[81a - 43 lines; 81b - 44 lines]
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We recommend using the textual changes suggested by the Bach and the marginal notes of the Vilna Shas. This section is devoted to any other important corrections that Acharonim have pointed out in the Gemara, Rashi and Tosfos.
[1] Gemara 81a [line 39]:
The words "Areivasah k'Areivas Se'orim" עריבתה כעריבת שעורים
should be "Arichasah k'Arichas Se'orim" עריכתה כעריכת שעורים (Dikdukei Sofrim #40, Ya'avetz)
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1)[line 3]לאפוקי מדרבי יהושעLA'AFUKEI MID'REBBI YEHOSHUA- That is, in order to show that the Tana Kama argues with Rebbi Yehoshua on two counts. Not only does he allow using a piece, rather than a loaf, of bread for the Eruv, but he even allows using wine or fruit for an Eruv. Although the Mishnah on 26b already tells us that one may use anything but water and salt for an Eruv Techumin, we still need to be told that the same holds true for an Eruv Chatzeros. This is because the reason why Rebbi Yehoshua requires a whole loaf of bread for an Eruv Chatzeros is because of Eivah, as the Gemara goes on to explain, which does not apply to an Eruv Techumin.
2)[line 8]וקתני בכלVEKA'TANI BA'KOL- Abaye is saying that the Beraisa must be understood as follows: "With all types of bread one may make an Eruv Chatzeros, and with all types of one may make a Shituf Mevo'os, etc." Similarly, we can understand our Mishnah to be referring to all types of bread when it uses the word "Ba'kol," and therefore there is no rejection of Rebbi Yehoshua's opinion evident from our Mishnah.
3)[line 12]משום איבהMISHUM EIVAH- in order to prevent strife. (We are worried that one who contributes a whole loaf to the Eruv will be affronted if someone else only contributes a piece.)
4)[line 16]כדי חלתהKEDEI CHALASAH
(a)Whenever a person kneads a dough made from one of the five species of grain (wheat, barley, oats, rye or spelt), he must separate a small portion to be given to the Kohen (Bamidbar 15:17-21). This portion is called Chalah.
(b)A baker must separate 1/48 of his dough as Chalah, while a homeowner baking for him/herself must separate 1/24.
(c)Rebbi Yochanan ben Shaul is discussing one who removed a small part of the loaf he contributed to an Eruv Techumin as Chalah.
5)[line 16]וכדי דימועהKEDEI DIMU'AH (MEDUMA)
(a)Terumah which is accidentally mixed with non-Terumah in such a manner that it is impossible to differentiate between them is nullified only when the proportion of Terumah to Chulin is at least 1:100 (mid'Rabanan). When Terumah is Batel in such a manner, the produce may be eaten by a non-Kohen only after the equivalent of the amount of Terumah that fell is first be removed and given to a Kohen.
(b)If the proportion of Terumah to the Chulin into which it fell is greater than 1:100, the mixture is known as Meduma or Dimu'a (lit. mixed), and non-Kohanim are forbidden to eat it. (According to Tosfos in Chulin 99a DH Ein, this law applies only when the Terumah is the same type of food as the Chulin; otherwise Terumah is Batel just like any other Isur.)
(c)Rebbi Yochanan ben Shaul refers to one who donated a loaf of bread to an Eruv Techumin from a mixture of Terumah and Chulin which had less than the required 1:100 ratio. He removed a small percentage of the loaf equivalent to the percentage of Terumah to Chulin in order to render it permissible to eat.
