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Sholom ubrocha! I'm trying to understand why we say that Rav Hunas position that the bnei mavoi are meakev is davka according to R' Shimon ben Elazar. Since Rav Huna gives a reason, marbeh aleihem haderech, it would seem to fit also to Rebbi's opinion in the machloikes Tannoim.
In other words, Rav Huna would seemingly say: let the Tannoim decide who has the right to use the mavoi (all or only pnimim), I'm not getting involved with that, I'm only saying that whoever you rule can use the mavoi has the right to be meakev those who would be marbeh his derech.
Why davka we consider that he holds like R' S. ben Elazar?
Thanks
Yankev Bock
Lod, Israel
Take a second look at Rashi D"H Mishtamshes B'Atzmh. The way Rav Huna phrased his Din it indicates that all of the partners in the Mavoi have a say in the use of the entire Mavoi. The Baraisah of 5 courtyards implies that only the partners that have a need (and therefore a right) to pass through a portion of the Mavoi have the right to dictate its use.
The Machlokes Tanaim is not between Rabi and Rabi Shimon Ben Elazar- it is between the first Baraisah of 5 Chatzeiros (that we asked from it on Rav Huna) that states that the rights in the Mavoi are selective and the Baraisah of 5 Chatzeiros according to Rabi Shimon Ben Elazar that states that all of the partners in the Mavoi have equal rights of usage in the entire Mavoi, which supports Rav Huna.
Shimon Brodie