ERUVIN 67 (5 Sivan) - Dedicated l'Zecher Nishmas Reb Chaim Aryeh ben Aharon Stern Z'L by Shmuel Gut of Brooklyn, N.Y.

[67a - 38 lines; 67b - 43 lines]

1)[line 2]דאחדא דשא ומשתמשאD'ACHADA DASHA U'MISHTAMSHA- the residents of the inner courtyard close the gate between themselves and the outer courtyard - cutting off any connection between the residents of the outer courtyard and the Eruv - and then use the inner courtyard. This device still requires the outer Chatzer to renounce any connection with the inner Chatzer. This is necessary only according to Rebbi Akiva, who holds Regel ha'Muteres bi'Mekomah, Oseres Afilu she'Lo bi'Mekomah (see background to 65:42). Rava's interpretation of Shmuel's statement is in accordance with this opinion of Rebbi Akiva.

2)[line 7]אינו צריך לבטל רשות לכל אחד ואחדEINO TZARICH L'VATEL RESHUS L'CHOL ECHAD V'ECHAD

(a)In the event that the inhabitants of a courtyard did not set an Eruv Chatzeros before Shabbos, carrying may still be permitted if Bitul Reshuyos is done. This is accomplished as follows: If none of the people in the courtyard made an Eruv, all of the inhabitants of the courtyard may nullify their domains in favor of one of the inhabitants. All of the houses/courtyards in the area are considered the private domain of the person chosen. If some of those in the courtyard made an Eruv together, those who did not may nullify their domains in favor of the collective domain of those who made an Eruv.

(b)Bitul Reshuyos may be done as long as the following conditions are met:

1.The nullification must be done only in favor of a single person or a collective party who made an Eruv together;

2.those who nullified their domains may not transfer objects from their houses to the courtyard or vice versa. Bitul Reshuyos only permits carrying in the courtyard and from the courtyard to the house of the person/s chosen, Eruvin 69b. (According to some Tana'im, the other residents of the courtyard may carry from the house of the Mevatel to the courtyard as well, Eruvin 26b). If one of the houseowners who nullified their domains transfers from his house to the courtyard or vice versa, it constitutes a repeal of the nullification, and it becomes once again prohibited to carry in the courtyard. (Eruvin 26a and RASHI DH Anshei Chatzer)

(c)The Tana'im argue as to whether the Bitul that is done in favor of a collective party must be done to the entire party as a whole, or whether it is sufficient to be Mevatel to any one member of the party.

3)[line 8]כי קאמינא לרבנן...KI KA'AMINA L'RABANAN...- and since the residents of the outer Chatzer are members of this Eruv, this is not possible according to Shmuel who holds Ein Bitul Reshus Me'chatzer L'chatzer (see #4 above)

4)[line 11]מרתען שיפוותיהMARTA'AN SIFVASEI- his lips would tremble

5)[line 11]ממתנייתא דרב ששתMI'MASNAISA D'RAV SHESHES- Rav Sheshes had an exceptional breadth of knowledge, and Rav Chisda was afraid that he would ask him to explain two contradictory Mishnayos.

6)[line 12]מפלפוליה דרב חסדאMI'PILPULEI D'RAV CHISDA- Rav Sheshes was afraid that Rav Chisda would ask him a particularly profound question due to his sharp analytical and reasoning abilities.

7)[line 15]והקיפום מחיצה בשבתV'HIKIFUM MECHITZA B'SHABBOS- and the Nochrim filled in the Reshus ha'Rabim on both sides so that an area similar to a courtyard was left in front of the two houses

8)[line 15]מהוMAHU- may one of the homeowners nullify his Reshus to that of the other, thereby permitting carrying in the area between them?

