Tuesday, October 27, 2020

Ditch it TB Eruvin 79

Today’s daf TB 79 completes the discussion started in a Mishna on the previous page. Up to that Mishna we learned about accessibility concerning a wall separating two courtyards. The new Mishna analyzes accessibility when a ditch separates two courtyards. “With regard to a ditch between two courtyards that is ten handbreadths deep and four handbreadths wide, it is considered a full-fledged partition, and the residents of the courtyard establish two eiruvin, one for each courtyard, but they may not establish one eiruv. Even if the ditch is filled with straw or hay, it is not regarded as sealed and is therefore not nullified. However, if the ditch is filled with dirt or pebbles, the residents establish one eiruv, but they may not establish two eiruvin, as the ditch is nullified and considered nonexistent.

“If one placed a board four handbreadths wide across the ditch so that he could cross it, and similarly, if two balconies [gezuztraot] in two different courtyards are opposite one another, and one placed a board four handbreadths wide between them, the residents of the courtyards or balconies establish two eiruvin, and if they desire, they may establish one, as the board serves as an opening and a passageway between them. If the width of the plank is less than four handbreadths, the residents establish two eiruvin, but they may not establish one eiruv.” (Sefaria.org translation)

What’s the difference between straw or hay and dirt or pebbles? At least when it comes to a ditch[1], straw or hay are not permanent fillers; consequently, they don’t fill in the ditch to make the two courtyards accessible with one another. Dirt or pebbles, on the other hand, are definitely there to close permanently the gap the ditch creates. We can not only see this as an eruv issue, but also as a safety one. Nobody wants somebody to fall into the ditch and hurt himself, while the owners of the ditch become liable for damages.

Why must the ditch be at least four tefakhim wide to create two separate courtyards? A gap of at least four tefakhim is difficult to cross making the other side less accessible. Rava teaches that the board doesn’t only have to span the width of the ditch. “Rava said: They taught this halakha only in a case where one placed the plank along the width of the ditch. But if one positioned a plank along its length, even if the plank is of minimum width, it is also considered an entrance and reduces the ditch, as he reduced the opening to less than four handbreadths. The ditch was originally only four handbreadths wide. Therefore, if one places a plank of any width along its length, it becomes less than four handbreadths wide and no longer constitutes a partition.” (Sefaria.org translation) Once the board lies along the side of the ditch and reduces its width below four tefakhim, the two sides of the ditch become accessible and can be united as one courtyard.

Even though the issue of accessibility raised in conjunction with Shabbat and eruvin and don’t readily apply to our lives now, this issue should give us pause and make us think how accessible are the places where in we live. Only 25% of New York City subway stations are handicap accessible. I’m proud that my synagogue has an handicap entrance to our building, a wheelchair lift available to allow access from the ground floor to the second floor (all of 5 steps, but still a barrier), and of course a handicap bathroom. We should not rest on our laurels. Our bimah is not handicap accessible. We have to bring the Torah down to the floor the sanctuary for person in a wheelchair to have an aliyah. Nor is our sanctuary equipped for the hearing impaired or the blind. How accessible are your synagogues and public spaces? How can you make them more accessible?



[1] The Gemara analyzes the difference between a ditch filled with dirt or pebbles and a house containing a dead body filled with dirt or pebbles.

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