1)

WHY DOES A NOCHRI'S RESHUS FORBID?

(a)

(Gemara - Abaye bar Avin and Rav Chinena bar Avin) Question: We understand R. Meir (the first Tana). He holds that Diras Nochri Shmei Dirah (his residence is significant enough to forbid), whether there are one or more Yisraelim [in the Chatzer]. However, what is R. Eliezer ben Yakov's opinion?

1.

If he holds that Diras Nochri Shmei Dirah, he should forbid even when there is only one Yisrael;

2.

If he holds That Lo Shmei Dirah, he should not forbid even when there are two!

(b)

Rejection of premise (Abaye): You assume that R. Meir holds that Diras Nochri Shmei Dirah. This is wrong!

1.

(Beraisa): A Nochri's Chatzer is like a barnyard (it does not forbid. The full text of this Beraisa is brought at the end of this Amud, and it explicitly says that the Reisha is R. Meir.)

(c)

Answer (Abaye): All agree that Lo Shmei Dirah. They argue about the decree [that a Nochri forbids, in order to discourage Yisraelim from living with him] lest Yisraelim learn from his ways:

1.

R. Eliezer holds that it is uncommon that a lone Yisrael would live with a Nochri, for [Chachamim forbid to do so, since (Rambam - some)] Nochrim are suspected of murdering. We decree only when there are two Yisraelim, for this is common;

2.

R. Meir decrees even about a lone Yisrael, for sometimes a Yisrael lives alone with a Nochri.

3.

Chachamim enacted that Eruv and Bitul do not help when a Nochri is there. The only Heter is to rent his property, and [probably] he will not rent it.

(d)

Question: Why won't he rent his property?

(e)

Answer #1: He is concerned lest the Yisraelim try to permanently keep it.

(f)

Partial rejection: This is like the opinion that requires a strong rental (this will be explained). According to the opinion that a weak rental suffices, how can we answer?

1.

(Rav Chisda): We require a strong rental.

2.

(Rav Sheshes): A weak rental suffices.

3.

Question: What are strong and weak rentals?

4.

Suggestion: A strong rental is when one pays a Perutah, and a weak rental is when he pays less than a Perutah.

5.

Rejection: All agree that rental for less than a Perutah suffices!

i.

(R. Yitzchak citing R. Yochanan): One may rent from a Nochri for less than a Perutah;

ii.

(R. Chiya bar Aba citing R. Yochanan): A Nochri is Chayav Misah for stealing less than a Perutah [from a Nochri, for they are concerned for small amounts, and they do not pardon]. He has no Mitzvah to return it.

6.

Answer: Rather, a strong rental is when one buys the right to fill the Chatzer with benches and chairs (Rashi. R. Chananel - he buys rights to build. Aruch - they sign a document in front of clerks of the mayor.) A weak rental is without this.

(g)

Repeat of question: According to the opinion that a weak rental suffices, how can we answer?

(h)

Answer #2: The Nochri will not rent because he is concerned for witchcraft. (R. Yehonason - he suspects this because he offers to lend it for free, and the Yisrael insists on renting it.)

(i)

(Beraisa - R. Meir): A Nochri's Chatzer is like a barnyard. [Visiting] Yisraelim may transfer from the houses to the Chatzer or vice-versa;

1.

If a Yisrael resides in the Chatzer, he forbids [Yisraelim from taking from Nochri houses to the Chatzer];

2.

R. Eliezer ben Yakov says, he does not forbid [taking from any house to the Chatzer] unless two Yisraelim in the Chatzer forbid each other.

62b----------------------------------------62b

(j)

(Beraisa): A Nochri's Chatzer is like a barnyard. (He does not forbid taking from a Yisrael's house to the Chatzer.)

(k)

Contradiction (Mishnah): If a Yisrael lives in a Chatzer with a Nochri, he (the Nochri) forbids [a Yisrael to take from his own house to the Chatzer].

(l)

Resolution: The Nochri forbids when he is there, but not when he is away.

(m)

Question: What is R. Meir's opinion [about one who is away]?

1.

If the Dirah of one who is away is considered Dirah, a Nochri should forbid even when he is away;

2.

If it is not considered Dirah, a Yisrael should not forbid when he is away!

(n)

Answer: It is not considered Dirah. We decree about a Yisrael who is away [to consider it Dirah] due to when he is home;

1.

A Nochri's Dirah is never considered Dirah. When he is here we decree [to consider it Dirah], lest Yisraelim learn from his ways. We do not decree when he is away.

(o)

Question: We do decree when a Nochri is away!

1.

(Mishnah - R. Meir): If one left his house and went to another city, he forbids, whether he is a Yisrael or Nochri.

(p)

Answer: There, he is prone to return the same day. (We forbid, lest people carry even after he returns.)

2)

CASES IN WHICH ONE MAY NOT TEACH HALACHOS

(a)

(Rav Yehudah): The Halachah follows R. Eliezer ben Yakov. (We publicly teach this);

(b)

(Rav Huna): The custom is like R. Eliezer ben Yakov. (We do not publicly teach this, but if someone asks we tell him);

(c)

(R. Yochanan): People conducted like R. Eliezer ben Yakov. (We do not suggest this to one who asks, but we do not rebuke one who is lenient like him.)

(d)

Question (Abaye): [The rule is,] R. Eliezer ben Yakov taught Kav (few Halachos; Aruch - 102, the Gematriya of 'Kav'), and the Halachah always follows him. Also, Rav Yehudah taught that the Halachah follows him. May one give such a simple ruling in front of his Rebbi?

(e)

Answer (Rav Yosef): No. It is also simple that eggs (Aruch - finished eggs found inside a slaughtered bird) may be eaten with milk, yet Rav Chisda refused to rule about this while Rav Huna (his Rebbi) was alive. (Rashi - Rav Yosef asked Rav Chisda to test if he would rule about this.)

(f)

Question (R. Yakov bar Aba): Megilas Ta'anis (days when it is forbidden to fast or eulogize) is written. May one give rulings from it in front of his Rebbi?

(g)

Answer (Abaye): No. Rav Yosef said that Rav Chisda refused to rule about eggs and milk while Rav Huna was alive.

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