6)[line 19]נחתוםNACHTOM- a baker
7)[line 24]תפרה בקיסםTAFRAH B'KISAM- [if] he attached [two halves of a loaf of bread] with a splinter of wood [in such a way that it appears to be whole]
8)[line 26]דידיע תיפרהYEDI'A TIFRAH- the "seam" is noticeable (i.e. it is evident that this "loaf" is really two separate halves)
9a)[line 28]אורזOREZ- (a) millet (RASHI Berachos 37a); (b) rice (TOSFOS ibid)
b)[line 28]דוחןDOCHAN- (a) panic grass, a type of millet (RASHI ibid.); (b) millet (TOSFOS ibid)
c)[line 31]עדשיםADASHIM- lentils
10)[line 30]ובפת דוחן אין מערביןB'FAS DOCHAN EIN ME'ARVIN- that is, because Dochan is not normally eaten (RABEINU YEHONASAN)
11)[line 34]"ואתה קח לך חטין ושעורים ופול ועדשים ודוחן וכוסמים [ונתתה אותם בכלי אחד ועשית אותם לך ללחם מספר הימים אשר אתה שוכב על צדך שלש מאות ותשעים יום תאכלו... ועוגת שעורים תאכלנה] והיא בגללי צאת האדם תעגנה לעיניהם""V'ATAH KACH LECHA CHITIN U'SE'ORIN, U'FOL VA'ADASHIM, V'DOCHAN V'CHUSMIN, [V'NASATAH OSAM BI'CHELI ECHAD V'ASISA OSAM LECHA L'LACHEM. MISPAR HA'YAMIM ASHER ATAH SHOCHEV AL TZIDCHA, SHELOSH ME'OS V'TISH'IM YOM TOCHLENU... V'UGAS SE'ORIM TOCHLENAH,] V'HI B'GALELEI TZO'AS HA'ADAM TE'UGENAH L'EINEIHEM" - "And as for you, take for yourself wheat and barley, beans and lentils, millet and spelt. [Place them all in one vessel. Make them into bread for yourself. For the number of days that you will lie on your side, three hundred and ninety days, shall you eat it... You shall eat it as a barley-cake,] and you shall bake it with pieces of human excrement before their eyes" (Yechezkel 4:9, 12) (YECHEZKEL DEMONSTRATES THE YEARS THAT YISRAEL AND YEHUDAH SINNED)
(a)HaSh-m instructed Yechezkel the prophet to graphically display the suffering that those who remain after the future siege and destruction of Yerushalayim will undergo. Yechezkel was to carve out a picture of Yerushalayim in a state of siege (including battering-rams and ramps leading up to the walls) on a brick, and after placing a pan between himself and the brick, he was to pretend that he, too, was attacking the city from the outside. All this he was do in front of the people, to convey to them the message that not only would the enemy lay siege to Yerushalayim, but that, due to their sins, HaSh-m would join in the battle against the city.
(b)HaSh-m then ordered him to lie on his left side for 390 days (corresponding to the number of years that Yisrael sinned from the time they entered the land until the exile of the Ten Tribes (see Rashi). Following that, he was to lie for another 40 days on his right side, corresponding to the remaining 40 years that Yehudah remained in the land until their exile. On no account was he permitted to switch sides for the duration of the two periods. The awful suffering that he would endure would atone for the sins of the Ten Tribes and of Yehudah, and ensure their survival.
(c)These verses describe an additional element of Yechezkel's suffering: he was permitted to eat only 20 Shekel's weight of the prepared food and to drink two Lugin of water, both of which had to be carefully measured, every 24 hours. Incidentally, the food consisted mainly of barley, animal food, and was a sign that during the siege, that is what the people would be forced to eat. Moreover, having to prepare the food on fuel consisting of (dried) human excrement was a sign that, once they were in Galus, they would not be in a position to prepare their food in the clean and hygienic manner to which they were accustomed.
(d)The verse goes on to describe how the prophet pleaded with HaSh-m to rescind the last condition, after pointing out the various Halachic stringencies to which he adhered.
12)[line 38]מאי ועוגת שעורים תאכלנהMAI V'UGAS SE'ORIM TOCHALENAH- since the bread was composed of many grains, why is it referred to as "barley bread?"
