Bartenura on Mishnah Eruvin
- 10.6.4
המזחלה – like a kind of sloping building made next to a wall where water is running or on top of the ground which is called “flowing”/זוחל as it is written (Deuteronomy 32:24): “[with venomous] creepers in dust.”
- 10.6.5
למטה מעשרה טפחים – is our reading, and this is how it should be understood: A person stands in the public domain and catches [liquid] in a vessel that is ten handbreadths lower from the water that is coming down from the gutter/spout and he catches it explicitly as it explains in the Gemara (Talmud Eruvin 99b) but he does not combine/join and attach to the mouth or the utensil to the spout which is less than three [handbreadths] nearest the roof, even though it is less than ten [handbreadths], nevertheless, for since it is lying on the length of the wall and within three [handbreadths] of the roof, it is like the roof and it is like removing from the roof which is the private domain to the public domain.
- 10.6.6
ומן הצנור מ"מ – that is to say, whether it catches or whether it attaches because the spout always protrudes and goes out to the public domain, and in the Gemara (Talmud Eruvin 99b) it establishes that when the spout lacks four [handbreadths] by four [handbreadths] it doesn’t divide a domain to itself.
- 10.7.1
וחולייתו י' חלון שעל גבה ממלאין ממנה – because its surrounding bank which is the rim that is around it is ten handbreadths high, and we hold that the public domain is not higher than ten handbreadths, other than in an exempt place, therefore, we fill up from the window that is over it (into the house) on the Sabbath, that entails removing from the private domain to the public domain through an exempt place, and even if a pit is removed from the wall of the window four handbreadths, we fill from it, for there is no public domain forming a partition from the pit to the window at the time when we are filling water other than the exempt place alone.
- 10.7.2
וכן אשפה ברשות הרבים גבוהה י' טפחים – it is the private domain and we don’t suspect lest [someone] takes garbage and stands less than ten [handbreadths], and one comes to throw it, as at first, and specifically the garbage of the public, which is not made to be removed but garbage of the individual which is made to be removed we don’t throw it on the Sabbath for we are concerned that perhaps he vacates it/eases oneself on it, and it is like the public domain.
- 10.8.1
המיסך – that its branches hang over downwards from all of its sides around.
- 10.8.2
מטלטלין תחתיו – for since its branches are not three handbreadths or higher from the ground, they are like the legal fiction of considering separated parts as united and they are seen as partitions. Therefore, it is permitted to carry underneath it, but nevertheless, it is necessary to fill the airspace that is between the branches and the land with straw, stubble and similar things, and to tie up the branches so that the wind doesn’t move them for a partition that is unable to withstand a wind that is present is not a partition. But we don’t carry in it other than in a field requiring one Se’ah of seed (a square measure) which is seventy cubits and a balance (less than eighty) for every partition whose usage is for the airspace, that is to say, to protect the airspace of the fields and vineyards and not to dwell there, we don’t carry there other than with a field requiring one Se’ah of seed/בית סאתים.
- 10.8.3
לא ישב עליהן – for it is prohibited to use a tree lest one detaches something, but if it is not higher than three [handbreadths], it is permitted to sit upon it.
- 10.8.4
הדלת שבמוקצה – it is wide, that is behind the house, and its door is not affixed with a hinge like other doors but stands upright against the opening and when he opens it, the door attaches to the ground.
- 10.8.5
חדקים – thorns that they set up to close with them a breach.
- 10.8.6
וכן מחלצות – [matting] of reeds – all of these are not attached and are not affixed in their places but when we come too open, we cast them on the ground; therefore, we don’t lock with them for it appears like “building,” other than if they are above the ground, for then, they do not appear like “building” and one can lock things with them.
- 10.9.1
לא יעמוד אדם ברשות היחיד – and take a key that is placed in the public domain and open with it the door to the store that is placed in the public domain and even though there isn’t from the place of the key to the opening four cubits, as decree lest he would bring in the key near him.
- 10.9.2
אא"כ עשו לו מחיצה – and stand in it and open it and/or lock it.
- 10.9.3
אמרו לו ולהא מעשה בשוק של פטמים – the Rabbis heard Rabbi Meir for just as when he said that a person should not stand in the private domain and open [a door] that is in the public domain, this is how it should also be understood: a person should not stand in a Karmelit and open [a door] in the private domain and/or stand in the private domain and open in the Karmelit, and because of this when he gives him from the crammers’ market (where animals are fattened for sale or who deals in such) that was in Jerusalem which is a Karmelit, since its doors are locked at night, it is not a called a public domain, and the window where they place the key was in the private domain, they would stand in the Karmelit and open it the private domain.
- 10.9.4
פטמין – butchers who fatten animals to slaughter, but the Halakha is not according to Rabbi Meir, neither in the public domain nor in the Karmelit.
- 10.9.5
של צמרים – sellers of wool.
