1)
(a)If a member of a courtyard (Jew or a non-Jew) went away for Shabbos, then according to Rebbi Meir, the Eruv in the Chatzer is Batel, and they are not permitted to carry there. Rebbi Yehudah holds that it is as if he had left the courtyard, and carrying is permitted. Rebbi Yehudah differentiates between a Jew and a non-Jew. What does he say?
(b)What does Rebbi Shimon hold in this matter?
(c)Like whom is the Halachah?
1)
(a)According to Rebbi Yossi, a non-Jew who goes away for Shabbos forbids the other members of the courtyard to carry there - because he is liable to return on Shabbos (and they failed to hire his Reshus from him before Shabbos); whereas a Jew, who is unlikely to return on Shabbos, is considered as if he had left the courtyard, and there is no need to contend with him.
(b)Rebbi Shimon maintains that - even if a Jew just went to stay with his daughter at the other side of town, the other members of the courtyard do not need to contend with him, because, having moved to another dwelling for Shabbos, he has not the slightest intention of returning on Shabbos.
(c)Rav rules like Rebbi Shimon.
2)
(a)According to Rebbi Meir, it is only a poor man who may make an Eruv on foot. What does 'a poor man' mean in this context?
(b)What does Rebbi Yehudah say about this?
(c)What does the Gemara attempt to prove from Rav, who rules like Rebbi Yehudah?
(d)Why does this not authorize Rav Mesharshaya to do likewise, to ignore the principles stated by Rebbi Yochanan?
2)
(a)The poor man who Rebbi Meir permits to make an Eruv on foot - is a traveler (who is considered poor because he is traveling, irrespective of his means).
(b)According to Rebbi Yehudah, it is quite to the contrary: both a rich man (who is currently at home) and a poor man are permitted to make an Eruv on foot, and it is making an Eruv using bread that Chazal introduced as a special concession for the rich man.
(c)The Gemara tries to prove from the fact that Rav found it necessary to rule like Rebbi Yehudah, that Rav Mesharshaya is justified in disregarding the rules mentioned above in the name of Rebbi Yochanan (one of them being that Rebbi Meir, v'Rebbi Yehudah, Halachah k'Rebbi Yehudah).
(d)The fact that Rav disagrees with Rebbi Yochanan does not authorize Rav Mesharshaya to disregard Rebbi Yochanan's rules - because of the hard and fast principle that when Rav argues with Rebbi Yochanan, we follow the opinion of Rebbi Yochanan.
3)
(a)A Yavam is forbidden to acquire his Yevamah or to make Chalitzah with her within three months after his brother's death - nor may any woman get married - or even become betrothed - before three months after her husband's death (or after her divorce). Why is betrothal forbidden?
(b)Rebbi Yehudah permits those who were married to become betrothed, and those who were betrothed to get married, with one exception. What is that?
(c)Rebbi Yossi permits a divorced woman to become betrothed, but not a widow. Why not?
(d)The Tana Kama in the Beraisa is Rebbi Meir. What does Rebbi Meir hold with regard to a woman whom we know with certainty, could not have had relations with her husband for quite some time, because she was ill or because her husband was in prison etc.? Is she obligated to wait three months before becoming betrothed?
3)
(a)Betrothal is forbidden within three months of a brother-in-law or husband's death - because Chazal decreed betrothal because of marriage, which is forbidden in order to clarify whose baby it will be, should she become pregnant shortly after the marriage or the Yibum.
(b)Rebbi Yehudah permitted those who were married to become betrothed, and those who were betrothed to marry, with one exception - namely, a woman who had been betrothed in Yehudah, whom they forbade to get married (or vice-versa), because the betrothed couples in Yehudah behaved with unusual familiarity, and the chances of the woman being pregnant were strong.
(c)Rebbi Yossi forbids a widow to become betrothed - as long as she is in mourning for her deceased husband, but not because of the decree quoted in 3a.
