Today we finished the eighth chapter of our massekhet and began the nine chapter with daf TB Eruvin 89. The first Mishna presents three different positions concerning rooftops, courtyards, and karpaypot (קַרְפֵּיפוֹת) which we defined back in massekhet Shabbat as enclosed backyards.
Position #1 Rabbi Meir- “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. This is the statement of Rabbi Meir.” The Gemara further expands Rabbi Meir’s position. “Rav Yehuda said: When you analyze the matter, you will find that according to Rabbi Meir all roofs form a single domain in and of themselves, and likewise all courtyards form a single domain in and of themselves, and all enclosures form a single domain in and of themselves. It is permitted to carry from one courtyard to another, although it is not permitted to carry from a courtyard to a roof.” (Sefaria.org translation)
Position #2 the Sages- “Rabbis say: 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.”
Position #3 Rabbi Shimon- “Rabbi Shimon says: 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. However, they are not one domain with regard to vessels that were inside the house when Shabbat began and were later taken into one of the above domains. A vessel that was inside the house when Shabbat began and subsequently carried to one of these areas may be carried from one roof, courtyard, or enclosure to another only if an eiruv had been established between the domains.” (All the above quotes come from Sefaria.org translation)
The Gemara rarely delineates the correct approach as the accepted halakha which is true in this case as well. The very first tosefot on this Mishna informs us that even though the halakha follows Rabbi Meir’s decrees (גזירות), the halakha follows Rabbi Shimon’s most lenient position! This is corroborated in the Shulkhan Arukh, Orekh Hayyim, 372:1.
Even though we know the correct procedure, the Gemara spends the rest of today’s daf explaining the reasoning behind both Rabbi Meir’s and the Sages’ position out of intellectual curiosity. Rabbi Meir makes a distinction between roofs that are 10 tefakhim higher or lower than the rest of them because of a rabbinic decree in a different case. A person is forbidden to transfer an item in a private domain on a pillar which is his own private domain “due to the concern lest one come to transfer an object from the public domain to a mound in a public domain.”
The Sages hold that each rooftop is a separate entity because of the principle Gud Asayk (גּוּד אַסֵּיק ). This principle says that walls extend above or below the actual physical edge of the wall. In our case the interior walls continue upward separating one rooftop from the next. That is the reason why they prohibit transferring an object from rooftop to rooftop. The Gemara asks the question based on the sages position whether or not a person is allowed to carry on the rooftop itself. Rav and Shmuel disagreed. Rav says a person is only allowed to carry no more than four amot and Shmuel allows a person to carry throughout that rooftop. These two positions are also analyzed.
Why spend so much time on positions that don’t impact practical halakha? TB Avoda Zara 20b enumerates the benefit of intellectual curiosity. “Study leads to precision, precision leads to zeal, zeal leads to cleanliness, cleanliness leads to restraint, restraint leads to purity, purity leads to holiness, holiness leads to humility, humility leads to fear of sin, fear of sin leads to saintliness, saintliness leads to processing the Holy Spirit, the Holy Spirit leads to eternal life.” (Voices of Wisdom, edited by Francine Klagsbrun, translation, page 248)
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