משנה: מְעָֽרְבִין בַּדְּמַאי וּבְמַעֲשֵׂר רִאשׁוֹן שֶׁנִּיטְלָה תְרוּמָתוֹ וּבְמַעֲשֵׂר שֵׁנִי וְהֶקְדֵּשׁ שֶׁנִּפְדּוּ. הַכֹּהֲנִים בַּחַלָּה וּבַתְּרוּמָה. אֲבָל לֹא בַטֶּבֶל וְלֹא בְמַעֲשֵׂר רִאשׁוֹן שֶׁלֹּא נִיטְּלָה תְרוּמָתוֹ וְלֹא בְמַעֲשֵׂר שֵׁנִי וְהֶקְדֵּשׁ שֶׁלֹּא נִפְדּוּ. הַשּׁוֹלֵחַ אֶת עֵירוּבוֹ בְּיַד חֵרֵשׁ שׁוֹטֶה וְקָטָן אוֹ בְיַד מִי שֶׁאֵינוֹ מוֹדֶה בָעֵירוּב אֵינוֹ עֵירוּב. אִם אָמַר לְאַחֵר לְקַבְּלוֹ מִמֶּנּוּ הֲרֵי זֶה עֵירוּב׃ MISHNAH: One may make an eruv with demay5Demay is produce of which one may assume that heave was taken but one suspects that it was not tithed. While a scrupulous person will not eat demay it may be given to the poor and the traveler and therefore is edible food., and with First Tithe from which heave has been taken6Any food of which heave was not taken is ṭevel and forbidden for consumption; it is not food. First Tithe of which Heave of the Tithe was taken is wholly profane., and Second Tithe or dedicated [food]7Donated to the Temple to be sold and the proceeds used for the upkeep of the Temple. which was redeemed; Cohanim with ḥallah and with heave. But not with ṭevel, nor with First Tithe from which heave was not taken, and Second Tithe or dedicated [food] which was not redeemed. If somebody sends his eruv8For an eruv teḥumim, if the person wanting to change his Sabbath domain does not go by himself to deposit the food, he must send it by a legally competent person. through a deaf-and-dumb or insane person, or a minor, or by somebody who does not accept eruvin9A Sadducee who as a matter of principle denies the possibility of an eruv, cannot be an agent for its creation., it is not an eruv. If he told a third person to receive it from him it is an eruv10In this case the identity of the carrier is irrelevant..
הלכה: פיס׳. מְעָֽרְבִין בַּדְּמַאי וּבְמַעֲשֵׂר רִאשׁוֹן כול׳. רִבִּי יַעֲקֹב דְּרוֹמִיָּא בָעֵי. מַתְנִיתָה דְלֹא כְבֵית שַׁמַּי. דְּתַנִּינָן. וְשֶׁלְדְּמַאי. בֵּית שַׁמַּי פּוֹסְלִין וּבֵית הִלֵּל מַכְשִׁירִין. וְשֶׁלְמַעֲשֵׂר שֵׁינִי בִּירוּשָׁלַיִם לֹא יִטּוֹל. וְאִם נָטַל. כָּשֵׁר׃ HALAKHAH: Paragraph. “One may make an eruv with demay5Demay is produce of which one may assume that heave was taken but one suspects that it was not tithed. While a scrupulous person will not eat demay it may be given to the poor and the traveler and therefore is edible food., and with First Tithe.” Rebbi Jacob the Southerner asked, is our Mishnah not following the House of Shammai? As we have stated76Mishnah Sukkah 3:5. The topic of the Mishnah is the etro g,C
itrus medica, a fruit which is part of the “four kinds” of plants carried on Tabernacles., “of demay, the House of Shammai declare invalid but the House of Hillel declare valid77Since demay may not be eaten, for the House of Shammai it is not a fruit and therefore cannot be part of the “four kinds”. By analogy it should be forbidden to use demay as food for eruv. For the House of Hillel demay can always be turned into food even on Sabbath and holidays as explained later by the Elder R. Ḥiyya; therefore it is food in all respects.. Of Second Tithe in Jerusalem one should not take but if he took it is valid78Second tithe has to be consumed in Jerusalem; it is food there. But the use of the etro G for a religious ceremony is not consumption; while it is permitted it is inappropriate..”
