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Previous dafEruvin 46
ERUVIN 46 - was generously dedicated by an anonymous donor in Los Angeles.
1) [line 2] MEINAD NAIDEI - moves about
2) [line 4] NEHAROS HA'MOSHCHIN - flowing rivers
3a) [line 8] B'FEIRUSH SHEMI'A LACH? - did you hear it explicitly from Rebbi
Yehoshua ben Levi?
b) [line 9] O MI'KELALA SHEMI'A LACH? - or did you derive it from something
else that Rebbi Yehoshua ben Levi said?
4) [line 25] SHALOSH ONOS - three periods of time with an interval of thirty
days each, which is an average interval of time for a woman's period
5) [line 25] DAYAH SHA'ATAH
(a) The Mishnah (Nidah 2a) discusses the case of a woman who finds Dam Nidah
during an internal check for menstrual blood with a Bedikah-cloth. The
question in the Mishnah is whether we are to assume that the blood that was
found is fresh (Dayah Sha'atah) or whether it has been there for some time,
in which case the woman will be judged to be Tamei retroactively from the
time the blood reached the Bayis ha'Chitzon. Shamai rules that the Halachah
of Dayah Sha'atah applies for all women, whenever blood is found. Hillel
rules that menstrual blood is Metamei retroactively back to the last time
that the woman checked herself. Chachamim rule that menstrual blood is
Metamei retroactively back to the last time that the woman checked herself
*or* back 24 hours, whichever is less. The Halachah follows Chachamim.
(b) The Gemara (ibid. 3b) concludes that even according to those who judge
the woman to be Tamei retroactively, this is only a Chumra d'Rabanan with
regard to Terumah and Kodshim. With regard to making her husband and Chulin
Tamei, and with regard to her status mid'Oraisa, she is Tahor, since she had
a Chezkas Taharah.
(c) Certain women who clearly have stopped their regular cycle have a Din of
Dayah Sha'atah even according to Hillel and Chachamim (see Nidah 7a-11a).
Rebbi Elazar rules that if a woman misses three periods, her status is Dayah
Sha'atah, and any blood that she sees is not judged Tamei retroactively.
6) [line 37] SHEMU'AH KEROVAH - [the period of mourning upon hearing] a
recent report [of a relative's death]
7) [line 37] SHIV'AH U'SHELOSHIM (AVEILUS: SHIV'AH U'SHELOSHIM)
(a) The seven relatives for which one is obligated to mourn are one's
father, mother, brother, sister, son, daughter and wife. When any of these
relatives die, one is obligated to bury the relative and observe the laws of
Aninus (until the burial) and Aveilus (after the burial).
(b) There are some laws of Aveilus that apply for seven days, some that
apply for thirty days and others that apply for twelve months. (1) The laws
that apply for seven days are refraining from bathing and washing clothes.
(2) The laws that apply for thirty days are refraining from taking a haircut
and from ironing clothes. (3) The laws that apply for twelve months (after
the death of a parent) are refraining from buying new clothes and from
attending weddings and other Semachos.
*8*) [line 45] K'DIVREI HA'MACHMIRIN HA'MERUBIN "CHUTZ MI'ZU" - that is,
except for this Halachah and for all other laws of mourning (Tosfos DH
9) [line 7] ZACHIN L'ADAM SHE'LO V'FANAV
(a) When a person buys or sells an object, or marries or divorces a woman,
he must make a Ma'aseh Kinyan (a formal Halachically-binding act denoting
the change in status). This act may be performed by the Shali'ach (agent) of
the person who makes the Kinyan instead of the person himself.
(b) When the acquisition of a certain object is unquestionably beneficial
for a person, even though he has not appointed a Shali'ach to do so, someone
may acquire it for the person as if he were his Shali'ach. This act is
called Zachin l'Adam she'Lo v'Fanav. The Rishonim argue as to why "Zachin"
works. Some state that there is an "Anan Sahadei" (lit. "we are witnesses,"
- i.e. it is as clear to us as if he stated it himself) that the person
would have made him a Shali'ach in this case (RASHI Gitin 9b DH Yachzor,
TOSFOS Kesuvos 11a DH Matbilin). Other Rishonim claim that "Zachin" does not
work through a vehicle of Shelichus at all, since it also works for minors
who Halachically cannot appoint Shelichim. Rather, the Torah created a new
law called "Zachin ..." that allows one person to acquire an object for
another person in such cases (RAN Kidushin 42a -- this may be an argument
among the Tana'im in Bava Basra 156b).
(c) The Rishonim write that if the recipient expresses (afterwards, when he
finds out about the Zechiyah) that he does not wish to accept the object, he
does not obtain ownership. (although in rare instances the Rishonim suggest
that "Zachin" would work even if the recipient refuses the acquisition when
he hears about it -- see RASHBA Kidushin 23b).