(d)Rebbi Meir does not differentiate between one woman and another. All women are obligated to wait three months, according to him, whether there is a possibility that she is pregnant or not.
4)
(a)In this case too, Rebbi Yochanan rules like Rebbi Yossi. Does this justify Rav Mesharshaya (who disregards the previous ruling of Rebbi Yochanan - that we always follow the opinion of Rebbi Yossi) - or is there perhaps another reason why Rebbi Yochanan would still need to issue this ruling here?
4)
(a)Rebbi Yochanan needs to rule like Rebbi Yossi, in spite of his previous ruling (in which he followed Rebbi Yossi as a matter of principle), because here, that ruling might not be applicable, due to Shmuel, who is quoted as ruling like Rebbi Meir, whenever he issues a decree (which is the case here). Now Rebbi Yochanan might agree with that ruling, which clashes of course, with his previous one ('Halachah k'Rebbi Yossi' etc.) Consequently, he needed to rule in this case like Rebbi Yossi (in spite of Rebbi Meir's decree).
5)
(a)It is normally forbidden to buy in a non-Jewish market on the day of their festival, because this may result in the gentile seller honoring and praising hisr gods. Why does the Tana permit the purchase of ...
1. ... houses and fields?
2. ... animals and slaves?
(b)May one arrange to have such a sale documented in a non-Jewish court?
(c)What does the Tana mean when he adds that a Kohen may even enter a graveyard if necessary, to fight for these things in court? What sort of graveyard is he referring to?
(d)Which other kind of Tum'ah did Chazal waive for a Kohen?
5)
(a)The Tana permits the purchase of ...
1. ... houses and fields (from gentiles on the day of their festival - either because he is depriving the gentiles of property in Eretz Yisrael, or because of the Mitzvah to inhabit Eretz Yisrael (with Jews).
2. ... animals and slaves - because he brings them into the realm of Kedushah.
(b)Since it is permitted to purchase these things - Chazal also permitted documentation of such a sale, even in a non-Jewish court.
(c)When the Tana permits a Kohen to even enter a graveyard if necessary, to fight for these things in court, he means, not a regular graveyard (because how can Chazal permit something which the Torah forbids?), but a Beis ha'Peras, where a grave was dug up, and whose Isur for a Kohen to pass through is only de'Rabbanan.
(d)Chazal also waived the Isur de'Rabbanan of Tum'as Chutz la'Aretz for a Kohen.
6)
(a)Chazal also waived these prohibitions to study Torah and to find a wife. What restriction does Rebbi Yehudah place upon the former?
(b)What does Rebbi Yossi hold in this case?
(c)Here too, Rebbi Yochanan rules like Rebbi Yossi. Does that justify Rav Mesharshaya to disregard the previous ruling of Rebbi Yochanan?
6)
(a)Rebbi Yehudah restricted the concession of leaving Eretz Yisrael to learn Torah - to where one is unable to find a suitable Rebbe in Eretz Yisrael.
(b)Rebbi Yossi holds that he is permitted to leave Eretz Yisrael - even if he can, because one never knows from which Rebbe one will learn the most.
(c)Not even from here do we have any justification for Rav Mesharshaya to disregard Rebbi Yochanan's previous rules. That is because Rebbi Yochanan needs to rule here like Rebbi Yossi because here, we are dealing with a Beraisa, and we might have thought that his previous ruling applied only to Mishnahs, and not to Beraisos.
47b----------------------------------------47b
7)
(a)Rav Yehudah, quoting Shmuel, states that objects belonging to a gentile, do not acquire Shevisah. What does this mean in practical terms?
(b)Why does the Gemara initially believe that this would not be a Chidush according to the Rabbanan of Rebbi Yochanan ben Nuri?
(c)What then, is Shmuel's Chidush - according to the Gemara's current contention?
