Eruvin 26bעירובין כ״ו ב
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26bכ״ו ב

הא רבי אליעזר והא רבנן

This, the mishna here, is in accordance with the opinion of Rabbi Eliezer, while that, the other mishna, is in accordance with the opinion of the Rabbis.

כשתימצי לומר לדברי רבי אליעזר המבטל רשות חצירו רשות ביתו ביטל לרבנן המבטל רשות חצירו רשות ביתו לא ביטל

Rav Sheshet adds: When you examine the matter closely, you will find that according to the statement of Rabbi Eliezer, one who renounces his authority over his share in the courtyard to the other residents of the courtyard also renounces his authority over his own house. However, according to the opinion of the Rabbis, one who renounces his authority over his share in the courtyard to the other residents does not renounce his authority over his own house to them.

פשיטא

The Gemara expresses surprise at this comment: But it is obvious that this is the point over which the tanna’im disagree.

אמר רחבה אנא ורב הונא בר חיננא תרגימנא לא נצרכא אלא לחמשה ששרוין בחצר אחד ושכח אחד מהן ולא עירב

The Gemara answers: Raḥava said: Both Rav Huna bar Ḥinnana and I explained: Rav Sheshet’s explanation was necessary only with regard to the case of five people who lived in the same courtyard, one of whom forgot to join in an eiruv with the others.

לדברי רבי אליעזר כשהוא מבטל רשותו אין צריך לבטל לכל אחד ואחד

According to the statement of Rabbi Eliezer, when he renounces his authority, he need not renounce it to each and every one of the residents, as we already know that Rabbi Eliezer holds that one who renounces authority does so in a generous manner, renouncing authority not only of his share in the courtyard, but also of his own house. Consequently, if he is required to renounce authority to many people, we assume that he does so even if this is not explicitly stated.

לרבנן כשהוא מבטל רשותו צריך לבטל לכל אחד ואחד

In contrast, according to the opinion of the Rabbis, when he renounces his authority, it does not suffice that he renounces it in favor of one person; rather, he must explicitly renounce it to each and every one, as we cannot presume that he renounces authority in a generous manner.

כמאן אזלא הא דתניא חמשה ששרוין בחצר אחד ושכח אחד מהן ולא עירב כשהוא מבטל רשותו אין צריך לבטל רשות לכל אחד ואחד כמאן כרבי אליעזר

The Gemara continues: In accordance with which tanna is the ruling that was taught in the following baraita? If five people lived in the same courtyard, and one of them forgot and did not join in an eiruv with the other residents, when he renounces his authority, he need not renounce his authority to each and every one of the residents. The Gemara asks: In accordance with whose opinion is it? It is in accordance with Rabbi Eliezer, as explained above.

רב כהנא מתני הכי רב טביומי מתני הכי כמאן אזלא הא דתניא חמשה ששרוים בחצר אחד ושכח אחד מהן ולא עירב כשהוא מבטל רשותו אינו צריך לבטל רשות לכל אחד ואחד כמאן אמר רב הונא בר יהודה אמר רב ששת כמאן כרבי אליעזר

Rav Kahana taught the passage this way, as cited above, that it was Raḥava and Rav Huna bar Ḥinnana who applied Rav Sheshet’s explanation to the case of the five people living in the same courtyard. Rav Tavyomei, on the other hand, taught it as follows, that it was Rav Sheshet himself who applied it to that case: In accordance with which tanna is the ruling that was taught in the following baraita? If five people lived in the same courtyard, and one of them forgot and did not join in an eiruv with the other residents, when he renounces his authority, he need not renounce his authority to each and every one of the residents. This statement is in accordance with whose opinion? Rav Huna bar Yehuda said that Rav Sheshet said: In accordance with whom? In accordance with Rabbi Eliezer.

אמר ליה רב פפא לאביי לרבי אליעזר אי אמר לא מבטילנא ולרבנן אי אמר מבטילנא מאי

Rav Pappa said to Abaye: According to the opinion of Rabbi Eliezer, which presumes that one renounces his authority over his house as well, if one who forgot to join in an eiruv with the other residents of the courtyard explicitly stated: I am not renouncing authority of my house, and likewise, according to the opinion of the Rabbis, if he explicitly stated: I am renouncing authority of my house, what is the halakha in such cases?

טעמא דרבי אליעזר משום דקסבר המבטל רשות חצירו רשות ביתו ביטל והאי אמר אנא לא מבטילנא

The Gemara clarifies: Is Rabbi Eliezer’s reason because he maintains in general that one who renounces authority over his share in a courtyard to the other residents presumably also renounces to them authority over his own house, but that since this person explicitly stated: I am not renouncing authority of my house, he therefore maintains his authority?

