Sukkah, Daf Gimmel, Part 5
Introduction
Today’s Talmud analyzes the reasons for the baraita which exempted a house smaller than four cubits squared from a series of halakhot. We learned this baraita yesterday.
אמר מר: פטור מן המזוזה ומן המעקה ואין מטמא בנגעים ואינו נחלט בבתי ערי חומה ואין חוזרין עליו מעורכי המלחמה. מאי טעמא? דבית כתיב בהו בכולהו.
The Master said: [A house smaller than four cubits square] is exempt from the obligations of mezuzah and parapet, does not contract uncleanliness from scale disease, and is not irredeemable among the dwelling houses of a walled city, nor does one return on its account from preparing for war.
What is the reason? Because the term house occurs in all [these commandments].
The Talmud explains that for something to be called a "house" it must be 4 cubits by four cubits. Since the Torah uses the word "house" in reference to all of these matters, anything that is not a "house" is exempt.
ואין מערבין בו ואין משתתפין בו ואין מניחין בו עירוב. מאי טעמא – דלא חזי לדירה.
Nor does it need to participate in an eruv or a shittuf, nor does one place an eruv in it. What is the reason? Since it is unsuitable as a dwelling.
If there is a house smaller than four by four that is attached to a courtyard or alley, the dweller therein need not participate in the eruv or shituf (see yesterday for explanation) nor can the eruv (the joint meal) be placed therein. The reason is that such a small house is not fit for dwelling in, certainly not for longer than the holiday of Sukkot.
עירובי חצירות אין מניחין בו, אבל שיתוף – מניחין בו. מאי טעמא? דלא גרע מחצר שבמבוי
Now the eruv of courtyards may not be placed in it, but a shittuf may be placed in it.
What is the reason? Since it is no worse than a courtyard within an alleyway,
The baraita had stated that the eruv for a courtyard could not be placed in such a small house. The Talmud deduces from here that a "shittuf" the shared meal that allows one to carry from the courtyard to the alleyway may be placed in this small house. The reason is that this is no worse than placing a shittuf in a courtyard (and not in a house), as we can learn from the following mishnah.
דתנן: עירובי חצירות – בחצר, שיתופי מבוי – במבוי. והוינן בה: עירובי חצירות בחצר? והתנן: הנותן עירובו בבית שער אכסדרה ומרפסת – אינו עירוב, והדר שם אינו אוסר!
As we have learned, The eruv of courtyards [are placed] in a courtyard, and the shittuf of an alley in the alley.’ And we asked, [How can it be said that], The eruvs of courtyards [are placed] in a courtyard ? Have we not in fact learned, If one placed his eruv in a gatehouse or in an portico, or on a porch, it is not a valid eruv, and one who dwells it does not prohibit?
The mishnah (Eruvin 8:4) teaches that the eruv (shared meal) is placed in the courtyard and the shittuf (shared meal) is placed in an alleyway. However, it is clear that the eruv is not placed in the open air part of the courtyard. The eruv must be placed inside a house. It cannot even be placed in a courtyard, or portico or a porch. These places don’t count as part of the courtyard, and if one who lives there does not participate in the cost of the shared meal he does not cause it to be prohibited for others to carry in the courtyard (if this were a regular house, he would).
אלא אימא: עירובי חצרות בבית שבחצר, ושיתופי מבואות בחצר שבמבוי. והאי לא גרע מחצר שבמבוי.
Rather say: eruvs 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.
The Talmud resolves that normally an eruv is placed in a house that is part of the courtyard, and a shittuf is placed in the courtyard that is off the alleyway. The shittuf need not be in a proper house just as it can be in the courtyard itself, so too it can be in a house smaller than 4 x 4 cubits. That is why the baraita said only that one cannot place an eruv in a small house; it did not say that one cannot place a shittuf in such a house.