What if you are in your own courtyard on Shabbat, minding your own business, when suddenly the wall between you and your neighbors courtyard collapses?
While this may seem like something we don’t really need to discuss today – I have definitely had a section of my fence collapse (thank you hurricane Irma) and discussed with my neighbor who shares the fense who would pay for the repairs. But we didn’t stop and say – well, now let’s just share backyards (like the daf suggests).
An area where this is pertinent right now is the question of what we do when our social distancing walls are breached? How do we maintain barriers when there is no physical partition to show us where our designated space ends and anothers space begins?
The discussion is pasted below. It continues onto tomorrows daf as well. We may discuss the conclusion tomorrow as it’s an interesting illustration of the balance between wanting to show a host respect while also wanting to show you do not agree with them. (Tune in tomorrow for that discussion . . . unless something else is even more enticing.)
Rav Ḥisda said: Come and hear a resolution to the dilemma from the mishna: With regard to a large courtyard that was breached into a small courtyard, it is permitted for the residents of the large courtyard to carry, but it is prohibited for the residents of the small one to do so. It is permitted to carry in the large courtyard because the breach is regarded like the entrance of the large courtyard. Apparently, even if the breach occurred on Shabbat, it is prohibited for the residents of the small courtyard to carry. Rabba said: Say that the mishna is dealing with a case where it was breached while it was still day, i.e., on Friday. However, there is no prohibition if the breach occurred on Shabbat itself.
אֲמַר לֵיהּ אַבָּיֵי: לָא תֵּימָא מָר ״אֵימַר״, אֶלָּא וַדַּאי מִבְּעוֹד יוֹם נִפְרְצָה. דְּהָא מָר הוּא דְּאָמַר, בְּעַי מִינֵּיהּ מֵרַב הוּנָא וּבְעַי מִינֵּיהּ מֵרַב יְהוּדָה: עֵירַב דֶּרֶךְ הַפֶּתַח וְנִסְתַּם הַפֶּתַח, עֵירַב דֶּרֶךְ חַלּוֹן וְנִסְתַּם הַחַלּוֹן, מַהוּ? וְאָמַר לִי: שַׁבָּת, כֵּיוָן שֶׁהוּתְּרָה הוּתְּרָה.
Abaye said to him: The Master should not state: Say, indicating that it is possible to explain the mishna in this manner. Rather, the mishna is certainly referring to a case where the courtyard was breached while it was still day. As Master, you are the one who said: I raised a dilemma before Rav Huna, and I raised a dilemma before Rav Yehuda: If one established an eiruv to join one courtyard to another via a certain opening, and that opening was sealed on Shabbat, or if one established an eiruv via a certain window, and that window was sealed on Shabbat, what is the halakha? May one continue to rely on this eiruv and carry from one courtyard to the other via other entrances? And he said to me: Once it was permitted to carry from courtyard to courtyard at the onset of Shabbat, it was permitted and remains so until the conclusion of Shabbat. According to this principle, if a breach that adds residents occurs on Shabbat, the breach does not render prohibited activities that were permitted when Shabbat began.
אִתְּמַר, כּוֹתֶל שֶׁבֵּין שְׁתֵּי חֲצֵירוֹת שֶׁנָּפַל, רַב אָמַר: אֵין מְטַלְטְלִין בּוֹ אֶלָּא בְּאַרְבַּע אַמּוֹת.
It is stated that amora’im disagreed: With regard to a wall between two courtyards, whose residents did not establish a joint eiruv, that collapsed on Shabbat, Rav said: One may carry in the joint courtyard only within four cubits, as carrying in each courtyard is prohibited due to the other, because they did not establish an eiruv together. Rav does not accept the principle that an activity that was permitted at the start of Shabbat remains permitted until the conclusion of Shabbat.
וּשְׁמוּאֵל אָמַר:
And Shmuel said: 94aצ״ד א
זֶה מְטַלְטֵל עַד עִיקַּר מְחִיצָה, וְזֶה מְטַלְטֵל עַד עִיקַּר מְחִיצָה.
This one may carry to the base of the former partition, and that one may likewise carry to the base of the partition, as he maintains that since it was permitted at the beginning of Shabbat, it remains permitted until the conclusion of Shabbat.
וְהָא דְּרַב לָאו בְּפֵירוּשׁ אִתְּמַר, אֶלָּא מִכְּלָלָא אִתְּמַר. דְּרַב וּשְׁמוּאֵל הֲווֹ יָתְבִי בְּהָהוּא חָצֵר, נְפַל גּוּדָּא דְּבֵינֵי בֵּינֵי, אֲמַר לְהוּ שְׁמוּאֵל: שְׁקוּלוּ גְּלִימָא, נְגִידוּ בַּהּ.
The Gemara comments: And this ruling of Rav was not stated explicitly; rather, it was stated by inference; i.e., it was inferred by his students from another one of his teachings. As once Rav and Shmuel were sitting in a certain courtyard on Shabbat, and the wall between the two courtyards fell. Shmuel said to the people around him: Take a cloak and suspend it on the remnant of the partition.
אַהְדְּרִינְהוּ רַב לְאַפֵּיהּ. אֲמַר לְהוּ שְׁמוּאֵל: אִי קָפֵיד אַבָּא, שְׁקוּלוּ הֶמְיָינֵיהּ וּקְטַרוּ בָּהּ.
Rav turned his face away, displaying his displeasure with Shmuel’s opinion, as Rav maintained it was prohibited to carry a cloak in this courtyard. Shmuel said to them in a humorous vein: If Abba, Rav, is particular, take his belt and tie it to the cloak, to secure it to the partition.
וְלִשְׁמוּאֵל לְמָה לִי הָא? הָא אָמַר: זֶה מְטַלְטֵל עַד עִיקַּר מְחִיצָה וְזֶה מְטַלְטֵל עַד עִיקַּר מְחִיצָה!
The Gemara asks: And according to Shmuel, why was it necessary to suspend the cloak? He himself said: If a wall between two courtyards collapsed on Shabbat, this one may carry to the base of the former partition, and that one may likewise carry to the base of the partition.
שְׁמוּאֵל עָבֵיד לִצְנִיעוּתָא בְּעָלְמָא.
The Gemara answers: Shmuel did not do so to render it permitted to carry in the courtyard. He did so merely for the purpose of privacy, as he did not want the residents of the other courtyard to see into his own courtyard.
וְרַב, אִי סְבִירָא לֵיהּ דַּאֲסִיר — לֵימָא לֵיהּ! אַתְרֵיהּ דִּשְׁמוּאֵל הֲוָה.
The Gemara asks: And Rav, if he maintains that in this case carrying is prohibited, he should have said so to him explicitly. The Gemara answers: It was Shmuel’s place. Rav did not want to disagree with his colleague in his jurisdiction, as he accepted the opinion of the local authority.
אִי הָכִי, מַאי טַעְמָא אַהְדְּרִינְהוּ לְאַפֵּיהּ? דְּלָא נֵימְרוּ כִּשְׁמוּאֵל סְבִירָא לֵיהּ (וַהֲדַר בֵּיהּ מִשְּׁמַעְתֵּיהּ).
The Gemara asks: If so, if he accepted the jurisdiction of the local rabbinic authority, why did he turn his face away? The Gemara answers: He acted in this manner so that people would not say that he holds in accordance with the opinion of Shmuel, and that he retracted his opinion with regard to this halakha.