EIRUVIN - 100b – המוצא תפילין – פרק עשירי – עירובין, ק ע”ב

…where he does not do a forbidden act; but here, where he does a forbidden act, so too he must come down.^[1]

דלא קא עביד איסורא - When he sits and does not place the blood, the prohibition of bal tigra^[2] and the positive command “and he shall put it on the horns” are uprooted of themselves; but this one — his very sitting is a use, for he is making use of the tree.

It was taught in one beraisa: Both a moist tree and a dry tree,

יבש - That has no moisture in it, and it is not considered attached.

and it was taught in another beraisa: When is this said? With a moist tree; but with a dry one it is permitted.

Rav Yehudah said: There is no contradiction. Here, where its trunk renews itself,^[3] here, where its trunk does not renew itself.

If its trunk renews itself, do you call it dry?!

Rather, there is no contradiction: here, in the summer days; here, in the rainy days.

בימות החמה - A dry one is permitted, for there is not even a concern of mar’is ha’ayin,^[4] since it is evident to all that it is dry, as it puts out no leaves; and where it teaches that it is forbidden, that is in the rainy season, when one cannot tell moist from dry, and there is a concern of mar’is ha’ayin.

In the summer days, fruit falls from it!

קא נתרי פירי - Fruit left on it from last year, and he will come to permit himself plucking from it — plucking from a moist tree. Granted that we do not decree against climbing a dry tree because of climbing a moist one, since that is itself a decree;^[5] but we do decree against plucking because of plucking.

Where there is no fruit on it.

But twigs fall from it!

With a gedudda, a bare branch.

בגדודא - A branch whose twigs have all fallen off.

Is that so? But Rav came to Apastia and forbade even a gedudda!

Rav found an open valley, and fenced it with a fence.

בקעה מצא - That is, they were not people of Torah who would know to be careful, like this valley that has no watchman and everything is breached.

Rami bar Abba said in the name of Rav Assi: A person is forbidden to walk on grass on Shabbos,^[6] because it is said (Mishlei 19): And he who hastens with his feet sins.

ואץ ברגלים חוטא - We see that walking too is called sin; and here there is sin, for he plucks grass.

It was taught in one beraisa: It is permitted to walk on grass on Shabbos,

and it was taught in another: It is forbidden.

There is no contradiction: this one with moist grass, that one with dry grass.

לחים - Forbidden, for he is plucking; dry grass is regarded as detached.

Or, if you wish, say: both are with moist grass, and there is no contradiction: here, in the summer days; here, in the rainy days.

בימות החמה - There is seed in the stalks, and he shakes it off.

Or, if you wish, say: both are in the summer days, and there is no contradiction: this one where he wears his shoes, that one where he does not wear his shoes.

סיים מסאני - Permitted.

לא סיים מסאני - Forbidden, for the grass catches between the joints of his toes and is torn off.

Or, if you wish, say: both are where he wears his shoes, and there is no contradiction: this one where the shoe has spikes, that one where it has no spikes.

עוקצא - אשפי"א in the vernacular, a spike, doubled beneath it; the grass catches there and he tears it off.

Or, if you wish, say: both are where it has spikes — this one where the grass is long and trailing, that one where it is not long and trailing.

שרבא - A long, wick-like strand: long grass is forbidden.

And nowadays, since we hold like Rabbi Shimon,^[7] all are permitted.

כר"ש - Who says that an unintended act is permitted.

And Rami bar Chama said in the name of Rav Assi: A man is forbidden to compel his wife to a matter of mitzvah, as it is said: And he who hastens with his feet sins.

לדבר מצוה - Marital relations. “With the feet” is a term for relations, as it is written (Shoftim 5): Between her feet he knelt, he fell, he lay.

And Rabbi Yehoshua ben Levi said: Whoever compels his wife to a matter of mitzvah will have children who are not worthy.

Rav Ika bar Chinena said: What is the verse? (Mishlei 19): Also, without knowledge the soul is not good.

גם בלא דעת - This is the first part of the verse of “he who hastens with his feet.”

נפש לא טוב - The children made without the woman’s consent, when her husband hastened with his feet, are not good.

So too it was taught in a beraisa: “Also, without knowledge the soul is not good” — this is one who compels his wife to a matter of mitzvah; “and he who hastens with his feet sins” — this is one who has relations and repeats.

הבועל ושונה - For he troubles her.

Is that so? But Rava said: One who wishes to make all his children males should have relations and repeat!

יבעול וישנה - For because of the first act the woman becomes aroused and clothed with desire, and when the second act comes she emits seed first; and where she emits seed first, she bears a male.

There is no contradiction: here, with her consent; here, without her consent.

לדעת - Of the woman.

Rabbi Shmuel bar Nachmani said in the name of Rabbi Yochanan: Any woman who solicits her husband to a matter of mitzvah will have children the like of whom were not found even in the generation of Moshe.

לדבר מצוה - Marital relations.

For regarding the generation of Moshe it is written (Devarim 1): Provide for yourselves wise men, and understanding, and known among your tribes,

and it is written: So I took the heads of your tribes, wise men, and known — but “understanding” he did not find.

נבונים - Discerning — understanding one thing from another.

Whereas regarding Leah it is written (Bereishis 30): And Leah went out to meet him, and said: You shall come to me, for I have surely hired you,

and it is written (Divrei HaYamim I 12): And of the children of Yissachar, men who had understanding of the times, to know what Yisrael ought to do; their heads were two hundred, and all their brethren were at their command.^[8]

יששכר - Leah solicited Yaakov to a matter of mitzvah: and she said, You shall come to me, for I have surely hired you, etc.