או דילמא טעמא דרבי אליעזר משום דבית בלא חצר לא עבידי אינשי דדיירי וכי קאמר לא מבטילנא לאו כל כמיניה אף על גב דאמר דיירנא לאו כלום קאמר

Or perhaps Rabbi Eliezer’s reason is because people do not generally live in a house without a courtyard, and therefore anyone who renounces authority over his share in a courtyard automatically renounces authority over his own house regardless of what he says. Therefore, when he says: I am not renouncing authority over my house, it is not in his power to do so, as even though he says: I will continue to live in and retain authority over my house, he has said nothing.

ולרבנן אי אמר מבטילנא מאי טעמא דרבנן משום דקסברי המבטל רשות חצירו רשות ביתו לא ביטל והאי אמר מבטילנא

And the question likewise arises according to the opinion of the Rabbis. If one explicitly stated: I am renouncing authority of my house as well, what is the halakha? Is the reason for the opinion of the Rabbis because they maintain that one who renounces authority over his share in a courtyard to the other residents presumably does not renounce authority over his own house to them, but since this person explicitly stated: I am renouncing authority over my house, the other residents should be permitted to carry?

או דילמא טעמא דרבנן משום דלא עביד איניש דמסלק נפשיה לגמרי מבית וחצר והוי כי אורח לגבייהו והאי כי אמר מבטילנא לאו כל כמיניה קאמר

Or perhaps the for the opinion of the Rabbis is because one does not usually remove himself entirely from a house and courtyard, making himself like a guest among his neighbors. And therefore, when he states: I am renouncing authority over my house, it is not in his power to do so, and his statement is disregarded.

אמר ליה בין לרבנן בין לרבי אליעזר כיון דגלי דעתיה גלי:

Abaye said to Rav Pappa in answer to his question: Both according to the Rabbis and according to Rabbi Eliezer, once one has revealed his wishes, he has revealed them, and everything follows his express wishes.

וכן שמעתי ממנו שיוצאים בערקבלין בפסח: מאי ערקבלין אמר ריש לקיש אצוותא חרוזיאתא:

The mishna records yet another teaching handed down by Rabbi Elai: And I also heard from Rabbi Eliezer another halakha, that one may fulfill his obligation to eat bitter herbs on Passover with arkablin, a certain bitter herb. The Gemara asks: What is arkablin? Reish Lakish said: It is Atzvata ḥaruziyata, a type of fiber that wraps itself around a date palm.



הדרן עלך עושין פסין

מתני׳ בכל מערבין ומשתתפין חוץ מן המים ומן המלח

MISHNA: One may establish a joining of houses in courtyards [eiruv ḥatzerot] in order to permit carrying on Shabbat in a courtyard shared by two or more houses, and one may establish a joining of Shabbat borders [eiruv teḥumin] in order to extend the distance one is permitted to walk on Shabbat; and similarly, one may merge courtyards in order to permit carrying in an alleyway shared by two or more courtyards. This may be done with all kinds of food except for water and salt, as they are not considered foods and therefore may not be used for these purposes.

והכל ניקח בכסף מעשר חוץ מן המים ומן המלח הנודר מן המזון מותר במלח ובמים

The mishna continues with two similar principles: All types of food may be bought with second-tithe money, which must be taken to Jerusalem and used to purchase food (Deuteronomy 14:26), except for water and salt. Similarly, one who vows that nourishment is prohibited to him is permitted to eat water and salt, as they are not considered sources of nourishment.

מערבין לנזיר ביין ולישראל בתרומה סומכוס אומר בחולין

It was further stated with regard to the laws of joining courtyards that one may establish an eiruv teḥumin for a nazirite with wine, even though he is prohibited to drink it, because it is permitted to others. And similarly, one may establish an eiruv teḥumin for an Israelite with teruma, even though he may not eat it, because it is permitted to a priest. The food used for an eiruv teḥumin must be fit for human consumption, but it is not essential that it be fit for the consumption of the one for whom it is being used. Summakhos, however, says: One may only establish an eiruv teḥumin for an Israelite with unconsecrated food.

ולכהן בבית הפרס רבי יהודה אומר אפילו בין הקברות

It was additionally stated that one may establish an eiruv teḥumin for a priest in a beit haperas, a field containing a grave that was plowed over. There is doubt as to the location of bone fragments in the entire area. A priest is prohibited to come into contact with a corpse, and therefore may not enter a beit haperas. Rabbi Yehuda says: An eiruv teḥumin may be established for a priest even between the graves in a graveyard, an area which the priest may not enter by Torah law,