Talmud - Eruvin 38a עירובין ל״ח א׳

don’t you at least concede that we must be concerned that perhaps the leather flask will burst, and retroactively this person would have been drinking tevel? Rabbi Meir said to them: When it bursts, I will consider the matter, but now I am not concerned about this possibility.

MISHNA: Rabbi Eliezer says: With regard to a Festival adjacent to Shabbat, whether before it, on a Friday, or after it, on a Sunday, a person may establish two eiruvin of Shabbat borders [teḥumin] and say as follows: My eiruv on the first day shall be to the east, and on the second day to the west. Alternatively, one may say: On the first day it shall be to the west and on the second day to the east. Similarly, one may say: My eiruv shall apply on the first day, but on the second day I shall be like the rest of the inhabitants of my town, or: My eiruv shall apply on the second day, but on the first day I shall be like the rest of the inhabitants of my town.

And the Rabbis disagree and say that such a split is impossible. Rather, he either establishes an eiruv in one direction for both days, or he establishes no eiruv at all; either he establishes an eiruv for the two days, or he establishes no eiruv at all.

What does one do to establish an eiruv that will be valid for both the Festival and Shabbat? He or his agent brings the eiruv to the location that he wishes to establish as his residence on the eve of the first day, and he stays there with it until nightfall, the time when the eiruv establishes that location as his residence for the Festival, and then he takes it with him and goes away, so that it will not become lost before the following evening, in which case he would not have an eiruv for the second day. On the eve of the second day, he takes it back to the same place as the day before, and he stays there with it until nightfall, thereby establishing his residence for Shabbat, and then he may eat the eiruv and go away, if he so desires. Consequently, he benefits in that he is permitted to walk in the direction that he desires, and he benefits in that he is permitted to eat his eiruv.

However, if the eiruv was eaten on the first day, his eiruv is effective for the first day, and his eiruv is not effective for the second day.

Rabbi Eliezer said to them: If so, you agree with me that Shabbat and a Festival constitute two distinct sanctities, as if not, the eiruv that went into effect during the twilight period on the eve of the first day should have remained in effect for both days, even if it was eaten during the first day. This being the case, you should also agree with me that one can make two separate eiruvin for the two days in two different directions.

GEMARA: The Gemara raises a difficulty with regard to the wording employed by the Rabbis: First, the Rabbis state that one may establish an eiruv in one direction. What does this mean? He must establish an eiruv in that direction for two days. Then they state that he may establish an eiruv for two days. What does this mean? He must establish an eiruv for the two days in one direction. If so, this is exactly the same as the first clause.

The Gemara explains: This is what the Rabbis said to Rabbi Eliezer: Don’t you concede that in the case of one day, one may not establish an eiruv for half the day to the north and for half of it to the south? Rabbi Eliezer said to them: Indeed, I agree. They then said to him: Just as one may not establish an eiruv for one day, half the day to the north and half the day to the south, so too, one may not establish an eiruv for two consecutive days of sanctity, one day to the east and one day to the west.

And how does Rabbi Eliezer respond? He holds as follows: There, one day constitutes one sanctity, and it is impossible to impossible to divide the day such that the eiruv applies to one direction for one half of the day and to another direction for the other half of the day. Here, where Shabbat and a Festival fall out on consecutive days, they are two separate sanctities, and therefore one can establish separate eiruvin for the two days.

Rabbi Eliezer said to the Rabbis: Don’t you concede that if one established an eiruv with his feet by actually going to the place where he desires to establish an eiruv on the eve of the first day and remaining there during the twilight period, as opposed to depositing food there beforehand, he nonetheless must establish another eiruv with his feet on the eve of the second day, and one eiruv does not suffice; similarly, if his eiruv was eaten on the first day, he may not rely on it and go out beyond the limit permitted to the rest of the inhabitants of his town on the second day?

The Rabbis said to him: Indeed, that is correct. Rabbi Eliezer then said to them: Then isn’t it correct that they are two distinct sanctities, and therefore one should be permitted to establish two separate eiruvin for the two days? And how do the Rabbis respond? They are in doubt about this issue, and therefore their ruling here is stringent and prohibits establishing separate eiruvin for the two days in different directions, in case the two days are considered a single sanctity; and their ruling here is stringent and they require a separate eiruv for each day, in case the two days are considered distinct sanctities.

The Rabbis said to Rabbi Eliezer: Don’t you concede that one may not establish an eiruv initially on a Festival for Shabbat, i.e., if a Festival occurs on a Friday and one forgot to establish an eiruv on the eve of the Festival, he may not establish an eiruv for Shabbat on the Festival itself? Rabbi Eliezer said to them: Indeed, that is correct. They said to him: Then isn’t it correct that the two days constitute one sanctity?

The Gemara responds that Rabbi Eliezer holds that there, the halakha is so not because the two days constitute a single sanctity, but due to the prohibition of preparation on a Festival for Shabbat, which includes establishing an eiruv.

The Sages taught in a baraita: If one established an eiruv with his feet by going to the place he wished to establish as his residence on the eve of the first day and remaining there during the twilight period, he must nevertheless establish another eiruv with his feet on the eve of the second day. Similarly, if he had established an eiruv by depositing food in the place he wished to establish as his residence, and his eiruv was eaten on the first day, he may not rely on it and go out beyond the limit permitted to the rest of the inhabitants of the town on the second day. This is the statement of Rabbi Yehuda HaNasi.

Rabbi Yehuda says:

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

Eruvin 38a examines Rabbi Meir's leniency on doubtful tevel and debates whether one may set separate directional eiruvin for consecutive festival and Shabbat days.