Is that so? But Rav Yitzchak bar Avdimi said: Chavah was cursed with ten curses,

as it is written (Bereishis 3): To the woman He said: I will greatly multiply — these are the two kinds of blood, one the blood of niddah and one the blood of virginity;

your pain — this is the pain of raising children;

and your conception — this is the pain of pregnancy;

צער עבור - Pregnant women are unwell.

in pain you shall bear children — as it sounds;

כמשמעו - The pain of childbirth.

and your desire shall be to your husband — this teaches that a woman longs for her husband when he sets out on a journey;

משתוקקת - Desires relations.

and he shall rule over you — this teaches that the woman solicits in the heart, while the man solicits with the mouth.

והוא ימשל בך - For he is master to say aloud the desire of his heart, while the woman desires in her heart and is ashamed to express it with her mouth.

Is this a good trait in women?!

When we said it, it is where she endears herself to him.

דמרצייא ארצויי קמיה - She shows him signs of affection.

These make only seven!

When Rav Dimi came,^[9] he said: She is wrapped like a mourner, banished from all people, and confined in a prison.

עטופה כאבל - She is ashamed to go out with her head uncovered.

מנודה לכל אדם - Further on it explains that she is forbidden to every man except her husband, while a man may marry many wives.

וחבושה בבית האסורים - All the glory of the king’s daughter is within.

What is “banished from all people”?

If you say it is because seclusion is forbidden to her,^[10] to him too seclusion is forbidden!

Rather, it is that she is forbidden to two men.

It was taught in a beraisa: She grows her hair like Lilis, sits and passes water like an animal, and serves as a pillow for her husband.

כלילית - A demon.

כבהמה - She kneels when she passes water, and that is the way of a mule.

כר לבעלה - For he is above during relations.

And the other one [Rav Dimi — why does he not count these]?

These are praise for her.

שבח הוא לה - She sits and passes water modestly, and lacks nothing by it. And serves as a pillow for her husband — she does not have so much exertion; his exertion is greater than hers.

For Rabbi Chiya said: What is meant by what is written (Iyov 35): He teaches us from the beasts of the earth, and makes us wise from the birds of the heavens?

מלפנו - Teaches us.

מבהמות ארץ - In which He placed wisdom to instruct us.

He teaches us from the beasts — this is the mule, which kneels and passes water;

and makes us wise from the birds of the heavens — this is the rooster, which first appeases and afterward mates.

שמפייס - It goes and spreads its wings, and that is appeasement — as is said further on, that it tells her it will buy her a garment. [Its wings] reach the ground.

Rabbi Yochanan said: Had the Torah not been given, we would have learned modesty from the cat, not stealing from the ant, chastity from the dove, and proper conduct from the rooster, which first appeases and afterward mates.

צניעות מחתול - For it does not relieve itself in front of people, and it covers its excrement.

וגזל מנמלה - As it is written (Mishlei 6): (she gathers) her bread in the summer — and one ant does not steal another’s food.

ועריות מיונה - For it mates only with its own partner.

And how does it appease her?

Rav Yehudah said in the name of Rav: This is what it says to her: I will buy you a garment that reaches down to your feet.

זיגא - A garment called in the vernacular קוט"ה (a coat).

Afterward it says to her: May that rooster’s comb fall off, if he has [the means] and does not buy for you.

לבתר הכי - After mating, when it shakes and bows its head to the ground before her.

אי אית ליה - With what to buy.

לא קשיא הא בלחים הא ביבשים - And if you ask: but above we forbade even a dry tree, for the Gemara asked “but twigs fall from it”! One may answer that with a tree, which is tall, there is more reason to decree, because the falling twigs are noticeable on it.

והאידנא דקי"ל כר"ש כולהו שרי - Rabbeinu Chananel^[11] explained that this permission refers only to grass, which is permitted in every case; but regarding a tree no permission at all can be shown there, even for a dry one, since there is more reason to decree, as the matter is noticeable.

Notes

1. 1. The previous amud discussed one who climbed a tree on Shabbos, which the Sages forbade lest he break off a branch, and asked whether he must come down. Here, staying in the tree is itself a forbidden use of it, so he must come down.
2. 2. Bal tigra is the prohibition against diminishing a mitzvah (Devarim 13:1), here by not placing the blood on the altar. Since he only sits passively, the mitzvah is “uprooted of itself” and he does no forbidden act.
3. 3. A tree whose trunk renews itself (gizo machlif) sends up new shoots from its stump. Even if it looks dry, it is alive and attached, so climbing it is forbidden.
4. 4. Mar’is ha’ayin: a permitted act that onlookers may take for a forbidden one. Someone seeing him climb a dry tree in the rainy season may think he climbed a living one.
5. 5. The Sages do not make a decree to safeguard another decree (gezeirah l’gezeirah). Using a moist tree is itself forbidden only by decree, so a dry tree is not forbidden on its account; but plucking fruit is a real melachah, so it is guarded against.
6. 6. Uprooting an attached plant on Shabbos is a form of the melachah of reaping. Walking on grass may tear some of it out; dry grass, however, is regarded as already detached.
7. 7. Rabbi Shimon holds that an act done for a permitted purpose is allowed even though a forbidden melachah may result, so long as the result is not certain (davar she’eino miskaven). Walking does not certainly tear the grass, so it is permitted.
8. 8. Yissachar was born from the night Leah “hired” Yaakov (Bereishis 30:16–18). His tribe was blessed with understanding (binah) — the very quality Moshe could not find in his generation.
9. 9. Rav Dimi was one of the Sages who carried the teachings of Eretz Yisrael to Bavel; “when Rav Dimi came” introduces such a report.
10. 10. Yichud: the prohibition against a man and a woman not married to each other being secluded together.
11. 11. Rabbeinu Chananel of Kairouan (c. 990–1055) wrote one of the earliest commentaries on the Talmud, often quoted by Tosfos.