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1 [1] **MISHNAH:** An alley which is higher than twenty cubits should be reduced; Rebbi Jehudah says, this is not necessary. If it is wider than ten cubits it should be reduced; if there is a door-frame even though it is wider than ten cubits there is no need to reduce.
[2] **HALAKHAH:** “An alley which is higher than twenty,” etc. Rebbi Yose said it without attribution, Rebbi Aḥa in the name of Rav: The rabbis inferred it from the door of the Sanctuary, but Rebbi Jehudah inferred it from the door of the Hall. An argument from the door of the Hall is sufficient only up to forty cubits, as we have stated there: “The door of the Hall was forty cubits high and twenty cubits wide.” Rebbi Ḥiyya stated, even forty or fifty cubits; Bar Qappara stated, even a hundred cubits. Rebbi Abin said, Rebbi Jehudah follows his opinion and the rabbis follow their opinion, as we have stated there, “and similarly one carries under panelled bridges on the Sabbath, the words of Rebbi Jehudah, but the Sages forbid it.” As you are saying there, one considers the cross-beam as if it came down and closed, here also one considers the roof as if it came down and closed. This is the opinion of Rebbi Jehudah in the case of a *sukkah,* this is his opinion in the case of an alley. Also the opinion of the rabbis in the case of a *sukkah* is their opinion in the case of an alley. But they do not compare. There are items qualified for a *sukkah* which are disqualified for an alley and those qualified for an alley but disqualified for a *sukkah.* Double pointed stakes are qualified for a *sukkah* but disqualified for an alley, and it was stated thus: If he brought four double pointed stakes and thatched over them it is qualified as a *sukkah* but disqualified for an alley. That is, if they are higher by more than three [hand-breadths] than the walls of the alley. But if they are not higher by more than three [hand-breadths] than the walls of the alley it is qualified. If they are not, but if they are four [hand-breadths] wide they are qualified even if arbitrarily high. Walls may be qualified for a *sukkah* but disqualified for an alley, and it was stated thus: “Two regular and the third even one hand-breadth is qualified.” Rebbi Ḥiyya in the name of Rebbi Joḥanan: Two of four hand-breadths each and the third even one hand-breadth is qualified. But for an alley only if it is closed in its four directions. Wider than ten cubits is qualified for a *sukkah* but disqualified for an alley. “If he drew a vine or squash.” That means, up to an area of two *bet se’ah.* But more than an area of two *bet se’ah* it is a partition made for agriculture where one may transport only four cubits. If its sunshine is more than its shadow it is disqualified as *sukkah* but qualified for an alley. A roofed *sukkah* is disqualified, a roofed alley is qualified. Rebbi Immi in the name of Rav Oshaia: Not only roofed, but if he put there a cross beam four hand-breadths wide, it makes the alley permitted.
[3] Rebbi Aḥa, Rebbi Ḥinena in the name of Cahana: Practice does [not] follow Rebbi Jehudah. If it were not so what would we say? Rebbi Jehudah versus the Sages, practice should follow Rebbi Jehudah? But since Rebbi Jacob bar Idi said in the name of Rebbi Joshua ben Levi, practice follows the lenient opinion in *Eruvin,* and Rebbi Naḥman bar Isaac said in the name of Rebbi Joshua ben Levi, practice follows Rebbi Joḥanan ben Nuri. (We asked about it, did not Rebbi Jacob bar Idi say in the name of Rebbi Joshua ben Levi, practice follows the lenient opinion in *Eruvin,* and Rav Naḥman bar Isaac said in the name of Rebbi Joshua ben Levi, practice follows Rebbi Joḥanan ben Nuri.) We asked about it, we would think this refers to an individual versus an individual but not an individual versus the Sages. There came Rebbi Jacob bar Aḥa, Jacob bar Idi said in the name of Rebbi Joshua ben Levi, practice follows Rebbi Joḥanan ben Nuri even though the Sages disagree with him. Why should practice not follow Rebbi Jehudah even though the Sages disagree with him? Samuel said, practice follows the lenient opinion in *Eruvin.* Rav Ḥiyya bar Ashi said to him, for example what we have stated there, “and similarly one carries under panelled bridges on the Sabbath, the words of Rebbi Jehudah, but the Sages forbid it”? He told him, did I not say *Eruvin* but partitions? Cahana shares Samuel’s opinion. Therefore it was necessary to say that practice does not follow Rebbi Jehudah.
[4] They only said “higher than twenty”. Therefor at the end of twenty it is qualified. This follows Rav who said that the end of measurements is for leniency; Rebbi Joḥanan said that the end of measurements is for restriction. Rebbi Ḥiyya in the name of Rebbi Joḥanan: For an alley whose beam is higher than twenty he puts another beam within twenty and this reduces to less than twenty. Rebbi Yose said, on condition that the entire qualification beam be within twenty. Rebbi Ḥilqiah said in the name of Rebbi Aḥa, even this comes following Rav, as Rav said that slaughter half by half is qualified, and why did they say that it is disqualified? Because of the visual impression. For if you say that he has to put it within twenty, he would put it higher than twenty.
