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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Eruvin 72



(a) If there are no Mechitzos separating the five groups - then even Beis Shamai will agree that no Eruv is necessary.

(b) In addition - there where an Eruv *is* required, they will be forbidden to carry from one group to another without an Eruv, and one person from the one group will not be eligible to act as a Sheli'ach, to give of his own bread towards the Eruv Chatzeros, on behalf of the other.

(c) Beis Hillel agree that each group requires its own Eruv - with regard to those who are living in separate rooms or in attics.

(a) A proper Mechitzah is one of at least ten Tefachim high; a Mesipas is a low wall made of sticks and such-like.

(b) In the second Lashon, Rav Nachman says - that Beis Shamai and Beis Hillel argue by a Mesipas, too.

(c) According to the opinion which establishes the Machlokes by full-size Mechitzos that reach the ceiling - even Beis Shamai will agree that by Mechitzos that are lower than that, no Eruv is needed, even according to Beis Shamai.

(d) And according to the second opinion (of Rebbi Chiya and Rebbi Shimon b'Rebbi) - they argue by Mechitzos which do *not* reach the ceiling, but by those which *do*, even Beis Hillel will agree that an Eruv is required.




(a) Rav Nachman in the second Lashon, will say that they argue by Mechitzos that do not reach the ceiling, as well as by a Mesipas.

(b) The Tana presents their Machlokes by a Mechitzah (rather than by a Mesipas) - to teach us the extent of Beis Hillel (that even when *a Mechitzah* divides between the groups, they may still combine to form one group).

(c) The Tana prefers to speak by a *ýMechitzah* to teach us the extent of *Beis Hillel's* opinion, rather than by *a Mesipas to teach us the extent of *Beis Shamai's* - because of the principle 'Ko'ach de'Hetera Adif' (the strength of leniency is stronger than that of stringency - since when in doubt, it is easy to be strict, but demands extreme care before issuing a lenient ruling).

4) Rav Nachman bar Yitzchak proves Rav Nachman's ruling (like Rebbi Yehudah ha'Sabar) from the Mishnah - which points out how even Beis Hillel concede that when some of the members of one or more of the groups reside in rooms or attics, they will require a separate Eruv. If taken literally, this Mishnah is obvious, and would not need to be mentioned. What the Tana must therefore mean is, that if they reside in something that resembles rooms i.e. walls which reach the ceiling, Beis Hillel agree; from which it is clear that they are arguing by walls that do *not* reach the ceiling (exactly like Rebbi Yehudah ha'Sabar).


(a) The Beraisa (which confines Beis Shamai's Din to when the five groups take their Eruv to one of the other houses of the Chatzer, but not to when the other residents of the courtyard bring their Eruvin to *them*) - does not explain the Machlokes as we have explained until now (that is a question of defining the Mechitzos). In fact, even Beis Shamai agree that, in spite of the walls of the salon, they remain one group. Where Beis Shamai argues with Beis Hillel however, is whether one member of the group (which has already made its own Eruv) in the Chatzer to combine with the other residents of the Chatzer, on behalf of the entire group: Beis Hillel permit this, Beis Shamai do not. That explains why Beis Shamai agrees that the Eruv Chatzeros with the other residents of the Chatzer is valid if it is brought to them.

(b) The author of the Beraisa which permits *one* of the participants in the Eruv of his Chatzer to place an Eruv in another Chatzer on behalf of the other residents of his Chatzer - will therefore be Beis Hillel.

(c) And according to the second Lashon of the Beraisa, which establishes the Machlokes when the Eruv is brought to *them*, but that, when it is *they* who place their Eruv in another house in the Chatzer, even Beis Hillel will agree that each group must place its own Eruv - Beis Hillel will learn like we just explained according to Beis Shamai, whereas Beis Shamai maintain that, even if the Eruv is brought to them, each member of the group is obligated to participate personally in the Eruv.

(a) Since brothers who eat by their father but who sleep elsewhere in the Chatzer, must make their own Eruv - it follows that they require Bitul Reshus so as not to forbid each other to carry in the Chatzer.

(b) It does not follow that with regard to Eruv, we go after the place where a person sleeps, as opposed to where he eats - because we could be speaking here when the brothers only *receive their food* from their father, but do not actually *eat* with him (i.e. if they *did*, then they would not require individual Eruvin).

(c) If the Eruv from the other residents of the Chatzer was brought to their father's house, or if they were the only residents in the Chatzer - they would not require individual Eruvin; in the former case - because the house which contains the Eruv does not need to provide bread, and in the latter - because there is no-one to force them to make an Eruv; and in both cases, they are subsequently Patur from making an Eruv, because they are considered like individuals.

(a) According to the Tana Kama, if someone owns ...
1. ... a gate-house, a porch or a balcony - he does *not* force his friend to make an Eruv in order to carry from his house to the Chatzer and vice- versa.
2. ... a straw-store, a cattle-barn or a store-house - he *does*.
(b) Rebbi Yehudah holds that it is only a second *residence* that forbids the owner to carry without an Eruv.
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