Does regular usage of an abandoned property confer any rights to the person? This subject arises in today’s daf TB Eruvin 88 concerning the laws of carrying on Shabbat. It begins with an enigmatic statement. “Rabba said that Rabbi Ḥiyya said, and Rav Yosef said that Rabbi Oshaya said: The halakha of stealing applies to Shabbat domains, and a ruin must be returned to its owner.” The Gemara immediately tries to understand what Rabbi Oshaya meant.
“The Gemara registers surprise: This ruling itself is difficult, i.e., it is self-contradictory. You first said that the halakha of stealing applies to Shabbat domains, which at this point is understood by the Gemara as referring to the following case: A person’s house adjoins the ruin of another, and he observes that the ruin has been left deserted by its owner. If this person uses the ruin during the week, on Shabbat he may treat it as though it were his own, by carrying objects from his own house into the ruin and vice versa. From here we can infer that a stolen place is acquired for the purpose of Shabbat domains, although it does not belong to the person for other purposes. However, you subsequently said that a ruin must be returned to its owner, and from here we can infer that a ruin is not acquired for the purpose of Shabbat domains by the person who used it during the week, and therefore he may not carry objects from his own house into the ruin.
“The Gemara answers: We should not understand this statement as suggested above, but rather this is what Rabbi Ḥiyya and Rabbi Oshaya are saying: The halakha of returning stolen property applies to Shabbat domains. How so? This means that a ruin must be returned to its owner. In other words, one who uses a ruin during the week does not acquire it even for the purpose of Shabbat domains.” (Sefaria.org translation applies to the three above quotes because they are contiguous on our daf.
Even if the person made improvements on the ruin, he has to return it to the original owners on Shabbat as it is now. He may not consider it like his own property and carry from his property to the ruin and back. Personal integrity is the hallmark of a good (may I add a truly religious) person. He must refrain even from the appearance of impropriety and theft.
Just a very interesting fact from the last Mishna in chapter 8. “With regard to a courtyard that is less than four cubits by four cubits in area, one may not pour waste water into it on Shabbat, unless a pit was fashioned to receive the water, and the pit holds two se’a in volume from its edge below.” (Sefaria.org translation) The rabbis were concerned that the runoff water could flow into a different domain and thus violate the Shabbat.
“The Gemara asks: What is the reason that a courtyard four by four cubits in area does not require a pit? Rabba said: Because a person ordinarily uses two se’a of water a day, and with regard to a courtyard of at least four cubits by four cubits, a person wants to sprinkle the water on the ground to prevent any dust from rising. Consequently, even if in practice the water does flow out of the courtyard, this effect is not necessarily his intention. But if the courtyard is less than four cubits by four cubits in area, one simply pours the water out, as the place is not fit for sprinkling. Therefore, if one fashioned a pit, it is permitted to pour out water; but if not, it is prohibited to do so, as one certainly intends for the water to flow outside.” (Sefaria.org translation)
I was curious how much two se’a of
water is and how do we modern Americans compare in our water usage? Two se’a of
water equals 3.874 gallons. “Estimates vary, but, on
average, each (American) person uses about 80-100 gallons of water per day, for
indoor home uses. Are you surprised that the largest use of household water is
to flush the toilet, and after that, to take showers and baths? That is why, in
these days of water conservation, we are starting to see toilets and showers
that use less water than before.
“Many local governments now have laws that specify that
water faucets, toilets, and showers only allow a certain amount of water flow
per minute. Water agencies in some areas, such as here in Atlanta, Georgia,
offer rebates if you install a water-efficient toilet. Yes, these
toilets really do use a lot less water. For your kitchen and bathroom
faucets, if you look real close at the head of a faucet, you might see
something like "1.0 gpm", which means that the faucet head will allow
water to flow at a maximum of 1.0 gallons per minute.” https://www.usgs.gov/special-topic/water-science-school/science/water-qa-how-much-water-do-i-use-home-each-day?qt-science_center_objects=0#qt-science_center_objects
What a difference of nearly 4 gallons of water compared to 80 to hundred gallons a day! Water is such a precious commodity that we should not take it for granted. Too many places around the world lack an adequate clean water supply[1]. Although I would not want to go back to the bad old days of outhouses, we should not waste water by letting our faucets run and not installing water saving devices. By conserving water we are observing the mitzvah of ba’al taskhit[2], the prohibition of destroying or wasting.
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