13)[line 39]לשיעוריםL'SHI'URIM- [to be eaten] in small amounts [at a time] (this is a play on the word "Se'orim")
14)[line 39](עריבתה כעריבת) [עריכתה כעריכת] שעורים(AREIVASAH K'AREIVAS) [ARICHASAH K'ARICHAS] SE'ORIM- its shape and design shall be like that of a loaf made from barley flour (crude and uneven, unlike neatly formed loaves of wheat bread)
15)[line 50]לחנוני ולנחתוםL'CHENVANI UL'NACHTOM- to a vintner (maker and seller of wine) or baker who lives in the Chatzer
16)[line 51]כדי שיזכה לו עירובKEDEI SHE'YIZAKEH LO ERUV- so that when the residents of the Chatzer come to take wine or bread from this merchant, part of the wine or bread will belong to him (since he intends to acquire it with the coin he gave the merchant)
17)[last line]לא זכו לו מעותיוLO ZACHU LO ME'OSAV- The Chachamim are of the opinion that a transferal of money does not alone suffice to acquire movable objects. Therefore the one who paid for his part of the Eruv has no part in the Eruv even if the merchant transferred ownership of a part of the food to everyone in the Chatzer without their knowledge, since this individual specified that he wanted to acquire his part through a monetary transaction — and that transaction is worthless.
81b----------------------------------------81b
18)[line 5]שזכין לאדם שלא בפניו ואין חבין לאדם שלא בפניוZACHIN L'ADAM SHE'LO B'FANAV V'EIN CHAVIN L'ADAM SHE'LO B'FANAV
(a)When a person buys or sells an object, or marries or divorces a woman, he must make a Ma'aseh Kinyan (a formal Halachically-binding act effecting the change in status). This act may also be performed by a Shali'ach (agent) of the person making the Kinyan in place of the person himself.
(b)When the acquisition of a certain object is unquestionably beneficial for a person, even though he has not appointed a Shali'ach to do so, someone else may acquire it for the person as if he were his Shali'ach. This act is called Zachin l'Adam she'Lo b'Fanav. The Rishonim argue as to why "Zachin" works. Some state that there is an "Anan Sahadei" (lit. "we are witnesses" — i.e., it is as clear to us as if he himself has told us) that the person would have made him a Shali'ach in this case (RASHI Gitin 9b DH Yachzor, TOSFOS Kesuvos 11a DH Matbilin). Other Rishonim claim that "Zachin" does not work through a vehicle of Shelichus at all, as is evident from the fact that it works for minors who cannot Halachically appoint Shelichim. Rather, the Torah created the law called "Zachin" in order to allow one person to acquire an object for another person in such cases (RAN Kidushin 42a — this may be an argument among the Tana'im in Bava Basra 156b).
(c)The Rishonim write that if the recipient expresses (afterwards, when he finds out about the Zechiyah) that he does not wish to accept the object, retroactively he never obtained ownership. (There are rare instances in which the Rishonim suggest that "Zachin" would work even if the recipient refuses the acquisition when he hears about it — see RASHBA Kidushin 23b.)
19)[line 8]ד' פרקים בשנהARBA'AH PERAKIM B'SHANAH- on four days of the year (Erev Pesach, Erev Shavuos, Erev Rosh Hashanah, and Erev Shemini Atzeres; according to Rebbi Yosi ha'Glili, Erev Yom Kippur in the Galil is included among these days as well)
20)[line 9]משחיטין את הטבח בעל כרחוMASHCHITIN ES HA'TABACH B'AL KORCHO- if someone has purchased meat from an animal that is meant to be slaughtered, even if it is no more than one Dinar's worth, the butcher must slaughter the animal even if he has not found buyers for the rest of the animal (Rashi Chulin 83a)
21)[line 17]בד' פרקים אלו דזכות הוא לוB'ARBA'H PERAKIM ELU, D'ZECHUS HU LO- that is, on these four days it is of certain benefit to the buyer for the sale to be final, since he requires the meat for Yom Tov and he does not want the seller to be able to renege on the deal if someone else comes up with a better offer
22)[line 22]דבר תורה מעות קונותDVAR TORAH MA'OS KONOS
(a)When a person buys or sells an object, he must make a Ma'aseh Kinyan (a formal Halachically-binding act effecting the change in status). The forms of Ma'aseh Kinyan for Metaltelin (movable goods) mid'Rabanan are:
1.Hagbahah - lifting an item;
2.Meshichah - (lit. pulling), causing an item to move;
3.Chatzer, - bringing the item into his domain;
4.Chalipin - barter;
5.Mesirah, - handing over the reins of an animal or the tie-lines of a boat.
