1)

AN ERUV IN A GRAVE

(a)

Question (Beraisa - R. Yehudah): One may be Me'arev for a Tahor Kohen with Tahor Terumah in a grave.

1.

Granted, a Kohen can go there in a coach or box. However, once the Terumah was put on the grave, it became Tamei! (No one may eat it.)

(b)

Answer: The case is, it [is produce that] was never Huchshar, or [bread that] was kneaded with fruit juice [not among the seven liquids that are Machshir].

(c)

Question: How can the Kohen take the Terumah? (He may not put his hand over a Mes. If a normal Kli passes over a Mes, it becomes an Av ha'Tum'ah, and it would be Metamei him!)

(d)

Answer: He takes it using a wooden Kli without a receptacle. (It is not Mekabel Tum'ah.)

(e)

Question: The Kli towers over a Mes! (It is Metamei the one holding it if a square Tefach of the Kli towers over a Mes, or [mid'Rabanan] even if it is a pole of circumference at least a Tefach.]

(f)

Answer: He holds the Kli on its edge. (Less than a square Tefach towers over the grave.)

(g)

Question: If so, why do Chachamim forbid? (We understand that they forbid not only in a cemetery, rather, even in a single grave, even though he can get close to it.)

(h)

Answer: They forbid acquiring Shevisah with Isurei Hana'ah. (One may not benefit from a grave.)

(i)

Question: Does R. Yehudah permit this?!

(j)

Answer: He holds that Mitzvos Lav Leihanos Nitnu (fulfilling Mitzvos is not considered benefit regarding Isurei Hana'ah).

(k)

Question: Rava taught that Mitzvos Lav Leihanos Nitnu. Do the Tana'im argue about this?!

(l)

Answer (for Rava): No, all agree that Lav Leihanos Nitnu. R. Yehudah holds that we are Me'arev only for a Mitzvah. Chachamim permit to be Me'arev even for Reshus (an optional matter).

(m)

Question Rav Yosef taught that we are Me'arev only for a Mitzvah. Do Tana'im argue about this?

(n)

Answer (for Rav Yosef): No. All agree that we Me'arev only for a Mitzvah, and that Mitzvos Lav Leihanos Nitnu;

1.

R. Yehudah holds that once he acquired Shevisah, he does not need the food. (Even though the grave guards the Eruv, this does not benefit him);

2.

Chachamim hold that he wants the food to be guarded, in case he will want to eat it. (He benefits from the grave.)

2)

WHICH FOODS MAY ONE USE FOR AN ERUV?

(a)

(Mishnah): One may be Me'arev with Demai (doubtfully tithed produce), Ma'aser Rishon from which Terumah was taken, or Ma'aser Sheni or Hekdesh that was redeemed;

1.

Kohanim may be Me'arev with Chalah [or Terumah];

(b)

One may not be Me'arev with Tevel, Ma'aser Rishon from which Terumah was not taken, or Ma'aser Sheni or Hekdesh that was not redeemed.

(c)

(Gemara) Question: [Our Mishnah permits Chalah only to a Kohen. It is like Sumchus, who requires that the food is permitted to the Me'arev, yet it allows Demai.] It is forbidden [for most people] to eat Demai!

(d)

Answer: If one would make all his possessions Hefker, he would be poor and hence permitted to eat Demai. Therefore, one may be Me'arev with it;

1.

(Mishnah): We may feed Demai to an Oni or to soldiers [Yisraelim, whom the city must feed].

31b----------------------------------------31b

2.

(Rav Huna - Beraisa - Beis Shamai): We may not feed Demai to an Oni or to soldiers;

3.

Beis Hillel permit.

(e)

(Mishnah): [One may be Me'arev with] Ma'aser Rishon from which Terumah was taken...

(f)

Question: This is obvious!

(g)

Answer: The case is, a Levi received Ma'aser Rishon from sheaves and separated Terumas Ma'aser from it, but Terumah Gedolah was not taken;

1.

(R. Avahu): If a Levi received Ma'aser Rishon from sheaves, it is exempt from Terumah Gedolah. "Va'Haremosem Mimenu Terumas Hash-m Ma'aser Min ha'Ma'aser" - a Levi must separate [only Terumas] Ma'aser Min ha'Ma'aser, but not Terumah Gedolah and Terumas Ma'aser.

2.

Question (Rav Papa): If so, the verse should exempt even if he received Ma'aser Rishon from a Kri (pile of grain)!

