courtyards

Rebbi Yose said, a Mishnah implies that the remainders are not obstructive, as we have stated: “If he did not give, it does not obstruct.” Rebbi Borqai in the name of Rebbi Joḥanan: a baraita implies that remainders are obstructive, as we have stated: “He shall atone for the holy Sanctuary, that is the innermost room, and the tent of Meeting, this is the Temple Hall, and the altar, this is the [golden] altar, he shall atone, also for the courtyards.” What atonement do you have for the courtyards? Not the remainders? [Rebbi Abun bar Ḥiyya asked, according to him who said that] remainders are obstructive, is their place obstructive? If he gave them in the night, does he have to slaughter a new sacrifice for them? The colleagues asked: Does one think about them? Rebbi Yudan asked: if they are lost? What is problematic for him, if he started and they became deficient. But if he did not start to give everybody agrees that what he leaves over are leftovers.

Rav Jehudah in the name of Samuel: The scholars who teach the priests the rules of slaughter, rules of receiving, rules of sprinkling, take their wages from the disbursement from the lodge. Rebbi Isaac bar Redifa in the name of Immi: The inspectors of defects of sancta take their wages from the disbursement from the lodge. Rebbi Aḥa, Rebbi Tanḥum bar Ḥiyya in the name of Rebbi Simlai: Those who correct the scroll of the Temple courtyard take their wages from the disbursement from the lodge. Giddul bar Benjamin in the name of Assi: The two judges of robberies take their wages from the disbursement from the lodge. Samuel said, women who are weaving the gobelins take their wages from the disbursement from the lodge; Rav Ḥuna said, from disbursements for repair of the House. How do they disagree? Samuel makes it a sacrifice, Rav Huna makes it part of the building. Rebbi Ḥizqiah said that Rebbi Jehudah Dried Figs stated: The incense and all public sacrifices come from the disbursement from the lodge. The golden altar and vessels for the Service come from the excess of libations. The altar for elevation sacrifices, the building, and the courtyards come from the leftover in the lodge. The outside of the courtyards come from the lodge for maintenance of the House. But was it not stated: One commits me`ilah with stones of the Temple or the courtyards. How can one commit me`ilah with leftovers? But it must follow Rebbi Meïr, for Rebbi Meïr said, one commits me`ilah with leftovers. Rebbi Ḥinena said, Rebbi Meïr said this only during its year. But here we are after its year.

Rav Jehudah in the name of Samuel: The scholars who teach the priests the rules of slaughter, rules of receiving, rules of sprinkling, take their wages from the disbursement from the lodge. Rebbi Isaac bar Redifa in the name of Immi: The inspectors of defects of sancta take their wages from the disbursement from the lodge. Rebbi Aḥa, Rebbi Tanḥum bar Ḥiyya in the name of Rebbi Simlai: Those who correct the scroll of the Temple courtyard take their wages from the disbursement from the lodge. Giddul bar Benjamin in the name of Assi: The two judges of robberies take their wages from the disbursement from the lodge. Samuel said, women who are weaving the gobelins take their wages from the disbursement from the lodge; Rav Ḥuna said, from disbursements for repair of the House. How do they disagree? Samuel makes it a sacrifice, Rav Huna makes it part of the building. Rebbi Ḥizqiah said that Rebbi Jehudah Dried Figs stated: The incense and all public sacrifices come from the disbursement from the lodge. The golden altar and vessels for the Service come from the excess of libations. The altar for elevation sacrifices, the building, and the courtyards come from the leftover in the lodge. The outside of the courtyards come from the lodge for maintenance of the House. But was it not stated: One commits me`ilah with stones of the Temple or the courtyards. How can one commit me`ilah with leftovers? But it must follow Rebbi Meïr, for Rebbi Meïr said, one commits me`ilah with leftovers. Rebbi Ḥinena said, Rebbi Meïr said this only during its year. But here we are after its year.

