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Eruvin 46

ERUVIN 46 - was generously dedicated by an anonymous donor in Los Angeles.

1) [line 2] MEINAD NAIDEI - moves about
2) [line 4] NEHAROS HA'MOSHCHIN - flowing rivers
3a) [line 8] B'FEIRUSH SHEMI'A LACH? - did you hear it explicitly from Rebbi Yehoshua ben Levi?
b) [line 9] O MI'KELALA SHEMI'A LACH? - or did you derive it from something else that Rebbi Yehoshua ben Levi said?

4) [line 25] SHALOSH ONOS - three periods of time with an interval of thirty days each, which is an average interval of time for a woman's period

5) [line 25] DAYAH SHA'ATAH
(a) The Mishnah (Nidah 2a) discusses the case of a woman who finds Dam Nidah during an internal check for menstrual blood with a Bedikah-cloth. The question in the Mishnah is whether we are to assume that the blood that was found is fresh (Dayah Sha'atah) or whether it has been there for some time, in which case the woman will be judged to be Tamei retroactively from the time the blood reached the Bayis ha'Chitzon. Shamai rules that the Halachah of Dayah Sha'atah applies for all women, whenever blood is found. Hillel rules that menstrual blood is Metamei retroactively back to the last time that the woman checked herself. Chachamim rule that menstrual blood is Metamei retroactively back to the last time that the woman checked herself *or* back 24 hours, whichever is less. The Halachah follows Chachamim.
(b) The Gemara (ibid. 3b) concludes that even according to those who judge the woman to be Tamei retroactively, this is only a Chumra d'Rabanan with regard to Terumah and Kodshim. With regard to making her husband and Chulin Tamei, and with regard to her status mid'Oraisa, she is Tahor, since she had a Chezkas Taharah.
(c) Certain women who clearly have stopped their regular cycle have a Din of Dayah Sha'atah even according to Hillel and Chachamim (see Nidah 7a-11a). Rebbi Elazar rules that if a woman misses three periods, her status is Dayah Sha'atah, and any blood that she sees is not judged Tamei retroactively.

6) [line 37] SHEMU'AH KEROVAH - [the period of mourning upon hearing] a recent report [of a relative's death]

(a) The seven relatives for which one is obligated to mourn are one's father, mother, brother, sister, son, daughter and wife. When any of these relatives die, one is obligated to bury the relative and observe the laws of Aninus (until the burial) and Aveilus (after the burial).
(b) There are some laws of Aveilus that apply for seven days, some that apply for thirty days and others that apply for twelve months. (1) The laws that apply for seven days are refraining from bathing and washing clothes. (2) The laws that apply for thirty days are refraining from taking a haircut and from ironing clothes. (3) The laws that apply for twelve months (after the death of a parent) are refraining from buying new clothes and from attending weddings and other Semachos.

*8*) [line 45] K'DIVREI HA'MACHMIRIN HA'MERUBIN "CHUTZ MI'ZU" - that is, except for this Halachah and for all other laws of mourning (Tosfos DH d'Amar)


(a) When a person buys or sells an object, or marries or divorces a woman, he must make a Ma'aseh Kinyan (a formal Halachically-binding act denoting the change in status). This act may be performed by the Shali'ach (agent) of the person who makes the Kinyan instead of the person himself.
(b) When the acquisition of a certain object is unquestionably beneficial for a person, even though he has not appointed a Shali'ach to do so, someone may acquire it for the person as if he were his Shali'ach. This act is called Zachin l'Adam she'Lo v'Fanav. The Rishonim argue as to why "Zachin" works. Some state that there is an "Anan Sahadei" (lit. "we are witnesses," - i.e. it is as clear to us as if he stated it himself) that the person would have made him a Shali'ach in this case (RASHI Gitin 9b DH Yachzor, TOSFOS Kesuvos 11a DH Matbilin). Other Rishonim claim that "Zachin" does not work through a vehicle of Shelichus at all, since it also works for minors who Halachically cannot appoint Shelichim. Rather, the Torah created a new law called "Zachin ..." that allows one person to acquire an object for another person in such cases (RAN Kidushin 42a -- this may be an argument among the Tana'im in Bava Basra 156b).
(c) The Rishonim write that if the recipient expresses (afterwards, when he finds out about the Zechiyah) that he does not wish to accept the object, he does not obtain ownership. (although in rare instances the Rishonim suggest that "Zachin" would work even if the recipient refuses the acquisition when he hears about it -- see RASHBA Kidushin 23b).

10) [line 14] V'LO AMRU L'AREV CHATZEIROS ELA KEDEI SHE'LO L'SHAKE'ACH TORAS EIRUV MIN HA'TINOKOS - the Chachamim only made a Takanah to make Eruvei *Chatzeiros* or *Shitufei Mavo'os* so that future generations should not forget the law of Eruvei *Techumin* - see Insights

11a) [line 18] HALACHAH - (a) we teach publicly that their ruling is to be followed (RASHI); (b) we teach their ruling publicly. If someone rules according to the contradictory opinion, we revoke the results (TOSFOS DH Rebbi Asi)
b) [line 19] MATIN - leans, inclines; i.e. (a) we tell an individual to follow their ruling, but this is not taught publicly (RASHI); (b) we teach their ruling publicly. However, if someone rules according to the contradictory opinion, we protest his decision, but we do not revoke the results (TOSFOS ibid.)
c) [line 20] - their words appear correct; i.e. (a) we do not even tell an individual to follow their ruling, but we neither rebuke someone who rules according to their opinion nor revoke the results (RASHI); (b) we tell an individual to follow their ruling, but this is not taught publicly. If someone rules according to the contradictory opinion, we do not even protest his decision (TOSFOS ibid., RITVA)

12) [line 20] KA'LASHON HA'ZEH AMAR REBBI YAKOV BAR IDI AMAR REBBI YOCHANAN - these same three opinions (Halachah, Matin, Nir'in) were expressed in explaining the following words of Rebbi Yakov Bar Idi in the name of Rebbi Yochanan

13) [line 42] 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.

14) [line 46] 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)

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