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Week 16 - Monday - 13 March 2000

ERUVIN: CHAPTER 7: MISHNA 6

How do they participate in the mavoy? He places there a cask and he says: "This belongs to all the people of the mavoy." He confers possession upon them through his adult son or daughter, through his Hebrew manservant and maidservant, and through his wife; but he does not confer possession through his son or his daughter that are minors, or by his Canaanite bondman or bondwoman, because their hand is as his hand.

Kahati

This mishnah deals with "partnership (shituf) in a mavoy." As has already been mentioned, there is a difference between eruvei hatzerot and shituf in a mavoy, for the former may be made only with bread, but the latter with any type of food. This mishnah teaches that one inhabitant of the mavoy may, with his own food, effect the shituf on behalf of all the inhabitants of the mavoy, it being necessary to collect food from each one.

How do they participate in the mavoy? He – one inhabitant of the mavoy, places there a cask – if his own, of wine, of oil, or of any other type of food, in the place where he wants to set down the shituf and he says: "This belongs to all the people of the mavoy." He confers possession – of the cask, upon them – through another person, to whom he says, "Receive this cask, and take possession of it on behalf of all the inhabitants of the mavoy"; and even - through his adult son or daughter – for since they are adults and he has no authority over them, they may take possession of the cask on behalf of the inhabitants of the mavoy, through his Hebrew manservant and maidservant – for since he has not acquired their bodies, their hand is not as his hand, and through his wife – if she is not maintained by him; according to one opinion, even if she is maintained by him (see Tosafot Yom Tov); but he does not confer possession – of the cask upon [them], through his son or his daughter that are minors, or by his Canaanite bondman or bondwoman, because their hand is as his hand – and therefore the food did not pass from his possession into the possession of another person, in order to take possession of it on behalf of the inhabitants of the mavoy. The Gemara states that the person who takes possession on behalf of the inhabitants of the mavoy raises the food of the shituf one tefah from the ground, and says: "I have taken possession on their behalf" for as long as the food is in the possession of the person who confers possession on them, the inhabitants of the mavoy have not taken possession. According to one opinion of the Gemara, even if each person gives of his own food of the shituf has been placed one tefah from the ground so that this will be evident (Rambam, Hil. Eruvin 1:17).

ERUVIN: CHAPTER 7: MISHNA 7

If the food diminished – he adds and confers possession, and there is no need to inform. If they increased – he adds and confers possession, and he must inform.

Kahati

If the food – that had been placed in the cask for the purpose of the shituf in the mavoy, diminished – from the amount specified below (mishnah 8), he adds – food to the shituf either from the food of the inhabitants of the mavoy, or from his own, and confers possession – upon the inhabitants of the mavoy, through another person, if he adds from his own food, and there is no need to inform – the inhabitants of the mavoy, since they had already agreed, at the beginning of the shituf. The Gemara explains that if some of the first type of food remained, he is not required to inform them, even if he adds from a second type from the food of the inhabitants of the mavoy, and he certainly is not required to inform them if he adds from his own food and confers possession upon them.

If however, nothing remained of the food of the shituf and he places food of the inhabitants of the mavoy, then he must inform them id it is of another type of food – because they may be particular about this. But if it is of the same type, he does not need to inform them. If however, he gives from his own food, he does not need to inform them even if it is another type of food. If they – inhabitants, increased – he adds – food, from their food, to the shituf and – or, confers possession – upon them, from his food, and he must inform – the additional inhabitants that he has included them in the shituf. According to another interpretation: "he adds and confers possession" – upon them, from his own food, "and he must inform" – them, if he added from their food (Rashi, Rabbi Yonatan of Lunel). According to a third opinion, this mishnah refers to a case in which the courtyard has two doorways, to two mavoys. In such a case, a person who makes an eruv with the inhabitants of one mavoy, may not make use of the other mavoy to the other. If, however, the courtyard has a doorway only to one mavoy, he need not inform, for one may act on behalf of a person to his advantage in his absence (Rambam, Bartenura).

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