DEALING WITH A NOCHRI WHO REFUSES TO RENT (cont.)
Objection (Rava): If the Yisraelim will be Mevatel to one of them, [they will do so every week without making an Eruv, and], the law of Eruv will be Batel from this Mavoy!
Answer: They make an Eruv.
Objection: People will come to think that an Eruv helps even when a Nochri lives there [even if he does not rent his Reshus. This is incorrect!]
Answer: They announce that an Eruv does not help when a Nochri lives there.
Objection: People who were not there at the time of the announcement will err [based on what they see]!
(Rava): Rather, one of the Yisraelim should become friendly with the Nochri, so the Nochri will agree to lend him room in his Reshus to put something. The Yisrael is then like a Sachir or Lakit (resident worker for a year or the harvest season) of the Nochri. (Rashi - the Yisrael then contributes to the Eruv. Rashba - we then 'rent' the Nochri's property from him, just like we are lenient to consider a Yisrael's Sachir like the Yisrael);
(Rav Yehudah): It suffices if the Sachir or Lakit [of a Nochri] contributes to the Eruv. (Tosfos 70a DH Yoresh - perhaps the same applies to a Sachir or Lakit of a Yisrael.)
Question (Abaye): If there are five Sechirim or Lekitim [of a Nochri; Ra'avad - or of a Yisrael], must they all give to the Eruv (Rashba - must we rent from all of them) [as if it was their house]?
Answer (Rav Yosef): The law of Sachir or Lakit is a leniency, so do not derive stringencies from it. (We are lenient about Eruvin.)
(Rav Yehudah): It suffices if the Sachir or Lakit gives towards the Eruv.
Rav Nachman: This is a superb teaching!
RULING WHEN INTOXICATED
(Rav Yehudah): One who drinks a Revi'is of wine may not give Halachic rulings.
Rav Nachman: This is not a good teaching. My mind is not clear until I drink a Revi'is!
Rava: It is not proper to say that a teaching is not good!
(R. Acha bar Chanina): "V'Ro'eh Zonos Ye'abed Hon" - if one says that some teachings are nice and others are not, he will lose the glory of Torah (forget his learning. Rashi - Zonos is like 'Zo Na'eh (this one is nice).' Me'iri - he is attracted only to some teachings, like men find some women more attractive than others. Rashash - one may disapprove of teachings that oppose other teachings.)
Rav Nachman: I retract.
(Rabah bar Rav Huna): A Shasuy (one who drank) may not pray. If he did, it was a valid prayer;
A Shikor (one who is drunk) may not pray. If he did, it was an abomination.
Question: What is the difference between a Shasuy and a Shikor?
Answer: When R. Aba bar Shumeni and R. Menasiya bar Yirmeyah took leave of each other, they suggested that each say a teaching that the other had not heard;
(Mari bar Rav Huna): One should leave his friend amidst Halachah, in order that he will remember him in this way.
(R. Aba or R. Menasiya): A Shasuy is one who can speak [properly] in front of the king [even though he drank]. A Shikor is one who cannot.
(The other of R. Aba and R. Menasiya): One who takes possession of the property of a convert [who died without heirs] should buy a Sefer Torah [with some of the money. People will envy him, for he profited without toil. The Mitzvah will protect him from Ayin ha'Ra'ah];
(Rav Sheshes): The same applies even to one who married a woman with property. (He may use her property. He should buy a Sefer Torah with some of the profits);
(Rava): The same applies even to one who profited from a business venture;
(Rav Papa): The same applies even to [smaller profits that come easily, e.g.] one who found a lost object [in a case that he may keep it].
Version #1 (Maharsha's preferred text) (Rav Nachman bar Yitzchak): The same applies even to one who profits from writing Tefilin [in spite of Chachamim's prayer that scribes not get rich. He should attribute this to Hash-m, and buy a Sefer Torah].
Version #2 (our text) (Rav Nachman bar Yitzchak): Even writing Tefilin will protect him. (end of Version #2)
(Rav Chanin or R. Chanina): He learns from "va'Yidar Yisrael Neder..." (Bnei Yisrael vowed to be Makdish spoils that they will take from the nation that was about to fight them.)
