13th CYCLE DEDICATIONS:

ERUVIN 66 (4 Sivan) - Dedicated by Rabbi Kornfeld's father, Mr. David Kornfeld, in memory of the members of his family who perished at the hands of the Nazi murderers in the Holocaust, Hashem Yikom Damam: His mother (Mirel bas Yakov Mordechai), brothers (Shraga Feivel, Aryeh Leib and Yisachar Dov sons of Mordechai), grandfather (Reb Yakov Mordechai ben Reb David Shpira) and aunt (Charne bas Yakov Mordechai, the wife of Reb Moshe Aryeh Cohen zt'l). Their Yahrzeit is observed on 4 Sivan.

1)

RENTING FROM A NOCHRI (cont.)

(a)

Question (Chachamim of Neharda'a): R. Yochanan does not permit renting on Shabbos!

1.

(R. Yochanan): Renting is like making an Eruv.

2.

Suggestion: Just like one must be Me'arev before Shabbos, one must rent before Shabbos!

(b)

Answer: No. Rather, just like an Eruv need not be worth a Perutah, also rental can be less than a Perutah;

1.

Also, just like a Sachir or Lakit may contribute towards the Eruv [in place of the Ba'al ha'Bayis], he may also rent on behalf of his Ba'al ha'Bayis;

2.

Also, just like if five people in a Chatzer made an Eruv, one of them may move the Eruv [to another Chatzer to join with it] on behalf of all of them, so too one Yisrael may rent from the Nochri on behalf of all the Yisraelim in the Chatzer.

(c)

R. Elazar found this difficult [that they may rent from the Nochri on Shabbos and then be Mevatel Reshus].

(d)

R. Zeira: Why does R. Elazar find this difficult?

(e)

Rav Sheshes: A Chacham like R. Zeira should know this. It is unlike R. Elazar's Rebbi, Shmuel!

1.

(Shmuel): Whenever [Yisraelim] forbid each other and they can make an Eruv [to permit], they can be Mevatel [Reshus to one of themselves. Shmuel's entire teaching will be explained];

2.

Whenever they can make an Eruv but do not forbid each other, or forbid each other but cannot make an Eruv, they cannot be Mevatel.

3.

Explanation: Whenever they forbid each other and they can make an Eruv, they can be Mevatel. This refers to an inner and an outer Chatzer. (The inner Chatzer forbids the outer. if they make an Eruv together, they are permitted);

4.

Whenever they can make an Eruv but do not forbid each other, they cannot be Mevatel. This refers to two Chatzeros (each has its own opening to Reshus ha'Rabim or a Mavoy) that open [also] to each other.

5.

Suggestion: The case when they forbid each other but cannot make an Eruv is when there is a Nochri.

i.

If the Nochri was there before Shabbos, they should have rented from him then!

66b----------------------------------------66b

6.

Conclusion: The case is, the Nochri returned on Shabbos, and Shmuel taught that they forbid each other, they cannot make an Eruv, and they cannot be Mevatel!

(f)

Rav Yosef: I never heard this teaching.

(g)

Abaye: You taught it to us regarding the following teaching of Shmuel!

1.

(Shmuel): One Chatzer cannot be Mevatel Reshus to another. Bitul does not apply to a Churvah (a ruin in between two houses and open to them).

2.

(Rav Yosef): This refers to two Chatzeros (each with its own opening) that open [also] to each other. If there is an inner Chatzer and an outer Chatzer, since the inner forbids the outer, they can be Mevatel!

(h)

Rav Yosef: How could I say that in the name of Shmuel? Shmuel taught that regarding Eruvin we may not permit more than the words of the Mishnah imply!

1.

(Mishnah (69b)): If one of the people in a Chatzer [forgot to give towards the Eruv...] -- Bitul applies to one Chatzer, but not to two!

(i)

Abaye: You taught to us that Shmuel's teaching (regarding Eruvin we may not permit more than the words of the Mishnah) applies to the following!

1.

(Mishnah): [The relation of] a Mavoy to Chatzeros is like a Chatzer to houses. (One may not carry to the more public Reshus without an Eruv. A Mavoy is permitted through a Lechi or Korah only if at least two Chatzeros open to it, and two houses open to each Chatzer.)

2)

WHERE DOES BITUL WORK?

(a)

(Shmuel): One Chatzer cannot be Mevatel Reshus to another. Bitul does not apply to a Churvah;

(b)

(R. Yochanan): One Chatzer can be Mevatel Reshus to another. Bitul applies to a Churvah.

(c)

We must teach the argument in both cases;

1.

Had we taught only about Chatzeros, one might have thought that Shmuel says that Bitul does not help because each Chatzer is used only by itself [for its residents]. Both houses use a Churvah, so perhaps he would agree that Bitul helps;

2.

Had we taught only about a Churvah, one might have thought that R. Yochanan says that Bitul helps because both houses use it, but Bitul would not help for Chatzeros.

(d)

(Abaye): Shmuel taught that one Chatzer cannot be Mevatel Reshus to another. This refers to two Chatzeros that open to each other, but if there is an inner Chatzer and an outer Chatzer, since the inner forbids the outer, they can be Mevatel!

(e)

(Rava): Even two Chatzeros one inside the other cannot always be Mevatel:

1.

If the Eruv was placed in the outer Chatzer, and someone forgot to be Me'arev, whether he is in the inner or outer Chatzer, both Chatzeros are forbidden. (We will explain why Bitul will not help);

2.

If the Eruv was placed in the inner Chatzer, and an inner person forgot to be Me'arev, both Chatzeros are forbidden;

i.

If an outer person forgot, the inner Chatzer is permitted, and the outer Chatzer is forbidden.

3.

Explanation: If the Eruv was in the outer Chatzer, if anyone forgot to be Me'arev, both are forbidden:

i.

If an inner person forgot, he cannot be Mevatel to the inner Chatzer, for the Eruv is not there. (If the inner Chatzer would withdraw from the outer Chatzer, they would have no Eruv and would forbid each other. They may not carry their Eruv to their Chatzer. Tosfos - the rest of his Chatzer could Mevatel to him to allow him to carry. Rava teaches that there is no way to permit those who did not forget);

ii.

He cannot be Mevatel [also] to the outer Chatzer, for Bitul does not work from one Chatzer to another.

iii.

If an outer person forgot, Bitul to the outer Chatzer will not help, for [Drisas ha'Regel of] the inner Chatzer forbids them. He cannot be Mevatel [also] to the inner Chatzer, for Bitul does not work from one Chatzer to another.

4.

If the Eruv was in the inner Chatzer, and an inner person forgot, both Chatzeros are forbidden. Bitul to the inner Chatzer will not help, for the outer Chatzer forbids them. (Since they are Me'arev together, they often enter the inner Chatzer.) He cannot be Mevatel to the outer Chatzer [for this is from one Chatzer to another].

i.

If an outer person forgot, the inner Chatzer is permitted. They can close the door (the opening to the outer Chatzer) and carry among themselves. (They can say 'we agreed to be Me'arev together for our benefit, but not to become forbidden. This is not considered Bitul from one Chatzer to another, for the outer Chatzer does not intrinsically have Drisas ha'Regel in the inner, only due to the Eruv);

ii.

The outer Chatzer is forbidden. (Their Eruv is inaccessible to them.)

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