Eighteen Treatises from the Mishna, by D. A. Sola and M. J. Raphall, [1843], at sacred-texts.com

CHAPTER III.

§ 1. With all kinds of nutriment the erub or junction may be effected, except with water and salt. All [kinds of nutriment] may be bought for the proceed of the second tithe, except water and salt. He who has vowed [to abstain] from food, is permitted [to partake] of salt and of water. The erub may be made for a nazir 1 with wine, and for a [common] Israelite 2 with heave-offering. Symmachus saith, "that ‏חולין‎ 3 [only must be used] for [the erub of a common] Israelite. The erub of a cohen 4a. [may be placed] on a spot which has formerly been used as a cemetery." R. José saith, "it may even [be placed] in an actual burying-ground, since he [the cohen] may go and eat it outside [the burying-ground].

§ 2. For the erub demai 5a may be used: first, tithes from which the heave-offering has been taken; and, second, tithes and consecrated things that have been redeemed; and for priests, ‏חלה‎, 6 and heave-offering.

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[paragraph continues] But it is not lawful to use ‏טבל‎, 7 or first tithes, from which the heave-offering has not been taken; or second tithes, and consecrated things which have not been redeemed. Should any one send his erub by the hand of a deaf and dumb person, of an idiot, of a minor, or of one who does not acknowledge [the legal validity of] the erub, 8 it is not a [legal] erub: but if he has commissioned another [proper] person to receive it from [his messenger], it is a [legal] erub.

§ 3. If a man puts it [the erub] in a tree higher than ten hands from the ground, his erub is no [legal] erub; [but if he puts it] lower than ten hands, his erub is a [legal] erub. If he has put it into a pit, even though that be a hundred amoth deep, his erub is a [legal] erub. Should he put it on the top of a cane, or pole, that does not actually grow out of the ground, but is only stuck therein, even though it be a hundred amoth high, his erub is a [legal] erub. If he has put it into a cupboard, which he locked, and has lost the key, it is a [legal] erub. R. Eleazar saith, "If he does not know where the key is, it is not a [legal] erub." 9

§ 4. Should the erub roll [or be moved] out of the limit [of the Sabbath distance], or should a heap [of mould] fall on it, or should it be burned, or if heave-offering get unclean, [if either of all these take place] while yet day, [before the Sabbath comes in], it is not a [legal] erub; [but if it take place] after dusk, it is a [legal] erub. If [the time when it took place is] doubtful, R. Meir and R. Jehudah say, "This is [at once driving] an ass [and leading a] camel." 10 R. José and R. Simeon say, "A doubtful erub is good [in law]." R. José further said, "Abtolymus attested, on the authority of five elders, that a doubtful erub is good [in law]."

§ 5. A man may attach conditions 11 to his erub, and say, "If foes

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come from the east, my erub [shall stand good] for the west; 12 [if they come] from the west, my erub [shall stand good] for the east; should they come from both sides, I [am at liberty to] go in what direction I please; should they not come from either side, I am like [the rest of] my townsmen; should a sage come from the east, my erub [shall stand good] for the west; 13 [should one come] from the west, my erub [shall stand good] for the east; [should one] come from each side, I [am at liberty to] go in which direction I please; [should] none [come] from either side, I am like the rest of my townsmen." R. Jehudah saith, "If one of them [the two sages who come] has been his teacher, he must go to meet his teacher; but if both have been his teachers, he goes in which direction he pleases."

