Talmud - Eruvin 39a עירובין ל״ט א׳

a person may not stroll at the entrance to the city toward the end of Shabbat or a Festival in order to enter a bathhouse immediately upon the conclusion of Shabbat, then Rabba would have retracted his statement with regard to an eiruv. This baraita indicates that even walking on Shabbat for something one needs after Shabbat falls into the category of prohibited preparation.

The Gemara rejects this argument: And this is not correct. Rabba heard this baraita but did not retract his ruling, as a distinction can be drawn between the cases. There, in the baraita pertaining to one who walks to the end of his field, or one who strolls at the entrance to the city, it is clear to all observers that he is doing so in order to determine what work the field needs after Shabbat, or to enter the bathhouse immediately after Shabbat, respectively. Whereas here, with regard to an eiruv, it is not clear to others that one’s actions are for the purpose of establishing an eiruv.

The Gemara explains: If he is a Torah scholar [tzurva merabbanan], we, the observers, would say: Perhaps his study pulled him, i.e., he was engrossed in his study and was not paying attention to where he was going. And if he is an ignoramus, we would say: Perhaps he lost his donkey and went to look for it. His actions give no indication that he is going to establish an eiruv for the following day, as establishing an eiruv does not require any recognizable action.

The Gemara now examines Rav Yehuda’s statement itself, which was cited in the course of the previous discussion. Rav Yehuda said: If one established an eiruv with his feet on the eve of the first day, he may establish an eiruv with his feet on the eve of the second day as well. If he established an eiruv with bread that he deposited in the place where he wishes to acquire his place of rest on the eve of the first day, he may establish an eiruv with bread on the eve of the second day as well.

If he established an eiruv with bread on the eve of the first day, and his eiruv was eaten, he may change and establish an eiruv with his feet on the eve of the second day. However, if he established an eiruv with his feet on the eve of the first day, he may not establish an eiruv with bread on the eve of the second day, as one may not initially establish an eiruv with bread on a Festival for the sake of Shabbat because it is prohibited to prepare on a Festival for Shabbat.

With regard to the statement: If he established an eiruv with bread on the eve of the first day, he may establish an eiruv with bread on the eve of the second day, Shmuel said: Only with the same bread. Rav Ashi said: The wording of the mishna is also precise according to this understanding, as we learned: What does he do if a Festival occurs on Friday, and he wishes to establish an eiruv that will be valid for both the Festival and Shabbat? He brings the eiruv to the spot that he wishes to establish as his residence on the eve of the first day, and he stays there with it until nightfall, and then he takes it with him and goes away. On the eve of the second day, he takes the eiruv back to the same place as the day before, and stays there with it until nightfall, and then he may eat the eiruv and go away. The wording of the mishna indicates that he must establish his eiruv for the second day with the same bread that he used for the first day, as argued by Shmuel.

The Gemara adds: And the Rabbis, who do not accept the opinion of Shmuel, argue that this is no proof, as perhaps there, the mishna is merely teaching us good advice as to how one can rely on a single eiruv and avoid having to prepare an additional eiruv for the second day.

MISHNA: During the time period when the Jewish calendar was established by the court according to the testimony of witnesses who had seen the new moon, Rosh HaShana would be observed for only one day if witnesses arrived on that day, and for two days if witnesses failed to arrive and the month of Elul was declared to be an extended, thirty-day month. Rabbi Yehuda says: With regard to Rosh HaShana, if one feared that the month of Elul might be extended, and he wanted to travel in two different directions on the two days that could be Rosh HaShana, this person may establish two eiruvin and say: My eiruv on the first day shall be to the east and on the second day to the west, or alternatively: On the first day it shall be to the west, and on the second day to the east. Similarly, he 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 alternatively: 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 did not agree with him that the two days of Rosh HaShana can be divided in such a manner.

And Rabbi Yehuda said further, with regard to the two days of Rosh HaShana that one observes because he does not know which is the real day of the Festival: A person may make a condition with regard to a basket of tevel produce on the first day of the Festival and say as follows: If today is the Festival and tomorrow is an ordinary weekday I will separate the teruma and tithes tomorrow, and I have performed nothing today; if today is an ordinary weekday, I hereby separate the appropriate teruma and tithes now. He may then eat the produce on the second day of the Festival, since one of his two acts of tithing was certainly performed on an ordinary weekday.

And similarly, an egg that was laid on the first day of the Festival may be eaten on the second day, since one of the days is certainly an ordinary weekday. And the Rabbis did not agree with him even with regard to these two days.

Rabbi Dosa ben Harekinas says: One who passes before the ark in the synagogue and leads the congregation in prayer on the first day of the festival of Rosh HaShana says: Strengthen us, O Lord our God, on this day of the New Moon, whether it is today or tomorrow. And similarly, on the following day he says: Whether Rosh HaShana is today or yesterday. And the Rabbis did not agree with him that one should formulate his prayer in this conditional manner.

GEMARA: Who are the Sages who did not agree with Rabbi Yehuda? Rav said: It is those who follow the opinion of Rabbi Yosei, as it was taught in the Tosefta: Even though the Rabbis disagree with him about a Festival and Shabbat that occur on consecutive days and say that one cannot make two separate eiruvin for the two days, they concede to Rabbi Eliezer with regard to Rosh HaShana that if a person feared that the month of Elul might be extended, he may establish two eiruvin and say: My eiruv on the first day shall be to the east, and on the second day to the west, or: On the first day it shall be to the west, and on the second day to the east, or: 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. But Rabbi Yosei prohibits it.

Rabbi Yosei said to the Rabbis: Don’t you concede that if witnesses came from the time of minḥa and onwards on the first day of Rosh HaShana and testified that they had seen the new moon, we do not rely on their testimony to sanctify that day as Rosh HaShana; rather, since their testimony was not given on time, we observe that day as sanctified and also the following day as sanctified? This indicates that the two days of Rosh HaShana are not observed out of doubt as to which is the proper day; rather, it is as though the two days are one long day that are imbued with one unified sanctity. Therefore, it should not be possible to divide them.

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

Eruvin 39a examines whether walking toward a destination on Shabbat counts as forbidden preparation, and discusses Rav Yehuda's rules on establishing an eruv by foot or with bread.