Rav Jehudah in the name of Samuel: The scholars who teach the priests the rules of slaughter, rules of receiving, rules of sprinkling, take their wages from the disbursement from the lodge. Rebbi Isaac bar Redifa in the name of Immi: The inspectors of defects of sancta take their wages from the disbursement from the lodge. Rebbi Aḥa, Rebbi Tanḥum bar Ḥiyya in the name of Rebbi Simlai: Those who correct the scroll of the Temple courtyard take their wages from the disbursement from the lodge. Giddul bar Benjamin in the name of Assi: The two judges of robberies take their wages from the disbursement from the lodge. Samuel said, women who are weaving the gobelins take their wages from the disbursement from the lodge; Rav Ḥuna said, from disbursements for repair of the House. How do they disagree? Samuel makes it a sacrifice, Rav Huna makes it part of the building. Rebbi Ḥizqiah said that Rebbi Jehudah Dried Figs stated: The incense and all public sacrifices come from the disbursement from the lodge. The golden altar and vessels for the Service come from the excess of libations. The altar for elevation sacrifices, the building, and the courtyards come from the leftover in the lodge. The outside of the courtyards come from the lodge for maintenance of the House. But was it not stated: One commits me`ilah with stones of the Temple or the courtyards. How can one commit me`ilah with leftovers? But it must follow Rebbi Meïr, for Rebbi Meïr said, one commits me`ilah with leftovers. Rebbi Ḥinena said, Rebbi Meïr said this only during its year. But here we are after its year.

It is written, on that day, fresh water will flow out from Jerusalem, etc. It was stated: From the Holiest of Holies to the gobelins like the feelers of silai and bilai. From the gobelins to the golden altar like the horns of locusts. From the golden altar to the courtyards like a shut-thread, from the courtyards to the threshold of the Temple like woof-thread, from there onwards like the pouring from a jug: behold, water drizzled from the right hand side. It is written, when the man left towards the East, with a measuring rod in his hand, he measured a thousand cubits and made me cross the water, ankle water. Up to his ankles. Then he measured another thousand cubits and made me cross the water, knee water. Up to his knees. Then he measured another thousand cubits and made me cross the water, hip water. Up to his hips. From there on, then he measured another thousand, a river which cannot be crossed. Even a large Liburnian could not cross it. What is the reason? No mighty ship may cross it; why? The water was high, swimming water. What is “swimming water”? Where one swims. Rebbi Ḥuna said, in our place one calls the swimmer seḥuna. He moves his hands in himself, as a swimmer would move to swim. What means “to swim”? Rebbi Yose ben Rebbi Abun said, in unruly water. It is written: On this day, a water-source will be opened for the House of David and the dwellers in Jerusalem, for purification and impurity. Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan: From the House of David to the dwellers in Jerusalem it is qualified for impurity and purification. Farther away it is mixed water, qualified for impurity but disqualified for purification. Rebbi Eleazar said, from the House of David to the dwellers in Jerusalem it is qualified for impurity and purification. Farther away it is water running down, disqualified for impurity and purification.

It is written, on that day, fresh water will flow out from Jerusalem, etc. It was stated: From the Holiest of Holies to the gobelins like the feelers of silai and bilai. From the gobelins to the golden altar like the horns of locusts. From the golden altar to the courtyards like a shut-thread, from the courtyards to the threshold of the Temple like woof-thread, from there onwards like the pouring from a jug: behold, water drizzled from the right hand side. It is written, when the man left towards the East, with a measuring rod in his hand, he measured a thousand cubits and made me cross the water, ankle water. Up to his ankles. Then he measured another thousand cubits and made me cross the water, knee water. Up to his knees. Then he measured another thousand cubits and made me cross the water, hip water. Up to his hips. From there on, then he measured another thousand, a river which cannot be crossed. Even a large Liburnian could not cross it. What is the reason? No mighty ship may cross it; why? The water was high, swimming water. What is “swimming water”? Where one swims. Rebbi Ḥuna said, in our place one calls the swimmer seḥuna. He moves his hands in himself, as a swimmer would move to swim. What means “to swim”? Rebbi Yose ben Rebbi Abun said, in unruly water. It is written: On this day, a water-source will be opened for the House of David and the dwellers in Jerusalem, for purification and impurity. Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan: From the House of David to the dwellers in Jerusalem it is qualified for impurity and purification. Farther away it is mixed water, qualified for impurity but disqualified for purification. Rebbi Eleazar said, from the House of David to the dwellers in Jerusalem it is qualified for impurity and purification. Farther away it is water running down, disqualified for impurity and purification.