(b)There is only one way to acquire Metaltelin according to Torah law. Rebbi Yochanan and Reish Lakish argue as to whether this Kinyan is Ma'os (paying money) or Meshichah (lit. pulling, i.e. causing an object to move). Reish Lakish rules that Meshichah consummates a purchase mid'Oraisa. Rebbi Yochanan rules that mid'Oraisa Ma'os Konos. However, the Chachamim decreed that Ma'os are not Koneh until Meshichah is done so that the seller will be responsible for the object that he sold until it is removed from his possession. Otherwise we fear that if the object sold is in danger (e.g. from fire), the seller will not put forth any effort to save it ("Nisrefu Chitecha b'Aliyah"). Practically, both agree that Metaltelin is not acquired until Meshichah is done.
(c)Rav Nachman says that just as Rebbi Yochanan explains that on the Arba'ah Perakim the Chachamim allow one to acquire Metaltelin according to the Torah law — i.e. with money — in order to perform a Mitzvah, Rebbi Eliezer in our Mishnah allows one to acquire part of an Eruv with money for the purposes of Eruvin.
23)[line 25]בעל הביתBA'AL HA'BAYIS- Even if he said to the layman, "Zechei Li" — "I would like to acquire a portion in the food [with this money]," since he is not a merchant we take his words to mean, "Arev Li" — "make an Eruv for me," which implies that he wants the recipient to be his Shali'ach. Such wording accomplishes the aim of the contributor even when expressed to a merchant, as the Gemara goes on to explain. (RASHI)
24)[line 30]כליKLI (KINYAN SUDAR)
(a)When a person buys an object, he must make a Ma'aseh Kinyan, a formal Halachically-binding act effecting his acquisition of the object, in order for the sale to be irrevocably binding.
(b)One example of such an act is Chalipin (exchange or barter), i.e. taking another object to demonstrate one's consent to the Kinyan (or agreement).
(c)The source for Kinyan Chalipin in the Torah is from the verse in which this Kinyan is employed by Boaz (Ruth 4:7-8). Although Kinyan Chalipin may be accomplished through the barter of two equally-valued items, it is classically no more than a symbolic act in which an object of little value is exchanged in order to represent the acquisition of an object of value. For example, Chalipin may be accomplished by taking possession momentarily of a scarf or piece of cloth (Sudar) belonging to one party in order to make a Kinyan on the object that is being acquired. For this reason, Chalipin is also known as "Kinyan Sudar."
(d)Acquisition of a portion in an Eruv through Kinyan Sudar is valid, unlike an attempt to acquire it through transferal of money, which accomplishes nothing according to the Chachamim.
25)[line34]רב חנא בגדתאהRAV CHANA BAGDESA'AH- (a) Rav Chana of Baghdad (RASHBAM here); (b) Rav Chana, the expert on Agadaic literature (RASHI to Yevamos 67a)
26)[line 35]במבוי שניטלו קורותיו או לחייוMAVOY SHE'NITLU KOROSAV O LECHAYAV- a Mavoy missing its Korah or Lechi. Rebbi Yehudah permits carrying in such a Chatzer for the rest of the Shabbos during which the Korah or Lechi went missing (Daf 94a)
27)[line 36]בעירוביןB'ERUVIN- the Halachos of acquiring an Eruv
28)[line 43]נתוספו עליהן מוסיף ומזכה וצריך להודיעNITOSFU ALEIHEN MOSIF U'MEZAKEH V'TZARICH L'HODI'A- see Background to 80:17
29)[line 43]בחצר שבין שני מבואותB'CHATZER SHE'BEIN SHNEI MEVO'OS- see Background to 80:24