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Eruvin 33

1) "ABOVE" AND "BELOW"

QUESTION: The Mishnah (32b) states that an Eruv placed in a tree at a height of ten Tefachim or above is not a valid Eruv. An Eruv placed in a tree at a height less than ten Tefachim is valid. The Gemara explains that the Mishnah is referring to a branch of a tree that extends beyond four Amos around the tree. When the Mishnah talks about an Eruv being placed "above" or "below" ten Tefachim, it means that the branch starts below ten Tefachim and then curves upward and rises above ten Tefachim. It is not talking about two different branches, one above ten Tefachim and one below, but rather two parts of one branch. The Gemara proves this from the words "above" and "below" which always refer to the higher or lower part of a single object, and not two different objects of which one is high and one is low.

A Beraisa in Shabbos (8b) states that there is a difference between placing an object "above" ten Tefachim in a pit and "below" ten Tefachim in a pit. The Gemara asks that since the pit is deeper than ten Tefachim, no matter where the object is placed in the pit, it is in a Reshus ha'Yachid. The Gemara answers that the Beraisa is referring to two different pits, one which is less than ten Tefachim deep and one which is more than ten Tefachim deep. This raises two questions:

(a) Our Gemara implies that the height at which an object is placed in a tree *does* make a difference. Why does the height at which the object is placed in a pit not make a difference?

(b) When the Mishnah here says "above or below" ten Tefachim, the Gemara says that it must be referring to different heights on a single branch. The Gemara in Shabbos, though, says that this terminology *could* be referring to two different objects altogether, and does not necessarily refer to two different levels on one object!

ANSWERS:

(a) There is a difference between a deep pit and a tall tree. When the Mishnah discusses something that was placed in a tree at a height of less than ten Tefachim, it means that there is a four-by-four Tefach indentation in the tree on which the object was placed. Above that indentation, the rest of the branch continues upwards, acting like a ceiling over the indentation. Higher up in the branch is another surface area.

Since the bottom indentation is covered (by the rest of the branch), it is not viewed as part of a Reshus ha'Yachid (that is, the entire branch is not viewed as one large Reshus ha'Yachid), even though the Mechitzos of the Reshus ha'Yachid (the sides of the tree) extend downward and surround the indentation as well. The reason is because there is no space which can be *used as* a Reshus ha'Yachid on the surface of this indentation, because the solid branch cuts it off and separates it from the upper indentation (which is higher than ten Tefachim). We find a similar situation in Shabbos (7a) regarding a house, the inner space of which has a height of nine Tefachim, while the roof is ten Tefachim high from the ground. Since the inside of the house does not have a usable space of ten Tefachim in height, it is not considered Reshus ha'Yachid. That space is considered cut off from the area on top of its roof (which *is* a Reshus ha'Yachid). A pit, however, is different. Since the pit is entirely open, the Mechitzos on the bottom are the same as the Mechitzos on the top (above ten Tefachim) which enclose a Reshus ha'Yachid. Any indentations in the walls of the pit are "Chorei Reshus ha'Yachid." (See also TOSFOS HA'ROSH 34a, DH Niskaven)

(b) To answer the second question, it must be suggested that in a tree, it is more common to have many carved out indentations. In a pit, though, one *generally* has only one surface at the bottom of the pit. Therefore, when the terms "above" and "below" are used unspecified with regard to a pit, it is acceptable for it to mean two pits. With regard to a tree, though, the terms "above" and "below" refer to the same tree, since it is common to have several surfaces at different points in the tree. (M. Kornfeld)

33b

QUESTION: Rebbi Yirmiyah says that the reason why an Eruv inside a basket hanging from a tree above a height of ten Tefachim is a valid Eruv is because one can bend the basket down to below ten Tefachim, so that he and the Eruv are in one Reshus.

Why does this act make the Eruv valid? By bending down the basket, one is transferring the basket, and the Eruv inside it, from Reshus ha'Yachid to Reshus ha'Rabim, which is an Isur d'Oraisa!

ANSWERS:

(a) TOSFOS (DH Ho'il) in the name of the RASHBAM says that Rebbi Yirmiyah is of the opinion that "Eged Kli Shemei Eged." That is, if the basket lies partially in Reshus ha'Rabim and partially in Reshus ha'Yachid, then the food inside of it is also considered to be partially in Reshus ha'Rabim and partially in Reshus ha'Yachid. The basket itself has not been transferred from one Reshus to another Reshus because it is lying atop the border of two Reshuyos (Shabbos 91b). The food inside, therefore, is also not considered to have been transferred.

(b) TOSFOS (DH Ho'il) answers that when one bends down the basket, he turns it into a Karmelis (by bringing it from above ten Tefachim to within ten Tefachim), and not a Reshus ha'Yachid. Therefore, the food inside the basket is resting in a Karmelis and not in Reshus ha'Yachid. By moving it that way, one only does an Isur d'Rabanan (which, for the sake of Eruvei Techumin, is permitted during Bein ha'Shemashos).

The Rashbam probably did not find this answer acceptable because he holds that a utensil, such as a basket, cannot be a Karmelis ("Ein Karmelis b'Kelim"). Therefore, it should be considered to be resting in Reshus ha'Rabim once it is pulled down to less than ten Tefachim. (The principle of "Ein Karmelis b'Kelim" is discussed by Tosfos in Shabbos 5a and 156a, and Rashi in Shabbos 8a.)

(c) The RITVA says that when the basket is tilted, the bottom of the basket is going to be resting against the vertical surface of the tree (that is, the basket itself will be lying sideways), or else the food in the basket will be resting on a tilted surface. In order to be Chayav for bringing something into Reshus ha'Rabim, the object must come to rest on a *horizontal* surface of 4 x 4 Tefachim, which is a "Makom Chasshuv." Since this tilted basket, or food, is resting on a vertical and not a horizontal surface, it is not considered to be resting on a four Tefach surface of Reshus ha'Rabim.

(This answer needs further explanation, for we find (Shabbos 7a) that if something is thrown four Amos in Reshus ha'Rabim and comes to rest laterally, on the vertical *side* of a brick in Reshus ha'Rabim, he is *Chayav* for carrying four Amos in Reshus ha'Rabim. The object lying laterally on the side of the brick *is* considered to be resting on a Makom Chashuv, at least if the brick has a thickness of 4x4 Tefachim -- see also RITVA there.)