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Jerusalem Talmud Eruvin 10:1:3-2:1

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1 ‎[1] **MISHNAH:** He who finds *tefillin* brings them in pair by pair; Rabban Gamliel says, two by two. When has this been said? For used ones, but for new ones he is not liable. If he found them in heaps or bundles he stays there until it becomes dark and then brings them, but in times of danger he covers them and goes away.

‎[2] **HALAKHAH:** ““He who finds *tefillin,” etc*. “He who finds *tefillin* brings them in pair by pair;” as clothing, one on his head and one on his arm. “Rabban Gamliel says, two by two,” two on his head and two on his arm.

‎[3] Rebbi Abbahu in the name of Rebbi Eleazar: He who puts on *tefillin* in the night transgresses a positive commandment. What is the reason? *You shall keep this law …, from day to day*; “days” not nights. But Rebbi Abbahu sat studying at night with his *tefillin* on his head! He put them on the side; they were like a deposit in his keeping. Some want to say, he only meant “not to put them on,” but when they were on him during daytime it would be permitted. Some want to say that the obligation is until the foot is disappearing from public places. Some want to say, let us hear it from the following: *It shall be for you a sign*, when you need it for a sign, but not holiday or Sabbaths that are all sign. But is it not written *from day to day*? You have only what Rebbi Joḥanan said: Everything that is not clear one supports from many places.

‎[4] Women from where? *And you should teach them to your sons*, but not to your daughters. Anyone who is obliged to study Torah is obliged for *tefillin*, women who are not obliged to study Torah are not obliged for *tefillin* They objected, but did not Michal, the daughter of Saul, wear *tefillin*, and did not the wife of Jonah make the pilgrimage to the Temple, and the Sages did not object?. Rebbi Ḥisqiah in the name of Rebbi Abbahu: Jonah’s wife was turned back, the Sages objected to Michal the daughter of Saul.

‎[5] They wanted to say, in the rabbi’s opinion it is not clear; in Rabban Gamliel’s opinion it is clear. Rebbi Jeremiah said in the name of Rebbi Samuel: They estimated to say, up to the place where it can be placed on the top of the head. For how many is there space? Two. Then even on weekdays? Rebbi Ḥaggai said, if he wants to put there, he puts. Rebbi Zeriqa said, Rav Hamnuna explained to me, up to the place where the baby’s brain is soft. There we have stated: “About a chicken which was stoned in Jerusalem because it had killed a person.” It saw that the skull of the baby was soft; it went and picked it.

‎[6] Rebbi Yose said, so is the Mishnah: Only by pairs. Rebbi Yose ben Rebbi Abun in the name of Rebbi Aḥa: Even by pairs. They wanted to say, in the rabbi’s opinion it is not clear; in Rabban Aḥa’s opinion it is clear. Could he not bring them in his hand? It is better to bring them as garment not as load. It is better to push the Sabbath away once not twice.

‎[7] It was stated: Whether he be a man or a woman. They wanted to say, he who said that it is clear, is understandable. He who said that it is not clear, should it not be clear for a man but clear for a woman? Rebbi Eleazar said, who is he who stated “woman”? Rabban Gamliel! As it was stated: Tabi the slave of Rabban Gamliel was putting on *tefillin* and the Sages did not interfere with him. Did they here interfere with him? It is the same for a slave or a woman.

‎[8] “When has this been said? For used ones, but for new ones he is free.” Why? Old ones are checked, new ones are not checked. It was stated: One has to check *tefillin* once every twelve months, the words of Rebbi. Rabban Simeon ben Gamliel says, they do not need checking. Hillel the Elder said, these are from my maternal grandfather. If he found two or three heaps, he checks the first pair of the first bundle; the same with the second or the third. Isaac ben Eleazar asked: Does one create a presumption for all of them or is each one of them for itself? If you are saying that one creates a presumption for all of them, he checks the first pair of the first heap. If you are saying that each one creates a presumption for itself, he checks three pairs from each heap.

‎[9] “But in times of danger he covers them and goes away.” “If it was in the rainy season he covers himself with leather and covers them.” Rebbi Aḥa in the name of Rebbi Abba: This you are saying if it is soft. But if it is hard it is like a load. If the place was at an incline, but if it was not an incline this does not apply.

2 ‎[1] **MISHNAH:** Rebbi Simeon says, he gives them to another person, and this one to another, until one reaches the outermost courtyard. Similarly with his son, he gives him to another person, and this one to another, even if they are one hundred. Rebbi Jehudah says, a person may give an amphora to another person, and this one to another, even outside the Sabbath domain. They said to him, it should go no farther than its owner’s feet.

‎[2] **HALAKHAH:** Paragraph. Rebbi Eliezer and Rebbi Eudaimon in the name of Rebbi Mana: In the case of a baby in danger. His colleague objected to him: If in the case of a baby in danger should he not carry him in his hand? He answered him, if he can bring him in a permitted way.

‎[3] Rebbi Simeion ben Laqish in the name of Levi from Sokho: If he pours from vessel to vessel. For if it were otherwise, would Rebbi Jehudah follow his own opinion, as Rebbi Jehudah said, fluid to wet?

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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

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