רַב שֵׁשֶׁת בְּשֵׁם רִבִּי חִייָה רֹבָה. טֶבֶל שֶׁיֵּשׁ עָלָיו תְּנַיי מוּתָּר לְטַלְטְלוֹ. כֵּיצַד הוּא עוֹשֶׂה. נוֹתֵן עֵינָיו בְּמִקְצָתוֹ וְאוֹכֵל אֶת הַשְּׁאָר. וְתַנֵּי. בֵּית שַׁמַּי אוֹמְרִים. אֵין מְעָֽרְבִין בְּמַעֲשֵׂר שֵׁינִי בִּירוּשָׁלַיִם. אָמַר רִבִּי יִרְמְיָה. הָדָא דְאַתְּ אָמַר. בְּעֵירוּבֵי חֲצֵירוֹת. אֲבָל בְּעֵירוּבֵי תְחוּמִין (בְּקַרְ)תָּנִי שֶׁנָּתַן עֵירוּבוֹ בִּירוּשָׁלַיִם שֶׁהוּא יָכוֹל לַעֲלוֹת וּלְאוֹכְלוֹ שָׁם. Rav Sheshet in the name of the Elder Rebbi Ḥiyya: It is permitted to move ṭevel6Any food of which heave was not taken is ṭevel and forbidden for consumption; it is not food. First Tithe of which Heave of the Tithe was taken is wholly profane. which has a condition on it79Ṭevel is neither food nor an implement and therefore is muqṣeh. But if heave and tithes are mentally removed, it becomes food and may be moved and eaten. If one decides on the Sabbath to give after the Sabbath heave and tithes from a certain part of the ṭevel produce, the remainder may be eaten. Cf. Šabbat 18, Notes 25 ff.. How does he do it? He puts his eyes on a small part and eats the remainder. And it was stated: The House of Shammai say, one does not use Second Tithe as eruv in Jerusalem. Rebbi Jeremiah said, this you are saying about eruv of courtyards80This is inappropriate use of Second Tithe since the eruv of courtyards represents a symbolic meal not an actual one. But the eruv of domains is to be eaten on the Sabbath; this is appropriate use.. But for an eruv of domains, a villager81G shows that the correct text is בקרתני. This also was the text of the scribe, erroneously changed by the corrector into תני “it was stated”, which is the version of all printed editions but makes no sense here. who deposits his eruv at Jerusalem can go there and eat it.
שְׁמוּאֵל אָמַר. כְּבֶן תֵּשַׁע כְּבֶן עֶשֶׂר עֵירוּבוֹ עֵירוּב. אָמַר רִבִּי יוֹסֵה. הָדָא דְתֵימַר. בְּעֵירוּבֵי תְחוּמִין. אֲבָל בְּעֵירוּבֵי חֲצֵירוֹת אֲפִילוּ קָטָן. אָמַר רִבִּי יְהוֹשֻׁעַ. מִפְּנֵי מַה מְעָֽרְבִין בַּחֲצֵירוֹת. מִפְּנֵי דַרְכֵי שָׁלוֹם. מַעֲשֶׂה בְּאִשָּׁה אַחַת שֶׁהָֽיְתָה דְבוּבָה לַחֲבֵירָתָהּ וְשָֽׁלְחָה עֵירוּבָהּ גַּבֵּי בְרָהּ. נַסְתֵּיהּ וְגָפַפְתֵּיהּ וּנְשַׁקְתֵּיהּ. אֲתַא וַאֲמַר קוֹמֵי אִימֵּיהּ. אָֽמְרָה. הָכֵין הֲווָת רַחְמָה לִי וְלָא הֲוִינָא יָֽדְעָה. מִתּוֹךְ כָּךְ עָשׂוּ שָׁלוֹם. הָדָא הוּא דִכְתִיב דְּרָכֶ֥יהָ דַרְכֵי־נוֹעַם וְֽכָלִ־נְתִ֖יבוֹתֶ֣יהָ שָׁלֽוֹם: Samuel said, if he is nine or ten years old his eruv is an eruv82Since at this age he is able to legally buy in a grocery store (Mishnah Giṭṭin 5:8, Halakhah 5:9 Notes 234 ff.) he is able to place his food. While a smaller child is not able to do anything of legal consequence, an eruv of courtyards is controlled by the recipient of the foodstuffs and for such a small distance an underage child may be used. Babli 31b.. Rebbi Yose said, this you are saying about eruv of domains. But for an eruv of courtyards, even if he is small. 83The following also is in Chapter 7 (24c l. 74, Note 94, 7). Rebbi Joshua [ben Levi]84Added from G, 7, and its frequent quotes in Medieval sources. said, why does one make eruv of courtyards85Assuming that the courtyard participated in an alley, a separate eruv for courtyards essentially is superfluous. It is required because it is required if there is no alley and because it helps neighborly relations.? Because of peaceful relations. It happened that a woman was hostile to another and sent her her eruv through her son. She took him, embraced him, and kissed him. He went and told it before his mother. She said, obviously she loves me and I did not know it. As a consequence they made peace. That is what is written, its ways are ways of pleasantness and all its paths peace86Prov. 3:17..
