Talmud - Eruvin 9a עירובין ט׳ א׳

drawn away from the alleyway walls or suspended in the air, the following distinction applies: If the cross beam is less than three handbreadths from the walls, one is not required to bring a different cross beam, for it is considered attached to the walls based on the principle of lavud, which views two solid surfaces as connected if the gap between them is less than three handbreadths wide. However, if the distance is three or more handbreadths from the walls, he is required to bring a different cross beam in order to permit carrying in the alleyway. Rabban Shimon ben Gamliel, who holds that the principle of lavud applies to a gap of up to four handbreadths wide, says: If the cross beam is less than four handbreadths from the wall, one is not required to bring a different cross beam; but if the distance is four handbreadths from the wall, he is required to bring a different cross beam.

The Gemara wishes to clarify the baraita: What, is it not that when the baraita speaks of a cross beam that is drawn away from the alleyway walls, it is referring to a cross beam that is distanced from the alleyway walls and situated on the outside in the public domain, similar to the case of the cross beam resting on pegs mentioned above? And when it speaks of a cross beam that is suspended, isn’t it referring to a cross beam that is distanced from the alleyway walls and placed on the inside in the alleyway? This interpretation contradicts Rava’s statement above that disqualifies such a cross beam.

The Gemara rejects this interpretation: No, both this, the cross beam that is drawn away, and that, the crossbeam that is suspended, are located on the inside of the alleyway. The difference between them is that the cross beam that is drawn away is distanced from the wall from one direction, while a suspended cross beam does not lie on the alleyway walls at all, but is distanced from them from both directions.

Lest you say that if the cross beam is distanced from the wall from one direction, we say that the principle of lavud applies, and it is as if the cross beam is joined to the wall; but if it is distanced from the wall from two directions, we do not say that the principle of lavud applies. The baraita, therefore, comes and teaches us that there is no difference in this regard.

Rav Ashi said: The baraita refers to a cross beam that is drawn away from the walls and also suspended in the air. And what are the circumstances where this would be the case? For example, where he inserted two bent pegs on the tops of the two alleyway walls, and the height of the pegs from the top of the walls is less than three handbreadths, and their bend inward is less than three handbreadths, and a cross beam rests on top of them. Lest you say that we either say lavud, i.e., we consider the cross beam to be virtually extended and thus connected to the wall, or we say ḥavut, pressed down, that we consider the cross beam to be pressed down vertically; but we do not say both lavud and ḥavut. The baraita therefore teaches us that even in that case we say that any item adjacent to another with a gap of less than three handbreadths between them is considered connected to it, whether to the side or below, and even in both directions at once.

Rabbi Zakkai taught the following baraita before Rabbi Yoḥanan: The area between the side posts and beneath the cross beam has the legal status of a karmelit, and it is forbidden to carry in it. Rabbi Yoḥanan said to him: Exit and teach this halakha outside, i.e., this baraita is not in accordance with the accepted halakha, and therefore it should not be made part of the regular learning in the study hall.

The Gemara records a dispute with regard to the scope of Rabbi Yoḥanan’s statement: Abaye said: Rabbi Yoḥanan’s statement is reasonable with regard to the area beneath the cross beam, as only the area beneath the cross beam should be considered a private domain, but between the side posts, carrying is indeed prohibited, in accordance with the opinion of Rabbi Zakkai. And Rava said: The entire statement of Rabbi Zakkai is to be rejected, as Rabbi Yoḥanan asserted, and even in the area between the side posts carrying is permitted.

Rava said: From where do I know to say this, that carrying is permitted even between the side posts? For when Rav Dimi came from Eretz Yisrael to Babylonia, he said that Rabbi Yoḥanan said: A place that has an area of less than four by four handbreadths and is located between a public and private domain but belongs to neither has the status of an exempt domain with regard to carrying on Shabbat. Therefore, it is permitted for both the people in the public domain as well as the people in the private domain to use it for loading their burdens onto their shoulders, so long as they do not exchange objects with one another. Therefore, a place having an area of less than four handbreadths is not considered a karmelit, but rather an exempt domain, where carrying is permitted. Consequently, the area between the side posts should likewise be considered an exempt domain, and carrying should be permitted within it.