7)
(a)When Rav Yehudah quoting Shmuel, states that objects belonging to a gentile, do not acquire Shevisah - he means that they may be taken on Yom-Tov, as far the Jew who acquires them.
(b)If objects of Hefker, which have no owners at all, do not acquire Shevisah (according to the Rabbanan), then it goes without saying that objects owned by gentiles (who themselves are not Koneh Shevisah) will not do so.
(c)The Gemara therefore contends that Shmuel says his Chidush in Rebbi Yochanan ben Nuri - to teach us that Rebbi Yochanan ben Nuri's Din (that Hefker objects are Koneh Shevisah) is restricted to objects of Hefker, which have no owner who will interfere with their Shevisah; whereas with regard to objects belonging to gentiles, he will agree that they are not Koneh Shevisah like their owners.
8)
(a)What does Rebbi Shimon ben Elazar say with regard to objects belonging to a non-Jew that a Jew borrowed on Yom-Tov, or objects of a Jew which he lent to a non-Jew and that were returned to him on Yom-Tov? How far is the Jew who now has them, permitted to carry them?
(b)Whose opinion does Rebbi Shimon ben Elazar follow, that of Rebbi Yochanan ben Nuri or that of the Rabbanan?
(c)Since we have just concluded that, according to Rebbi Yochanan ben Nuri, objects belonging to a gentile are also Koneh Shevisah, Shmuel must hold like the Rabbanan. Then what is Shmuel's Chidush? Why is this not obvious?
8)
(a)Rebbi Shimon ben Elazar rules that objects belonging to a non-Jew that a Jew borrowed on Yom-Tov, or objects of a Jew which he lent to a non-Jew and that were returned to him on Yom-Tov - may be carried two thousand Amos on Yom-Tov.
(b)This can only follow the opinion of Rebbi Yochanan ben Nuri, who says 'Cheftzei Hefker Konin Shevisah', and we see from here that Rebbi Yochanan ben Nuri does not differentiate between Hefker objects and objects belonging to a gentile. Both are Koneh Shevisah when Shabbos enters.
(c)Shmuel must hold like the Chachamim, and his Chidush is that - we do not decree objects belonging to a gentile (to restrict them to two thousand Amos) because of objects that belong to a Jew.
9)
(a)How does Rebbi Chiya bar Avin quote Rebbi Yochanan with regard to Cheftzei Nochrim??
(b)What ruling did Rava issue for the Jews of Mechuza, with regard to those animals that the gentiles brought to Mavrechta on Yom-Tov?
(c)What was Ravina's objection to that ruling?
9)
(a)Rebbi Chiya bar Avin quotes Rebbi Yochanan, who disagrees with Shmuel and says 'Cheftzei Nochrim Konin Shevisah, Gezeirah Ba'alim de'Nochrim Atu Ba'alim de'Yisrael'.
(b)Rava permitted the Jews of Mechuza, who had made an Eruv which enabled them to go to Mavrechta, to purchase the rams from the non-Jews of the town on Yom-Tov (obviously having made the appropriate arrangements to pay after Yom-Tov, or having paid in advance), and to take them back to Mechuza.
(c)Ravina objected to this on the grounds of what we just learnt in the name of Rebbi Yochanan - like whom we rule even against Rav, and certainly against Shmuel. So how could the purchasers lead the animals (who had acquired Shevisah like their gentile owners) back to Mechuza?
10)
(a)Rava accepted Ravuna's objection. What second ruling did he then issue?
(b)What was Rava's reason for that ruling, and what was the Chidush?
10)
(a)Rava's second ruling was - that the residents of Mavrechta were permitted to purchase the rams (in spite of the fact that they had been brought into Mavrechta from outside the Techum on that day.
(b)This follows what we learnt above, that someone who is forcibly taken from his Techum into another town with a wall, is permitted to walk the entire town (because a town with a wall is considered like four Amos). The rams too, were taken forcibly outside their Techum and placed inside Mavrechta, which had a wall.