[5] “It should be reduced.” How does one reduce? He makes a platform at the entrance of the alley and permits the alley. How much must it be? Rebbi Aḥa in the name of Rebbi Hoshaia: Four hand-breadths for an alley. Rebbi Yose says, one hand-breadth corresponding to the beam. The colleagues say, anything, since here is no longer a height of twenty cubits in the widths of a hand-breadth.
[6] If its height was less than ten hand-breadths one has to dig out. How much does he have to dig? Rebbi Aḥa said, four cubits as an alley. Rebbi Yose said, four hand-breadths as a space. Rebbi Jacob bar Aḥa, Rebbi Yose in the name of Rebbi Joḥanan, he makes a ditch at the entrance of the alley, ten [hand-breadths] deep and four wide; this permits the alley from inside and out, on condition that it be within three [hand-breadths] of the walls of the alley. And even he who says there four, here he agrees with three. There it is outside of the alley, but here within the alley.
[7] If he made a stone fence at the entrance to the alley, ten [hand-breadths] high and four wide, it permits the alley from inside and out. If there had been a stone fence, if it reduces to ten hand-breadths within three it needs a beam, otherwise it does not need a beam. There are Tannaim who state, within four [cubits]. He who says, within three [cubits], the rabbis. He who says, within four [cubits], Rebbi Meїr. If there was a slope in the middle of the alley, for those at the high end it acts as a ditch, for those at the low end as a stone fence.
[8] “If it is wider than ten cubits it should be reduced.” How does one reduce? He puts a cross-beam on the entrance of the alley and permits the alley. This was said for width; the rabbis also apply it to height. Is it not as if opened in its length? It is turned into a porch. Rebbi permitted a porch in Bet Shearim. How many pillars did it have? Rebbi Jacob bar Aḥa said, Rebbi Ḥiyya and Rebbi Yose, one said, six, but the other one said, eight. Rebbi Jacob bar Aḥa said, they do not disagree. He who said six does not count the two outer ones, he who said eight does count the two outer ones. Rebbi Jacob bar Aḥa in the name of Rebbi Eleazar: Six is not important, eight is not important. But if it was used by the public even with two it will be forbidden, if it is not used by the public even with many it will be permitted. The case which happened was as it happened.
[9] If a porch was totally open to the public domain, Rebbi La: [Rav] and Rebbi Joḥanan both are saying, one may carry in its entirety; Samuel said, one may carry in it only four cubits. Rebbi Yose said, does not Samuel agree that an alley roofed higher than twenty cubits is qualified? But Samuel must hold, only if the qualifying beam be within twenty cubits. There came Rebbi Aḥa, Rebbi Ḥinena in the name of Rebbi Hoshaia, only if the qualifying beam be within twenty cubits. Rebbi Yose said, even if Samuel would think that an alley roofed higher than twenty cubits is qualified, an alley is not comparable to a porch. An alley is made for the use of the adjacent houses, a porch is made for the use (of a thing). If an alley is not roofed but there is a beam within twenty cubits, would it not be qualified? But if a porch is not roofed although there is a beam within twenty cubits, would that mean anything?
[10] If it was wide within fifteen cubits, Rebbi Abba and Rav Huna in the name of Rav: He makes a plank of slightly more than three hand-breadths and removes it two cubits from the wall. The slight addition is treated as lath, and it is permitted on condition that what is standing be more than the empty space. Should he not make a plank four hand-breadths wide? Did we not state, he makes a plank four hand-breadths wide? Rebbi Abba bar Pappai said, in order to permit both parts without beam. Some Tannaim state, he puts up a stick and a double-pointed stake; some Tannaim state, he makes a plank four hand-breadths wide. Rebbi Yose said, practice follows him who said, he makes a plank four hand-breadths wide.
[11] It was stated: Rabban Simeon ben Gamliel says, if an alley has two entrances, he puts a beam over one of them and permits it. Rebbi Aḥa in the name of Rebbi Levi: Practice does not follow Rabban Simeon ben Gamliel. Rebbi Abba said, only if he put up a stick and a doubly pointed stake; but if he made a plank four hand-breadths wide, practice follows Rabban Simeon ben Gamliel, as it was stated thus: If an alley has four entrances, he puts a beam over one of them and permits it. Rebbi Yose said, only if he does it for a middle one. But if he put it on an outer one could it be that what is standing here would permit what is open there? What would permit that which is open there? Rebbi Shammai said, explain it that it follows Rabban Simeon ben Gamliel and you cannot infer anything.