- 10.10.1
נגר – a kind of door-bolt that they insert in the walls or in the lintel to lock the door.
- 10.10.2
גלוסטרא – that its top is wide and round like a pomegranate and is made like a club (with a handle used as a door-bar – see Talmud Eruvin 102a) that one uses to pound with it peppers, and even though it has the status of a utensil, Rabbi Eliezer forbids it other than it if is attached and hanging on the door. But Rabbi Yosi permits it and the Halakha is according to Rabbi Yosi.
- 10.11.1
נגר הנגרר – a bolt that is attached to the door, but it is not suspended from it, as the rope that is tied to it is long and the bolt drags on the ground, and we are dealing with a bolt that lacks at its head a knob/club. But if it has a club/knob, Rabbi Yosi permits it even though it is not attached, and the Halakha is according to him.
- 10.11.2
נועלים בו במקדש – for this is merely something forbidden by the Rabbis as being out of harmony with the celebration of the Sabbath (and Yom Tov), and it is not actually “building” for since it is fastened, but rather because it drags, it appears like building, but there is no Sh’vut in the Temple.
- 10.11.3
והמונח – it is not attached at all, it is really “building.” And Rabbi Yehuda holds that it is not really “building,” but rather looks like “building.” But in the Temple, they (i.e., the Rabbis) did not decree because of Sh’vut. But even one who drags in the country (i.e., outside of Jerusalem/the Temple), is permitted, since it is attached, and even though it is not suspended. And the Halakha is according to Rabbi Yehuda.
- 10.12.1
מחזירין ציר התחתון – of the door for all the time that the upper hinge/pivot had not gone out, it is easy to restore it, and there is no “building” involved.
- 10.12.2
אבל לא במדינה – a decree lest he fasten it which is work.
- 10.12.3
העליון כאן וכאן אסור – for since the top [hinge] came out, all of it falls and it would be to him like “building.”
- 10.12.4
רבי יהודה אומר כו' – there is no building with utensils and there isn’t anything other than [the issue of] doing something forbidden by the Rabbis as being out of harmony with the celebration of the day. But the Halakha is not according to Rabbi Yehuda.
- 10.13.1
מחזירין רטיה – a Kohen that needed to perform the Temple service on Shabbat and took off an emollient that had been on his hand in order that there wouldn’t be an intervening object between his flesh and his Temple service, restores it on top of his wound after the Temple service performed, for if you did not permit him to restore it, he would be prevented and would not perform the Temple service.
- 10.13.2
אבל לא במדינה – a decree lest he would rub off the emollient and be liable because of rubbing/blotting out.
- 10.13.3
ואם בתחלה – it was not attached while it was still daylight and this Kohen did not go up for the needs of the Temple service.
- 10.13.4
כאן וכאן אסור – and we don’t say here that there is no issue of doing something forbidden by the Rabbis as being out of harmony with the celebration of the day in the Temple, for it is not for the need of the Most High (i.e., God), but his own need hat the Rabbis forbade restoring the emollient for it is not anything other than spreading it out on the ground, but if he took it in his hand, all the time that it is in his hand or even placed upon a utensil and he didn’t spread it on the ground, it is permissible to restore it, in every case.
- 10.13.5
קושרין נימא – the string of a harp of the Song of the Levites that broke on Shabbat, for he holds that the requirements of a religious act (see Talmud Eruvin 102b) that he could have done them from the day before, for today it snapped, override the Shabbat. But specifically, that it snapped in the middle that he doesn’t tie it other than according to the hour (i.e., a temporary tie), but near its pegs which is a permanent tie, it is prohibited.
- 10.13.6
ואם בתחלה – he had never been there that he couldn’t have done it from the day before, it is prohibited.
- 10.13.7
יבלת – it is a blemish on holy things, as it states (Leviticus 22:22): “[Anything blind, or injured, or maimed,] or with a wen, [boil-scar or scurvy – such you shall not offer to the LORD; you shall not put any of them on the altar as offerings by fire to the LORD],” and we cut it off in the Temple by hand for [this act] is nothing other than doing something forbidden by the Rabbis as being out of the harmony of the Sabbath day, and it is done in with the back of the hand/indirectly but not with a utensil, since that is complete work which is how it is accomplished on weekdays, and when you cut it off from a living being, that is a derivative of shearing the wool.
- 10.14.1
כורך עליה גמי – even though the reed heals the wound for since now, however, it is the need of the Temple service that is not the custom that his wound should be seen with the Temple service and he covers it with reed/bulrushes.
- 10.14.2
אבל לא במדינה – for healing on the Sabbath is something forbidden by the Rabbis as being out of harmony of the Sabbath day and is prohibited.
- 10.14.3
ואם להוציא דם – that he fastens it with red/bulrushes in order to remove its blood.
- 10.14.4
כאן וכאן אסור – for it is wounding a person and is one of the chief labors forbidden on the Sabbath and would not be permitted in the Temple.
