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Eruvin 50

ERUVIN 49 & 50 - have been dedicated by the Feldman family to the memory of Hagaon Rav Yisroel Zev [ben Avrohom Tzvi] Gustman Ztz"l (Vilna-N.Y.- Yerushalayim).

1) [line 1] D'LO MESAYEM ASREI - the area of his Shevisah is not designated

(a) Any two actions which cannot be done successively, cannot be done simultaneously either. That is, any transaction or operation that cannot be done after a given transaction or operation has already been done, also cannot be done at the same time as the first operation (i.e. the two operations cannot take effect at once).
(b) Not only can these two things not take effect at one time, but even if one wanted only *one* of them to take effect (and not both of them) but he did not specify *which one* should take effect, in such a case neither one takes effect at all, because of the principle that anything that cannot be done successively, cannot be done simultaneously either. For example, when making an Eruv Techumin, one cannot be Koneh Shevisah in more than one set of four Amos. If one attempts to make his Makom Shevisah underneath a tree, which covers an area of eight Amos, but he does not specify in which four Amos of the eight his Shevisah will be, he does not acquire Shevisah anywhere. Since one cannot make an additional Makom Shevisah of four Amos if one already made a Makom Shevisah, he also cannot make his Makom Shevisah underneath the tree in "four out of eight Amos." In such a case, even one set of four Amos does not become his Makom Shevisah.
(c) The logic behind this principle ((b) above) is that since the person did not specify which of the two things should take effect, but he said vaguely that *one of the two* should take effect, it must be that his intention is that *each* one of the two take effect, at least in part. Since it is not possible for them to take effect at once, neither one of them takes effect at all. For this reason, in cases such as the separation of Ma'aser, even though the Ma'aser can only take effect on 10% of the grain, nevertheless since it can take effect on part of each and every particle, or half- particle, of grain and it is not necessary for the 10% to take effect all in one area, the 10% of Ma'aser *can* take effect even though the person did not specify which part of the product it should take effect upon.

3) [line 5] LIKNU LI B'ARBA AMOS MI'GO SHEMONAH - I intend to acquire Shevisah in four of the eight Amos that is the area under the tree

4) [line 11] HA'MARBEH B'MA'ASROS - a person who designates more than a tenth of his produce as Ma'aser

5) [line 12] MA'ASROSAV MEKULKALIN - his Ma'asros are ruined; i.e. they are mixed with Tevel (untithed produce) and may not be eaten

6) [line 14] D'ISEI L'CHATZA'IN - that half of each grain can become Ma'aser
7) [line 15] TIKDOSH PALGA PALGA D'CHITESA - "Half of each grain shall become Ma'aser."

8) [line 16] MA'ASER BEHEMAH
(a) Every year, a person must collect all of the kosher animals that were born during that year into a corral. As they leave the corral through a narrow opening, one by one, the owner counts them and marks every tenth one as Ma'aser Behemah (Vayikra 27:32).
(b) Ma'aser Behemah is eaten by its owner. If it has no Mum (defect), it is offered as a Korban on the Mizbe'ach and eaten by its owner in Yerushalayim. If it has a Mum, the owner may slaughter and eat it anywhere.

9) [line 22] ASIRI VE'ACHAD ASAR ME'URAVIN - That is, if the 10th and 11th animals went out together, and he called them both #10, there is an indeterminable mixture of the tenth and eleventh animals. As a result, we consider them both to be Kadosh

10) [line 21] TODAH
The Todah (thanksgiving-offering) was a form of Shelamim that was eaten for only one day and one night. The animal that was sacrificed as a Todah was brought together with forty loaves of bread, ten each of the following:

(1) unleavened loaves mixed with oil;
(2) flat unleavened matzos saturated with oil;
(3) unleavened loaves made of boiled flour mixed with oil;
(4) loaves of leavened bread.
One loaf of each type of bread was given to the Kohen who performed the Zerikah of the Todah (Vayikra 7:11).

11) [last line] L'ACHRAYUS KA MECHAVEN - he intends to bring the extra 40 loaves as insurance for the first 40 loaves, in case they get lost or become Tamei


12) [line 1] L'KORBAN GADOL KA MECHAVEN - he intended to bring a large offering of 80 loaves

13) [line 3] MIKTZAS BEISO NIKAR - part of the area of his Shevisah is recognizable; i.e. the four Amos in the center definitely contain part of the area of his Shevisah

14) [line 14] TEL - an elevation (hill or mound)
15) [line 15] MAKOM SHE'EIN MESUYAM - (lit. a place that is not designated or is not discernible from its surroundings) a place that does not have Mechitzos (partitions) or that is larger than 5000 square Amos (Beis Seasayim)

16) [line 16] MOSER SHVISASO LA'MAKIR - he says to the one who recognizes the place "my Shevisah is together with you"

*17*) [line 17] BA'MEH DEVARIM AMURIM? K'SHE'SIYEM ARBA AMOS SHE'KAVA - This case seems to just be a repeat of the first case in the Beraisa, in which the person did not specify which 4 Amos his Shevisah is in. RASHI (DH Bameh Devarim Amurim) and the Ritva appear to explain that the difference between the two is simply that the first case involved a Makom Mesuyam (that is, an area surrounded by Mechitzos) and the latter case involved a Makom she'Eino Mesuyam, otherwise the two cases are indeed the same. The TORAS CHAYIM explains that the first time it is no more than a quote from our Mishnah, the second time is the Beraisa explaining the words of the Mishnah in more detail.

18) [line 20] GARMIDEI - Amos
19) [line 24] V'IM MITZ'U ALAV ES HA'TECHUM - and if they placed the Eruvei Techumin [a distance of 2000 Amos in two opposite directions] with him exactly in the middle

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