[12] A curved and open alley. Rebbi Joḥanan said, he puts a beam or a lath on one side and makes a door frame on the other side. Rebbi Simeon ben Laqish said, he puts a beam or a lath there which permits. In Rebbi Simeon ben Laqish’s opinion, if they wanted to fix it so that each side may use it up to the closing wall, would not two domains use a common domain? But one may use it up to the bend and the other may use it up to the bend. Would not two domains use a domain forbidden to them? Rav and Samuel, Rav like Rebbi Joḥanan and Samuel like Rebbi Simeon ben Laqish.
[13] Rebbi Joḥanan and Rebbi Simeon ben Laqish were staying in Rebbi Isaac’s street. Rebbi Simeon ben Laqish carried, according to his opinion, Rebbi Joḥanan did not carry, according to his opinion. Rebbi Joḥanan neither forbade nor carried; he said, let the dwellers in the alley be in error, lest they be intentional. What, did he carry or did he not carry? If you say that he carried, then Rebbi Joḥanan’s opinion did change. If you say that he did not carry, it should be forbidden to the dwellers in the alley. Rebbi Joḥanan annulled his rights. Rebbi Aḥa said, Rebbi Simeon ben Laqish forced Rebbi Joḥanan and he carried. Rebbi Mattaniah said, this is correct. What is Rebbi Meïr’s reason? They considered him as unintentional compared to intentional. What is the rabbis’ opinion? Since they are suspected of carrying they are as if intentional. They told him, if this be so then the haters of Rebbi Joḥanan should be considered like a Sadducee for the dwellers in the alley and it should become forbidden for the dwellers in the alley. Rebbi Yose ben Rebbi Abun said, a Sadducee is suspected of carrying; here what can you say? What is the difference between them? If it was built like a χ. Rebbi Joḥanan said, he puts a beam or a lath on one side and makes a door frame on the other side. Rebbi Simeon ben Laqish said, even many beams do not make it permitted.
[14] Rav Jeremiah in the name of Rav: An alley which was broken at its end into four [hand-breadths], at a side more than ten [cubits]. The colleagues in the name of Rav, there is no difference, whether at its end or at a side four [hand-breadths]. They wanted to say, he who says that “at a side more than ten [cubits],” therefore ten are permitted if it is four [hand-breadths] wide. He who says, “whether at its end or at a side four [hand-breadths],” if it is not four hand-breadths wide. Were we not of the opinion that Rav is like Rebbi Joḥanan? Rebbi Yose ben Rebbi Abun said, to unify the entire domain.
[15] An alley which was broken at its side towards the entrance, the rabbis of Caesarea said, Rebbi Ḥiyya and Rebbi Yose. If four [hand-breadths] wide was standing it needs a beam, otherwise it does not need one. What is the difference between this and an alley which has two openings? If an alley has two openings, does he not put a beam over one of them and permits? Rav Naḥman bar Jacob said, if an alley has two openings, is it not usual that people enter by one and leave by the other? But is it usual that people enter by one and leave by the breach?
[16] May one beam permit two alleys? Rebbi Jereniah said, Rebbi Zeˋira and Rebbi Abbahu, one said, it is forbidden, the other said, it is permitted. He who said, it is forbidden, if it was put higher than three [hand-breadths] than the walls of the alley; he who said, it is permitted, if it was put lower than three [hand-breadths] than the walls of the alley.
[17] Rebbi Zeˋira said, by what can a courtyard become permitted? It was found stated, with one plank, the words of Rebbi, but the Sages say, with two planks. Rav Jeremiah in the name of Rebbi Ḥiyya, practice follows him who said, by two planks on condition that there be a plank of four hand-breadths on each side. Rebbi Yose in the name of Rebbi Joḥanan, practice follows him who said, by two planks, but I am saying, by one plank. On condition that there be a plank of four hand-breadths on each side? But there are only planks of three hand-breadths on each side, and what he said in the name of Rebbi Joḥanan, a plank of any thickness on each side.
[18] Rebbi Zeˋira, Rav Huna in the name of Rav: An alley whose length and width are equal is not permitted by lath or beam but by planks like a courtyard. Samuel heard this from him and exerted himself after him 40 times. The rabbis of Caesarea do not say so but rather that Samuel asked Rav, by how much must their length exceed their width? He responded and told him, anything. For this he exerted himself after him 40 times, for one might need Rav and not find him.