- 10.14.5
בוזקים מלח – crush and scatter salt on the ramp that they (i.e., the Kohanim) ascend on it to the altar because it is smooth and sometimes, they fall from it and their feet slip on it. בוזקים is the language of crushing.
- 10.14.6
אבל לא במדינה – because it is repairing.
- 10.14.7
ממלאים מים מבור הגולה ומבור הגדול – this is their names and both of them are in the chamber of the Temple courtyard.
- 10.14.8
בגלגל – that is made to lift up the bucket by it through cables and from these two wells alone, they (i.e., the Rabbis) permitted to fill water with the wheel on Shabbat, but the other wells were forbidden as a decree lest he fill up his garden and his ruins because he fills it without a trouble, and he would end up watering with his garden and ruins on Shabbat, and in a place where there one doesn’t make a decree lest he provide water to his garden and his ruins, it is permitted to fill them on the wheel. But we don’t suspect because a public announcement is made as they only prohibited the sound of the song alone. And that is so that they permitted knocking at the door or striking the gate on Shabbat and there is nothing in this.
- 10.14.9
ומבור הקר – on account of the fact that it was a well of living waters, they called it the Welling/Outpouring Well, from the language of “source”/מקור. And this well was needed for the people from the Diaspora on the Jewish holy day and the prophets that were among them, Zechariah and Malachi permitted them to fill from it with a wheel on the Jewish holy day and it remained when they permitted that they could fill from it with a wheel on the Jewish holy day even in the countryside (i.e., outside of Jerusalem in the land of Israel), which was not the case with the other wells that flow.
- 10.15.2
בהמיינו – with his belt and even though it ritually defiles his belt which is holy, this is preferable so that the defilement is not detained in the Temple courtyard to go to search after a pair of wooden tongs and that his hands didn’t come in contact with it so that the Kohen himself would not be defiled. Therefore, with his girdle he grabs it that he didn’t touch it and the unclean reptile does not defile through carrying and the belt which is ritually defiled by the unclean reptile does not defile the Kohen when he holds it for the belt is first level of Levitical defilement, but a person and utensils do not receive defilement other than from the original or direct causes of Levitical defilement.
- 10.15.4
שלא לרבות את הטומאה – to ritually defile a pure belt and it is appropriate for him to detain it there and to go after a pair of tongs rather than increase the defilement. And the Halakha is according to Rabbi Yehuda.
- 10.15.5
מהיכן מוציאין אותו – on the Sabbath.
- 10.15.6
מן ההיכל ומן האולם – but if it is found in the Temple courtyard, cover it with a large pot and leave it there until it gets dark.
- 10.15.7
כל מקום שחייבין על זדונו כרת – if he would enter it in a state of ritual defilement into the Temple courtyard, they remove him from there and all the other places they cover it with a large pot, a copper pot.
- 10.15.8
ושאר כל המקומות כופין עליו פסכתר – The Aramaic translation of his pots is his pots to cover it until it gets dark, and the Halakha is according to Rabbi Akiva.
- 10.15.9
ר"ש אומר מקום שהתירו – Rabbi Shimon disputes the first Tanna/teacher of above (i.e., Mishnah 13) who said that we tie a string in the Temple and he holds that we do not tie a chord of harp that broke other than fastening with a loop (i.e., not making a knot) which is forbidden because only because of being an activity that the Rabbis forbade as not being in harmony with the observances of the day/Sh’vut. But it is impossible that it would come through it to an obligation from the Torah, but we don’t tie with a knot, for it is possible that it would come through it to an obligation from the Torah, and Rabbi Shimon says to the first Tanna/teacher: do not be amazed at me that I am stringent here and regarding Sabbath limits, I am more lenient. For I saw, that even if he went fifteen cubits outside the Sabbath limit, he can enter. For concerning Sabbath limits, they (i.e., the Sages) gave to you what is yours because they knew that those fifteen cubits are not outside of the Sabbath limits for those who measure the Sabbath limits establish fixed markers at the end of the limit, it is established regarding them that they don’t fix the limit at the end of two-thousand exactly, but rather enter into the limit because of those who err who don’t recognize the sign/symbol and sometimes they go out further than it a little bit and then return. For that reason, I am lenient with the Sabbath limits. But to tie a cord in the Temple which they did not permit in the Temple, other than a prohibition of Sh’vut/forbidding something as not being in harmony with the observance of the day of Shabbat which is not a Torah obligation I am strict and say that specifically fastening with a loop (i.e., not making a knot) which has the prohibition of not being in harmony with the observance of the day of Shabbat, but not to make an actual [permanent] knot, for sometimes there is an obligation from the Torah. But the Halakha is not according to Rabbi Shimon.
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Bartenura on Mishnah, trans. by Rabbi Robert Alpert, 2020. Via Sefaria (sefaria.org), Sefaria-Export. Version source: http://sefaria.org/ Licence: CC-BY. Source.