Torah Community Connections

Week 13 - Sunday - 20 Feb. 2000

ERUVIN: CHAPTER 3: MISHNA 1

One may prepare the eruv and one may participate with everything except water and salt. And everything may be purchased with ma''ser money, except water and salt. If a person vows to abstain from mazon, he is permitted water and salt. One may prepare an eruv for the nazir with wine, and for an Israelite with terumah. Symmachus says: "With non-consecrated produce and for the priest in bet haperas." Rabbi Yehudah says: "Even in a cemetery, because he can go outside and eat."

Kehati

One may prepare the eruv - eruvei hatzerot and eruvei tehumin (Rashi, Rabbi Yonatan of Lunel), according to another interpretation: "one may prepare the eruv" refers only to eruvei tehumin, for eruvei hatzerot may be prepared only with bread (Tosafot, Rambarn, Bartenura), and one may participate - partnership in a mavoy (see Introduction to this Tractate), with everything - every kind of food, except water and salt - because they are not food. The Gemara explains that the wording: "one may prepare the eruv and one may participate with everything" is not to be understood literally. A general rule is not absolute, not even when followed by a specific exception, for morils and truffles are also not considered to be food, and one may not prepare the eruv, or participate in it with them. And everything may be purchased with ma'aser money - if a person redeems his ma'aser sheni and takes the redemption money to Jerusalem, he may purchase there, with this money all types of foods and drinks, as it is written: "And you shall bestow the money for whatever your soul desires" (Deut. 14:26), except water and salt - for we learn from this verse, by the methodology of "general rule specification generalization," that only produce that is either fruit or that which comes from the ground may be purchased with the money of ma'aser sheni (see M. S. 1:5).

If a person vows to abstain from mazon - The Gemara explains that his vow did not prohibit only mazon, i.e., food made from the Five Species of grain, but rather anything that provides nourishment, he is permitted water and salt - because they are not defined as nourishing. Even though the nazir must not drink wine, one may prepare an cruv for the nazir with wine - since it is fit for others, and - similarly, one may prepare an eruv - for an Israelite with terumah - since it is fit for eating by the priests, even though it is prohibited to an Israelite. Symmachus says: One may not prepare the eruv for an Israelite with terumah, but rather - With non-consecrated produce - for according to Symmachus, an eruv may be prepared for a person only with food that is fit for consumption by him. The Gemara explains that regarding the nazir, Symmachus agrees that one may prepare an eruv for him with wine, because he can ask for the annulment of his vow, and will then be allowed to drink wine. Terumah, however, cannot become fit for an Israelite, for even though the person who sets aside terumah can also request its annulment on the ground that he erred and set aside the wrong produce, he nevertheless may not eat it. It returns to the status of tevel, and it is prohibited to eat from it until other terumah is set aside from it, and terumah may not be set aside on the Shabbat, not even at twilight.

And for the priest in bet haperas - if a grave has been plowed over in a field, the area of the 100 amot surrounding the grave is called "bet haperas," i.e., the entire area may be unclean owing to the corpse. By Rabbinic law, its earth imparts uncleanness by contact or when carried, for we fear that the plow dragged with it a bone the size of a barley-corn from the corpse. (The word perasv comes from the verse: "divide [paros] your bread with the hungry" [Isa. 58:7], for the plowing causes the bones to be broken and scattered from the grave.) The mishnah teaches that although, by Rabbinic law, the priest is forbidden to enter there, the Sages permitted the placing there of eruv tehumin on his behalf, because he can reach the place of his eruv, examining the way as he walks, to avoid coming in contact with a bone the size of a barley-corn.

Rabbi Yehudah says: It is permitted to set down an eruv tehumin for a priest, even in a cemetery - which is unclean by Torah law, because he can go outside - according to another version, because he can make a partition [lahutz] between himself and the graves and go, e. g., he enters there in a chest, a box, or a closed wagon, so that he will not become unclean, and eats - there his eruv (the Gemara explains how he takes the food there); he therefore may establish his eruv, even in the cemetery.

The Gemara explains that the Sages disagreed with Rabbi Yehudah, even regarding an Israelite, and they hold that it is prohibited to set down eruvei tehumin in a cemetery; the mishnah mentioned the priest only in order to show that Rabbi Yehudah allows even a priest to make his eruv there. The root of their disagreement is the prohibition to derive benefit from a cemetery. Rabbi Yehudah holds that since eruvei tehumin are made only for the purpose of a mitzvah, and the mitzvot were not given to derive benefit from them,it is permitted to set down the eruv in the cemetery. Even though the eruv remains there after the obligation has been performed through it, for he establishes his Shabbat station there at twilight, and at times it remains there throughout the entire Shabbat, Rabbi Yehudah holds that a person is not particular about his eruv being stolen or lost after he has established his Shabbat station. There is, therefore, no benefit derived from it, and he may establish his eruv in the cemetery. The Sages, however, hold that a person is particular about his eruv even after he has established it, and he does not want it to be stolen. Therefore, when the eruv is kept in the cemetery after the mitzvah has been fulfilled, he derives benefit from a cemetery, which is forbidden. An eruv tehumin may therefore not be placed in a cemetery. This is the halakhah.