פיס׳. הַשּׁוֹלֵחַ אֶת עֵירוּבוֹ בְּיַד חֵרֵשׁ שׁוֹטֶה וְקָטָן כול׳. אָמַר רִבִּי לָֽעְזָר. וְצָרִיךְ לַעֲמוֹד עִמּוֹ. תַּמָּן אָמַר רִבִּי יוֹסֵה בְשֵׁם רַב שֵׁשֶׁת רִבִּי לָֽעְזָר בְּרִבִּי יוֹסֵי בְשֵׁם רִבִּי אַבּוּן. בָּאוֹמֵר לַחֲבֵירוֹ. הֲרֵי אֲנִי מְעַשֵּׂר עַל יָדָךְ. אֵינוֹ צָרִיךְ לַעֲמוֹד עִמּוֹ. וְהָכָא אַתְּ אָמַר הָכֵין. אָמַר רִבִּי חִייָה בַּר אָדָא. כָּאן בְּגָדוֹל וְכָאן בְּקָטָן. רִבִּי אָחָא בְשֵׁם רִבִּי חִינְנָא. וְאֲפִילוּ תֵימַר. כָּאן וְכָאן בְּגָדוֹל וְכָאן בְּקָטוֹן. תַּמָּן בָּאוֹמֵר לוֹ. הֲרֵי אֲנִי מְעַשֵּׂר עַל יָדָךְ. שֶׁאֵינוֹ צָרִיךְ לַעֲמוֹד עִמּוֹ. בְּרַם הָכָא בָּאוֹמֵר לוֹ. עֲרֵב עַל יָדִי. הָדָא יַלְפָא מִן הַהִיא וְהַהִיא יַלְפָא מִן הָדָא. הָדָא יַלְפָא מִן הַהִיא. שֶׁאִם אָמַר לוֹ. אֲנִי מְעַשֵּׂר עַל יָדָךְ. שֶׁאֵינוֹ צָרִיךְ לַעֲמוֹד עִמּוֹ. וְהַהִיא יַלְפָא מִן הָדָא. שֶׁאִם אָמַר לוֹ. עֲרֵב עַל יָדִי. שֶׁהוּא צָרִיךְ לַעֲמוֹד עִמּוֹ. Paragraph. “If somebody sends his eruv8For an eruv teḥumim, if the person wanting to change his Sabbath domain does not go by himself to deposit the food, he must send it by a legally competent person. through a deaf-and-dumb or insane person, or a minor,” etc. 87A somewhat differently organized parallel to this paragraph is in Maˋserot 2:1 (Notes 39–43). Rebbi Eleazar said, he has to be with him. There Rebbi Yose said in the name of Rebbi Sheshet, Rebbi Eleazar the son of Rebbi Yose in the name of Rebbi Abun88In Maˋserot: Abin.: If somebody says to another I shall tithe for you, he does not have to be with him. And here, you say so? Rebbi Ḥiyya bar Ada said, here about an adult, there about a minor. Rebbi Aḥa said in the name of Rebbi Ḥinena89In Maˋserot: R. Ḥanania in the name of R. Ḥanina., you may even say in both cases we deal with an adult or in both cases we deal with a minor. There, when he says, I shall tithe for you, he does not have to be with him. But here, he says make an eruv for me! This learns from that and that learns from this. This learns from that, if he says I shall tithe for you, he does not have to be with him. That learns from this, if he says make an eruv for me, he has to be with him90Since these are the statements one started out with it is clear that with the text in Maˋserot one has to read: “This learns from that, if he says I shall make an eruv for you, he does not have to be with him. That learns from this, if he says tithe for me, he has to be with him.” In any case if the initiative is from the other side he does not have to be there to check but if the initiative is his he has to supervise the minor. Cf. Tosaphot 31b s. v. כאן..