Introduction
THIS Tract, virtually the third of the Sabbath series,
treats of subjects similar to those discussed in the first two. The
main point of. difference is, that most of the laws laid down in the
preceding two volumes are founded on biblical behests, while those instituted
in the present volume are of purely rabbinical origin, notwithstanding
the assertion of a solitary individual who appears in the course of
a debate and declares that the legal-limit branch of the Erub is a biblical
enactment.
A remarkable feature of the Tract is the exposition of the manner in
which the shrewd sages circumvene the rigorous prohibitions contained
in the Tract Sabbath and how they take advantage of every loophole afforded
them through imperfections in the law, at the same time avoiding any
palpable infraction of the law itself.
As already explained in the introduction to Volume I., the restrictions
with which the Sabbath was surrounded had their unquestionable political
import, but their very rigor made the sages, than whom none knew the
people better, doubt whether enforcement and still less voluntary observance
could ever be possible. It became necessary, therefore, to find some
way of modifying the law, not directly, but by the institution of other
in a measure counteracting laws. The solution for this problem presented
itself in the "Erub" (literally "commixture") ordinances,
the first results of which were to bring about a distinction between
the different kinds of ground inhabited by man. Lines of demarcation
between public, unclaimed, and private ground and ground which was under
no particular jurisdiction were strictly drawn. Whatever ground, however,
could be made by hook or crook to come under the category of private
ground was eagerly included, as in the latter things could be carried
about at will. In order, therefore, to have as much private ground as
possible, each man having an interest in public ground would relinquish
or transfer his right to his neighbor and thus make it communal or private
property. Of course, this could be done only among Israelites, and where
a Gentile had an interest in a piece of coveted ground, his share had
to be bought outright.
It was this desire to be in the same neighborhood, yea, even on the
same grounds, that laid the foundation of the subsequent Ghettos, still
flourishing in most of the large cities of the world. How this communal
living was fostered may be readily understood, when it is stated that
the sages permitted the execution of a written instrument in Palestine
an the Sabbath, under ordinary circumstances a grave offence, where
a piece of property had to be purchased from a Gentile for communal
purposes. (See Gitin, 8b, and Schulchan Aruch Orach Chaym, 306, §11.)
The name of this Tract may be said to have a certain significance.
The Hebrew word "Erub" has a variety of meanings, among them
"commixture," as stated, "agreeable," "secure,"
and "safeguard." As the discussions in the Tract will demonstrate,
either one of these meanings may be applied to the appellation of the
Tract and still express the purpose of the laws ordained. By those laws
the observance of the Sabbath was made "secure," they proved
a "safeguard" against "amalgamation" or "mingling"
with other nations, and by virtue of the modification to the laws of
Sabbath which was brought about, the observance of the Sabbath was made
more "agreeable." Several other meanings might be utilized
in the same manner, but lest they seem far-fetched they are omitted.
Another peculiarity of this Tract is that under no circumstances and
on no occasion is the derivation of a law enacted in this particular
Tract inquired into, and unlike other tracts there will not be found
a single query as to where the Mishna derives the law. For want of other
sources the institution of the Erub has been attributed to King Solomon,
vide page 51.
The main subjects of discussion in the following pages will be how
this Erub shall be effected, what materials shall be used to bring about
a commixture, how entries (by which is meant the entry to a court or
a yard where an aggregation of families reside) are to be arranged,
and the like.
Altogether there are four kinds of Erubin, only three of which will
be discussed in this treatise. They are: The combining of courts, the
combining of limits, and the combining of streets, also known as junction.
The other commixture is called combining of cookery, which will be treated
at length in Tract Yom Tob.
The combining of courts deals with the regulations by the observance
of which various houses standing in one court are joined together into
one common ground, thus enabling the householders to carry and convey
articles to and from one another. The combining of limits treats of
the regulations through which the distance of two thousand ells, beyond
which no Israelite is allowed to travel on the Sabbath, may be legally
extended.
The combining of streets treats of the rules to be observed in the
case of narrow streets and public places which can be turned into private
ground under certain conditions.
Finally, it may be well to add that, of all the difficult and complicated
treatises in the Talmud, the Tract Erubin is by far the most difficult,
and in a great many places almost incomprehensible to other than the
most careful students.
THE EDITOR.
NEW YORK, September, 1897.
Sources: Biblical
Texts |