THOUGHTS ON THE DAILY DAF
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Rosh Kollel: Rav Mordecai Kornfeld
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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) LIVING IN PROXIMITY OF A NON-JEW
QUESTION: The Mishnah (61b) says that the presence of a non-Jew residing in
a Chatzer prohibits the Jewish residents from carrying in that Chatzer on
Shabbos. The non-Jew may not be included in the Eruv, nor may he be Mevatel
his Reshus to the Jewish residents. The only way the Jews can permit
carrying in the Chatzer is by renting from the non-Jew his rights to the
Chatzer. This makes it difficult to permit carrying in the Chatzer, because
the non-Jew will not want to rent out his rights to the Jews.
The Gemara says that the Rabanan made it so difficult to permit carrying in
a Chatzer shared with a non-Jew in order to deter Jews from living so close
to a non-Jew, so that they should not learn from his ways and begin to act
If the Rabanan did not want Jews living in the same Chatzer as a non-Jew,
then instead of decreeing that an Eruv cannot be made in a Chatzer without
first renting the rights of the non-Jew, they should have simply decreed
that it is *forbidden* to live near a non-Jew! Why did they enact such an
indirect deterrent, when they could have forbidden Jews to live near non-
ANSWER: The GA'ON YAKOV explains that the Rabanan did not choose to forbid
living near a non-Jew, because sometimes one has no choice as to where he
lives. (He may have inherited a house in a non-Jewish courtyard, or received
it as a bequest). The Rabanan did not go so far as to forbid one from living
near a non-Jew when he has no choice.
Instead, the Rabanan decreed that one who lives with a non-Jew must rent
rights from him in order to permit carrying in the Chatzer on Shabbos. Such
a Gezeirah would deter one who *does* have a choice where to live from
living near the non-Jew, while still permitting one who has no choice, to
live near the non-Jew.
2) A GENTILE WHO IS NOT HOME
QUESTION: The Gemara asks that there is an apparent contradiction between
the Beraisa (62a) and the Mishnah (61b). The Beraisa states that a gentile's
residence in the Chatzer in which Jews live does not forbid the Jews from
carrying there. The Mishnah, however, states that a gentile does forbid the
Jews in the Chatzer from carrying there.
The Gemara answers that the Beraisa is referring to when the gentile is not
at home. That is, when a Jew who is not part of the Eruv is *not* home, the
*Rabanan enacted* that he nevertheless forbids the residents of the Chatzer
from carrying. A gentile, however, ought not prohibit his Jewish neighbors
from carrying in the courtyard even when he *is* present (if not for the
not-Shabbos-related consideration that the Rabanan wanted to deter Jews from
living with gentile in order that they should not learn from his ways).
Therefore, when he is *not* at home it is permissible to carry in the
Why did the Gemara take it for granted that a Jew who is not at home forbids
the other residents of the Chatzer from carrying only because of a Gezeirah
("Dirah b'Lo Ba'alim Lo Shmah Dirah")? The Gemara could have simply said
that one who is absent from his home *is* considered to be residing in his
home ("Dirah b'Lo Ba'alim *Shmah* Dirah") and therefore a *Jew* forbids his
neighbors from carrying even when he is not home but a *gentile* (whose
presence forbids Jews from carrying only to deter them from moving in with
him in the first place) does not!
ANSWER: The Gemara did not give this answer, because if, when a person is
not home, it *is* considered as though someone is living there ("Dirah b'Lo
Ba'alim"), there would be absolutely no basis to differentiate between one
who is or is not home -- even if he is a gentile. If, when he *is* actually
present, he forbids the residents of the Chatzer from carrying, when he is
not there he would also forbid them from carrying (GA'ON YAKOV).