(Rami bar Aba) Walking a Mil or sleeping any amount negates the effects of wine.
(Rav Nachman): This is only when he drank only one Revi'is. If he drank more, walking or sleeping will worsen his condition!
Question (against Rami bar Aba - Beraisa): Once, R. Gamliel was going on a donkey from Ako to Keziv. R. Ilai was behind him. R. Gamliel found buns on the way. He told R. Ilai to pick them up. He encountered a Nochri on the way. He said 'Mavgai, take the buns from Ilai.'
R. Ilai talked to the Nochri. He found that his name was Mavgai, and that R. Gamliel did not know him beforehand.
R. Ilai: I learned that R. Gamliel knew his name through Ru'ach ha'Kodesh. I learned three Halachos from the episode:
One may not pass by food [on the ground and leave it].
We follow the majority of [travelers, who are] Nochrim. (We assume that the buns were from a Nochri, therefore R. Gamliel did not allow me to eat them. Bread of Nochrim is forbidden mid'Rabanan. If we would consider it to be a Safek if the buns were of Nochrim or Yisraelim, it would be [a Safek mid'Rabanan, and hence] permitted. He did not forbid due to Chametz. If they were of a Yisrael, we would assume that they were made after Pesach. Chametz of a Nochri is permitted, like the next Halachah.)
One may benefit from Chametz that a Nochri owned on Pesach. (If it is not bread, one may even eat it. The episode was just after Pesach, so presumably the buns were not made after Pesach. Even so, R. Ilai received benefit (gratitude) due to the buns.)
When they reached Keziv, a man wanted to permit a vow. R. Gamliel said that since he [and R. Ilai] had drunk a Revi'is of Italki wine, the man should follow them on the road until the wine wears off. After three Mil, they reached the slopes of Tzur. R. Gamliel got off the donkey, cloaked himself, sat down and annulled the vow.
R. Ilai: I learned many Halachos from this. A Revi'is of Italki wine intoxicates; a Shikor may not [permit a vow or] give Halachic rulings; traveling makes one sober; and one may not permit vows while riding or walking or standing, only while sitting.
Summation of question: R. Gamliel waited until he traveled three Mil before permitting the vow!
Answer #1: Italki wine intoxicates more, therefore one must go further to become sober.
Question: Rav Nachman taught that if one drank more than a Revi'is, walking or sleeping will worsen his condition! (A Revi'is of Italki wine is like more than a Revi'is of regular wine. Ritva - he objected to the teaching that forbids anyone from ruling after drinking, because some people [like himself] do not need to wear off the effects of a Revi'is of wine.)
Answer: Walking worsens his condition, but riding sobers.
Answer #2 (to Question (o)): To sober up, one must walk one Mil or ride three Mil.
HALACHOS LEARNED FROM RABAN GAMLIEL
Question: (R. Ilai forbids permitting vows while riding or walking or standing.) Rav Nachman taught that we can permit vows while walking, standing or riding!
Answer: Tana'im argue about whether Poschim b'Charatah (regret suffices to permit a vow) or not (rather, we must find a Pesach, i.e. a reason why the vow was a mistake from the beginning - Tosfos. Rashi - Poschim means that we must find a Pesach. Ein Poschim means that we need not find one. It is difficult to find a Pesach. The Chacham must sit for this):
(Rabah bar bar Chanah): R. Gamliel found a Pesach for the man - "Yesh Boteh k'Madkeros Cherev u'Leshon Chachamim Marpei." (Anyone who vows is proper to be pierced with a sword, but the words of Chachamim heal. I.e., they can permit his vow.)
(Beraisa): One may not pass by food [on the ground].
(R. Yochanan): This applied to previous generations. Nowadays witchcraft is rampant amongst Benos Yisrael, so we pass by food [lest witchcraft was done to it].
(Beraisa): We pass by whole loaves (only they are used for witchcraft - Rashi Sanhedrin 92A d'Ika, Shulchan Aruch 180:2), but not by pieces [of bread].
Question (Rav Asi): Pieces are used for witchcraft - "va'Techalelnah Osi... uvi'Fsosei Lechem"!
Answer (Rav Ashi): They were given for payment for witchcraft, but they were not used for witchcraft