§ 6. R. Eleazar saith, "When a festival follows next to a Sabbath, whether before or after it, a man prepares two erubin, and he may say, 'My first erub [is to stand good] for the east, and the second for the west; or the first for the west, and the second for the east. My erub [is to stand good for] the first [day]; and the second [day I am] like my townsmen; or my erub [is to stand good for] the second [day], but the first [day I am] like my townsmen.'" But the sages hold, "that he can [only] prepare his erub for one direction, or it does not stand good at all; [likewise] that he must prepare his erub for both days, or it does not stand good at all. But how must we do? He carries it [the erub] out [to the place where he means to deposit it] on the [eve of] the first [day of rest], and remains with it until dusk, when he carries it [back with him]. He then brings [the erub] out again on the second [day], remains with it till dark, and then eats it. It is found [that thus] he gains his walk [beyond the Sabbath-limit], and he gains by [eating] his erub. Should he eat [his erub] on the first [day] it is a [legal] erub for the first [day], but is not a [legal] erub for the second [day]." R. Eleazar said, "[Thus] ye acknowledge to me that they are two [distinct] holy-days." 14

§ 7. R. Jehudah saith, "If a man apprehends that the new year will be celebrated two days, 15 he must prepare two erubin." He then

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says, "My erub of the first [day] [shall stand good] for the east, and of the second [day] for the west; or of the first [day] for the west, and the second for the east. My erub [shall stand good] for the first [day], and on the second [day] I am like my townsmen; or my erub [shall stand good] for the second [day], but on the first [I am] like my townsmen:" but the sages did not coincide with him.

§ S. R. Jehudah further said, "A man may conditionally fix [select] [the heave-offering of] a basket of fruit on the first day of the new year [festival], and eat it on the second [day]; 16 so, likewise, an egg which is laid on the first [day] may be eaten on the second:" but the sages did not coincide with him.

§ 9. R. Dosa ben Harkeenass saith, "He who stands before the reading-desk [to pray] on the first holy day of the Rosh-ashanah, must say, 'Strengthen [support] us, O Lord our God, on this day of the new moon, whether to-day or to-morrow [be the true one].' And on the morrow he says [the same prayer, with the variation], 'whether this day or yesterday [be the true one]:'" but the sages did not coincide with him.

Footnotes

75:1 A nazir, by his vow, must abstain from wine. (Vide Num. vi. 3).

75:2 Whosoever is not a cohen, or Levite, is a common Israelite, and must not partake of holy food. (Vide Lev. xxii. 10). The erub here in question is the combining of limits, for to that or courts bread is indispensable.

75:3 Things not consecrated.

75:4a A priest, descendant of Aaron.

75:5a Vide chap. I. § 10, note 4 of this Treatise.

75:6 The first offering of the dough. (Vide Num. xv. 17, and Treatise Chalah).

76:7 Vide Treatise Sabbath, chap. XVIII. § 1, note 1.

76:8 Any of the numerous sectarians who did not acknowledge the authority of tradition and of the oral law.

76:9 The locks in question were formed out of leather thongs, which might be cut through if the key was lost. The doing of this R. Eleazar considers unlawful on the day of rest.

76:10 The ass a man drives before him, and the camel he pulls along from behind him; so that he needs have his eyes both before and behind. It is a proverbial expression, denoting, that a man is hemmed in all ways. Its application in the present instance arises from the circumstance, that the erub prevents him who prepared it from going in any other direction, while the doubt of its legality prevents his enjoying its privilege, so that it actually becomes penal.

76:11 He must, however, deposit a separate club in each of the two directions.

77:12 To fly from them.

77:13 To meet and welcome him.

77:14 Consequently two erubin are admissible.

77:15 In the days of the Mishna, the new moon and new year were fixed, not by astronomical calculation, as at present, but by actual lunar observation; and it depended on the early or late appearance of the witnesses whether one or two days were to be kept. R. Jehudah is of opinion, "that if two days are celebrated, p. 78 they form two distinct holy days, and therefore require two erubin." But the sages did not coincide with him, as they consider the two days as but one holy day.

78:16 It is not lawful to select the heave-offering [consecrated for the use of the priesthood] on a holy day. The condition in this instance is: on the first day the man says, "If this be a working-day, this crateful shall be the heave-offering for these fruits; but if this be a holy day my selection is void, and I may eat these fruits as non consecrated." And on the second day he says, "If yesterday was a working-day, my selection stands good; but if yesterday was a holy day my selection is void," &c.