ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
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Eruvin 85
ERUVIN 85 - has been sponsored by
Rabbi and Mrs. Eli Turkel of Ra'anana, Israel
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Questions
1)
(a) The pit will not be permitted by means of a ledge which is within four
Tefachim of the windows - because then it is a pit which is half in the
Reshus of the one and half in the Reshus of the other, about which the
Mishnah states (later in this Perek) that it is forbidden to both
courtyards, unless they make an Eruv or arrange a Mechitzah Teluyah.
(b) We are talking about courtyards which have no entrances, and their
only use is via the windows (otherwise we will be left with the problem
mentioned in a).
(c) Really not even a ledge is necessary in this case. It is no more than
a Heker, to remind them generally not to carry in another Reshus without
the required Tikun.
2)
According to Rav Yehudah, not even a ledge is necessary - all that is
needed is a cane (or reed) projected from the window, to enable them to
carry.
3)
(a) Rav Yehudah was a Talmid of Rav. Then, after Rav's death, he went to
learn by Shmuel. Consequently, we assume, that whatever he quotes, he
heard either from one, or from the other.
(b) He cannot possibly have heard this particular Din from Rav - because,
according to Rav, using the air (i.e. by throwing from a distance) never
forbids the other users to use it on Shabbos.
(c) From Shmuel's Din of 'Gag ha'Samuch li'Reshus ha'Rabim, Tzarich Sulam
Kavu'a Lehatiro' - we see that, although the passers-by only use the roof
by throwing on to it, it nevertheless requires some sort of Tikun (not
like Rav).
(d) The Gemara rejects this proof - using the same argument as it did to
disprove Abaye's contention on the previous Amud: by pointing out that the
passers-by in the street use it for their hats (in which case even Rav
will agree that a Tikun is necessary).
4)
Rav Yehudah learns his Din (of permitting even a cane) - from the very
statement of Shmuel on which he himself commented earlier (Bor she'Bein
Sh'tei Chatzeros ... Zeh Motzi Ziz u'Memale' etc.), only Abaye had Rav
Yehudah's statement as an independent one (not pertaining to the statement
of Shmuel).
5)
(a) In connection with the Mishnah of two ledges above water, when the one
owner made walls and the other did not, in which case both parties are
forbidden to draw water from the hole in the ledge unless they make an
Eruv or arrange a Mechitzah Teluyah - Rav comments 'Lo Shanu Ela
bi'Semuchah, Aval be'Mufleges Arba'ah, Elyonah Muteres' etc., from which
it would appear that, whenever the one can only use the Reshus in question
via the air, he does not forbid the other owner to use it.
(b) There is no proof from there, concludes the Gemara - because, since
the one can use it through Shilshul, and the other only through Zerikah
and Shilshul, it is more like 'la'Zeh bi'Zerikah, ve'la'Zeh be'Pesach'
(which even according to Rav, goes to the latter.
(c) Rav says that if there are two houses that are joined by a series of
three ruins (consisting of three rooms with broken walls) - each house may
throw from the window to the ruin next to it (but not to the middle one).
(d) Neither house is permitted to throw from their window to the far ruin
(since the far house is able to use it easily).
85b---------------------------------------85b
Questions
6)
(a) Rav permits the pit in between two Chatzeros - because it can only be
used via the air (i.e. throwing), whereas the middle room in our case is
forbidden, since as we shall see in the next answer, that particular ruin
is used by both houses, either by throwing or by lowering (which Rav
agrees will forbid).
(b) The Gemara concludes that the middle room is not in line with the
other two, but at the side (and is therefore forbidden because there are
other windows opening directly into it from both houses, making it a case
of 'la'Zeh be'Shilshul u'bi'Zerikah, ve'la'Zeh be'Shilshul u'bi'Zerikah')
- because otherwise, if it would be in line with the others, it would be a
matter of 'la'Zeh bi'Zerikah, ve'la'Zeh bi'Zerikah', in which case, both
should be permitted, if Rav holds that usage through the air only on the
part of one does not forbid the other one to use that reshus.
7)
(a) Shmuel requires a ledge in the case of the pit in between two
Chatzeros (even though they only use it via the air) - because we are
speaking about Reshuyos de'Rabbanan (meaning that both are a Reshus
ha'Yachid, and the Isur is only de'Rabbanan), which requires
strengthening, whereas Rav Dimi quoting Rebbi Yochanan, permits both the
B'nei Reshus ha'Rabim and the B'nei Reshus ha'Yachid to use a common Makom
Petur without any Tikun, because they are Reshuyos d'Oraysa (i.e. carrying
from one to the other is an Isur d'Oraysa), and whatever is d'Oraysa, does
not need strengthening.
(b) If someone owns two houses on opposite sides of the street, Shmuel
permits throwing from one to the other without a Tikun - because, whenever
both are Reshuyos d'Oraysa, he is lenient, as we just explained.
(c) Rav is strict *there* (even though he is lenient *here*) - because we
are speaking when the two houses (i.e. their windows or roofs) are on
different levels, and there is reason to be afraid that his throw misses
its mark, the object falls in the street, and he will go and fetch it.
8)
(a) One may place one's Eruv - in a Beis-Sha'ar of a Chatzer shel Yachid.
(b) One may place a Shituf Mavu'os in a Beis-Sha'ar or in other locations
in which Eruvei Chatzeros cannot be placed.
(c) A Shituf Mavu'os must be placed where it is well-guarded.
Consequently, it cannot be placed in the open in the Mavoy.
9)
If the residents were sitting and eating when Shabbos comes in, the bread
on the table may automatically be used for an Eruv - if the residents were
sitting and eating in one of the houses of the Chatzer; and it may be used
as a Shituf, if they were eating in the courtyard.
10)
(a) Someone who lives in one of the storehouses in the Chatzer, will
forbid the other residents from carrying, if he does not participate in
the Eruv.
(b) When Rebbi Yehudah says 'Im Yesh Sham Tefisas Yad shel Ba'al ha'Bayis,
Eino Oser' - he means that if the owner of the Chatzer retains the right
to place his things in one of the storehouses, then the person whom he
authorized to live there, will not prevent the owner from carrying there
(see Bartenura).
(c) Rebbi Yehudah's principle is restricted to storing something that is
Muktzah, but not to things that are not Muktzah, and which the owner might
moved on Shabbos.
11)
(a) When Rebbi (after referring to Buni'as ben Buni'as as someone who is
worth a hundred Manah) said about a second man 'Clear the way for someone
who is worth two hundred Manah' - Rebbi Yishmael b'Rebbi Yossi point out
to him that Buni'as ben Buni'as was far wealthier than he thought, and
that he owned 'a thousand ships at sea, and a thousand cities on dry
land'.
(b) Rebbi response to this - was one of surprise; he should tell Buni'as'
father that in future, when sending his son before him, he should send him
in clothes that befitted his status.
(c) Rebbi and Rebbi Akiva used to honor the rich - because of the Pasuk in
Tehilim "Yeshev Olam" etc. - It is those who perform Chesed (the rich)
providing the poor with their sustenance, that ensure the world's
continuity.
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