Gemara

Question: While the Levonah is on a Minchah (that may not have Levonah), the Minchah is Pasul. Intent should not take effect!

Answer #1 (Rava): Our Mishnah is like Chanan ha'Mitzri, who holds that Ein Dichuy;

(Beraisa - Chanan ha'Mitzri): If the goat sent to Azazel on Yom Kipur died after slaughtering the goat selected for Hash-m, we find another goat to send to Azazel.

Answer #2 (Rav Ashi): Our Mishnah is even like Chachamim. Anything that is b'Yado (he can fix it) is not considered Dichuy.

Support (Rav Ada): R. Yehudah holds that Yesh Dichuy, but not when it is b'Yado!

(Mishnah - R. Yehudah): If the goat selected for Hash-m was slaughtered and the blood spilled, the goat selected for Azazel must die. (We take two new goats.) If the goat selected for Azazel died, we spill the blood of the slaughtered goat.

(Beraisa - R. Yehudah): They would gather a bucket of blood from the floor from all the Korbanos Pesach, and throw it on the Mizbe'ach, to be Machshir a Korban (in case its blood spilled. Even though Zerikah must be from a Kli, it was not disqualified when it spilled.)

Eruvin 63b: A certain Nochri who lived in a Mavoy with Yisraelim refused to rent his Reshus.

64a (Rava): A Yisrael 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) of the Nochri;

(Rav Yehudah): It suffices if the Sachir or Lakit (of a Nochri) contributes to the Eruv.

65b: Reish Lakish and Talmidim of R. Chanina lodged at an inn. A Nochri in the Chatzer had rented his house to another Nochri. The landlord was nearby, but the tenant was away (for Shabbos).

Question: May one rent from the landlord (to permit carrying in the Chatzer through an Eruv or Bitul)?

We do not ask about a landlord who cannot evict the tenant (before his contract ends). Surely, then it does not help to rent from him. We ask about a landlord who can evict the tenant. Since he can, (it is like his house.) We may rent from him;

Or, since he has not yet evicted him, we may not rent from him!

Answer (R. Efes): One may rent from him.

Bava Metzi'a 74a (Rav): (If Reuven harvested early, before there is a fixed market price,) if two labors still must be done to the Peros, he may contract, but not if three remain. (We are concerned lest the price be higher when he gives the Peros. The buyer benefited because he gave money in advance.)

(Shmuel): If one can do the remaining labors himself, even if 100 remain, he may contract. If something remains to be done b'Yedei (through) Shamayim, he may not contract.

Rishonim

Rambam (Hilchos Eruvin 2:14): If a Nochri rented to a Nochri, if the landlord cannot evict the tenant until the end of the rental period, one rents from the tenant, for he is in place of the owner. If the landlord can evict the tenant whenever he wants, if the tenant was not around and Yisre'elim rented from the landlord, they are permitted.

Magid Mishneh: The Rashba says that even if the landlord cannot evict the tenant, if he has rights (in the house), e.g. he has Kelim there or even just the right to put Kelim there, one may rent even from the landlord. He is no worse than Sechiro or Lekito.

Mordechai (Eruvin 509): Rabbeinu Meir ruled that if two Yisre'elim live in a big city, it is not enough for them to acquire Reshus from the mayor. Rather, they must rent from everyone. This is like brothers who are partners living in a Chatzer. If their father feeds them, they need not be Me'arev. If they feed themselves, even if they live in their father's house, they must be Me'arev. Also here, even if they acquire Reshus from the mayor, since he does not feed them, they must rent from everyone.

Teshuvas ha'Rashba (1:626, and Teshuvah 218 attributed to the Ramban): If a mayor collects a fixed tax every year, it helps to rent from him only if he can evict, like it says in Eruvin 65b. If a landlord cannot evict, it does not help to rent from him, and all the more so from a mayor who permanently rents out the houses for a tax. He is worse than Sechiro or Lekito, who is considered the (owner's) Shali'ach (to rent out the house). When the owner can evict the renters, their rental does nothing (it does not help to rent from them). The Yerushalmi asked whether it helps to rent from the owner of an inn who rented to tenants. R. Efes permitted. Reish Lakish disagreed, for the Nochri who already rented from the owner can evict one who rents from his afterwards. R. Yochanan said that if so, we do not own our houses, i.e. for the Persians used to enter and live with them. R. Yosi b'Ribi Simon said 'they live with us, but they do not evict us against our will.' One who already rented from the owner of an inn can evict one who rented from him afterwards.

