ARE THE ABOVE RULES TRUE?
Answer #3 (Mishnah - R. Meir): If one left his house and went to another city (he did not make an Eruv, or sell or Mevatel his Reshus), he forbids people of his Chatzer, whether he is a Yisrael or Nochri.
R. Yehudah says, he does not forbid;
R. Yosi says, a Nochri forbids, but a Yisrael does not, for he is unlikely to return on Shabbos.
R. Shimon says, even if he left his house to spend Shabbos with his daughter in the same city, he does not forbid, for he does not plan to return.
R. Chama bar Gurya ruled like R. Shimon, even though R. Yehudah argues with him. This opposes the rule!
Rejection: Perhaps the Klalim apply only when the Halachah was not specifically stated!
Answer #4 (Mishnah): This is like it was taught, that an Oni (i.e. a traveler who does not have bread) can be Me'arev through walking [to where he wants to acquire Shevisah];
R. Meir says, only an Oni can do so;
R. Yehudah says, the same applies to an Ashir. An Eruv with bread is a leniency for Ashirim, so they need not walk;
(R. Chiya bar Ashi, to Chiya bar Rav): The Halachah is the same for Ashirim and Aniyim.
Rav: You should also say 'and the Halachah follows R. Yehudah.'
Question: Why must he say also this? The rule teaches that the Halachah follows R. Yehudah against R. Meir!
Rejection: Perhaps Rav disagrees with these Klalim. (This does not mean that they are wrong!)
Answer #5 (Mishnah): A Yevamah may not do Yibum nor Chalitzah within three months of her husband's death. (If she is pregnant, Yibum is forbidden and Chalitzah is invalid. After three months, pregnancy is noticeable);
Similarly, Kidushin (engagement) and Nisu'in (full marriage) are forbidden for three months to any widow or divorcee, from Nisu'in or engagement, whether or not she is a virgin. (We forbid a woman who might be within the first three months of pregnancy to remarry, lest she give birth six months [and a day] later, and we will not know who is the father. We are not concerned lest she become pregnant during Kidushin. Even so, we forbid Kidushin now, and even if she was only Mekudeshes beforehand, due to Nisu'in after Nisu'in.)
R. Yehudah says, if [in the first marriage] she was only engaged, she may get married. If she was married, she may get engaged. This does not apply in Yehudah, for there couples are intimate during engagement;
R. Yosi says, any woman may get engaged, except for a widow. She must wait until after the [30 days of] mourning over her husband.
R. Elazar did not go to the Beis Medrash. He asked Rav Asi what was taught there.
Rav Asi: R. Yochanan ruled like R. Yosi.
R. Elazar: Does this mean that an individual argues with him? (The first Tana is anonymous. We assume that it is the majority opinion!)
Rav Asi: Yes, this opinion is attributed to R. Meir!
(Beraisa - R. Meir): Even in the following cases she must wait three months before remarrying [even though it is unlikely or impossible that she is pregnant]:
She was constantly going to her father's home, or was quarreling with her husband;
Her husband was too old [to have children], or sick, or imprisoned;
She was sick, sterile (childless after 10 years of marriage to each of three men), too old, or a minor, or an Ailonis, or drank a sterility potion, or miscarried after her husband died.
R. Yosi permits her to marry immediately.
Summation of answer: The Klal teaches that the Halachah follows R. Yosi against R. Meir. Surely, R. Yochanan needed to rule like R. Yosi because the Klalim are not true! (On 46b, R. Yakov bar Idi said these Klalim in the name of R. Yochanan. This must be wrong!)
Rejection: He needed to rule like R. Yosi due to Rav Nachman's teaching, that the Halachah follows R. Meir's decrees.
Answer #6 (Beraisa): One may go to a fair of Nochrim [even on their festival, when there is concern lest they thank their idolatry for prospering them], and buy animals, slaves [to be Avadim Kena'aniyim, they get some of the Kedushah of Yisrael], houses, fields and vineyards [it diminishes the Nochrim's property. Alternatively, it promotes settlement of Eretz Yisrael];
He may go to their courts [to validate deeds of ownership, even though this shows importance to them, and they might thank idolatry], lest he lose his property [if the seller retracts];
A Kohen may go to Chutz la'Aretz, even though this makes him Tamei [mid'Rabanan], to plead his case. Similarly, he may become Tamei through a cemetery for this.
