(Rav Nachman): We rely on the Chazakah that a Shali'ach fulfils his mission for mid'Rabanan laws, but not for mid'Oraisa laws.

(Rav Sheshes): The Chazakah applies even for mid'Oraisa laws.

Version #1 Support (Rav Sheshes, for himself - Mishnah): Once the Omer is offered, Chodosh (grain that took root after last Pesach) is permitted immediately;

People far from the Mikdash [who do not know when it is offered] are permitted after midday.

Suggestion: The Isur of Chodosh is mid'Oraisa, yet people far away are permitted after midday. This is due to the Chazakah that a Shali'ach fulfils his mission!

Rejection (Rav Nachman): The Seifa itself says that this is because Beis Din [of Kohanim] is not lazy. (Surely, they offered it by then. However, we do not rely on the Chazakah of a regular Shali'ach for mid'Oraisa laws.)

Version #2 Support (Rav Nachman, for himself - Mishnah): [They are permitted] because Beis Din is not lazy.

Inference: Beis Din is not lazy, but a regular Shali'ach could be lazy! (The Chazakah would not apply.)

Rejection (Rav Sheshes): Surely, Beis Din offered it by midday. For a regular Shali'ach, Chazakah teaches only that he fulfils his mission and offered it sometime [when it may be offered, i.e.] during the day [but not necessary before midday]. (end of Version #2)

Support (Rav Sheshes, for himself - Beraisa): If Leah was obligated to bring birds due to a birth or Zivah (seeing blood for three consecutive days that cannot be attributed to Nidah; she is Mechusar Kipurim, i.e. forbidden to eat Kodshim until she brings birds), she may leave money [for the birds] in a special box [in the Mikdash], immerse, and eat Kodshim at night.

Suggestion: She relies on the Chazakah that a Shali'ach fulfils his mission! (The Kohen bought birds and offered them.)

Rejection (Rav Nachman): No, she relies on Rav Shemayah's teaching:

(Rav Shemayah): There is a Chazakah that the Beis Din of Kohanim does not leave [the Mikdash] until they finish [offering birds bought with] all the money in the box.

Support (Rav Sheshes, for himself - Beraisa): If Reuven told Shimon 'go pick figs from my tree [for yourself]', Shimon may eat from them casually [without tithing them], and [if he wants to eat Kavu'a, i.e. in a fixed manner] tithe them like Vadai (definite) Tevel. (Surely, Reuven did not tithe them. He does not know how much Shimon picked);

If he said 'go fill this basket with figs from my tree', Shimon may eat casually [without tithing], and tithe them like Demai. (Perhaps Reuven tithed them. Shimon gives [or sells] Terumah and Terumas Ma'aser to a Kohen, but may keep the rest of the Ma'aseros for himself.)

Rebbi says, this is only if Reuven is an Am ha'Aretz (not trustworthy about Ma'aser). If he is a Chaver, Shimon may eat [even Kavu'a] without tithing. (Surely, Reuven took Terumah);

R. Shimon ben Gamliel says, this is if he is an Am ha'Aretz. If Reuven is a Chaver, Shimon may not eat [Kavu'a] until tithing Vadai, for a Chaver is not suspected to be Torem Lo Min ha'Mukaf! (surely, Reuven did not tithe).

Rebbi: My opinion is more reasonable - it is preferable for a Chaver to Torem Lo Min ha'Mukaf than to cause an Am ha'Aretz to eat Tevel.

Rebbi and R. Shimon only argue about whether or not a Chaver is suspected to Torem Lo Min ha'Mukaf - but both would otherwise [normally] agree to the Chazakah that a Shali'ach fulfils his mission (Reuven is like a Shali'ach to separate for Shimon)!

Rejection (Rav Nachman): That is an exception, due to Rav Chanina Chuza'ah's teaching:

(Rav Chanina Chuza'ah): There is a Chazakah that a Chaver does not allow Tevel to leave his Reshus [lest he transgress "v'Lifnei Iver Lo Siten Michshol", causing others to sin].

(Beraisa - Rebbi): This is if Reuven is an Am ha'Aretz...

