Daf Ditty: Eruvin 32, TREES Francie notices the Tree of Heaven that has grown and re-sprouted in the building's yard despite all efforts to destroy it, seeing in it a metaphor for her family's ability to overcome adversity and thrive A Tree Grows in Brooklyn, Betty Smith 1 2 MISHNA: If one placed his eiruv in a tree above ten handbreadths from the ground, his eiruv is not a valid eiruv; if it is below ten handbreadths, his eiruv is a valid eiruv. If he placed the eiruv in a pit, even if it was a hundred cubits deep, his eiruv is a valid eiruv. GEMARA: Rabbi Ḥiyya bar Abba sat, and with him sat Rabbi Asi and Rava bar Natan, and Rav Naḥman sat beside them, and they sat and said: This tree mentioned in the mishna, where does it stand? If you say it stands in the private domain, what is the difference to me whether the eiruv is placed above ten handbreadths or below ten handbreadths? The private domain ascends to the sky, and there is no difference whether an object is above or below ten handbreadths. Rather, say that the tree stands in the public domain; but in that case the question arises: Where did the person intend to establish his Shabbat residence? If you say that he intended to establish his Shabbat residence in the tree above, he and his eiruv are in one place. Consequently, the eiruv should be valid, even if is at a height of more than ten handbreadths. Rather, say that he intended to establish his Shabbat residence on the ground below; but isn’t he making use of the tree if he accesses his eiruv? It is prohibited to make use of a tree on Shabbat, and therefore his eiruv should invalid even if it is less than ten handbreadths above the ground because it is inaccessible to him. Rashi 3 The Gemara answers: Actually, we can accept the latter assumption that the tree stands in the public domain, and that he intended to establish his Shabbat residence on the ground below, in the public domain. And with regard to the prohibition against making use of a tree, this mishna is in accordance with the opinion of Rabbi Yehuda HaNasi, who said: Anything that is prohibited on Shabbat not by Torah law, but rather due to a rabbinic decree [shevut], the Sages did not issue the decree to apply during twilight, which is neither definitively day nor definitively night. Since using a tree is only prohibited due to a shevut, it is permitted to make use of the tree and remove one’s eiruv from it during the twilight period, which is when the eiruv establishes the person’s Shabbat residence. Therefore, the eiruv is valid, provided that it is below ten handbreadths. If, however, the eiruv is above ten handbreadths, it is invalid. At that height, removing the eiruv from the tree entails violation of the Torah prohibition of carrying from a private domain to a public domain, which is prohibited even during twilight. The Mishnah states that when one places the food of his Eruv in a tree within ten Tefachim from the ground, the Eruv is valid, because he and his Eruv are in the same domain (Reshus ha'Rabim), and therefore the Eruv is accessible on Shabbos. The Gemara suggests that even if an Eruv is placed high up in the tree, if the person and his Eruv are in the same domain (Reshus ha'Yachid), then the Eruv is valid. The Gemara challenges this assertion and says that the Eruv should not be valid, because when one places the Eruv in the tree, he uses the tree ("Mishtamesh b'Ilan"), and the Rabanan prohibited the use of a tree on Shabbos. What "use" of the tree occurs when one places his Eruv in it? He does not need to climb the tree to get the Eruv, since it is only ten Tefachim high. One is not prohibited to remove the Eruv from the tree, because there is no use of the tree involved in such an act. Indeed, the Gemara in Shabbos (153a) clearly states that one is permitted to remove items from the back of an animal, even though the use of an animal, like the use of a tree, is prohibited. The fact that the tree holds something that one placed there before Shabbos also cannot be considered 4 use of the tree, because the Gemara in Shabbos (45a) says that one may place a candle in a tree to remain there during Shabbos. (RITVA, RASHBA) The RITVA cites one opinion that says that even to derive a Halachic benefit