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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Eruvin 99



(a) Someone who urinates or spits from one Major Reshus to another is Chayav. Normally, we require an Akirah from a location that is four Tefachim by four Tefachim - but not here, where the need to urinate or to spit, gives Chashivus to the Makom, even though it is less.

(b) Rava (or Rabah) said that if someone threw something into a dog's mouth or into a furnace, he is Chayav Chatas - in spite of the fact that the former is less than four Tefachim. So we see that sometimes, one's intention gives a location, Chashivus.

(c) The Gemara asks what the Din will be if 'Hu bi'Reshus ha'Yachid u'Pi ha'Amah bi'Reshus ha'Rabim' - whether we go after the place of the *Akirah* (which is in the Reshus ha'Yachid), whereas the Hanachah takes place in the Reshus ha'Rabim; or whether we go after the location where the urine *leaves the body* (which is now the same as that of the Hanachah (in which case he will be Patur).

(a) If a Kohen with Tamei hands who is eating a dried fig of Terumah, places his hand in his mouth to remove a splinter of wood, Rebbi Meir renders the fig Tamei - because he holds that the spittle in his mouth is Machshir the fig, which now becomes Tamei when the hand touches it. Rebbi Yossi says it remains Tahor - because in his opinion, spittle is not Machshir until it leaves one's mouth; and a fig which is not Muchshar Lekabel Tum'ah cannot become Tamei.

(b) Rebbi Yehudah agrees with Rebbi Yossi as long as he has *not* turned the spittle round in his mouth in order to spit it out, but once he *has*, the spittle is Chashuv and therefore, Machshir (like Rebbi Meir). But this is not what he said in our Mishnah, where he considers the spittle Chashuv, irrespective of whether he turned it round or not?

(c) 'Muchlefes ha'Shitah' - here means that Rebbi Yehudah changed his mind from his opinion in the Mishnah (though that is not the regular meaning of the phrase).

(a) According to Resh Lakish, Rebbi Yehudah in our Mishnah is not referring to spittle, which requires turning over, but to phlegm, which results from a cough, and which does not require turning over.

(b) The Gemara rejects Resh Lakish's answer - on the basis of a Beraisa, where Rebbi Yehudah forbids both phlegm and spittle which came loose (even if they were not turned over). Consequently, we are forced to accept Rebbi Yochanan's answer (Muchlefes ha'Shitah).

(c) Resh Lakish learns from "Kol Mesan'ai Ahevu Maves" - that someone who coughs up phlegm and spits it out in from of his Rebbe is Chayav Misah bi'Yedei Shamayim.

(a) The Tana of our Mishnah permits standing in one major Reshus and drinking in the other - only if he bends his head and the majority of his body into the Reshus in which he is drinking; for fear that otherwise, he may forget and transfer the water into the Reshus where he is standing.

(b) This is not considered making an Akirah in one Reshus and a Hanachah in the other i.e. his stomach - because the water always stops in his mouth first.

(c) Rebbi Meir forbids carrying in the Reshus in which one is not standing.

(d) The author of our Mishnah could well be the Chachamim who argue with Rebbi Meir in the previous Sugya - because here he wants to drink the water, and it therefore suits him to transfer it to where he is (in which case they will agree with Rebbi Meir); where they disagree with him is there where he does not really want the objects that he is moving, in the Reshus where he is.

(a) Rava maintains that to forbid drinking from a Reshus d'Oraysa to a Reshus de'Rabbanan because he may come to transfer from one to the other - is a Gezeirah li'Gezeirah, which Chazal do not normally issue.

(b) According to Rava, 've'Chen be'Gas' is talking not about Shabbos, but about Ma'aser; it is permitted to drink wine in a wine-press without separating Ma'asros, irrespective of whether he dilutes the wine with *hot* water or with *cold* - provided one stands in the wine-press.

(c) Rebbi Eliezer b'Rebbi Tzadok requires the wine to be Ma'asered in all cases.

(d) The Chachamim make a compromise - they agree with Rebbi Meir if he diluted the wine with cold water (because he will pour back any wine that remains), but with Rebbi Eliezer b'Rebbi Tzadok if he used hot water (because he will not pour back the remaining wine).




(a) A Mazchilah - is a gutter which runs parallel to the roof, and into which the water from the roof is drained, to prevent the walls from getting spoilt (due to the water running on to them from the roof. It is forbidden to drink from it directly or to take water directly from it - even when it is less than ten Tefachim from the ground, because, seeing as it does not protrude more than three Tefachim from the roof, it is as if he was drinking or collecting directly from the roof (from the Reshus ha'Yachid to the Reshus ha'Rabim).

(b) A Tzinor - is a pipe that carries water from the roof but which protrudes more than three Tefachim from the roof. Consequently, seeing as it is within ten Tefachim of the street, one is permitted to drink from it directly or to collect water from it directly - since he is only transferring from a Reshus ha'Rabim to a Reshus ha'Rabim. Note: The above distinction pertains to *drinking* dierectly from them. As far as *collecting* is concerned, even collecting water from a pipe that is *above* ten Tefachim is also permitted (see final words of Rashi, end of Mishnah).

(c) The Gemara proves Rav Nachman's reason for the prohibition in a. from the Beraisa 'Omed Adam bi'Reshus ha'Yachid u'Magbi'a Yado Lema'alah me'Asarah le'Pachos mi'Sheloshah Samuch le'Gag', which concludes 'u'Vilevad she'Lo Yetzaref' - we see from here that Tziruf within three Tefachim is forbidden, but from more than three Tefachim, it is permitted.

(d) The Beraisa we just quoted is dealing precisely with the Sha'aleh of drinking from one person's roof to another's, and it permits drinking or collecting the water away from the roof, but forbids drinking or collecting directly.

(a) The wall around the well is necessary - because we are speaking when the well is a slight distance away from the wall of his house. Consequently, when he draws the water from the well and pulls the bucket up to his window, he will otherwise be carrying from one Reshus ha'Yachid to another via the Reshus ha'Rabim, which is forbidden (whereas now, wityh the wall, he is carrying from one Reshus ha'Yachid to another via a Makom Petur.

(b) The wall is not necessary when the well is directly beneath his window.

(c) Rebbi Yochanan establishes our Mishnah, not when the wall itself is ten Tefachim high, but when the wall complements the ten Tefachim which the pit was lacking.

8) We are not afraid that the trash-heap may have been removed, because the Mishnah is speaking about a *public* trash-heap, which is not removed often. If it was somebody's private trash-heap that was lying outside his window, it would indeed be forbidden to throw on to it without checking first, for fear that the owner may have removed it.


(a) One is permitted to carry underneath the branches of a tree without an Eruv - provided they descend to within three Tefachim of the ground, and provided the space underneath the tree does not exceed a Beis Sasayim (Note: there is actually a third condition. See Rosh Si'man 9, quoting a Gemara in Sucah).

(b) One may sit on the roots of a tree that have sprouted out from the ground - provided they have not grown to a height of three Tefachim.

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