Eruvin

(THOUGH THEY AGREE THAT IN THE CASE OF ALL OTHER MEN1 HIS MONEY MAY ACQUIRE ONE) SINCE AN ‘ERUB MAY BE PREPARED ONLY WITH ONE'S CONSENT.2 R. JUDAH RULED: THIS3 APPLIES ONLY TO ‘ERUBS OF SABBATH LIMITS4 BUT IN THE CASE OF ‘ERUBS OF COURTYARDS5 ONE MAY BE PREPARED FOR A PERSON IRRESPECTIVE OF WHETHER HE IS AWARE OF IT OR NOT,6 SINCE A BENEFIT MAY BE CONFERRED ON A MAN IN HIS ABSENCE BUT NO DISABILITY MAY BE IMPOSED ON HIM IN HIS ABSENCE. GEMARA. What is R. Eliezer's reason7 seeing that the man performed no meshikah? — R. Nahman citing Rabbah b. Abbuha replied: R. Eliezer8 treated this case as that of the ‘four seasons of the year’.9 For we learned: In the following four seasons10 a butcher is made to slaughter11 [a beast] of his own. Even though his ox was worth a thousand denars and the buyer12 had in it a share that was worth only one denar the butcher may be compelled to slaughter. Hence if it died13 the buyer must bear the loss.14 ‘The buyer must bear the loss!’ But why, seeing that he performed no meshikah?- R. Huna15 replied: This is a case where he did perform meshikah. If so, read the final clause: During the other days of the year the law is not so.16 Hence if it died,13 the seller must bear the loss.17 But why, seeing that the buyer had performed meshikah? — R. Samuel b. Isaac18 replied: The fact is that we are here dealing with a case where the buyer performed no meshikah but the seller transferred possession19 to him through a third party.20 Hence it is that in these four seasons when it is beneficial to him21 the acquisition is valid since a benefit may be conferred on a man in his absence, but during the other days of the year when it is to his disadvantage22 the acquisition is ineffective, since a disability may be imposed on a man only in his presence; and R. Ela citing R. Johanan23 replied: In the case of these four seasons the Sages have based their rule on the law of the Torah;24 for R. Johanan said: According to the words of the Torah, money acquires possession for the buyer; and the Sages ruled that it is25 meshikah that gives him possession as a precautionary measure against the possibility that26 the seller might tell the buyer,27 ‘Your wheat was burnt in the loft’.28 THOUGH THEY AGREE THAT IN THE CASE OF ALL OTHER MEN etc. Who is meant by ALL OTHER? — Rab replied: A householder.29 Samuel also replied: A householder. For Samuel stated: This30 was learnt only in respect of a baker but a householder29 does acquire possession. Samuel further stated: This30 was learnt only in respect of a ma'ah but all object31 acquires possession. Samuel further stated: This32 was learnt only in the case where the resident said to him, ‘Acquire for me’,33 but where he said ‘Prepare an ‘erub for me’34 he has thereby appointed him as his agent and35 he acquires, therefore, [his share].36 R. JUDAH RULED: THIS APPLIES ONLY etc. Rab Judah citing Samuel stated: The halachah is in agreement with R. Judah and, furthermore, wherever R. Judah taught a law concerning ‘erubs the halachah is in agreement with him. Said R. Hana of Bagdad to R. Judah: Did Samuel say this37 even in respect of all alley whose cross-beam38 or side-post38 has been removed?39 ‘Concerning ‘erubs’,40 the other replied, did I tell you; but not concerning partitions.41 [Since,] said R. Aha son of Raba to R. Ashi, [it has been said,] ‘The halachah [is in agreement with R. Judah]’ it must be implied that [the Rabbis] are at variance on the point,42 but did not R. Joshua b. Levi in fact lay down that whenever R. Judah stated in43 a Mishnah, "When’44 or ‘This applies’,45 his intention46 was only to introduce an explanation of the words of the Sages?47 — But do they48 not differ? Have we not in fact learnt: ‘If the number of residents his increased he must add food and confer possession upon them, and they must be informed of the fact’?49 — There it is a case of a courtyard between two alleys.50 But did not R. Shezbi state in the name of R. Hisda: ‘This implies that R. Judah's colleagues differ from him’?51 — The other replied:52 desired to walk a distance of two thousand cubits In an easterly direction from this town and the ‘erub was deposited on its western side, though he is thereby enabled to walk a longer distance in the latter direction, he IS deprived of his right to the two thousand cubits in the easterly direction. return to him his denar. he paid the money. it is meshikah that effects the transfer of possession. V. B.M. 47b. This it has been shown that in certain circumstances and for certain reasons the Sages adopted in practice the Pentateuchal law that money alone effects transfer of possession. Similarly in the case of ‘erub, R. Eliezer's ruling, it may be explained, is clue to similar considerations. order to purchase a share in the ‘erub but as a mere indication to him to act as agent; and an agent may of course acquire possession for the man who appointed him. Judah. opinion as the Rabbis. What need then was there for Samuel to state that the halachah was in agreement with R. Judah? person even without his consent! two courtyards he desires to be associated in the ‘erub. interchangeable in Heb. the former being represented by k"t and the latter by tkt.