Rivash (427): It does not help to rent from the mayor without an Eruv. Even if the Yisre'elim owned the Nochrim's houses, they would forbid each other without an Eruv. Do not say that if one buys from the mayor, he owns all the Yisre'elim's houses, and they are like his guests. Many are not guests of one host (Eruvin 69b). Even renting the Nochrim's houses form the mayor helps only if he can evict them and rent them to others. It is not enough that he collects tax. Even if he owned the houses and rented them, if he cannot evict the tenants, it does not help to rent from him. However, since we he can put his Kelim in people's houses, the Rashba permits to rent from him. Letter of the law, a Nochri should not forbid. His Dirah is not considered Dirah. It is a decree to discourage Yisre'elim from dwelling with Nochrim. Chachamim gave leniencies, that it suffices to rent from Sechiro or Lekito. Another reason to permit is that the mayor owns the roads. He may change them at will. Since he can evict Nochrim from the Mavoy, i.e. the path, it suffices to rent from him.

Poskim

Shulchan Aruch (OC 391:2): If Yisre'elim live in a private Chatzer in a city of Nochrim surrounded by a wall, and other Yisre'elim passed by on Shabbos and lodged in another Chatzer, they do not forbid the residents.

Beis Yosef (DH u'Mah she'Chosav Rabeinu): The Tur says like the Mordechai and Kol Bo bring in the name of Rabbeinu Meir, that it is not enough to rent from the mayor. Surely they do not discuss a mayor who owns the houses and rents them to people and he can evict them. One may rent from any landlord. It is no worse if he is also the mayor! They do not discuss a mayor who owns the houses and rents them to people and he cannot evict them, but he has Reshus to leave Kelim in their houses. (Also) then it suffices to rent from the landlord, like the Tur wrote in Siman 382. You cannot say that the Tur retracted here. Do not say that they discuss a mayor who does not own the houses, but he has Reshus to leave Kelim in any house he wants. We proved above that it suffices to rent from anyone with this right, even if he is not the owner! The Gemara merely discussed a typical case (the owner has this right). We must say that they discuss a mayor who does not own the houses, and he has no Reshus to use the houses in the city at all, even at a time of war when he must station soldiers and their weapons in houses of city residents. The mayor does not do this. Rather, the counselors of the nation do everything, like the practice of some cities, in which the king and mayor have authority only to collect fixed taxes and judge cases. The national counselors do all other needs of the city. If the king or mayor or their appointees do all needs of the city, surely it helps to rent from the king or mayor, for he can station soldiers and their weapons in houses against the will of the residents. Also the Rashba holds that it does not help to rent from him. If the mayor could station soldiers and their weapons in the houses, even if he could not evict the residents, it would help to rent from him. The Rashba said that the question was about tenants who pay the mayor a fixed amount every year, for if he owned the houses absolutely, surely it would suffice to rent from him.

Chacham Tzvi (6): The Heter to rent from the mayor is very flimsy. The Rashba and Magid Mishneh permit when he can put his Kelim in their houses whenever he wants. If he is permitted only at a time of war, why should this permit in peacetime?! This Shabbos, he has no Reshus in the house! Even though there is no fixed time for war, we are lacking an action, i.e. the war! What is lacking an action is not as if it was done. Granted, if a landlord can evict the tenant, even though he did not, this is not like lacking an action. We say in Menachos that anything that is b'Yado is not considered Dichuy. Shmuel permits contracting even if many labors must be done, as long as they are b'Yado. We rule like Rav, who permits if only two labors remain, even if they are not b'Yado (Bava Metzi'a 74a)! Here Rav would agree, for now the mayor has no Reshus, and he cannot instigate war without the residents' consent. Perhaps the Beis Yosef discusses a mayor who could instigate war whenever he wants without the residents' consent. The Rivash permitted because the mayor owns the roads. Here, the mayor cannot do so. Collecting taxes is not enough. If not, one can rent from any mayor!

Magen Avraham (2): A guest renting from a Nochri cannot take from his house to the Chatzer, because rental is a temporary purchase. The house belongs to the renter, and the Chatzer belongs to the landlord. The landlord can take out to the Chatzer, for the tenant has no share in the Chatzer until 30 days.

Note: Ha'Gaon R. Y.S. Elyashiv Shlita says that (in Eretz Yisrael; presumably the same applies in many other places - PF) one may not rely on renting from the police, for they must request permission from the court before entering a house (cited in Ashrei ha'Ish 2:45:2).