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Week 15 - Monday - 6 March 2000

ERUVIN: CHAPTER 6: MISHNA 2

Rabban Gamliel said: "It once happened that one Sadducee was dwelling with us in a mavoy in Jerusalem, and Father said to us: "Hurry and carry out all the vessels to the mavoy before he carries out and restricts you." Rabbi Judah said: With another wording, "Hurry and perform your requirements in the mavoy before it goes out and he will restrict you."

Kehati

After the preceding mishnah taught that whoever does not acknowledge the institution of the eruv has the legal status of a non-Jew, the current mishnah discusses the status of the Sadducee. The Sadducee is different from the Cuthean, for he is an Israelite who became a heretic and does not acknowledge the Oral Torah (Rashi). The Sadducees were a sect in Judea during the time of the Second Temple who rejected the oral Torah. They were called "Sadducees" after the founder of the sect, Zadok, who was a pupil of Antignos of Sokho . The Gemara explains that the following phrase is missing from the beginning of the mishnah: "A Sadducee is as a non-Jew. Rabban Gamliel says, He is not as a non-Jew," i.e., the renunciation of his rights is effective, and he need not rent his rights, as does a Gentile. To support his opinion, Rabban Gamliel cites an occurrence that took place in his father's house.

Rabban Gamliel said, "It once happened that one Sadducee was dwelling with us in a mavoy in Jerusalem - and he renounced his rights in our favor on Shabbat eve (Rashi, Rambam), and the father said to us: "Hurry and carry out all the vessels to the mavoy - and take possession of it at the time the Shabbat enters, before he - the Sadducee, carries out - his vessels, to the mavoy, and restricts you" - i.e., if the Sadducee will carry out his vessels to the mavoy first, he may retract his renunciation, and thus restrict you. But if you will take possession of the mavoy before he carries out his vessels to the mavoy, he will no longer be able to retract. Even though this method of taking possession is unlike the other methods by which land is acquired, it is valid here because the Sages were lenient regarding eruvs. (Rabbi Yonatan of Lunel, Hameiri).

Rabbi Yehudah - holds that the Sadducee has the legal status of non-Jew, and his renunciation of rights is not effective, and Rabban Gamliel's father - said - to the members of his family, With another wording, "Hurry and perform your requirements in the mavoy - on Shabbat eve, before it - the day (Gemara), goes out - i.e., before nightfall, and he - the Sadducee, will restrict you."

ERUVIN: CHAPTER 6: MISHNA 3

People of a courtyard one of whom forgot and did not make an eruv - his house is forbidden to him and to them to carry in and to carry out, and theirs are permitted to him and to them. If they gave him their right - he is permitted and they are prohibited. If there were two, they restrict one another; for one may give the right and may take the right, two may give the right but they may not take the right.

Kehati

As has already been mentioned, if one of the inhabitants of a courtyard did not make the eruv with the other inhabitants, then he restricts them in carrying out from their houses to the courtyard, or carrying in from the courtyard to their houses. If, however, he renounced his rights in his house and in his courtyard in their favor, all of them may carry from their houses to the courtyard, and from the courtyard to their houses, for since the person who did not make the eruv has renounced all his rights there, he is as a guest of the other inhabitants of the courtyard, and a guest does not invalidate their eruv. The current mishnah discusses the case in which he renounced only his rights in the courtyard.

People of a courtyard one of whom forgot and did not make an eruv - eruvei hatzerot, with the other inhabitants of the courtyard. The Gemara explains that this refers to a case in which the person who forgot to make an eruv renounces his rights in the courtyard, but he did not say that he renounced in their favor also his rights in his house. This Tanna holds that if a person renounces his rights in the courtyard, he has not renounced his rights in his house (Eruv. 69b). Therefore his house is forbidden to him - to the person who did not make the eruv, and to them - the other inhabitants of the courtyard who made an eruv among themselves, to carry in and to carry out - to carry in from the courtyard to his house, and from it to the courtyard. Since he did not renounce in their favor his rights in his house, but only his rights in the courtyard, his house is a domain designated for him, and the courtyard is a domain designated for them. and - but, theirs - their houses, are permitted to him and to them - since he renounced in their favor his rights in the courtyard, their houses, together with the courtyard, have been made as one domain by the eruv, and he himself becomes their guest who may carry within the entire domain of the host. Therefore, both he and they may carry out into the courtyard from the houses and from the courtyard into the houses of the inhabitants of the courtyard who made the eruv. If they - the inhabitants of the courtyard who made an eruv, gave him their right - renounced, in his favor, their rights in the courtyard, he is permitted - to carry from his house to the courtyard and from the courtyard to his house, for it all is as his domain. But he is not permitted to carry to and from their houses, for they renounced in his favor only their rights in the courtyard, and they are prohibited - from carrying into and out from their houses, and they are also forbidden to carry out from his house, for they are not considered as his guests, for an individual can be considered the guest of many, but many are not considered guests of an individual.

If there were two - who forgot and did not make an eruv, and the other inhabitants of the courtyard who had made an eruv among themselves renounced in their favor their rights in the courtyard - they restrict one another - for now, the courtyard is the domain of these two, and they did not make an eruv. Therefore, they may not carry from the houses into the courtyard or from the courtyard into the houses. The Gemara explains that even if one of them relinquished his rights in favor of his fellow, this is not effective, because at the time the other inhabitants renounced their rights in favor of these two, their renunciation had not been effective, for one restricts his fellow. It follows that the courtyard is therefore still the domain of all of them, and the renunciation of rights by one in favor of his fellow is not effective; for one may give the right - renounce his rights in favor of all the other inhabitants of the courtyard, with whom he did not make an eruv, and may take the right - from the inhabitants who made an eruv, because they may renounce their rights in his favor; two - who did not make an eruv, may give the right - renounce their rights in favor of the other inhabitants who did make an eruv, but they may not take the right - from the others, for the inhabitants who made an eruv among themselves may not renounce their rights in favor of the two who did not make an eruv, since the latter restrict each other, as explained above. The Gemara states that if a person renounces his rights in favor of the inhabitants of the courtyard, he must state explicitly that he renounces in favor of each and every one.

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