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Eruvin 71

ERUVIN 71 - 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 22] KALECH ETZEL YAFOS - if a person went into his friend's field and separated Terumah without the owner's knowledge, the Terumah is valid under certain circumstances. If when the owner finds out, he says to the one who separated the Terumah, "Kelach Etzel Yafos" ("You should have taken Terumah from the better fruits"), and there *are* better fruits in the field, the Terumah is valid. (If there are no better fruits, the Terumah is not valid since the owner suspects him of stealing, and made the remark sarcastically.)

2) [line 25] BITUL RESHUS MIKNA RESHUSA HU - Bitul Reshus entails transferring ownership of the domain

3) [line 26] ISTALUKEI RESHUSA - withdrawing oneself from the domain, leaving it ownerless


4) [line 3] TEVUL YOM
A Tevul Yom is a person or vessel that has been immersed in a Mikvah but is still waiting for nightfall. level of Tum'ah of a Tevul Yom is minimal; he or it is considered only a Sheni l'Tum'ah such that if he or it touches Terumah or Kodesh, the Terumah or Kodesh becomes Pasul and must be burned. Chulin that he or it touches do not become Temei'im. At nightfall, he or it becomes completely Tahor.

5) [line 11] EIN BEREIRAH

(a) In numerous places in Shas we find arguments among the Tana'im/Amora'im as to whether "Yesh Bereirah" (i.e. Bereirah works) or "Ein Bereirah" (i.e. Bereirah doesn't work). Bereirah means making one's action contingent retroactively on future events. Examples of this are: buying or selling an object on the condition that it rains tomorrow or that the object of the sale will remain undefined until it is selected tomorrow. In our Gemara, the residents of the courtyards that open onto a Mavoy bought a barrel of wine together and each resident's portion is not determined at the onset of Shabbos. When they apportion the wine at a later point, they will be relying on Bereirah to let the Shituf work by determining retroactively who owned each portion of the wine at the onset of Shabbos.
"Ein Bereirah" means that such a stipulation does not work. An action cannot be contingent on a future event. Ran (Nedarim 45b) explains the logic of this rule by saying, "It is not proper for something to take effect, when there remains a doubt on *what* it will take effect." (See Insights to Chulin 15:2.) "Yesh Bereirah" means that such a stipulation does work.
(b) When the action is contingent on a *past* event, there is no question that the action works -- even if the people involved in the action are not aware as to whether the past event did or did not take place. Example: If a person makes two Eruvei Techumin before sundown on Erev Shabbos, in two different directions, and stipulates, "if my Rebbi is *presently* staying in a village towards the East, I would like the Eastern Eruv to work, if not, I would like the Western Eruv to work." The man making the Eruv may not know where his Rebbi is, but when he finds out, the Eruv will have taken effect on the side that he stipulated ("Kevar Ba Chacham" -- see Chullin 14b).
(c) We find dozens of instances in the Gemara where a person may perform an action "on the condition that..." (b'Tenai). For example, a man may buy/sell an object or divorce his wife on the condition that the other party pays/does whatever the first party specifies. If the condition is not kept *in the future*, the sale/divorce is annulled. This situation is not called Bereirah -- see Insights to Eruvin 36b.
(d) Halachically, most Poskim conclude (based on Beitzah 38a) that regarding biblical questions (mid'Oraisa), we assume that Bereirah does not work (l'Chumrah), but in regards to Rabbinical questions (mid'Rabanan), we rely on Bereirah.

*6*) [line 27] O ME'ARVIN O MISHTATFIN - that is, when many Chatzeiros open to a single Mavoy there are two ways to permit carrying in the Chatzer/Mavoy complex: The Chatzeiros may each contribute towards a joint Eruv, or else they may each contribute towards a Shituf for the Mavoy. (If the latter is done, it is not necessary for them to make an Eruv at all -- not even *private* Eruvin in each Chatzer -- Rashi, see Insights)

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