And Abaye said that this offers no proof, as there, with regard to Rav Dimi’s statement, the area being discussed is at least three handbreadths high, setting it apart from the other domains. It is therefore considered a domain in its own right, and has the halakha of an exempt domain.

The Gemara considers the position of Abaye: Abaye said: From where do I know to say this, that the area between the side posts has the halakha of a karmelit? For Rav Ḥama bar Guria said that Rav said: The area within the opening, i.e., the doorway between two entrance posts that serve as side posts to permit carrying in the alleyway, requires another side post in order to permit carrying there, for the entrance posts alone do not suffice. This demonstrates that it is forbidden to carry in the space between the side posts without another side post.

And if you say that this is a case where the doorway has an area four by four handbreadths, and therefore an additional side post is required to permit carrying there, this is not a valid argument. For didn’t Rav Ḥanin bar Rava say that Rav said: The area within the opening itself, even if it does not have an area of four by four handbreadths, requires an additional side post in order to permit carrying within it. This indicates that the area between the side posts is not to be used.

And Rava replies that a distinction must be made between the cases: There, the case of Rav’s ruling refers to a scenario where the alleyway’s entrance opens to a karmelit, and thus the space between the entrance posts is also viewed as a karmelit, and an additional side post is required.

The Gemara poses a question: But if the entrance opens to a public domain, what would be the halakha? Would it be permitted to carry there even without an additional side post? If so, it follows that the halakha of a karmelit is more stringent than that of a public domain. However, this seems untenable, for carrying in a karmelit is prohibited only by rabbinic decree, owing to the similarity between a karmelit and the public domain. This is similar to a situation where a permanent resident is down on the ground, while a stranger is raised up to the highest heaven, the very opposite of the appropriate state of affairs.

The Gemara comments: Yes, it is possible that this is the ruling, for we can say that it has found its own type and been awakened. In other words, as the area within the entranceway is not a defined domain, it doesn’t have the status of an independent domain. Therefore, when it opens into a karmelit, to which it is similar, its status is negated, and it joins with the karmelit to form a single unit. However, when it opens into a public domain, it cannot join with it because it is not similar to a public domain, which has a totally different set of laws; and therefore it is considered part of the alleyway, and it is permitted to carry within it.

Rav Huna, the son of Rav Yehoshua, said to Rava: And you do not hold that in the area between the side posts carrying is prohibited? But didn’t Rabba bar bar Ḥana say that Rabbi Yoḥanan said: If an alleyway was lined with side posts, each one set more than three but less than four handbreadths apart from its neighbor, we have arrived in this matter at the dispute between Rabban Shimon ben Gamliel and the Rabbis with regard to the measure of lavud.

How so? According to Rabban Shimon ben Gamliel, who said that if the gap between two items is less than four handbreadths, we say that the principle of lavud applies; all the side posts are considered a single side post. He may therefore only utilize the alleyway up to the inner edge of the innermost side post, but no more. However, according to the Rabbis, who say that we do not say the principle of lavud applies unless the gap is less than three handbreadths, he may utilize the alleyway up to the inner edge of the outermost side post. This discussion demonstrates that the argument revolves around the question as to which side post establishes the permitted area. But with regard to the area between the side posts, all agree that carrying is prohibited.

And Rava answers that there too, it refers to a case where the alleyway’s entrance opens to a karmelit.

The Gemara raises a difficulty: But if the entrance opens to a public domain, what is its legal status – would carrying be permitted? If so, the halakha of a karmelit is more severe than that of a public domain. Once again, this can be likened to a situation where a permanent resident is down on the ground, while a stranger is raised up to the highest heaven. The Gemara answers: Yes, indeed, this is the ruling, but one should not be perplexed, as we have explained: it has found its own type and been awakened.

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

Eruvin 9a examines the laws of the alleyway crossbeam, applying the principle of lavud to determine valid distances from the walls.