from a tree (i.e., his Eruv in the tree makes the tree his primary place of Shabbos dwelling and thereby alters his Techum Shabbos) is considered "Mishtamesh b'Ilan." The Ritva rejects this answer. One cannot compare Halachic benefit derived from the tree with use of the tree, because the decree against use of a tree on Shabbos was enacted in order to prevent one from accidentally cutting down a branch. There is no concern that one might cut down a branch when he derives Halachic benefit from the tree. The Ritva explains that the Rabanan were concerned that one might lean on the tree while he removes the food of his Eruv. Orach Chayim 336:1 If It Is Permissible to Walk on Grass or Climb a Tree,: We do not climb a tree, whether it is wet or dry, nor do we hang from it, nor do we use anything attached to the ground. This is a rabbinic decree lest one come to climb the tree and pick something from it. If someone climbed a tree on Shabbat by mistake, he is permitted to descend. If he did it on purpose, he is not allowed to descend. If he climbed the tree when it was still day on Friday, he is always allowed to descend after it gets dark. There are some who say that this only applies when it was his intention to descend while it was still day, but if it was not his intention to descend while it was still day, he should not descend when it gets dark, as he intended to sit in a forbidden place. Rem"a: This only applies to a person who ascended the tree, but if he left an object there while it is still day, it is forbidden for him to remove it from there on Shabbat (Magaid Chapter 21). All of 5 this applies to a tree or the like, but one is permitted to use reeds that are soft like an herb, even if they are connected to the ground, because there is no prohibition against using herbs (Hagahot Oshr"i Perk Bechol Me'arvin in the name of the Or Zarua and Beit Yosef). Above, the REMA (OC 336:1) rules that one may not remove any object from a tree on Shabbos, because one might lean on the tree: Tosafos תופסות ה"ד המ יל הלעמל המ יל הטמל יל המ הלעמל יל המ ה"ד תופסות Tosfos explains why he did not ask about using the tree. אשהת יתכאד אל קיסא היתעדא יתאד יברכ וה י יצמ ושקאל י י ןיבד הלמלע יבו ן המלט אל היהי בוריע םושמ םושמ בוריע היהי אל המלט ן יבו הלמלע שמתמדש אב י ל ן בשתד Now that it did not yet cross his mind that [our Mishnah] is like Rebbi, he could have asked that both above and below it is not an Eruv, because [to take his Eruv] he uses a tree (which is forbidden mid'Rabanan)! אלא ךירפד יכ ו ן הטמלד וה י בוריע אלו תפכיא ןל המב שמתשמש ןליאב הלעמל ימנ והיל י בוריע אוהד ובוריעווויואה וי יוי ינהעל לא מששהב לתכאאוברע ההמד כךרדאא מבק ו ם דחא ה ו א דא ב Answer: He asked that since below it is an Eruv, and we are not concerned that he uses a tree, also above it should be an Eruv, for he and his Eruv are in one place. 6 MISHNAH: The Mishnah discusses placing the eruv on a tree [or in a pit.]1 Clarifying the Mishnah A group of Amoraim sat before R’ Nachman to analyze the details of the case in the Mishnah. They concluded that the tree was standing in a public domain and the person intended to establish residence on the ground below the tree. The reason there is no issue as far as using the tree on Shabbos is that the Mishnah follows the opinion of Rebbi who maintains that rabbinic prohibitions are not in force during bein hashmashos. R’ Nachman approved of this interpretation and Shmuel is also quoted as explaining the Mishnah in this way Rava ruled: The case of the Mishnah invalidating an eruv in a tree above a height of ten tefachim applies only if the tree is outside the outskirts of the city, but if it was within the outskirts of the city it should be valid. The Gemara demonstrates that according to this rationale, even if the tree is beyond the outskirts of the city it should still be valid. R’ Yitzchak the son of R’ Mesharshea explains that the Mishnah refers to a branch that extends more than four amos from the trunk and the person intended to establish residence at the base of the tree. AN ERUV IN A TREE (our Dr Seuss equivalent) Mishnah: If an Eruv was in a tree above 10 Tefachim, it is invalid; If it is below 10 Tefachim, it is valid; If it is in a pit, even 100 Amos deep, it is valid.