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עירובין 62:2
Soncino English Talmud · Berean Standard Bible
The Master said: ‘A heathen's courtyard has the same status as a cattle-pen’. Did we not, however, learn: IF A MAN LIVES IN A COURTYARD WITH A HEATHEN. . . EITHER OF THEM CAUSES HIM TO BE RESTRICTED? — This is no difficulty, since the latter deals with the case of a heathen who was at home while the former deals with one who was not at home. But what principle does he adopt? If he is of the opinion that a dwelling house without an occupier is legally a valid dwelling, should not even a heathen impose restrictions; and if he is of the opinion that a dwelling house without an occupier is legally no valid dwelling should not an Israelite also impose no restrictions? He, in fact, holds the view that a dwelling house without an occupier is legally no valid dwelling; but in the case of an Israelite, who imposes restrictions when he is at home, the Rabbis have enacted a preventive measure where he is away; while in the case of a heathen who, even when at home, imposes restrictions merely as a preventive measure lest the Israelite learn to imitate his deeds it was enacted that he imposes restrictions only when he is at home but not in his absence. But does he not impose restrictions when he is absent? Have we not in fact learnt: If a man left his house and went to spend the Sabbath in another town, whether he was a gentile or an Israelite, his share imposes restrictions; so R. Meir? — There it is a case where he returns on the same day. Rab Judah stated in the name of Samuel: The halachah is in agreement with R. Eliezer b. Jacob; R. Huna stated: The custom is in agreement with the ruling of R. Eliezer b. Jacob; while R. Johanan stated: The public act in agreement with the ruling of R. Eliezer b. Jacob. Said Abaye to R. Joseph: We have a tradition, that ‘the teaching of R. Eliezer b. Jacob is small in quantity but well sifted’; and Rab Judah also laid down in the name of Samuel, ‘The halachah is in agreement with R. Eliezer b. Jacob; is it then permitted to a disciple to give a ruling accordingly in a district that is under the jurisdiction of his Master? — ‘Even’,the other replied, on the question of the permissibility of eating an egg with kutha, which I have been asking him throughout the lifetime of R. Huna, R. Hisda gave me no decision’. R. Jacob b. Abba asked Abaye: Is it permitted to a disciple in a district under his Master's jurisdiction to give a ruling that was as authoritative as those contained in the Scroll of Fast-Days, which is a written and generally accepted document? — Thus, the other replied, said R. Joseph: Even on the question of the permissibility of eating an egg with kutha, which I have been asking him throughout the lifetime of R. Huna, R. Hisda gave me no decision. R. Hisda decided legal questions at Kafri in the lifetime of R. Huna.36
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