(Permission is granted to print and redistribute this material
as long as this header and the footer at the end are included.)


prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

Previous daf

Eruvin 62

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.



(a) the Rabbanan forbade carrying in a Chatzer without an Eruv - because it is like carrying from one Reshus to another, and they were concerned that one may come to carry from a Reshus ha'Yachid to a Reshus ha'Rabim.

(b) Rebbi Meir said 'Chatzeiro shel Akum, Harei Hu ke'Dir' - from which we can deduce that Rebbi Meir does not consider the dwelling of a non-Jew to be a dwelling.

(c) In order to make it awkward to live together with gentiles, Chazal decreed on Jews living with gentiles that, when Shabbos comes in, they have to rent their rights in the Chatzer. (The reason for this is because someone who lives with a Jew is lkely to learn ir ways). Rebbi Meir maintains that this applies just as much to *one* Jew who shares a courtyard with a gentile as it does to *two*.

(d) But Rebbi Eliezer ben Ya'akov holds that this only applies to at least *two* Jews who share a courtyard with a gentile, but not just to *one* - since, due to the element of life-danger of living alone with a non-Jew in one Chatzer, it is unusual for such a situation to arise, and whenever a situation is unusual, Chazal did not issue a decree.

(a) One needs to specifically *hire* his part of the Chatzer, and not just get the gentile to negate his ownership, like a Jew does - in order to make it difficult for the Jew (who does not want to go to the trouble of hiring the non-Jew's Reshus), and this will discourage him from continuing to live in a Chatzer which is shared by a gentile.

(b) A proper Sechirus means that he hires gentile the right to do whatever he likes in the Chatzer - even to fill it with benches and such- like, should he wish to do so; whereas a weak one means that he just rents from him the right to use his section of the Chatzer in a limited way.

(c) The non-Jew will probably not agree to rent his rights in the courtyard, even by means of a weak Sechirus (thereby discouraging the Jew from remaining) - because he will suspect the Jew of intending to perform witchcraft there.

(a) Yes, one may rent the non-Jew's rights in the Chatzer for less than a Shaveh Perutah.

(b) A non-Jew is punishable for stealing less than a Shaveh Perutah.

(c) He is guilty of the death-sentence (by the sword) for transgressing any of his seven Mitzvos.

(d) A Jew is subject to "ve'Heshiv es ha'Gezeilah" (Vayikra), but not a non- Jew.

(a) 'Chatzero shel Oved Kochavim, Harei Hu ke'Dir shel Beheimah' - implies that we do not consider a gentile who shares a courtyard as an individual owner. Consequently, a Jew is permitted to carry there without an Eruv, provided ...

(b) ... he does not live there, according to Rebbi Meir.




(a) Intrinsically, a residence is not considered a residence when the owner is not there. Consequently, whenever the owner is not there, no Eruv ought to be necessary.

(b) Nevertheless, a Jew who has not made an Eruv, and who is away for Shabbos, forbids the remaining residents of the Chatzer to carry ir house to the courtyard -Since Chazal decreed that he should be considered a resident even when he is *not* there, because of when he *is*.

(c) Not so a non-Jew, who, even when he *is* there, is not called a resident, and only forbids carrying in the Chatzer because of a decree that one may come to learn from his ways. Consequently, they confined the decree to when he is *there*, but to when he is *away*.

(d) Rebbi Meir nevertheless forbids carrying into the Chatzer even in the non-Jew's absence - when he has not gone far, and there is a chance that he will return on Shabbos. It is then forbidden to carry in the Chatzer even when he is away, in case one continues to carry even after he has returned.

6) Abaye reminded Rav Yosef of the ruling 'Mishnas Rebbi Eliezer Kav ve'Naki' (Rebbi Eliezer ben Ya'akov is 'Kav' - a small measure [which some explain to mean that his opinion appears in the Mishnah only 'Kav' = 102 times], but it is clean - meaning pure, and therefore, Halachah).


(a) Rav Yosef told Abaye that it is forbidden to issue even such a simple ruling as the prohibition of eating an egg together with a milk dish, which is obvious, and there is no question of its authenticity. Nevertheless, it is a Chutzpah to issue any ruling in the presence of one's Rebbe (in the same town).

(b) He specifically mentioned Megilas Ta'anis because it was (presumably up to the time that Shas was transcribed some hundred years later), the only book of Halachah that existed.

(c) Rav Chisda issued rulings in Kofri, in spite of the fact that Rav Huna's was still alive - because Rav Huna lived in Pumbedisa, not in Kofri. (Note: see Tosfos DH 'Rav Chisda', who maintains that Rav Chisda was a Talmid-Chaver of Rav Huna, because, even in another town - and at distance of three Parsah - it is only a Talmid-Chaver who is permitted to issue rulings in the life-time of his Rebbe, but not a Talmid!)

Next daf


For further information on
subscriptions, archives and sponsorships,
contact Kollel Iyun Hadaf,