Question: In this case, what is Shimon's status?

If he is an Am ha'Aretz, he will not obey [to tithe. Amei ha'Aretz trust each other. He is sure that Reuven tithed!]

Answer: We must say that he is a Chaver.

Question (Seifa - Rebbi): My opinion is more reasonable. It is better for a Chaver to be Torem Lo Min ha'Mukaf than to cause an Am ha'Aretz to eat Tevel.

We said that Shimon is a Chaver!

Answer #1 (Ravina): In the Reisha, an Am ha'Aretz told a Chaver ['go fill this basket...']. In the Seifa, a Chaver told an Am ha'Aretz, and another Chaver (Levi) overheard;

Rebbi says, Levi may eat without tithing. Surely, the first Chaver took Terumah;

R. Shimon ben Gamliel says, he may not eat until tithing Vadai, because a Chaver is not suspected to be Torem Lo Min ha'Mukaf;

Rebbi holds that it is better for a Chaver to be Torem Lo Min ha'Mukaf than to cause an Am ha'Aretz to eat Tevel.

Question: What do they argue about?

Answer: Rebbi holds that it is better for a Chaver to transgress a minor matter (to be Torem Lo Min ha'Mukaf) in order that an Am ha'Aretz not transgress a severe matter [through him, i.e. eating Tevel];

R. Shimon holds that it is better [for the Chaver] that an Am ha'Aretz transgress a severe matter, and the Chaver not transgress anything.

(Mishnah): If an Eruv was in a tree above 10 Tefachim, it is invalid;

If it is below 10 Tefachim, it is valid;

If it is in a pit, even 100 Amos deep, it is valid.

(Gemara - R. Chiya bar Aba, R. Asi and Rava bar Noson) Question: Where is the tree? (All the questions and answers until (j) are from these three Chachamim.)

If it is in Reshus ha'Yachid, there is no distinction whether the Eruv is above or below 10, for Reshus ha'Yachid extends up to the sky!

Answer: It is in Reshus ha'Rabim.

Objection: Where did he intend his Shevisah to be?

If he wanted to be Shoves above [on the tree], he and his Eruv are in the same place! (Even if it is above 10 it should be valid.)

Answer: He wanted to be Shoves below [in Reshus ha'Rabim. Therefore, if his Eruv is above 10, i.e. in Reshus ha'Yachid, he cannot get to it during Bein ha'Shemashos].

Question: [Even if it is below 10, he may not take it, for if he does,] he uses the tree!

Answer: Indeed, the tree is in Reshus ha'Rabim, and he intended to be Shoves below;

The Isur to use a tree is mid'Rabanan. Our Mishnah is Rebbi, who permits Shevus during Bein ha'Shemashos.

Rav Nachman (to the three Chachamim): You are right. Also Shmuel explained like this.

The three Chachamim: Do you give all these answers to explain the Mishnah?!

Objection: Also they do!

Correction: Rather, [they ask] did you establish this to be the explanation to pass on as a tradition?

Rav Nachman: Yes!

(Rav Nachman citing Shmuel): The case is, the tree is in Reshus ha'Rabim. It is 10 tall and four wide, and he intended to be Shoves below. The Mishnah is Rebbi, who permits Shevus during Bein ha'Shemashos.

(Rava): This applies only to a tree outside the Ibur (the 70 Amos and a fraction surrounding a city). If it is within the Ibur, even if the Eruv is above 10, we consider the area to be full of dirt, and it is as if he intended to be Shoves above 10. (The Eruv is valid, even though he cannot take it during Bein ha'Shemashos.)

Question: The same should apply even outside the Ibur!

Rava holds that we 'give' four Amos to one who places an Eruv. (If it rolls less than four Amos outside the Techum, it is valid, for we consider that Mechitzos surround it.) The four Amos are considered Reshus ha'Yachid, which extends up to the sky!

Answer (Rav Yitzchak brei d'Rav Mesharshiya): The case is, the tree leans [horizontally] outside of four Amos, and he intended to be Shoves at the trunk.