THOUGHTS ON THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
Rosh Kollel: Rav Mordecai Kornfeld
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ERUVIN 31-35 - have been dedicated by Mrs. Rita Grunberger
of Queens, N.Y., in loving memory of her late husband, Yitzchok
Yakov ben Eliyahu Grunberger, whose Yahrzeit is the 10th of
1) HALACHAH: A "CHAZAKAH" THAT A "SHALIACH" DOES HIS JOB
OPINIONS: There is a principle that a Shaliach does his job -- "Chazakah
Shaliach Oseh Shelichuso." Rav Nachman and Rav Sheshes argue whether this
principle applies only to laws which are d'Rabanan (the opinion of Rav
Nachman), or even to d'Oraisa laws (the opinion of Rav Sheshes). What is the
(a) TOSFOS (DH Rav Sheshes) cites RABEINU SHIMSHON of FOLIERRE (Falaise) who
rules leniently like Rav Sheshes, based on the BEHAG's rule that "the
Halachah is in accordance with Rav Nachman with regard to monetary matters
and like Rav Sheshes with regard to matters of prohibitions." This is also
the ruling of the RI as well as the conclusion of the ROSH.
(b) RABEINU TAM (cited in Tosfos), however, rules like Rav Nachman, because
a number of Sugyos throughout Shas seem to favor the more stringent opinion
of Rav Nachman, that only with regard to Rabbinic laws may this Chazakah be
relied upon. This is also the opinion of the RIF and RAMBAM. (MISHNAH
L'MELECH, Hilchos Bechoros 4:1, who concludes that one should be stringent
and follow this opinion).
2) USING A TREE BY PLACING AN "ERUV" IN IT
QUESTION: The Mishnah says that if one places the food which comprises his
Eruv in a tree within ten Tefachim from the ground, the Eruv is valid, since
the Eruv and the person are in the same domain (Reshus ha'Rabim) and the
Eruv is accessible on Shabbos. The Gemara says that if the tree and the
person were both in Reshus ha'Yachid, then even if the Eruv was high up in
the tree, it is valid, because the Eruv and the person are both in the same
domain (Reshus ha'Yachid).
3) DO THE PROHIBITIONS OF "SHEVUS" APPLY DURING "BEIN HA'SHEMASHOS"
The Gemara asks on the latter ruling, why is the Eruv valid? One is using
the tree ("Mishtamesh b'Ilan") when the Eruv is in the tree, and the Rabanan
prohibited using a tree on Shabbos!
How is one "using" the tree when his Eruv in placed in the tree? He does not
need to *climb* the tree to get the Eruv, since it is only 10 Tefachim off
the ground. And *removing* an item from a tree certainly does not constitute
using the tree, because there is no use of the tree involved in such an act.
Furthermore, we see clearly in the Gemara in Shabbos (153a) that it is
permitted to remove items from the back of an animal, even though using an
animal is prohibited just as using a tree is prohibited! The fact that the
tree is holding something which one placed there before Shabbos also cannot
be considered using the tree, because we find in the Gemara in Shabbos (45a)
that one may place a candle in a tree to remain there during Shabbos.
(a) The RITVA first cites one explanation which says the very fact that one
is getting a Halachic use out of the tree -- since one's Eruv in the tree
makes the tree his primary place of Shabbos dwelling, thus altering his
Techum from that point -- makes it as if he is being Mishtamesh b'Ilan.
Based on this Gemara, the REMA (OC 336:1) rules that one may not remove
objects from a tree on Shabbos because one might lean on the tree (Mishnah
Berurah 336:12, Sha'ar ha'Tzion 336:6-7).
However, the Ritva rejects this answer. Deriving Halachic benefit from the
tree is not comparable to using the tree, since the Gezeirah against using a
tree was made to prevent one from accidentally cutting down a branch.
Getting a Halachic use out of a tree poses no concern that one might cut
down a branch.
(b) Rather, explains the RITVA, the Rabanan were afraid that one might *lean
on the tree* while removing the food.
QUESTION: According to Rebbi, the prohibitions of "Shevus," or the Isurei
d'Rabanan of Shabbos, do not apply during Bein ha'Shemashos. This is the
Halachah as well (SHULCHAN ARUCH OC 307:22, 342:1).
If the Gezeiros d'Rabanan do not apply during Bein ha'Shemashos, then why
does the Mishnah in Shabbos (34a) state that it is prohibited during Bein
ha'Shemashos to separate Ma'aser and to immerse utensils in a Mikvah if
those acts are prohibited on Shabbos only mid'Rabanan? Does Rebbi argue with
that Mishnah and permit those acts to be done during Bein ha'Shemashos?
(a) The RITVA cites the RA'AVAD who says that Rebbi certainly agrees to the
Mishnah in Shabbos. When Rebbi said that the prohibitions of "Shevus" do not
apply during Bein ha'Shemashos, he was referring only to the laws of Eruv
Techumin. Rebbi is saying that when the Rabanan enacted the law of Eruvei
Techumin, they said that the Eruv is valid as long as there is no Isur
d'Oraisa preventing one from getting to his Eruv. If there is an Isur
d'Rabanan preventing access to the Eruv, the Eruv is nevertheless valid.
However, they did not actually *permit* doing an Isur d'Rabanan during Bein
ha'Shemashos in order to get to the Eruv. (This is similar to the concept
that Rashi explains at the end of the Amud regarding the area of a person's
Eruv Techumin being considered like a Reshus ha'Yachid that extends up to
the sky, even though it is not really a Reshus ha'Yachid.)
(b) The RAMBAM (Hilchos Shabbos 24:10) writes that it is permitted to
transgress an Isur "Shevus" during Bein ha'Shemashos for the sake of a
Mitzvah. Since an Eruv is made for a Devar Mitzvah (such as going to learn
Torah from a teacher who is farther than 2000 Amos away), it is permitted to
do an Isur "Shevus" for that purpose. Rebbi agrees, though, that to take
Ma'aser from fruit is prohibited during Bein ha'Shemashos, since it is not
being done for the sake of a Mitzvah. (MAGID MISHNAH ibid.)