Shalom,
1) when 5 people live in a chatzer and one is mavatel to one (specifically) of the other shutafim and that receiver of the bitul is in turn mevatel that new reshut to the other shutafim, does that area become mutar?
2) in a case when one is mevatel to all of the other shutafim how does bitul work ? there was no eruv done on that area! is it because it becomes the rushut of the the 5 and it doesnt matter that there was eruv become it is as both areas belong to one person (because the eruv made the 5 people like one) and there is no issur for one person to go between 2 of his chatzerot?
Simcha
1) The Gemara below 70a states that the one of the 5 that is mevatel must be mevatel to each of the other 4. The Magid Mishneh on the Rambam Hilchot Eruvin 2:2 writes that if he does not mevatel to all of them this means that what he did is worthless. So the single "receiver" of the bitul has not really received anything and it follows that he cannot pass on anything to the other shutafim.
2) The Mishneh Berurah 380:3 cites the Tosfos Shabbos that the bitul works because it is "Siluk Reshus"; he is removing himself from his power over his part of the chatzer so that he should not make it forbidden for the other neighbors to carry there. It seems that this means that it is no longer the reshut of the 5, but rather it is now the reshut of the 4, because the 5th member has removed himself from the picture. The eruv that the first 4 did now works for the whole chatzer because after the bitul of the 5th member, it transpires that we consider that there are only 4 people in the chatzer.
KOL TUV
Dovid Bloom
in regards to Q#2, at the end of the day, there was eruv done on 20% of the chatzer that belongs to those 4 people.
It seems that when the first 4 made their eruv it worked for their part (because the eruv has effect on 100% not 80%) but the eruv could not spread to the domain of the 5th because the fact that no. 5 did not do an eruv means that he blocks the other 4. It follows that when he is mevatel to them his part, it is similar to opening the gates of his yard so that the "water" of the eruv can flow into his part as well and now the last 20% is also filled by an eruv.
Shana Tova
Dovid Bloom
M. Porgesz asks:
Thanks a lot.
According to the Tosfos Shaboss (Point 2 of your reply) why then do we need that he should be mevatel to all? Since he ‚removed his power' this should be enough as he is no longer ‚oser' on the other 5 as he did ‚siluk reshus'
Thank for the insights and all that you did during this year and a Kesivah v'Chasimah Tovah
M. Porgesz
Moishy, thank you for your very kind comments.
If he does not mevatel to all of them this would mean that he has not removed his power from all of them. Therefore he is still preventing some of them carrying so it follows that not all of the neghbors are joined together. This is the opposite of an eruv, because an eruv means that everyone is together. [see Sha'ar HaTziyun 380:5]
Kesivah vaChasimah Tovah
Dovid Bloom