Rav said, I am saying not less than the volume of an olive. Does this not disagree with Rebbi Joḥanan, since Rebbi Joḥanan said, for me and for him who did not make eruv? A baraita supports Rebbi Joḥanan: An eruv needs a measure neither at the start nor at the end. “On a holiday which falls on a Friday one makes eruv neither for courtyards nor for domains, the words of Rebbi Meïr. But the Sages are saying, one makes eruv for courtyards but does not make eruv for domains”. One makes eruv for courtyards, because it allows something which is allowed to him, but does not make eruv for domains, because you would permit him something which is prohibited to him. There are Tannaim who switch. Rebbi Eleazar said, since there are Tannaim who switch, we have to take notice. Rebbi Jeremiah in the name of Rebbi Ze`ura: He who wants to do it right makes the eruv the day before. Rebbi Yudan said, what you are saying is when he did not make eruv tavshilin, but if he made eruv tavshilin it is permitted. Rebbi Yose ben Rebbi Abun asked, does eruv tavshilin permit dividers?

Rav said, I am saying not less than the volume of an olive. Does this not disagree with Rebbi Joḥanan, since Rebbi Joḥanan said, for me and for him who did not make eruv? A baraita supports Rebbi Joḥanan: An eruv needs a measure neither at the start nor at the end. “On a holiday which falls on a Friday one makes eruv neither for courtyards nor for domains, the words of Rebbi Meïr. But the Sages are saying, one makes eruv for courtyards but does not make eruv for domains”. One makes eruv for courtyards, because it allows something which is allowed to him, but does not make eruv for domains, because you would permit him something which is prohibited to him. There are Tannaim who switch. Rebbi Eleazar said, since there are Tannaim who switch, we have to take notice. Rebbi Jeremiah in the name of Rebbi Ze`ura: He who wants to do it right makes the eruv the day before. Rebbi Yudan said, what you are saying is when he did not make eruv tavshilin, but if he made eruv tavshilin it is permitted. Rebbi Yose ben Rebbi Abun asked, does eruv tavshilin permit dividers?

Rav said, I am saying not less than the volume of an olive. Does this not disagree with Rebbi Joḥanan, since Rebbi Joḥanan said, for me and for him who did not make eruv? A baraita supports Rebbi Joḥanan: An eruv needs a measure neither at the start nor at the end. “On a holiday which falls on a Friday one makes eruv neither for courtyards nor for domains, the words of Rebbi Meïr. But the Sages are saying, one makes eruv for courtyards but does not make eruv for domains”. One makes eruv for courtyards, because it allows something which is allowed to him, but does not make eruv for domains, because you would permit him something which is prohibited to him. There are Tannaim who switch. Rebbi Eleazar said, since there are Tannaim who switch, we have to take notice. Rebbi Jeremiah in the name of Rebbi Ze`ura: He who wants to do it right makes the eruv the day before. Rebbi Yudan said, what you are saying is when he did not make eruv tavshilin, but if he made eruv tavshilin it is permitted. Rebbi Yose ben Rebbi Abun asked, does eruv tavshilin permit dividers?

Rebbi Abun bar Ḥiyya asked before Rebbi Ze`ira: Where does one appear? On the Temple Mount or in the Temple courtyards? He told him, let us hear from the following: “The impure is exempt from appearance, for it is written, you shall come there and bring there.” And one impure in the impurity of the dead may not enter the Temple Mount. This implies that appearance is in the Temple courtyards.

Rebbi Abun bar Ḥiyya asked before Rebbi Ze`ira: Where does one appear? On the Temple Mount or in the Temple courtyards? He told him, let us hear from the following: “The impure is exempt from appearance, for it is written, you shall come there and bring there.” And one impure in the impurity of the dead may not enter the Temple Mount. This implies that appearance is in the Temple courtyards.

