According to
the Torah “Three times a year- on Passover, on Shavuot, and on Sukkot-all your
males shall appear before the Lord your God in the place that He will choose. They
shall not appear before the Lord empty-handed, but each with his own gift,
according to the blessing that the Lord your God has bestowed upon you.” (Deuteronomy
16: 16-17) Of course, the place where all Israelites congregated on the
pilgrimage holidays was Jerusalem because the holy Temple stood there. When
there are no pandemic restrictions, many Diaspora Jews still go to celebrate
these pilgrimage holidays in Jerusalem. Today making our way to Jerusalem is
quite easy. We hop on a plane and hours later we are in Israel and a sharut
ride away from our final destination.
Even within the Land of Israel, a pilgrim’s journey to
the Holy City was not easy back in biblical and talmudic days. The Israelite
had to transport his gift whether it was a grain offering or an animal
sacrifice. The journey had to take days and the animals he brought had to be
taken care of. Obviously, the Israelite camped out each night around a water
source, most likely a well. Now the well was in the public domain, (רשות הרבים), but the well itself constituted a private domain, (רשות היחיד ) because it met the minimum dimensions of a private domain. The
minimum dimensions of a private domain is 4 by 4 handbreadths (טפחים) surrounded by a wall that is at least 10 handbreadths tall. There
lies in the problem. Since on Shabbat a Jew is not allowed to transfer anything
from the private domain into the public domain (and vice a versa), how could
the Israelite draw water his animals because he would be transferring the water
drawn from a private domain to a public domain?
We learned in the first chapter of
Eruvin how to adjust an alleyway consisting of three walls opening up to the
public domain. To demand the pilgrim to build three walls around each well each
night would be a terrible burden and probably an impossibility. Consequently, the
rabbis permitted for these pilgrims a great leniency. The first Mishnah of the
second chapter describes what the person must do to create virtual walls to
allow him to draw water on Shabbat.
“MISHNA: One may arrange upright boards [passin] around a well
in the public domain in order to permit drawing water from the well on Shabbat.
A well is usually at least four handbreadths wide and ten handbreadths deep.
Therefore, it is considered a private domain, and it is prohibited to draw
water from it on Shabbat, as that would constitute a violation of the
prohibition to carry from a private domain into a public one. The Sages
therefore instituted that a virtual partition may be built in the area
surrounding the well, so that the enclosed area could be considered a private
domain, thus permitting use of the well and carrying of the water within the
partitioned area.
In this specific
instance, the Sages demonstrated special leniency and did not require a proper
partition to enclose the entire area. For this purpose, it suffices if there
are four double posts [deyomadin] that look like eight single
posts, i.e., four corner pieces, each comprised of two posts joined together at
right angles; this is the statement of Rabbi Yehuda. Rabbi Meir says:
There must be eight posts that look like twelve. How so? There
must be four double posts, one in each corner, with four plain
posts, one between each pair of double posts.
The height of the
double posts must be at least ten handbreadths, their width must be six
handbreadths, and their thickness may be even a minimal amount. And between
them, i.e., between the posts, there may be a gap the size of two teams [revakot]
of three oxen each; this is the statement of Rabbi Meir.
Rabbi Yehuda
disagrees and says: There may be a slightly larger gap, the size of two teams of
four oxen each, and this gap is measured with the cows being tied together and
not untied, and with the minimal space necessary for one team to be entering
while the other one is leaving. It is permitted to bring the posts closer to
the well, provided that the enclosed area is large enough for a cow to stand
with its head and the majority of its body inside the partitioned space while it
drinks.
It is permitted to
distance the boards from the well and expand the enclosed area by any amount,
i.e., as much as one wishes, provided that he increases the number of upright boards
between the double posts. Rabbi Yehuda says: The partitioned area may be
expanded up to an area of two beit se’a, which is an area of five
thousand square cubits.
The Rabbis said
to him: They only spoke of an area of two beit se’a with regard to a
garden or an enclosure used for storing wood, scrap, and the like [karpef].
But if it was a pen [dir], or a stable [sahar], or a backyard, or
a courtyard in front of the house, even if it had an area of five beit kor
or even ten beit kor, it is permitted. And it is permitted to distance
the boards and expand the enclosed area by any amount, provided that one
increases the upright boards between the double posts.” (Eruvin 17b-18a, Sefaria.org
translation)
That’s a long
introduction to daf TB Eruvin 20 because the previous dappim contained a lot of
midrashim, of which I wrote about instead of the Mishnah itself. Since TB Eruvin
19b the Gemara returned to discussing the laws of these upright boards making a
virtual wall around the well (פַּסִּין
לְבֵירָאוֹת). Abaye asks six different questions “what if?” What if the
well runs dry on Shabbat, are these virtual walls still valid? What if it rains
on Shabbat and the well becomes functional but again, do these virtual walls
become valid? What if a courtyard’s walls extend into the area of the virtual
wall, may one transfer something from the courtyard into the area surrounding the
well?
The Gemara answers these questions and
others in its own fashion. Since the need for such virtual walls around a well
today is only hypothetical, you can go to the page itself to see the answers.
What interests me is the Gemara’s willingness to entertain all those questions.
What parent or teacher hasn’t been beleaguered by a child asking a lot of, “but
what if” questions one right after the other! We can learn a lesson from this
daf. Be patient when people are asking you a lot of sincere questions. Each
question deserves an answer. I always want my students to ask questions whether
they are children or adults. Consequently, I validate the question by saying, “That’s
a good question and that there’s no such thing as a stupid question, only
stupid answers.” Only by asking questions can a person really learn.
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