Talmud - Eruvin 22b עירובין כ״ב ב׳

If you say this law because Eretz Yisrael is surrounded by the Ladder of Tyre on one side and the slope of Gader on the other side, each formation being over ten handbreadths high and constituting a valid partition, then Babylonia, which is also surrounded by the Euphrates River on one side and the Tigris River on the other side, should not be considered a public domain either. Moreover, the entire world is also surrounded by the ocean, and therefore there should be no public domain anywhere in the world. Rather, perhaps you spoke of the ascents and descents of Eretz Yisrael, which are not easy to traverse and hence should not have the status of a public domain?

Rav Dimi said to him: Man of great skull, i.e., man of distinction, I saw your head between the pillars of the study hall when Rabbi Yoḥanan taught this halakha, meaning you grasped the meaning as though you actually were present in the study hall and heard the statement from Rabbi Yoḥanan himself.

It was also stated that when Ravin came from Eretz Yisrael he said that Rabbi Yoḥanan said, and some say it was Rabbi Abbahu who said that Rabbi Yoḥanan said: In the case of the ascents and descents of Eretz Yisrael, one is not liable for carrying in the public domain, because they are not like the banners in the desert. To be regarded as a public domain, a place must be similar to the area in which the banners of the tribes of Israel passed in the desert, i.e., it must be level and suitable for the passage of large numbers of people.

Raḥava raised a dilemma before Rava: In the case of a mound that rises to a height of ten handbreadths within four cubits, thereby fulfilling the conditions that create a private domain, but many people traverse it, is one liable for carrying in the public domain or is one not liable?

The Gemara explains: According to the opinion of the Rabbis, this should not be a dilemma for you. Just as there, with regard to the upright boards surrounding a well, where the use of the public domain is convenient, the Rabbis say that the public does not come and invalidate the partition; here, where its use is inconvenient due to the slope, all the more so should the mound be considered partitioned off as a private domain, and the passage of the public should not invalidate it.

Where there should be a dilemma for you is according to the opinion of Rabbi Yehuda. What is the halakha? Does he maintain his position only there, because the use of the public domain is convenient, whereas here, where its use is inconvenient, he too would agree that the public does not come and invalidate the partition? Or perhaps there is no difference? Rava said to Raḥava: In such a case, one is liable for carrying in a public domain.

Raḥava asked him: And do you issue this ruling even in the case of a slope that is so steep that in order to climb it one must ascend it by means of a rope? He said to him: Yes. He asked him further: And even in the case of the ascents of Beit Meron, which are exceedingly steep? He said to him: Yes.

Raḥava raised an objection to Rava’s opinion from the Tosefta: A courtyard that was properly surrounded by partitions, into which many people enter on this side and exit on that other side, is treated like the public domain with regard to ritual impurity, so that in cases of doubt, the person is considered ritually pure, as uncertainty concerning ritual impurity only renders a person impure in an area defined as a private domain; however, it is still treated like the private domain with regard to Shabbat.

He proceeds to clarify the Tosefta: Who is the author of this statement? If you say it was the Rabbis, there is a difficulty: Just as there, with regard to the upright boards surrounding a well, where the use of the public domain is convenient, the Rabbis say that the public does not come and invalidate the partition; here, in the case of the courtyard, where its use as a path for a public domain is inconvenient, all the more so should they say that the passage of many people does not invalidate the partition and therefore there would be no need to discuss this case.

Rather, is it not in accordance with the opinion of Rabbi Yehuda? This indicates that even Rabbi Yehuda differentiates between different paths in the public domain.

Rava replied: No; actually, you can explain that this Tosefta was taught in accordance with the opinion of the Rabbis. As to the question raised with regard to the novelty of this case according to their approach, it was necessary for them to teach us that such a courtyard is treated like the public domain with regard to ritual impurity, even though it is considered a private domain with respect to Shabbat.

