And Abaye raises a difficulty against Rabba, who said that we require a meal that is fit from while it is still daytime:

But this that we learned

in our Mishna:

Rabbi Eliezer says: “On a Festival adjacent to Shabbat, whether before it or after it, a person establishes two eruvin”

on the Festival to the east, and on Shabbat to the west!

This presents a difficulty: How is the eruv that he placed at the end of two thousand cubits to the west effective for Shabbat?

But

we require a meal that is fit from while it is still daytime,

so that he can walk to his eruv while it is still daytime. And since during the daytime his residence is still at the end of two thousand cubits to the east, he cannot come during the daytime to the end of two thousand cubits to the west to eat his eruv, for it is outside his limit;

and

it follows that

there is none

of a meal that is fit from while it is still daytime. How, then, is the eruv effective?

we require a meal that is fit to be eaten while it is still day,

And Rabba answers him:

Do you think

that it is speaking

of his placing

his Festival eruv

at the end of two thousand cubits from the city

here [to the east],

and

placing his Shabbat eruv

at the end of two thousand

here [to the west], so that he cannot come on the Festival from one eruv to the other because it is outside his limit?!

No,

it is not so.

Rather, what are we dealing with here?

He places

the Festival eruv

at the end of one thousand cubits

from the city

here [to the east; it is speaking of a case in which he needed to walk only three thousand cubits beyond the city].

And

he places his Shabbat eruv

at the end of one thousand cubits

from the city

here [to the west; it is speaking of a case in which he needed to walk only three thousand cubits on Shabbat].

It follows that there are only two thousand cubits between the eruvin, with the city in the middle; and it is speaking of a case in which he returned and spent the night of the Festival in the city, for in such a case we regard the entire city in which he spent the night as only four cubits, and he can go during the daytime to his eruv in the west.

And Abaye still raises a difficulty against Rabba:

But this that Rav Yehuda said: If he established his residence with his feet on the first day

[on the Festival] to the east,

he establishes his residence with his feet

on the second day

to the east;

if he established his residence with bread on the first day

to the east,

he establishes his residence with bread on the second day

to the east! [And Rav Yehuda’s words will be explained more fully at the end of the sugya].

And now there is a difficulty: How can he establish his residence with his feet on the Festival, for the second day, which is Shabbat?!

For it entered our minds that an eruv is effective by silence only when he establishes it on the second day with bread, but when he establishes his residence with his feet, he requires a statement, that he say: “My residence is in my place.” And since he cannot know when the beginning of the day is, which is the time of acquiring the eruv, he must say this while it is still daytime; and there is a difficulty:

Is he not preparing

by his statement

from the Festival for Shabbat?!

And see in the Ritva, s.v. “Rather,” what he explained concerning the distinction between bread and establishing his residence with his feet .

to the east,

He said to him

Rabba to Abaye:

Do

you think

that we require

that he go and say something?!

It is not so.

Rather,

he goes, remains silent, and sits [he goes and sits and remains silent], for we do not require a statement. And since residence itself acquires [the eruv] only at the beginning of the day, as we said, there is no issue of preparation here. And we inquire concerning this:

In accordance with whom

did Rabba say that we do not require a statement?

Is it

in accordance with Rabbi Yohanan ben Nuri, who said: The ownerless objects acquire residence

?

For we learned in the Mishna below, page 45a: “One who was sleeping on the road and did not know that it had become dark has two thousand cubits in every direction, the words of Rabbi Yohanan ben Nuri. And the Rabbis say: He has only four cubits.”

And we said concerning it in the Gemara there, according to one side, that Rabbi Yohanan ben Nuri holds that “ownerless objects”—that is, utensils that have no owners—upon which darkness fell in one place, even though no person intended to acquire residence for them there, acquire residence by themselves, and it is forbidden to take them outside their limit.

And Rabbi Yohanan ben Nuri compares utensils for which no person intended to acquire residence to a person who did not intend to acquire residence.

And as for Rabba too, shall we say that it is for this reason that he holds that he does not require a statement, because he holds in accordance with Rabbi Yohanan ben Nuri?!

And we answer:

You may even say

that Rabba’s words are in accordance with

the Rabbis, although there they disagree with Rabbi Yohanan ben Nuri.

For

the Rabbis disagreed with Rabbi Yohanan ben Nuri only concerning one who was sleeping, for he cannot say “My residence is in my place,” and therefore he did not acquire residence while he was sleeping.

But when he is awake, for if he wished to say it he could say it, we do not require that he say it explicitly. Rather,

even though he did not say it—

it is considered as though he said it.

Rabba bar Rav Hanan said to Abaye, concerning Rabba’s statement, that if a statement were required for an eruv, it would be forbidden to acquire an eruv on a Festival for Shabbat, but nevertheless, since a statement is not required, we do not care that he walks to acquire an eruv for Shabbat while it is still daytime:

If the master had heard

[Rabba]

this that is taught:

It is written: “And you shall honor it by not doing your ways, by not pursuing your affairs,” teaching that engaging in “your affairs” on Shabbat is forbidden. Therefore:

A person should not walk

on Shabbat

to the end of his field, to know what it

[the field]

requires

after Shabbat;

even though he did not say it, he is

considered as though he said it.

Rabba bar Rav Ḥanin said to Abaye

concerning Rabba’s statement: Rabba held that if a declaration were required for an eruv, it would be forbidden to establish an eruv on a Festival for the sake of Shabbat; nevertheless, since no declaration is required, there is no concern when he goes out while it is still day to establish an eruv for Shabbat:

If my master had heard

from Rabba

that which was taught:

It is written: “And you shall honor it by not carrying out your ways, by not pursuing your affairs,” teaching that engaging in one’s own affairs is forbidden on Shabbat. Therefore:

A person may not walk

on Shabbat

to the edge of his field in order to find out what it

the field

needs

after Shabbat;