ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf
Eruvin 35
ERUVIN 31-35 - have been dedicated by Mrs. Rita Grunberger of Queens, N.Y.,
in loving memory of her late husband, Yitzchok Yakov ben Eliyahu Grunberger,
whose Yahrzeit is the 10th of Sivan.
|
Questions
1)
(a) Rabah and Rav Yosef establish the Machlokes between the Tana Kama in
our Mishnah (who *validates* the Eruv in the tower whose key is lost) and
Rebbi Eliezer (who does *not*), by a *wooden* tower - According to them, the
Tana Kama considers a wooden cupboard to be a vessel, to which we apply the
principle 'Ein Binyan u'Setirah be'Kelim' (in which case, one is permitted
to break it, in order to get to the fruit); whereas Rebbi Eliezer considers
it to be an Ohel, to which Binyan and Setirah apply. Since the Tana Kama
permits breaking the cupboard, the Eruv is accessible, and is therefore in
the same Reshus as the owner.
(b) Rabah and Rav Yosef contend that a Zav can transmit Tum'as Heset to a
vessel, but not to an Ohel. Consequently, the Tana Kama of the Mishnah in
Zavin, who renders a large cupboard on which a Zav banged, Tamei, must hold
like the Tana Kama of our Mishnah, who considers a cupboard to be a vessel;
whereas Rebbi Nechemyah and Rebbi Shimon, who declare it Tahor, consider it
an Ohel, like Rebbi Eliezer.
(c) The Zav must have banged the cupboard - with his gloved fist or with a
flat wooden vessel, which do not transmit Tum'ah through mere contact.
Because had he banged it with his bare fist, it would be Tamei through
contact with a Zav, and not through Heset (moving).
2)
(a) Based on the Beraisa in Zavin, Abaye learnt that a Zav can even be
Metame (be'Heset) an Ohel.
(b) If the object moves directly due of the Zav's force, then anything, even
an Ohel, becomes Tamei; but if it moves only as a result of the vibrations,
it does *not*.
(c) According to Abaye, the Machlokes Tana'im in the Mishnah in Zavin is
when the cupboard which the Zav banged did not actually move, but
only vibrated: the Tana Kama compares this to moving it directly, and it is
Tamei; whereas Rebbi Nechemyah and Rebbi Shimon compare it to causing
vibrations, which in turn, cause things to move, in which case it remains
Tahor.
3)
(a) Abaye and Rava (who establish our Mishnah by a wooden tower) explain -
that the lock whose key has been lost is tied with a rope which now needs to
be cut. The Tana Kama, who validates the Eruv, considers it accessible,
because he holds like Rebbi Yossi, who allows one to take vessels on Shabbos
(with a couple of notable exceptions), to use for anything that is
permissible; whereas Rebbi Eliezer holds like Rebbi Nechemyah, who forbids
taking a vessel for any purpose other than for the one for which it was
made. Consequently, since no knife is specifically made for cutting the rope
that ties locks, it is not possible to gain access to the Eruv on Shabbos.
(b) There no Isur d'Oraysa per se in cutting the rope - since it is merely
Kilkul (because it spoils the rope).
(c) It will not however, be permitted to cut the rope on Shabbos, because,
due to the resemblance to the Melachah of Soser, Chazal forbade it. However,
it is not forbidden during Bein Hashemashos of Erev Shabbos - since the Tana
holds like Rebbi. Consequently, the Eruv is valid.
4)
(a) The Eruv becomes invalidat, if it rolls away before Shabbos - only if it
rolled at least four Amos outside the Techum Shabbos.
(b) If a pile of stones fell on the Eruv, or it got burnt, or if it was
Terumah and became Tamei - it becomes invalid.
(c) The pile of stones renders the Eruv invalid - not because it is Muktzah,
but because they are heavy stones which require tools to remove them, thus
making this a Melachah d'Oraysa (I am not certain why), and even Rebbi will
agree that doing so is forbidden during Bein Hashemashos, and the Eruv is
invalidated.
(d) Should any of these occur on Shabbos, the Eruv is valid, since it was
still intact when Shabbos entered.
5)
(a) 'Harei Zeh Chamar Gamal' - means that, not only is the Eruv invalid, but
that one cannot even walk from his house in the opposite direction from the
Eruv - only in between his residence and the Eruv (taking into account both
Chumros: of what would have been forbidden had the Eruv been effective, and
had it not). The connotation of the name is like someone who tries to leads
a donkey and a camel at the same time: one normally walks behind the donkey,
but in front of a camel, so how does one handle them both simultaneously?
(b) Rebbi Yossi and Rebbi Shimon - quote five elders who say that a Safek
Eruv is valid.
(c) Had the Tana just mentioned an Eruv that rolled away - we would have
said that *that* case becomes invalid because it is no longer there with
him, whereas the Eruv which is buried under a pile of rubble *is* (so
perhaps it remains valid). On the other hand, had it mentioned only the
latter case, we would have said that the Eruv is invalid there, because it
is covered, which is not the case by the Eruv that rolled away.