9)[line 17]לא תיבעי לך... כי תיבעי לךLO TIBA'I LACH... KI TIBA'I LACH- According to Shmuel, only when the two courtyards prevent one another to carry and were able to make an Eruv with each other before Shabbos do we allow one to nullify its Reshus to the other. In this case neither of those two conditions is present, and it is therefore obvious that he would not allow Bitul. The Gemara is debating what the law is according to Rebbi Yochanan, who does not require that the two Chatzeros forbid each other in order for them to accomplish Bitul on Shabbos. Does he require that they were able to make an Eruv with each other before Shabbos, or does he argue with Shmuel on this condition as well?

10)[line 26]מת נכרי בשבת מהוMES NOCHRI B'SHABBOS MAHU- When two Jews and a Nochri are inhabiting one Chatzer, according to all opinions the Nochri prevents the Jews from making an Eruv (see first Mishnah of Perek, 61b). The only option is to rent the space from the Nochri, as his Bitul is worthless. The question here is: If the Nochri dies on Shabbos, may the Jews then nullify one of their Reshuyos to the other in order to carry in the Chatzer?

11)[line 26]אליבא דמאן דאמר שוכריןALIBA D'MAN D'AMAR SOCHRIN- that is, Rebbi Yochanan at the top of 66a

12)[line 28]תרתיTARTI- i.e. renting from the Nochri and subsequently nullifying

13)[line 33]נכריNOCHRI- a Nochri who lives in a house open to a Chatzer where Jews live

14)[line 35]וקרונותKERONOS- wagons, coaches

15)[line 36]דמיחד ליהD'MEYACHED LEI- that is exclusively his

16)[line 37]בההוא ניחא ליהB'HAHU NEICHA LEI- because it is roomier than his doorway into the Mavoy.

17)[line 37]לקרפףKARPAF- a Karpaf is less roomy than a Bik'ah

18)[last line]משמיה דאולפנאMI'SHMEI D'ULFANA- quoting a tradition he received


19a)[line 2]נכרי בית סאתים אוסר...NOCHRI BEIS SE'ASAYIM OSER...- If the Karpaf into which the Nochri has a private entrance is the area of a Beis Se'asayim or less, it is not roomy enough for us to assume that doorway to be his preferred entranceway, and his presence therefore forbids any Jews in that Chatzer from carrying. If the Karpaf is larger than that, however, then the Nochri is not considered to be part of the Chatzer.

b)[line 3]וישראל בית סאתים אינו אוסרV'YISRAEL BEIS SE'ASAYIM EINO OSER...- For a Jew the opposite is true. If he has a private entrance into a Karpaf the size of a Beis Se'asayim or less, since he may carry within it on Shabbos if it is walled (see #20 below) and it is roomier than the Chatzer, it is considered his preferred entranceway. If it is larger than that, then since he may not use it on Shabbos his main doorway is the one leading into the Chatzer. Therefore, he must join in the communal Eruv if anyone in the Chatzer is to be permitted to carry within it.

20)[line 8]קרפף יותר מבית סאתים שלא הוקף לדירהKARPAF YOSER MI'BEIS SE'ASAYIM SHE'LO HUKAF L'DIRAH

(a)Karpifos are enclosed areas that are located outside of a settlement, used for storage and other such purposes. Lo Hukaf l'Dirah means that the enclosure around the Karpaf was not built for residential purposes.

(b)A Beis Se'asayim is a parcel of land in which two Se'ah of grain is normally planted, which is the area of the Azarah of the Mishkan, 50 by 100 Amos, approx. 1,152 square meters (12,400 square feet) or 1,659 square meters (17,856 square feet), depending upon the differing Halachic opinions.

(c)Since it is fully enclosed, a Karpaf is a Reshus ha'Yachid. A person who throws an object into it from Reshus ha'Rabim is Chayav. However, if it was not enclosed for residential purposes but for storage and the like, and it is also larger than Beis Se'asayim, the Chachamim prohibited carrying in it more than a distance of four Amos lest people mistake it for a Reshus ha'Rabim.