3.

Answer (Abaye): In this case we apply "mi'Kol Maseroseichem Tarimu."

4.

Question: (The verses do not specify what to include and what to exclude.) Perhaps we should exempt Ma'aser from a Kri, and obligate Ma'aser from sheaves!

5.

Answer: We obligate Ma'aser from a Kri because it is considered Degen (grain, from which Terumah must be given. Sheaves are not called Degen.)

(h)

(Mishnah): [One may be Me'arev with] Ma'aser Sheni or Hekdesh that was redeemed.

(i)

Question: This is obvious!

(j)

Answer: The case is, the principal was given, but he did not add a Chomesh;

1.

The Mishnah teaches that the redemption is valid even without the Chomesh.

(k)

(Mishnah): One may not be Me'arev with Tevel.

(l)

Question: This is obvious!

(m)

Answer: The Mishnah forbids even Tevel mid'Rabanan, e.g. it grew in a flowerpot without a hole. (It does not nurture from the ground.)

(n)

(Mishnah): [One may not be Me'arev with] Ma'aser Rishon from which Terumah was not taken.

(o)

Question: This is obvious! (It is like Tevel.)

(p)

Answer: The case is, a Levi received Ma'aser Rishon from a Kri. (Terumas Ma'aser was taken but Terumah Gedolah was not taken);

1.

One might have thought [that it is exempt from Terumah Gedolah] like the assumption of Rav Papa's question. The Mishnah teaches that this is not so, like Abaye's answer.

(q)

(Mishnah): [One may not be Me'arev with] Ma'aser Sheni or Hekdesh that was not redeemed.

(r)

Question: This is obvious!

(s)

Answer: The case is, they were redeemed, but improperly;

1.

Ma'aser Sheni was redeemed on an Asimon (a blank coin). The Torah requires "v'Tzarta ha'Kesef b'Yadecha", a [minted] coin with a Tzurah (form).

2.

Hekdesh was redeemed onto land, and not onto money;

i.

It says that one will give money, "v'Kam Lo." (Only then the Hekdesh will be redeemed, and become his.)

3)

SENDING AN ERUV WITH A SHALI'ACH

(a)

(Mishnah): If Reuven sent an Eruv with any of the following, it is invalid: a child, lunatic, deaf person or with one who does not acknowledge [the enactment of] Eruvin;

(b)

If he told Shimon [a healthy adult] to receive the Eruv from him [and be Me'arev, i.e. place it for an Eruv], it is valid.

(c)

(Gemara) Question: Rav Huna allows a child to collect the Eruv!

(d)

Answer: He permits this for Eruv Chatzeros. Our Mishnah forbids this for Eruv Techumim. (Rashi - a child lacks 'power' to acquire Shevisah. Tosfos - we are more stringent about Eruv Techumim, because a verse (an Asmachta) supports it.)

(e)

(Mishnah): ...Or with one who does not acknowledge Eruvin.

(f)

Question: To whom does this refer?

(g)

Answer (Rav Chisda): It refers to Kusim (Nochrim whom Sancheriv settled in place of the 10 exiled Shevatim. They later converted, but did not follow Divrei Chachamim.)

(h)

(Mishnah): If he told Shimon to receive the Eruv from him, it is valid.

(i)

Question: We should be concerned lest the [first] Shali'ach did not bring it to Shimon!

(j)

Answer: Rav Chisda answered [elsewhere] that we discuss when Reuven sees [the carrier bring it to Shimon]. The same answer applies here.

(k)

Question: We should be concerned lest Shimon was not Me'arev!

(l)

Answer: Rav Yechi'el answered [elsewhere] that there is a Chazakah (established nature of people) that a [proper] Shali'ach fulfils his mission. This applies also here.

(m)

Question: To what questions did Rav Chisda and Rav Yechi'el give these answers?

(n)

Answer (Beraisa): If Reuven put an Eruv on a monkey or elephant and it took it, the Eruv is invalid;

1.

If he told Shimon to receive the Eruv from it, it is valid.

2.

Question: We should be concerned lest the animal did not bring it!

3.

Answer (Rav Chisda): The case is, Reuven sees the animal bring it to him.

4.

Question: We should be concerned lest Shimon was not Me'arev!

5.

Answer (Rav Yechi'el): There is a Chazakah that a Shali'ach fulfils his mission.

OTHER D.A.F. RESOURCES
ON THIS DAF