Thursday, December 08, 2005

Rif Eruvin 20a {Eruvin 65b continues ... 68a}




HIDE/SHOW IMAGE
20a

{Eruvin 65b continues}
is like nullifying one's domain {/rights}, and just as nullifying one's rights {to the courtyard} may be done even on Shabbat, so too he may rent even on Shabbat.
Rav Chama {our gemara: Chanina} bar Yosef said: We may rent.
Rav Assi said: We may not rent.
Rabbi Chiyya bar Abba said to them: We should rely on the words of this elder {= Rabbi Chama/Chanina bar Yosef} and rent.
They rented, and when they came to Rabbi Yochanan, he told them: You have done well that you rented.

{Eruvin 66a}
But Rabbi Yochanan said that renting is like establishing the eruv.
When does Rabbi Yochanan say that renting is like establishing the eruv? Leniently. But stringently, no.
When is meant by leniently? Just as establishing the eruv may be done with less than the value of a pruta, so too renting may be done with less than the value of a pruta. And just as establishing the eruv may be done even via his hired laborer or retainer, so too renting may be done even via his hired laborer or retainer. And just as establishing the eruv, if five dwell in a single courtyard, one may make an eruv for all of them, so too renting, if five dwell in a single courtyard, one may rent for all of them.

And so is the halacha.

{Eruvin 66b}
Shmuel said: There is no nullification {=renunciation} of domain from one courtyard to another courtyard, and there is no nullification of domain in the case of a ruin.
And Rabbi Yochanan said: There is nullification {=renunciation} of domain from one courtyard to another courtyard, and there is nullification of domain in the case of a ruin.
And both {cases of two courtyards and ruin} are necessary. For if you had informed us of the case from one courtyard to another courtyard, {I would say that only} in this Shmuel speaks, for this is the independent domain of this one and this is the independent domain of that one. But by a ruin, which is the joint domain of both of them, I would say that he admits to Rabbi Yochanan. Therefore it is needed. And if it had said this one {=the ruin}, in this Rabbi Yochanan speaks, but in the other {=two courtyards}, he would admit to Shmuel. Therefore it is needed.

And it is established for us that {in case of dispute between} Shmuel and Rabbi Yochanan, the halacha is like Rabbi Yochanan. And furthermore, Rabba holds like Rabbi Yochanan, as we will wish to say later on, in the following case:

{Eruvin 67b} {also cited in Rif Shabbat 56a}
There was a certain infant {to be circumcised on Shabbat} whose warm water was spilled out. To explain: This was hot water that was prepared from erev Shabbat for circumcision purposes on Shabbat. Rabba said: Let them bring warm water from my house. Abaye said: But they have not made an eruv. {Rabba:} Let us rely on shittuf {of alleyways}. {Abaye:} They did not make a shittuf. {Rabba:} Let them tell a gentile to bring from inside my house. Abaye said: I had in mind to retort {even} this to Master, but Rav Yosef would not let me. For Rav Yosef said:When we were in the house of Rav Yehuda, he told us, "when the matter concerned is Biblical, we retort {and discuss} before taking action, whereas in Rabbinic matters, we acts first and then we retort {and discuss}. Afterwards, he {Rav Yosef} said to him {Abaye}: What did you desire to retort to Master? He {Abaye} said to him: This that we they learnt {in the brayta}:
{Eruvin 68a}
The sprinkling {of an unclean man with the ashes of the red heifer by a clean man} is a rabbinic ordinance. Likewise telling a gentile {to perform a forbidden labor on Shabbat} is a rabbinic ordinance. Just as sprinkling is rabbinic ordinance and does not push off Shabbat, so too telling a gentile is a rabbinic ordinance and does not push off Shabbat.
He said to him {Abaye}: And did you not learn the distinction between a rabbinic ordinance that has to it an action and a rabbinic ordinance that lacks an action?
That is to say, this that the Sages said that {the prohibition of} telling a gentile is a Rabbinic ordinance, is there no distinction for you between telling him to do an action which involves a Biblical prohibition {if you were to do it yourself} and telling him to do an action which does not involve a Biblical prohibition?
For Master did not say to the gentile 'go heat for me' which is an action which is prohibited Biblically, but rather 'go bring me' {which is Rabbinic}.
And he {Abaye} was silent and could find no answer.

Rabba bar Rav Chanin said to Abaye: In an alleyway in which there dwell

No comments: