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Eruvin 70
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ERUVIN 70 - Dedicated by Gerald Ziering in honor the very special Rebbi that
his son is currently learning with, Rabbi Elimelech Kornfeld (brother of
Rabbi Mordecai Kornfeld).
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1) [line 3] KENI, AL MENAS L'HAKNOS - acquire our Reshus, in order to
transfer it
2) [line 24] MIDI IRYA?! HA KED'ISA V'HA KED'ISA - is this a proof?! This
[case] is unique unto itself, and the other is unique unto itself.
70b---------------------------------------70b
3) [line 4] YORESH, KAR'EI D'AVUHA HU - (lit. a son who inherits is the foot
of his father) an heir takes the place of his father
*4*) [line 17] CHUTZ MI'MEVATEL RESHUS - that is, the Gemara is inferring
that an heir cannot be Mevatel Reshus since if he could, the Beraisa should
have mentioned it specifically (RASHI). Alternatively, the Gemara is asking
exactly the opposite question. Since the Beraisa says that "Mevatel Reshus"
is permitted even though it could not have been done before Shabbos, it is
implied that even an heir *can* be Mevatel Reshus, although he did not own
the property before Shabbos, and the question is on the opinion of Shmuel
who does not allow an heir to be Mevatel Reshus. (TOSFOS, based on RABEINU
CHANANEL -- see Insights)
5) [last line] MEGURAH ACHAS - (a) a granary (RASHI, RABEINU CHANANEL); (b)
a room (RABEINU CHANANEL)
6) [last line] U'MES GER
(a) When a Jew dies, his closest relatives inherit his estate (according to
the hierarchy established by the Torah as recorded in Bamidbar 27:8-11).
Since all of the Jews are related to each other (at least through Yakov
Avinu and his sons), every Jew must have at least one heir. A convert,
however, may have no heirs (since his non-Jewish relatives do not inherit
his estate). When a convert dies without heirs, his estate becomes Hefker
(ownerless). The first person who takes possession of his belongings becomes
their owner.
(b) In order to take possession of the estate of a convert who dies without
any heirs, one must make a Ma'aseh Kinyan (a formal Halachically-binding act
of possession), as in all cases of taking possession of items that are
Hefker. The forms of Ma'aseh Kinyan that may be used are: for Metaltelin
(movable goods) - (1) Hagbahah, i.e. lifting an item; (2) Meshichah (lit.
pulling), i.e. causing an item to move; (3) Chatzer, i.e. bringing the item
into his domain; for Mekarka'in (real estate) - Chazakah, i.e. performing an
act that is normally performed by an owner.
(c) Examples of Chazakah are Na'al (locking), Gadar (fencing in) and Paratz
(making a breach in a fence to create an entrance) or any act that is done
to *enhance* the land, such as digging to improve a field and the like
(Mishnah Bava Basra 42a).
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