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Mishna Yomit Program
Week 15 - Sunday - 5 March 2000

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ERUVIN: CHAPTER 5: MISHNA 9

Rabbi Akiva said to them: "Do you not agree with me that a person who places his eruv in the cave has only 2,000 amot from the place of his eruv?" They said to him, "When? When there are no inhabitants in it, but if there are inhabitants in it, he may walk throughout it and beyond it 2,000 amot." Thus its interior is less stringent than its exterior. And to the person who measures, about whom they spoke, they give him 2,000, even if his measure ends in the cave.

Kehati

This mishnah continues the preceding mishnah, and the discussion between Rabbi Akiva and the Sages about the case of the person who places his eruv in a town.
Rabbi Akiva said to them - the Sages, - and the entire cave is not accounted for him as 4 amot? And why do you disagree with me regarding the case of a person who places his eruv in the town?

They - the Sages, said to him - Rabbi Akiva, "When - is the cave not accounted for the person who places his eruv in it as 4 amot? When there are no inhabitants in it - i.e., that it is not fit for habitation (Gemara), e. g., its wall collapsed and one is afraid to spend a night in it, but if there are inhabitants in it - i.e., if it is fit for habitation, even though there are no inhabitants in it at present, he - the person who puts his eruv in it, may walk throughout it and beyond it 2,000 amot" - for the entire cave is accounted for him as 4 amot. Thus its - the cave's - interior is less stringent than its exterior - for the person who puts his eruv inside the cave which is fit for habitation has 2,000 amot besides the cave. However, the person who puts his eruv on top of the cave has only 2,000 amot from the place of his eruv, since the top of the cave is not fit for habitation.
And to the person who measures, about whom they - the Sages, spoke - in the preceding mishnah, that he measures from the place of his Shabbat station 2,000 amot, they give him 2,000 - i.e., even though the Sages disagree with Rabbi Akiva regarding the case of the person who puts his eruv in a cave that is fit for habitation, and say that all of it is accounted for him as 4 amot, they nevertheless agree with Rabbi Akiva that a person who measures his Shabbat bounds from the place of his Shabbat station has only 2,000 amot, even if his measure ends in the cave - he may walk in it only to the end of the measure of his Shabbat bounds, even if it is habitable (see the preceding mishnah).

ERUVIN: CHAPTER 6: MISHNA 1

If a person dwells with a Gentile in a courtyard, or with a person who does not acknowledge the eruv, then this one restricts him; so Rabbi Meir. Rabbi Eliezer ben Ya'akov says: He never restricts, unless two Israelites restrict one the other.

Kehati

From here to the end of the ninth chapter, the mishnayot deal with eruvei hatzerot and partnerships in a mavoy (see the Introduction to this Tractate). It has already been taught that if one of the inhabitants of the courtyard did not participate in the eruv, then he prohibits all the inhabitants from carrying from their houses to the courtyard, and from the courtyard to their houses. This inhabitant may, however, renounce his rights in the courtyard in favor of the other inhabitants. This he may do even on the Shabbat. Then all are permitted to carry in the courtyard. This mishnah teaches that if one of the inhabitants in the courtyard is a Gentile, then he prohibits the Israelite inhabitants from carrying from their houses to the courtyard, and from the courtyard to their houses. In such a case, neither an eruv nor the renunciation of rights permits carrying, unless the non-Jew carrying rents to the Israelite the rights he possesses in the courtyard.
If a person dwells with the non-Jew in the courtyard, or with a person who does not acknowledge the eruv - such as a Cuthean, then this one restricts him - the Israelite, who may not carry from his house to the courtyard and from the courtyard to his house, unless he rents from him the rights he possesses in the courtyard; so Rabbi Meir - who holds that even if one Israelite dwells with the Gentile in the courtyard, the latter restricts him.

Rabbi Eliezer ben Ya'akov says: He - the non-Jew, never restricts, until two Israelites restrict each other - The Gemara explains that both Rabbi Meir and Rabbi Eliezer ben Ya'akov hold that the dwelling of a non-Jew is not considered to be a "dwelling," and by law the non-Jew does not restrict the Israelites who dwell together with him in one courtyard in carrying. The Sages, however, enacted that the non-Jew restricts them unless he rents them his rights. This was established in order to prevent the Israelites from dwelling with a non-Jew, so that they will not learn from his deeds, for the non-Jew is unlikely to agree to rent his rights to an Israelite, and as a result he prevents them from carrying in the courtyard. Rabbi Eliezer ben Ya'akov holds that the Sages enacted this prohibition only if two or more Israelites dwell in one courtyard with a non- Jew, because this is a common occurrence. This prohibition does not apply, however, in the case of one Israelite who dwells in one courtyard with a non-Jew, for since the Gentile is prone to bloodshed, it is not common for one Israelite to dwell in the same courtyard with a non-Jew (the Sages have ruled that an Israelite may not be alone with a non-Jew [A. Z. 2:1]). Rabbi Meir, on the other hand, holds that since there are instances in which a single Israelite dwells together with a Gentile in one courtyard, the prohibition of carrying in a courtyard inhabited by a Gentile applies also in the case of a single Israelite, for the above - stated reason. Tosafot explains (Eruv. 61b) that the Sages' main reason for this prohibition was not the Cuthean but the Gentile whose deeds might be imitated by the Israelite. However, the prohibition was extended to the Cuthean, and Rabbi Meir and Rabbi Eliezer ben Ya'akov disagree regarding the Gentile as well as the Cuthean. According to one opinion, the Sages enacted the prohibition regarding the Cuthean also in order to prevent the Israelite from learning from his deeds (Rabbi Yonatan of Lunel).

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