(d) The Tana mentioned the case when the Eruv got burnt - to show the extent
of Rebbi Yossi, who validates the Eruv even though it is no longer in
existence; and it mentions the case when it became Tamei - to show the
extent of Rebbi Meir, who invalidates it even though it *is*.
35b---------------------------------------35b
Questions
6)
(a) Rebbi Meir agrees that a Tamei person who is in doubt whether he Toveled
or not, remains Tamei - by a Tum'ah d'Oraysa.
(b) By a Tum'ah de'Rabbanan e.g. if he ate half a P'ras of Tamei food, or if
he entered with his head and most of his body into a bath of drawn water,
and then, in either case, he Toveled in such a way that his Tevilah was a
Safek - Rebbi Meir holds thathe is Tahor mi'Safek.
(c) According to Rebbi Yossi, he is Tamei even if his Tum'ah was only a
Tum'ah de'Rabbanan.
(d) The Mishnah incorporates in this Din someone who knows for certain that
he Toveled, but he is not sure whether the Mikvah in which he Toveled
contained forty Sa'ah or not; or if there were two Mikva'os, one of which
contained forty Sa'ah, whilst the other did not, and he does not know in
which Mikvah he Toveled.
7)
(a) Rebbi Meir is stringent with regard to Tevilah in the cases of d'Oraysa.
Why then, asks the Gemara - is he lenient in our Mishnah by Eruv (Techumin),
which (the Gemara currently believes) is also d'Oraysa?
(b) Not so! answers the Gemara - Rebbi Meir holds that Eruvei Techumin is
de'Rabbanan, in which case, his two statements are consistent.
(c) The size rope used for measuring the Techum Shabbos was fifty Amos.
8)
(a) 'Yachol Lehavli'o' - means that, if the people who were measuring the
Techum Shabbos encountered a ravine, then, provided from edge to edge
measured less than fifty Amos, they would use the regular rope, and ignore
the slope, by one person standing at one edge holding one end of the rope,
and the other, standing at the other edge holding the other end.
(b) 'Shama'ti she'Mekadrin he'Harim' - means that, if the fifty Amos is too
short to cover the gap, then they would use a small rope of four Amos, and
stretching it taut, the man who stood below would hold one its one end by
his heart, and the other man (the one standing above), would hold the other
end by his feet (this would ensure that the rope remained at an angle of a
hundred and eighty degrees, thereby avoiding the increase in distance caused
by the slope.
(c) When measuring the Techum of an Ir Miklat or the distance between two
towns with regard to an Eglah Arufah - they would measure the distance as it
was, neither 'be'Havla'ah' nor by means of 'Mekadrin be'Harim'.
(d) Rebbi Meir himself holds that Techumin d'Oraysa. When he issued the
ruling of 'Mekadrin be'Harim', he was quoting Rebbi Dusta'i b'Rebbi Yana'i,
who holds Techumin de'Rabbanan, but he himself did not agree with that.
9)
(a) The Chachamim rule that someone who touched a Safek Chai, Safek Mes
during the night, and in the morning he is found to be dead, is Tamei -
because 'by all Tum'os, we go after how they are found (i.e. since they
found the corpse dead, we assume that it was dead when the person touched
it).
(b) Rebbi Meir holds that he is Tahor - because he has a Chezkas Chai, and
we say that he only just died. This appears to clash with Rebbi Meir in our
Mishnah, who holds Sefeika d'Oraysa Lechumra, and declines to place the Eruv
on a Chazakah (to say that it only became Tamei after Shabbos).
(c) If Rebbi Meir would really go after the Chazakah to be lenient even by a
Safek d'Oraysa, and our Mishnah would speak when there was a Sheretz on the
Eruv during the entire Bein Hashemashos, so that there is no Chazakah - then
we would need to understand on what grounds Rebbi Yossi rules there 'Safek
Eruv Kasher.
(d) Rabah and Rav Yosef establish our Mishnah by two pairs of witnesses -
meaning that Rebbi Meir is strict in our Mishnah, because there, there is at
least one pair of witnesses who testify against the Chazakah, thereby
negating it (whereas in the Mishnah in Taharos, where this is not the case,
there is no reason (according to Rebbi Meir), not to go after the Chazakah.
Whereas Rebbi Yossi in our Mishnah, we ignore the pair of witnesses (due to
the fact that there is a second pair who clash with them), and place the
Eruv on a Chazakah.
10)
According to Rava, the reason that Rebbi Meir takes a more lenient view in
the Mishnah in Taharos - is because there are *two* Chazakos there, not just
one, as is the case in our Mishnah: i.e. the Chezkas Chai of the dead
person, and the Chezkas Tahor of the person who touched it.
Next daf
|