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Eruvin 81

ERUVIN 81 - 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.

***************GIRSA SECTION********************
We recommend using the textual changes suggested by the Bach, Rav B. Rensburg and the parenthetical marginal notes of the Vilna Shas. This section is devoted to any *OTHER* changes that we feel ought to be made in Gemara, Rashi or Tosfos.)

[1] Gemara 81a [line 39]:
The words "Areivasah k'Areivas Se'orim"
should be "Arichasah k'Arichas Se'orim" (Dikdukei Sofrim #40, Ya'avetz)

*1*) [line 3] LA'AFUKEI MI'D'REBBI YEHOSHUA - that is, in order to show that the Tana Kama argues with Rebbi Yehoshua on two counts. Not only does he allow using a piece, rather than a loaf, of bread for the Eruv, but he even allows using wine or fruit for an Eruv.

2) [line 12] MISHUM EIVAH - in order to prevent strife

3) [line 16] KEDEI CHALASAH
(a) Whenever a person kneads a dough made from one of the five species of grain (wheat, barley, oats, rye or spelt), he must separate a small portion to be given to the Kohen, as specified in Bamidbar 15:17-21. This portion is called Chalah.
(b) A baker must separate 1/48 of his dough as Chalah, while a normal homeowner must separate 1/24.

4) [line 16] KEDEI DIMU'AH
(a) Terumah only becomes Batel if one part of Terumah falls into at least 100 parts of Chulin. If Terumah is Batel in such a manner, the equivalent of the amount of Terumah that fell in must first be removed and given to Kohanim. rest of the produce may then be eaten by anyone.
(b) If the percentage of Terumah that fell into the Chulin was greater than one in one hundred, the mixture is known as Meduma or Dimu'a (lit. mixed) and is forbidden to be eaten by non-Kohanim. (According to Tosfos in Chulin 99a DH Ein, this law applies only if the Terumah was the same type of food as the Chulin; otherwise Terumah is Batel just like any other Isur.)

5) [line 24] TAFRAH B'KISAM - if he attached two halves of a loaf of bread with a small piece of wood

6) [line 26] YEDI'A TIFRAH - the "seam" is noticeable (i.e. it is evident that this loaf is made up of its two halves)

7a) [line 28] OREZ - (a) millet (RASHI Berachos 37a); (b) rice (TOSFOS ibid.)
b) [line 28] DOCHAN - (a) panic grass, a type of millet (RASHI ibid.); (b) millet (TOSFOS ibid.)

*8*) [line 30] B'FAS DOCHAN EIN ME'ARVIN - that is, because Dochan is not normally eaten (Rabeinu Yehonasan)

9) [line 34] "V'ATAH KACH LECHA ..." - "Take wheat, barley, beans, lentils, millet and spelt, and put them in one vessel. Make bread from the mixture, and eat it for 390 days, the number of days that you will lie on your side." (Yechezkel 4:9) Yechezkel the prophet, who was taken to Bavel with the first Galus of people from Yerushalayim, is instructed to make a graphic display of the future siege and destruction of Yerushalayim, and the suffering that those who still remain there will undergo.

10) [line 39] L'SHI'URIM - in small amounts
11) [line 39] (AREIVASAH K'AREIVAS) [ARICHASAH K'ARICHAS] SE'ORIM - its shape and design shall be like that of a loaf made from barley flour (crude and unadorned, unlike loaves of wheat bread)


(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. 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).

13) [line 8] 4 PERAKIM B'SHANAH - on four days of the year (Erev Pesach, Erev Shavuos, Erev Rosh ha'Shanah and Erev Shemini Atzeres, and according to Rebbi Yosi ha'Gelili, even Erev Yom Kippur in the Galil)

14) [line 9] MASHCHITIN ES HA'TABACH B'AL KORCHO - if someone has purchased meat from an animal that is meant to be slaughtered, even if it is only one Dinar's worth of meat, we force the butcher to slaughter the animal even though he has not found buyers for the rest of the animal (Rashi Chulin 83a)

*15*) [line 17] B'4 PERAKIM ELU, SHE'ZECHUS HU LO - that is, on the four days it is certainly considered to be a certain benefit to the buyer for the sale to be final, since he certainly needs the meat and he does not want the seller to be able to go back on the deal if someone else offers a higher price

16) [line 22] DEVAR TORAH, MA'OS KONOS
(a) When a person buys or sells an object, he must make a Ma'aseh Kinyan (a formal Halachically-binding act denoting the change in status). forms of Ma'aseh Kinyan for Metaltelin (movable goods) mid'Rabanan are: (1) Hagbahah, i.e. lifting an item; (2) Meshichah (lit. pulling), i.e. causing an item to move; (3) Chatzer, i.e. bringing the item into his domain; (4) Chalifin (barter); (5) Mesirah, i.e. handing over the reigns of an animal or the tie-lines of a boat.
(b) Rebbi Yochanan and Reish Lakish argue as to what consummates a purchase of Metaltelin according to Torah law: Ma'os (paying money) or Meshichah (lit. pulling, i.e. causing an object to move). Rebbi Yochanan rules that by Torah law Ma'os Konos. However, the Chachamim enacted that Ma'os are not Koneh until Meshichah is done so that the seller will be responsible for the object that he sold until it is removed from his possession. Reish Lakish rules that Meshichah consummates a purchase even by Torah law.
(c) Both Rebbi Yochanan and Reish Lakish agree that in *practice*, Ma'os do not consummate a purchase until Meshichah is done (either because that is the Torah law - Reish Lakish, or due to Rabbinic enactment - Rebbi Yochanan).

17) [line 34] RAV CHANA BAGDATA'AH - Rav Chana of Baghdad

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