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Eruvin 62

ERUVIN 62 - sponsored by a generous grant from an anonymous donor. Kollel Iyun Hadaf is indebted to him for his encouragement and support and prays that Hashem will repay him in kind.

1) [line 3] DIRAS OVED KOCHAVIM SHEMAH DIRAH - the house of a non-Jew is considered part of a courtyard, to the extent that his share prevents the other members from making an Eruv amongst themselves to carry objects from their houses into the courtyard.y must first rent space from the non-Jew in the Chatzer (see Background to Eruvin 61:17(c))

2) [line 10] DIR - a corral
*3*) [line 11] V'HACHA, BI'GZERAH SHEMA YILMAD MI'MA'ASAV KA MIFLEGI - that is, since the Dirah of a non-Jew is not considered a Dirah, when he is out of town the Rabanan do not prohibit carrying in the Chatzer (as the Gemara concludes on 62b). Nevertheless, when the non-Jew is home, the Rabanan prohibited carrying in the Chatzer for another reason -- so that we should not learn from him.

4) [line 14] D'SHECHICHEI D'DAIREI - that it is common for two Jews to live in the same courtyard as a non-Jew

5) [line 18] LO MOGAR - does not rent out [his domain]
6a) [line 20] SECHIRUS BERI'AH - a strong, sound rental
b) [line 21] SECHIRUS RE'U'AH - a shaky and impaired rental
7) [line 32] LO NITAN L'HESHAVON - it cannot be returned in order to avoid the death penalty

8) [line 33] MOHARKEI V'ABURGENEI - (a) he has the right to place *benches and seats* in the courtyard (RASHI); (b) the lease is written and *sealed* (Moharkei) and countersigned by *officers* (Aburgenei) (TOSFOS); (c) he has the right to build *structures* in the courtyard (RABEINU CHANANEL)


9) [line 14] D'ASI B'YOMEI - when he will come back today (on Shabbos)
10a) [line 15] HALACHAH - we teach publicly that his ruling is to be followed
b) [line 16] MINHAG - the accepted custom; i.e. we tell an individual to follow his ruling, but this is not taught publicly
c) [line 17] NAHAGU - the people on their own conduct themselves according to his words; i.e. we do not even tell an individual to follow his ruling, but we neither rebuke someone who rules according to his opinion nor revoke the results

(a) The Chachamim laid down various rules that determine the Halachah when there is an argument among the Tana'im.
(b) One of these rules is that every time the opinion of Rebbi Eliezer ben Yakov is mentioned, the Halachah follows his ruling (this is the connotation of "Naki," - clean, pure). Some hold that this rule only applies when the opinion of Rebbi Eliezer ben Yakov appears in a Mishnah; hence the wording, "*Mishnas* Rebbi Eliezer ben Yakov." Others write that the word "Mishnas" is not to be taken literally, rather, even in a Beraisa the Halachah follows his opinion (RASHI Yevamos 49a).
(c) There is also a difference of opinion as to the meaning of the word *Kav* in this expression. One opinion states that just as a Kav is a small measure, so too Rebbi Eliezer ben Yakov is quoted only a limited number of times (RASHI ibid. and Bechoros 23b). Another source states that there is a tradition that in 102 places (the Gematriya, or numeric equivalent, of the word "Kav") where Rebbi Eliezer ben Yakov's name is recorded, the Halachah follows his ruling. In all other instances, the Halachah does not follow his ruling (ROSH Eruvin 4:2 quoting RABEINU CHANANEL).

12) [line 21] L'OROYEI B'MAKOM RABO - to establish the Halachah [like Rebbi Eliezer Ben Yakov] (see previous entry) in the place where his Rebbi resides

13) [line 22] BEI'ASA B'KUSCHA - to eat (a) an egg (RASHI); (b) an egg that is found inside a hen after it is slaughtered (ARUCH), in Kutach, a dip which is prepared by cooking whey with stale bread and salt

14a) [line 24] MEGILAS TA'ANIS
(a) Megilas Ta'anis was written in the times of the Tana'im, at the end of the period of the second Beis ha'Mikdash. It includes a list of the dates that were set aside as holidays due to the miracles that happened on them to Benei Yisrael. On some of the dates, fasting was forbidden. On others, even delivering a eulogy was included in the Rabbinical prohibition. On some of them, fasting or delivering a eulogy was forbidden on the preceding or following day as well. Megilah was written in order that these dates not be forgotten.
(b) After the destruction of the second Beis ha'Mikdash, the holidays of Megilas Ta'anis were no longer observed, except for the holidays of Chanukah and Purim (Gemara Rosh ha'Shanah 19b). Gemara explains that we experience Divine help so frequently when under the rule of the nations, that we cannot begin to celebrate the days in which a salvation occurred (Shabbos 13b).
b) [line 24] MEGILAS TA'ANIS DI'CHESIVA U'MANCHA - Megilas Ta'anis which is written down and accessible

15) [last line] KAFRI - a place in Bavel

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