Objection: Tum'ah of a cemetery is mid'Oraisa. Surely it is forbidden!
Correction: Rather, he may go through a Beis ha'Pras (a field in which a grave was plowed. Mid'Rabanan, it is like a cemetery) and become Tamei mid'Rabanan.
He may become Tamei [mid'Rabanan] to learn Torah or get married.
R. Yehudah says, if he can learn here, he may not become Tamei to learn elsewhere;
R. Yosi permits, for a person might learn better from a different Rebbi elsewhere;
Yosef ha'Kohen followed his Rebbi to Tzidon (in Chutz la'Aretz) to learn.
(R. Yochanan): The Halachah follows R. Yosi.
Summation of answer: R. Yochanan needed to rule like R. Yosi because the Klalim are not true!
Rejection (Abaye): No, he needed to rule like R. Yosi, for one might have thought that the Klalim only apply to Mishnayos, but not to a Beraisa (Rashi - the opinions could be mixed up. Alternatively, one might have thought that the Klal applies to Mishnayos, for R. Yochanan knew all of them, but not for Beraisos, lest there are Beraisos that he never heard. Abaye teaches that this is not so. R. Yochanan says that the Halachah always follows R. Yosi against R. Yehudah or R. Meir due to his superior reasoning - PF.)
Correction: Rav Mesharshiya (46b) did not mean that the Klalim are incorrect, rather, that not everyone agrees to them. I.e. Rav disagrees.
DOES A NOCHRI'S PROPERTY ACQUIRE SHEVISAH?
(Shmuel): A Nochri's property does not acquire Shevisah.
Question: According to whom does he say this?
Suggestion: It is like Chachamim [in our Mishnah].
Rejection: This is obvious! They say that Hefker, which has no owner, does not acquire Shevisah. All the more so, what has an owner [who does not acquire Shevisah] should not acquire Shevisah!
Answer #1: It is like R. Yochanan ben Nuri;
He holds that Hefker acquires Shevisah, for it has no owner. A Nochri's property has an owner, therefore it does not acquire Shevisah!
Question (Beraisa - R. Shimon ben Elazar): The following have 2000 Amos in every direction - a Kli borrowed from a Nochri on Yom Tov, or a Kli lent to a Nochri before Yom Tov that was returned on Yom Tov, and [(Rashi - even) Hefker] Kelim and [food or Kelim in] storehouses that were Shoves within the Techum. (One may not take them past 2000, even if he was Me'arev);
If a Nochri brought produce [to a Yisrael] from outside the Techum, one may not move it from its place (four Amos, like something that left its Techum).
If R. Yochanan ben Nuri holds that a Nochri's property acquires Shevisah, we can say that R. Shimon holds like R. Yochanan ben Nuri. However, if not, R. Shimon is not like R. Yochanan or Chachamim!
Answer #2: Really, R. Yochanan ben Nuri holds that a Nochri's property acquires Shevisah. Shmuel holds like Chachamim;
Before, we said that according to Chachamim, Hefker does not acquire Shevisah, so they would not need to say that a Nochri's property does not. Really, needed to teach that we do not decree about a Nochri's property due to a Yisrael's.
(R. Yochanan (the Amora)): A Nochri's property acquires Shevisah. This is a decree due to a Yisrael's property.
Some rams were brought to Mevarkesa [from outside the Techum]. Rava permitted people of Mechuza [who relied on an Eruv to come. It is within 4000 Amos of Mevarkesa] to buy them [and take them home].
Question (Ravina): Do you permit because Shmuel says that a Nochri's property does not acquire Shevisah? The Halachah follows R. Yochanan against Shmuel, and R. Yochanan says that they acquire Shevisah. We decree due to a Yisrael's property!
Rava retracted, and permitted [only] people of Mevarkesa to buy them. [Even though the animals may not be moved outside four Amos], for them, the whole city is like four Amos.