Rebbi Joḥanan said, the finger-holes which they mentioned, whether inside or outside, in the manner in which cleanly people hold it. Rebbi Ze`ira said, “it is impossible to say, about one which is wiped dry, for hands are not made impure by anything wiped dry. In truth it is impossible to say, if it is full of fluid, for in the moment he touched it he made it impure. But we must hold that [it was dirtied] by fluid.” Rebbi Joḥanan in the name of Rebbi Banaiah: They treated fluid in a finger-hole like fluid at the slaughtering place. As you are saying there that fluids of the slaughtering place are pure at their proper place but impure at any other place, [so here, fluids in a finger-hole are pure at their proper place but impure at any other place.] Rebbi Simon in the name of Rebbi Joshua ben Levi: fluids of the slaughtering place which came outside {the Temple courtyards} become impure. But did we not state, fluids of the slaughtering place which came outside continue in their sanctity? Rebbi Yose said, Rebbi Simon explained it. Rebbi Ḥinena, Rebbi Simon in the name of Rebbi Joshua ben Levi. If they came out and returned. If the upper fluid became impure and flowed down, Rebbi Abba and Rebbi Abun bar Ḥiyya. One said, at its place it is pure, if it flows down it is impure. The other one said, since it comes from purity it is pure.

MISHNAH: What are the institutions of the returnees from Babylonia? For example, the Temple Mount, the courtyards, and the cistern in the middle of the road. What are the institutions of that town? For example, the town square, the bathhouse, the synagogue with the ark and the scrolls. And he writes his part to the Patriarch. Rebbi Jehudah says, one of them writes to the Patriarch and the other to a private person. What is the difference between him who writes to the Patriarch and him who writes to a private person? The one who writes to the Patriarch does not have to perform an act of delivery, the one who writes to a private person has to perform an act of delivery. But the Sages say, in either case one has to perform an act of delivery. Rebbi Jehudah says, the people of Galilee do not have to write since their forefathers already wrote for them.

HALAKHAH: “Condominium owners who want to make a separation,” etc. As we have stated there: “One does not subdivide a courtyard unless each party has four cubits.” They said, there if the two parties do not agree. But here if both parties agree. And you may even say, here if the two parties do not agree. If this one wishes, one forces the other; if the other one wishes, one forces this one. Rebbi Joḥanan said, one forces for courtyards; one does not force for roofs. Rebbi Nasa wanted to say, in case of a courtyard which is higher than the roof. But in case of a roof which is higher than the courtyard, one forces. Rebbi Joḥanan wanted to say, in case of a courtyard which is higher than the roof one forces. But in case of a roof which is higher than the courtyard, one does not force.

MISHNAH: One forces him to build a porter’s lodge and a door for the courtyard. Rabban Simeon ben Gamliel says, not all courtyards are appropriate for a porter’s lodge. One forces him to build a wall for the town with double doors and bolt. Rabban Simeon ben Gamliel says, not all towns are appropriate for a wall. How long does he have to stay in a town to be like an inhabitant of the town? Twelve months; if he bought an apartment he immediately is an inhabitant of the town.

Rav Huna said, a courtyard is divided by the number of doors. Rav Ḥisda said, the baraita refers to manure. It was stated as follows: “For the cooking stove one handbreadth, for manure according to doors, for the covered walkway according to people.” “Five courtyards which were using a water conduit and it broke. All of them repair together with the uppermost. The uppermost repairs at its place; the others with the second one. The second one repairs at its place; the lowest one repairs with all of them and at its place.” “Five apartments are built above a house which broke. All of them repair with the lowest. The lowest repairs at its place; the others with the second one. The second one repairs at its place; the uppermost repairs with all of them and at its place. If it was a storm sewer they can prevent it being used for laundry. For laundry they cannot prevent it being used as storm sewer.”

HALAKHAH: “He who sells a courtyard,” etc. Rebbi Isaac asked: According to the rabbis, he who sells a courtyard without specifications sold houses, cisterns, ditches, and caves but nothing movable. Or maybe he also sold movables? Rebbi Isaac asked: According to Rebbi Eliezer, he who sells a courtyard without specifications only sold the airspace. But if he said, “it and all it contains,” he sold houses, cisterns, ditches, and caves but nothing movable. Or maybe he also sold movables? Rebbi Joḥanan said, the following I brought from the House of Levi: “If there were (courtyards) [stores] open to the inside, they are sold; to the outside, they are not sold; to the inside and the outside, they are all sold.”

