Ben Berlin asked:


I have another Eiruvin question

Several places in the 6th chapter it talks about this, but one good example is the Mishna on 69B

What is the difference between BITUL of rights and being NOSEN rights?

Thank you

Ben Berlin Norwalk, CT

The Kollel replies:

Dear Ben:

It seems that the difference between BITUL of rights and NOSEN rights lies merely in the words that one uses. The GEMARA below 71a states that according to Beis Hillel, who the Halachah follows, BITUL of rights is ISTALUKI RESHUSA i.e. merely removing one's rights in the property and is therefore permitted on Shabbos because this is not considered a transaction. The Beraisa states (69b) that one says either "my rights are transferred to you ("Kinyan") or my rights are MEVUTELES to you". SHULCHAN ARUKH OC 380:1 states that both of these options are permitted on Shabbos which proves that even if one uses the word "Kinyan"( or Nosen -giving) this is not a genuine transaction which would be forbidden on Shabbos but in fact both BITUL and NOSEN are merely SILUK- removing oneself.

Possibly one could suggest that the reason the Gemara use both the terms NOSEN and BITUL is in order to point out that these are both valid only from a Yisroel ,but not from a Nochri- from the latter it is essential specifically to hire his rights. (This is implied by Rashi CHULLIN 6a DH LE-VATEL that even if the Nochri gave his rights as a present, i.e. NOSEN which is stronger than BITUL, this is still insufficient until one hires ("Sechirus") his rights.