21)[line 10]מחיצה היא אלא שמחוסרת דיוריןMECHITZAH HI ELA SHE'MECHUSERES DIYURIN- it is a Reshus ha'Yachid (according to Torah law), but [since] it is lacking tenants [the Chachamim forbade carrying within it]

22)[line 15]אסיפאA'SEIFA- on the end, i.e. the statement of "less than 10 Tefachim high by 4 Tefachim wide one may carry..."

23)[line 22]תרוצי מתנייתאTERUTZEI MASNEYASA- to explain Beraisos

24)[line 24]בתוכוB'SOCHO- that is, on top of the rock

25)[line 25]הן אמרו והן אמרוHEN AMRU V'HEN AMRU- The Chachamim enacted two separate decrees. They also decided which one to nullify in a situation where they are at odds with each other.

26)[line 34]דלמא אמרי רשות היחיד גמורה היאDILMA AMRI RESHUS HA'YACHID GEMURAH HI- The Chachamim forbade carrying in a Karpaf larger than a Beis Se'asayim lest one come to confuse it with a Reshus ha'Rabim. They also forbade carrying from a Reshus ha'Yachid into a Karmelis and vice versa, lest one think that it is permitted to transfer objects between a Reshus ha'Yachid and a Reshus ha'Rabim. A Karpaf greater than a Beis Se'asayim is a Reshus ha'Yachid according to the Torah (as Rebbi Yochanan stated) and therefore should be included in the prohibition of transferring between it and a Karmelis (in our case, the sea). Then, however, people would assume that it is a Reshus ha'Yachid even mid'Rabanan and come to carry within it, violating the first decree mentioned above. The Chachamim preferred in such a situation to allow transferal to and from the Karmelis rather than allow carrying within such a Karpaf.

27)[line 37]דאשתפיך חמימיהISHTAFICH CHAMIMEI- the hot water prepared for his circumcision spilled

28)[line 38]מגו ביתאיMIGO BEISA'I- from my house (which was in the same Chatzer)

29)[line 38]נסמוך אשיתוףNISMOCH A'SHITUF- let us rely on the Shituf Mevo'os (which allows one to carry even in the Chatzeros, see the Mishnah on 73a)

30)[line 40]לאותביהL'OSVEI- (lit. to ask) to refute the ruling of Rabah from a contradictory Beraisa

31)[line 40]ולא שבקן רב יוסףV'LO SHAVKAN RAV YOSEF- and Rav Yosef did not let me

32)[last line]הזאהHAZA'AH (MEI CHATAS)

(a)If a person (or utensil) became Tamei through touching a Mes, he must wait seven days to become Tahor. On the third and seventh days he must have spring water mixed with the ashes of the Parah Adumah (Mei Chatas) sprinkled on him. A person who is Tahor dips three hyssops which have been bound together into the mixture and sprinkles them on the person who is Tamei.

(b)Haza'ah is prohibited on Shabbos mid'Rabanan, since it is included in the prohibition of fixing, "Tikun Mana." (The person who becomes Tahor is, in a way, being "fixed.") (RASHI to Pesachim 65b)

33)[last line]ואמירה לנכריAMIRAH L'NOCHRI

(a)Shevus refers to actions that the Rabanan prohibited on Shabbos. The Torah states, "uva'Yom ha'Shevi'i Tishbos" ("and you shall rest on the seventh day") (Shemos 23:12). The Rabanan learn that this applies even to things that are not Melachos, and as a result they prohibited actions that were permitted mid'Oraisa (see Shabbos 114b).

(b)Telling a Nochri to do Melachah for a Jew is one of the Shevus decrees. Even though Nochrim transgress no prohibition by doing Melachah on Shabbos, the Rabanan prohibited telling them to do Melachah for Jews. This prohibition applies even if they are told on Friday, and even if the Melachah is only needed for after Shabbos. (See RAMBAM Hilchos Shabbos, chapter 6.)