MISHNAH: One judges neither a tribe, nor a false prophet, nor the High Priest, except by the court of 71 [judges]. One may start a war of choice only by the court of 71 [judges]. One may add to the City or to the Temple courtyards only by the court of 71 [judges]. One appoints high courts for the tribes only by the court of 71 [judges]. One declares a town as deviant only by the court of 71 [judges]; one does not declare a border town as deviant, nor three together, but one may declare one or two.

MISHNAH: Whether one entered the courtyard or the addition to the courtyard, because one adds to the city and the temple courtyards only by King and Prophet, and Urim and Tummim, and the Synhedrion of Seventy-One, and two thanksgiving offerings, and song, with the Court walking and the two thanksgiving offerings after them. The inner one is eaten but the outer one is burned. Any [addition] which was not made with all these, one who was entering there is not liable for it.

‘Nor does an Eruv be prepared for it, nor Shittuf, nor does one place within an Eruv’. What is the reason? Because it is unsuitable as a dwelling. Now the Eruv of courtyards is not placed within, but a Shittuf may be placed within.

What is the reason? Since it is no worse than a courtyard within an alleyway, The Tana says: ‘The Eruv of courtyards [are placed] in a courtyard, and the shittuf of an alley in the alley’.

And the point was raised, [How can it be said that], The Eruv of courtyards [are placed] in a courtyard? And the Tana says: If a man placed his Eruv in a gatehouse or in an exedra (a semicircular recess), or in a balcony, it is asur and he who dwells within it cannot be a cause of prohibition?

We should say rather, Eruv's of courtyards [are placed] in a house of the courtyard, and the Shittufs of alleys in a courtyard of the alley; and this is no worse than a courtyard in an alley.

We learned there A cistern between two courtyards—they do not fill up from it on Shabbat, unless they made for it a partition ten handbreadths high, whether above, below or from its rim. Rabban Shimon ben Gamaliel says:

Bet Shammai say: below, And Bet Hillel say: above. Rabbi Judah said: the partition could not be more effective than the wall between the two courtyards.

Judah speaks only there with regard to the eruv of courtyards, which is of rabbinical origin, but here, with regard to the sukkah which is from the Torah, he does not [say so]. ‘Nor does R. Yose hold the opinion of R. Judah,’ for R. Yose speaks only here with regard to the Sukkah which is merely a positive commandment but with regard to Shabbat, which is a prohibition punishable by stoning, he does not say so.

וסבר רבי יהודה כל אהל שאינו עשוי בידי אדם אינו אהל? But we contrast this with the following: Courtyards were built in Jerusalem over rock, and beneath them was a hollow [made] because of [the fear of] a grave in the depths, and they used to bring there pregnant women, and there they gave birth to their children and there they raised them for [the service of the Red] Heifer.

as it has been taught: What [part of Jerusalem] was in the portion of Judah? The Temple mount, the chambers, and the courtyards. And what was in the portion of Benjamin? The hall, the sanctuary and the holy of holies.

But Hebron is a city of refuge?! But it is written, "They gave Hebron to Caleb as Moses had said" (Judges 1:20)! Abaye said: "The outskirts [were given to Caleb], as it is written, 'The field of the city and its courtyards were given to Caleb son of Yifneh' (Joshua 21:12). [The city itself was made into a city of refuge]."

And Rabbi Yehoshua ben Levi said: "What is that which is written, 'A song of ascents. Of David. I am happy for they tell me: "We will go to the house of the Eternal"' (Psalms 122:1). David said before the Holy Blessed One: 'Master of the Universe, I heard people saying: "When will this elder [i.e. me] die, and Solomon his son will come and build the Temple, and then we can go up [there] on food and I will be happy?"' The Holy Blessed One replied: '"One day in your courtyards is better for me than a thousand [days]" (Psalms 84:11). One day when you are occupied with Torah before me is better for Me than a thousand burnt offerings that in the future your son Solomon will bring to the altar!'"