A time of danger is no proof TB Eruvin 91

The first Mishnah of our chapter lays out three distinct lines of thought, Rabbi Meir, the Sages, and Rabbi Shimon, concerning roof tops, courtyards, and karpaypot, enclosed back yards. Rabbi Meir holds that “All the roofs of the city are considered one domain. It is permitted to carry from one roof to another, even if the residents of the houses did not establish an eiruv between them. The Sages did not prohibit carrying between roofs, as it is rare to transfer an item from one roof to another. However, it is only permitted to transfer objects between roofs provided that one roof is neither ten handbreadths higher nor ten handbreadths lower than the adjacent roof.” (TB Eruvin 89, Sefaria.org translation) The Sages hold that “Each and every one of the roofs is a domain in and of itself. It is permitted to carry from one to the other only if the residents of both houses established an eiruv.” (Ibid.) Rabbi Shimon holds that “ Roofs, courtyards, and enclosures are all one domain with regard to vessels that were inside them when Shabbat began, and one may therefore carry from one of these areas to another.” (Ibid)

Rabbi Yehuda continues to explain all three lines of thought on today’s daf TB Eruvin 91. While explaining Rabbi Shimon’s position he illustrates with two stories that actually happened or as we say in Hebrew ma’aseh shehaya (מעשה שהיה) to prove his point.

“Likewise, a baraita was taught in accordance with Rav Yehuda’s interpretation of the opinion of Rabbi Shimon. Rabbi Yehuda HaNasi said: When we were studying Torah with Rabbi Shimon in Tekoa, we would carry oil for smearing and a towel for drying from roof to roof, and from roof to courtyard, and from courtyard to courtyard, and from courtyard to enclosure, and from enclosure to enclosure, to refrain from carrying in a prohibited place, until we reached the spring in which we would bathe.” (Sefaria.org translation) That was a pretty solid proof because Rabbi Yehuda HaNasi was the final editor of the Mishnah.

Although the second story is similar in nauture, it is rejected as proof. “And similarly, Rabbi Yehuda said: There was an incident during a time of danger, when decrees were issued that banned religious observance, and we would carry a Torah scroll from courtyard to roof, and from roof to courtyard, and from courtyard to enclosure, to read from it.

"The Sages said to him: The halakha cannot be determined from that incident, as an incident occurring during a time of danger is no proof. At a time of danger it is permitted to carry even in places where carrying is ordinarily prohibited by rabbinic law.” (Sefaria.org translation)

No where does the Gemara tell us when, where, and why that time was a period of danger. We can only conclude that the observance of the mitzvot was prohibited; consequently, they had to take a circulous route in order to bring the Torah where they were reading. Acts that are usually forbidden are relaxed because of the need of the hour.

I have to admit that this was a great part of my reasoning for broadcasting our Shabbat services during the pandemic, something I would never have done before hand. The vast majority of my Shabbat attendees including the rabbi were in the most vulnerable age group and could anticipate the worst outcomes if they contracted Covid 19. I did not want to endanger their lives, but felt we continue to need spiritual support during these most difficult days.