[19] There we have stated: “Because the relation of the alley to courtyards is like that of a courtyard to houses.” How many courtyards must there be for an alley? Rav and Samuel both are saying, there cannot be less than two. Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan, even one courtyard on each side. Rebbi Aha, Rebbi Ḥinena in the name of Rebbi Joḥanan said, even a courtyard on one side and a house on the other side, a house on one side and a store on the other side. Rav Naḥman bar Jacob (asked) [in the name of Rebbi Joḥanan]: An alley cannot have less than two courtyards, a courtyard cannot have less than two houses. An alley whose length and width are equal is not permitted by lath or beam but by planks like a courtyard. Samuel asked Rav, by how much must its length exceed its width? He told him, anything. The dwellers of the Land of Israel make theirs square. If five alleys open into one alley. Whether what is standing is more than what is breached or what is breached is more than what is standing, it does not need a beam, if they are distant four cubits.
[20] Rebbi Hoshaia stated: Doors which open on the public road, if they are open their place becomes public domain, if they are locked their place becomes private domain. Alleys that open on the sea are like alleys open to an agricultural area. The street of Rebbi Ḥanin does not need a door frame since it descends ten hand-breadths within three [cubits]. They made an arrangement to allow the lower-lying houses.
[21] “If there is a door-frame even though it is wider than ten cubits there is no need to reduce.” Ḥananiah bar Shelemia was sitting stating this to Ḥiyya, Rav’s son. Rav put out his head from the window and said, it is not so. He told him, but was it not stated so? He said to him, if you state this to him you have to inform him that it is not so.
[22] Abba bar Huna said, the door frame about which they spoke is a stick on each side and bast over them. Rebbi Yannai the son of Rebbi Ismael in the name of Rebbi Simeon ben Laqish: A hinge and its fastener; nothing should be missing but the door.
[23] Rebbi Ḥiyya stated: How does one permit public domain? Rebbi Jehudah says, a lath on each side or a beam on each side, but the Sages say, a lath and a beam on one side and he makes a door frame on the other side. Rebbi Jeremiah in the name of Rebbi Samuel bar Rav Isaac: A hinge and its fastener; nothing should be missing but the door. Rebbi Jeremiah said this before Rebbi Zeˋira, who told him, what do you have in your hand? Rebbi Ila in the name of Rebbi Joḥanan, the door frame about which they spoke is a stick on each side and bast over them. Rebbi Yose said, the rabbis here follow their opinion and the rabbis there follow their opinion. Since the rabbis there are saying, the door frame about which they spoke is a stick on each side and bast over them; they are those who say, it is not so. But the rabbis here who are saying, a hinge and its fastener; nothing should be missing but the door, they are those who say, it is so.
[24] Ḥanania the son of Rebbi Joshua’s brother says, the House of Shammai say, a door on each side. When he enters he closes and locks. But the House of Hillel say, a door on one side and a door frame on the other side. Samuel said, practice follows Ḥanania the son of Rebbi Joshua’s brother. Is that not the same as the earlier statement? Rebbi Abba said, if there is a door it can be locked. Rebbi Aḥa instructed one who made a door frame that he had to make it inside of four cubits. Rebbi Aybun instructed in this sense.
[25] Rebbi Zeˋira in the name of Rav Ḥisda: If pegs stick out from the walls of an alley, a person places a beam on them and allows the alley, on condition that they be within three [hand-breadths] of the alley. Two Amoraim, one said, only if they are strong enough to carry the beam and its tiles, but the other said, even if they are not strong enough to carry the beam and its tiles.
[26] Rebbi Zeˋira asked: under the beam it is forbidden but it permits the alley? Rebbi Aḥa ben Rebbi Ulla said, why did one not say to him, did we not find this for Samuel? As Samuel said, under the beam it is forbidden but it permits the alley. Rebbi Zeˋira in the name of Samuel: Under the beam and between the laths it is judged like a threshold. Rebbi Zeˋira asked, what kind of threshold? Like a permitted threshold or a forbidden threshold? Rebbi Zeˋira said, when I was still there it was questionable for me, but when I came here I heard Rebbi Yasa in the name of Rebbi Joḥanan: If a threshold is ten [hand-breadths] high but less than four wide it is permitted for both domains; only one should not exchange. Rebbi Mana said before Rebbi Yose, look what he is saying! He only said, if it is less than four wide. But if it is four wide it is forbidden. He said to him, is that not the case of a cross-beam? Is it not permitted under a cross-beam? Rebbi Zeˋira said, Samuel and Rebbi Joḥanan. Samuel said, under the beam it is forbidden, but Rebbi Joḥanan said, it is permitted. Everybody agrees that between laths it is forbidden, and it was stated thus: If an alley is made of laths, if between one and the next are four hand-breadths one carries up to the outer one; otherwise one carries up to the inner one. The Rabbis of Caesarea in the name of Rebbi Uqba, unless the outer one is wider. But if the outer one was wider one carries up to the outer one.
Notes by Heinrich Guggenheimer on Jerusalem Talmud
Version: The Jerusalem Talmud, translation and commentary by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015
Source: https://www.nli.org.il/he/books/NNL_ALEPH001901012/NLI
License: CC-BY