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Eruvin 59

1) [line 12] IR SHEL YACHID ... IR SHEL RABIM

(a) ERUV AND SHITUF - King Shlomo decreed that transferring objects from a Reshus ha'Yachid owned by one party to that owned by another party is forbidden, unless an *Eruv Chatzeiros* (lit. a mixing of the courtyard, Rambam Hil. Eruvin 1:6, or fraternization of the courtyard, Eruvin 49a) is created on Friday, before Shabbos begins. (Shabbos 14b, Eruvin 21b). (The equivalent of an Eruv Chatzeiros for an alley or a city is called a *Shituf Mavo'os*.) This is accomplished by all of the neighbors collectively setting aside a loaf of bread, in one common container, in one of the houses of the courtyard (or, in the case of Shituf, in one of the courtyards of the alleyway). This shows that all neighbors have an equal share in all of the Reshuyos ha'Yachid, just as they all have a share in that bread. Through this act, they can be considered one Reshus.

(b) However, the Rabanan decreed that one Eruv Chatzeiros will not suffice for an entire Ir Shel Rabim (a public city), even if it does not have alleys which open onto Reshus ha'Rabim and need a Lechi or Korah (see Introduction to Maseches Eruvin, [II]:1) e.g. if it has no streets that are 16 Amos wide (Rashi) or if its Reshuyos ha'Rabim were closed with a Tzuras ha'Pesach -- see Background to Eruvin 24:16. The decree was enacted lest people forget that an Eruv Chatzeiros was made in this city, and that it does not have a Reshus ha'Rabim mid'Oraisa, which may bring them to carry in a Reshus ha'Rabim mid'Oraisa. Accordingly, the method employed to make an Eruv Chatzeiros for an entire city is to leave out one section of the city from the Eruv (a "Shiyur"). This section may then make a separate Eruv Chatzeiros, but it is prohibited for them to transfer objects into the main part of the city and vice-versa. The Shiyur causes people to remember that an Eruv Chatzeiros was made in the city for the purpose of carrying objects. Even if this Ir Shel Rabim later becomes an Ir Shel Yachid (a private city), a Shiyur is still necessary, lest it revert back to being a public city in the future (Rashi 59a DH v'Shel Rabim).

(c) An Ir Shel Rabim is a city that has some type of Reshus ha'Rabim, but its exact definition is the subject of a dispute among the Rishonim:

(1) RASHI - The city has Reshuyos ha'Rabim where 600,000 people walk even if none of the streets are 16 Amos wide. (That is, it is not a Reshus ha'Rabim mid'Oraisa. A person will not be Chayav for carrying objects in it a distance of four Amos, since it does not fulfill the two conditions of 600,000 people and 16 Amah-wide streets.)
(2) RITVA, citing the GE'ONIM - The city has streets that are 16 Amos wide. (According to these Ge'onim, the condition of 600,000 people is unnecessary even to be Chayav for carrying objects a distance of four Amos. Thus its Reshuyos ha'Rabim are Reshuyos ha'Rabim mid'Oraisa.)
(3) RITVA, RAMBAM - A city that has a Reshus ha'Rabim mid'Oraisa and is not the personal property of a private individual. (This explains the wording of the Mishnah Ir *Shel* Rabim - *of* the public.)
(d) According to all opinions, a private city does not need a Shiyur, even if it becomes a public city and even if it has in it Reshuyos ha'Rabim mid'Oraisa (which have been properly closed with a Tzuras ha'Pesach and its Mavo'os were closed with Lecheyayin); Such a city will not be confused with normal Reshuyos ha'Rabim. A public city whose Reshuyos ha'Rabim are not open on both ends also does not need a Shiyur (since in order to be classified as a Reshus ha'Rabim, a street must be open on both ends).

2) [line 15] K'IR CHADASHAH SHE'B'YEHUDAH - like the city named "Chadashah" (RASHI 59a), which was located in the portion of the tribe of Yehudah, as mentioned in Yehoshua 15:37 (RASHI Kidushin 76a)

3) [line 19] (D'ISKARTA) [DISKARTA] D'REISH GALUSA - the private town of the Reish Galusa
*4*) [line 19] AMAR LEI RAV NACHMAN, MAI TAIMA - that is, why does it have to be the town of an important person, such as the Reish Galusa?

5) [line 20] D'SHECHICHEI GABEI HARMANA - people are commonly found by the ruling authority, the Reish Galusa

6) [line 21] B'TZAFRA D'SHABATA - on Shabbos morning at the Derashah
7) [line 22] DISKARTA D'NATZU'EI - the private town of Natzu'ei

59b---------------------------------------59b

8) [line 11] REGEL HA'MUTERES BI'MEKOMAH, OSERES AFILU SHE'LO BI'MEKOMAH
(a) All inhabitants of a courtyard must make an Eruv Chatzeiros together.
(b) The Tana'im argue as to whether those who regularly walk through a courtyard or Mavoy but live in a different courtyard or Mavoy have to be joined to the Eruv of the former. For example, must the inhabitants of an inner courtyard be included in the Eruv of an outer courtyard?
(c) One Tana rules that they must be included (Regel ha'Muteres bi'Mekomah, Oseres Afilu she'Lo bi'Mekomah). Another Tana rules that they need not be included in the Eruv. A third Tana rules that only if the members of the inner courtyard did not make an Eruv among themselves do they interfere with the Eruv of the outer courtyard (Regel *ha'Asurah* bi'Mekomah, Oseres Afilu she'Lo bi'Mekomah). (Eruvin 75a)

9) [line 22] ACHADA L'DASHA U'MISHTAMSHA - closes the door [of the inner courtyard] and uses it

*10*) [line 26] D'AVUD DAKAH - (a) they make a low entryway at the *entrance* of the Mavoy (RASHI); (b) they make a low opening which is four Tefachim wide in the wall of the city at the *end* of the Mavoy so that they do not have to go through the gates of the city (RITVA in the name of RASHI, TOSFOS RID); (c) they make a raised platform at the *entrance* of the Mavoy (GEONIM) which is three (RITVA, RASHBA, MEIRI), four (TOSFOS), or ten Tefachim high (ROSH, RAN, and TOSFOS according to the BEIS YOSEF and MAHARSHAL). The purpose of the Dakah is to make it less likely that one will walk through the entrance. This effectively cuts off those on one side of the entrance from those on the other side (whether the entrance leads to a Reshus ha'Rabim, a Mavoy or a Chatzer).

11) [line 32] SAVEI DIDAH - the elders of the city
12) [line 36] D'IPANYA LAH - that it was removed
13) [line 38] LAV A'DA'ATAI - I did not know
14) [line 41] LO TATZISU LEI - do not listen to him
15) [last line] MIRPESES - (O.F. aledoir) a common balcony by which the residents of a second story go down to the courtyard and to Reshus ha'Rabim

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