ERUVIN: CHAPTER 3: MISHNA 2

One may prepare the eruv with demai, and with ma'aser rishon from which terumah has been taken, and with ma'aser sheni and consecrated produce that have been redeemed, and the priests with hallah and with terumah. But not with tevel, and not with ma'aser rishon from which terumah has not been taken, and not with ma'aser sheni and consecrated produce that have not been redeemed. If a person sends his eruv by the hand of a deaf-mute, an imbecile, or a minor, or by the hand of one who does not admit the lawfulness of the eruv it is not an eruv, but if he told another to receive it from him, then it is an eruv.

Kehati

They may prepare the eruv - eruvei tehumin and eruvei hatzerot, and similarly they may establish a partnership in a mavoy, with demai - a loaf which was purchased from a common person, who is suspected of not having set aside ma'aser. Though it may not be eaten until ma'aser has been set aside from it, due to the doubt (see the Introduction to Tractate Demai"), an eruv may be prepared with it, because it may be eaten by the poor, as it has been taught: "They may give the poor demai to eat" (Dem. 3:1). It is also fit for him, because he may declare all his property ownerless, thereby becoming a poor person, and with ma'aser rishon from which terumah - terumat hama'aser, has been taken - even though primary terumah (terumah gedolah) has not been taken from it, e. g., the Levite came first to take his md'aserhom ears, i.e., before being subject to the obligation of terumah. In such a case the Levite is exempt from setting aside primary terumah from it (see Ber. 7:1), and therefore he may make an erm with it; and with ma'aser sheni and consecrated produce that have been redeemed - even if they have been redeemed without the additional one Fifth obligatory for the owner who redeems his ma'aser sheni or his consecrated produce for the non-payment of the additional one fifth does not invalidate the redemption, and the produce may be eaten and used for the eruv, and the priests - may prepare the eruv - with hallah - that is separated from the dough and given to the priests, and with terumah - though mishnah 3:1 states that even for an Israelite the eruv may be prepared from terumah, this mishnah uses the wording, "and the priests with hallah and with terumah,'' because the priests were accustomed to prepare the eruv with them for they were usually available in their homes. Furthermore, since this clause is also taught in Tractate Pesahim (2:5), where it applies to priests only, this mishnah uses the same wording (Rabbeinu Asher, Tosefot Yom Tov); but - one may not - prepare the eruv - with tevel - i.e., food from which terumah and ma'aser have not been taken, because it is forbidden for a priest also. The Gemara explains that this applies also to Rabbinic tevel, e. g., produce sown in an unperforated pot; and not with ma'aser rishon from which terumah has not been taken - there is no need for the mishnah to mention that it is forbidden to make an eruv with ma'aser rishon from which terumat ma'aser has not yet been taken, since such produce is outright tevel. Rather, the mishnah refers to ma'aser taken before terumah gedolah has been separated, e.g., the Levite collected ma'aser rishon after the pile had been evened, when the produce was already liable to terumah. In such a case the Levite must set aside from his ma'aser terumat hama'aser, as well as terumah gedolah, and as long as the latter has not been set aside, the ma'aser is tevel and the eruv may not be prepared with it.

and not with ma'aser sheni and consecrated produce that have not been redeemed - or if they were redeemed improperly, e. g with uncoined bullion, or consecrated property redeemed with land, in which case the redemption is not valid (see Shab. 18:1); such ma'aser sheni and consecrated produce may not be eaten, and the eruv may therefore not be prepared with them.

If a person sends - food to be placed at the 2,000 amot limit, for his eruv eruv tehumin, by the hand of a deaf-mute, an imbecile, or a minor - who are mentally incompetent, or by the hand of one who does not admit the lawfulness of the eruv - such as a Cuthean, it is not an eruv - because the deaf-mute, the imbecile, and the minor, are not competent to be agents, because they are incapable of saying, "The Shabbat station of so-and-so is in this place"; and the person who does not admit the lawfulness of the eruv is not qualified because we suspect that he will not fulfill this mission; and even if the person who sent him saw him setting down the eruv in the specified location, it is not valid, for we suspect that the agent did not intend to establish it as the former's Shabbat station (Rabbi Yonatan ofLunel),

but if he told another to receive it - the eruv, from him - the deaf-mute, the imbecile, the minor, or the Cuthean, and the other person will set down the eruv on his behalf, then this is an eruv - the Gemara explains that this refers to a case in which "he stood and saw him"; Rashi interprets this to mean that he saw him until he carried it, i.e., the person sending him sees that the unqualified person carries the eruv to another person, and even if he did not see that the other person received it from him, this is sufficient, for we say that we assume that the agent fulfilled his commission (thus interpret also Rabbi Yonatan ofLunel, Rabbeinu Hananel, and Hameiri). According to another interpretation, "he stood and saw him" means that the person who sends the eruv sees when the other person receives it from the hand of the unqualified person, though he does not see that the other person carries it to the place of the eruv, for we assume that the agent fulfills his mission (Ramban, commentary on the Mishnah; Bartenura)

Return to Mishna Yomit Index

Visit the Mishna Yomit Archives