Raḥava attempts to cite a proof again, this time from a mishna: Come and hear the following teaching: Alleyways that open in cisterns, ditches or caves constitute the private domain with regard to Shabbat and the public domain with regard to ritual impurity.

The Gemara first clarifies the wording of the mishna: Should it enter your mind to say that the correct reading is in cisterns [baborot]; is it possible to speak of alleyways that open inside cisterns? Rather, it should be corrected as follows: Alleyways that open out into cisterns [laborot] constitute the private domain with regard to Shabbat and the public domain with regard to ritual impurity.

Raḥava proceeds to clarify the matter: Who is the author of this mishna? Now, if you say it is the Rabbis, there is a difficulty: Just as there, with regard to the upright boards surrounding a well, where the use of the public thoroughfare is convenient, the Rabbis say that the public does not come and invalidate the partition; here, in the case of an alleyway, where its use as a public thoroughfare is inconvenient, all the more so should they say that the passage of many people does not invalidate the partition, and so there was no need to discuss this case. Rather, isn’t it in accordance with the opinion of Rabbi Yehuda?

Rava refutes this argument: No; actually, you can explain that this mishna was taught in accordance with the opinion of the Rabbis. It does present a novel teaching, as it was necessary for them to teach us that such an alleyway has the status of the public domain with regard to ritual impurity. Although it is not a convenient place to cross, it is considered a public domain with respect to impurity, since many people are found there.

Once again Raḥava attempts to cite a proof from a mishna: Come and hear the following teaching: The paths of Beit Gilgul, which are difficult to traverse, and similar ones have the status of the private domain with regard to Shabbat, and that of the public domain with regard to ritual impurity.

The Gemara asks: And what paths are like the paths of Beit Gilgul? The school of Rabbi Yannai say: This is any path in which a slave [eved] is unable to take up a se’a of wheat by hand and run before an officer [sardeyot], despite his fear of him.

Raḥava proceeds to clarify the issue: Who is the author of this mishna? Now, if you say it is the Rabbis, there is a difficulty: Just as there, with regard to the upright boards surrounding a well, where the use of the public thoroughfare is convenient, the Rabbis say that the public does not come and invalidate the partition; here, in the case of the paths of Beit Gilgul, where their use as a public pathway is inconvenient, all the more so should they say that the passage of many people does not invalidate the partitions. Rather, is it not in accordance with the opinion of Rabbi Yehuda?

Rava said to him: Did you say the paths of Beit Gilgul? Joshua, who conquered the land and divided it among the tribes, was a lover of Israel. He rose up and established roads and highways for them; any place that was convenient to use he handed over to the public, and any place that was inconvenient to use he handed over to an individual. Therefore, the roads of Eretz Yisrael, which like the paths of Beit Gilgul are not easy to use, have the status of a private domain. However, there is no general rule in other places that roads that are difficult to traverse do not have the status of a public domain.

MISHNA: In the case of a public cistern containing collected water, as well as a public well containing spring water, and even a private well, one may arrange upright boards around them in order to allow one to carry in the enclosed area, as delineated above.

But in the case of a private cistern, there are two deficiencies: It belongs to an individual, and it does not contain spring water. Consequently, it is impossible to permit drawing from it on Shabbat by means of boards set up in the corners; rather, one must construct for it a proper partition ten handbreadths high; this is the statement of Rabbi Akiva.

Rabbi Yehuda ben Bava says: One may arrange upright boards only for a public well. But for the others, that is, a public cistern or a private well, one must set up a belt, i.e., a partition consisting of ropes, ten handbreadths high. Such an arrangement creates a proper partition based on the principle of lavud, namely, that solid surfaces with gaps between them smaller than three handbreadths are considered joined.

Traduction : The William Davidson digital edition of the Koren Noé Talmud, with commentary by Rabbi Adin Even-Israel Steinsaltz.

Eruvin 22b examines whether natural borders and rugged terrain in the Land of Israel disqualify an area from public domain status under Sabbath carrying laws.