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Eruvin 47


QUESTIONS: The Gemara searches for the source for Rav Mesharshya's opinion that there is no such rule of "[wherever] Rebbi Yehudah and Rebbi Shimon [argue], the Halachah follows Rebbi Yehudah." The Gemara cites several places where the Halachah was decided in favor of the opinion of Rebbi Shimon. Each time, the Gemara answers that that particular place is an exception to the rule.

(a) Once the Gemara has given that answer to the first attempted proof, why does the Gemara continue asking from other places, to which the Gemara gives the same answer? (RITVA)

(b) Second, the first three cases that the Gemara cites are all cases of Halachos of Eruvin in which Rebbi Shimon's opinion is the more lenient one. Perhaps the reason the Halachah follows Rebbi Shimon in those cases is because of the rule that in the laws of Eruvin, the Halachah follows the lenient opinion! (MAHARSHA)

(a) The RITVA explains that the when the Gemara keeps asking from other cases, it knows that those cases might also be exceptions. However, the Gemara thought that if we find *three* places where an exception is made and the Halachah follows Rebbi Shimon, then perhaps that creates a "Chazakah" that the rule that the Halachah is not like Rebbi Shimon is not true at all.

(b) The RITVA (see also RAMBAN) answers the second question by saying that if the reason the Halachah follows Rebbi Shimon is because his opinion is the lenient one, then Rav should have simply ruled, "The Halachah follows the lenient opinion," and we would know that the Halachah is like Rebbi Shimon in those cases. The fact that he specifically said that the Halachah is like "Rebbi Shimon" shows that he was not ruling like him just because his opinion is the lenient one. Rather, Rav apparently does not accept the rule that the Halachah follows the lenient opinion in the laws of Eruvin -- yet he still rules like Rebbi Shimon.

(Alternatively, the Ritva answers that the Gemara indeed could have given that as an answer and said that the reason why the Halachah is like Rebbi Shimon in those cases is because his is the lenient opinion.)

OPINIONS: The Gemara says that one may buy animals, servants, houses, fields, and vineyards from gentiles during their fair, even though doing so might cause them to go give praise to their idols for the sale. Why did the Rabanan permit such purchases?
(a) RASHI (DH le'Yerid) explains that when one buys landed property from the gentiles, one is diminishing the power of the gentiles. Also, if the property is in Israel then one is fulfilling the Mitzvah of settling the land of Israel.

When one buys movable items such as animals and servants, one is bringing them into Kedushas Yisrael (RASHI, DH Behemah).

(b) The RITVA says that it is permitted because it is a "Davar ha'Aved," since if one waits until after the fair is over he will not have the opportunity to buy those items.


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