10) [line 14] V'LO AMRU L'AREV CHATZEIROS ELA KEDEI SHE'LO L'SHAKE'ACH TORAS
EIRUV MIN HA'TINOKOS - the Chachamim only made a Takanah to make Eruvei
*Chatzeiros* or *Shitufei Mavo'os* so that future generations should not
forget the law of Eruvei *Techumin* - see Insights
11a) [line 18] HALACHAH - (a) we teach publicly that their ruling is to be
followed (RASHI); (b) we teach their ruling publicly. If someone rules
according to the contradictory opinion, we revoke the results (TOSFOS DH
b) [line 19] MATIN - leans, inclines; i.e. (a) we tell an individual to
follow their ruling, but this is not taught publicly (RASHI); (b) we teach
their ruling publicly. However, if someone rules according to the
contradictory opinion, we protest his decision, but we do not revoke the
results (TOSFOS ibid.)
c) [line 20] - their words appear correct; i.e. (a) we do not even
tell an individual to follow their ruling, but we neither rebuke someone who
rules according to their opinion nor revoke the results (RASHI); (b) we tell
an individual to follow their ruling, but this is not taught publicly. If
someone rules according to the contradictory opinion, we do not even protest
his decision (TOSFOS ibid., RITVA)
12) [line 20] KA'LASHON HA'ZEH AMAR REBBI YAKOV BAR IDI AMAR REBBI YOCHANAN
- these same three opinions (Halachah, Matin, Nir'in) were expressed in
explaining the following words of Rebbi Yakov Bar Idi in the name of Rebbi
13) [line 42] IR SHEL YACHID ... IR SHEL RABIM
(a) ERUV AND SHITUF - King Shlomo decreed that transferring objects from a
Reshus ha'Yachid owned by one party to that owned by another party is
forbidden, unless an *Eruv Chatzeiros* (lit. a mixing of the courtyard,
Rambam Hil. Eruvin 1:6, or fraternization of the courtyard, Eruvin 49a) is
created on Friday, before Shabbos begins. (Shabbos 14b, Eruvin 21b). (The
equivalent of an Eruv Chatzeiros for an alley or a city is called a *Shituf
Mavo'os*.) This is accomplished by all of the neighbors collectively setting
aside a loaf of bread, in one common container, in one of the houses of the
courtyard (or, in the case of Shituf, in one of the courtyards of the
alleyway). This shows that all neighbors have an equal share in all of the
Reshuyos ha'Yachid, just as they all have a share in that bread. Through
this act, they can be considered one Reshus.
(b) However, the Rabanan decreed that one Eruv Chatzeiros will not suffice
for an entire Ir Shel Rabim (a public city), even if it does not have alleys
which open onto Reshus ha'Rabim and need a Lechi or Korah (see Introduction
to Maseches Eruvin, [II]:1) e.g. if it has no streets that are 16 Amos wide
(Rashi) or if its Reshuyos ha'Rabim were closed with a Tzuras ha'Pesach --
see Background to Eruvin 24:16. The decree was enacted lest people forget
that an Eruv Chatzeiros was made in this city, and that it does not have a
Reshus ha'Rabim mid'Oraisa, which may bring them to carry in a Reshus
ha'Rabim mid'Oraisa. Accordingly, the method employed to make an Eruv
Chatzeiros for an entire city is to leave out one section of the city from
the Eruv (a "Shiyur"). This section may then make a separate Eruv
Chatzeiros, but it is prohibited for them to transfer objects into the main
part of the city and vice-versa. The Shiyur causes people to remember that
an Eruv Chatzeiros was made in the city for the purpose of carrying objects.
Even if this Ir Shel Rabim later becomes an Ir Shel Yachid (a private city),
a Shiyur is still necessary, lest it revert back to being a public city in
the future (Rashi 59a DH v'Shel Rabim).
(c) An Ir Shel Rabim is a city that has some type of Reshus ha'Rabim, but
its exact definition is the subject of a dispute among the Rishonim:
(1) RASHI - The city has Reshuyos ha'Rabim where 600,000 people walk even if
none of the streets are 16 Amos wide. (That is, it is not a Reshus ha'Rabim
mid'Oraisa. A person will not be Chayav for carrying objects in it a
distance of four Amos, since it does not fulfill the two conditions of
600,000 people and 16 Amah-wide streets.)
(d) According to all opinions, a private city does not need a Shiyur, even
if it becomes a public city and even if it has in it Reshuyos ha'Rabim
mid'Oraisa (which have been properly closed with a Tzuras ha'Pesach and its
Mavo'os were closed with Lecheyayin); Such a city will not be confused with
normal Reshuyos ha'Rabim. A public city whose Reshuyos ha'Rabim are not open
on both ends also does not need a Shiyur (since in order to be classified as
a Reshus ha'Rabim, a street must be open on both ends.
(2) RITVA, citing the GE'ONIM - The city has streets that are 16 Amos wide.
(According to these Ge'onim, the condition of 600,000 people is unnecessary
even to be Chayav for carrying objects a distance of four Amos. Thus its
Reshuyos ha'Rabim are Reshuyos ha'Rabim mid'Oraisa.)
(3) RITVA, RAMBAM - A city that has a Reshus ha'Rabim mid'Oraisa and is not
the personal property of a private individual. (This explains the wording of
the Mishnah Ir *Shel* Rabim - *of* the public.)
14) [line 46] K'IR CHADASHAH SHE'B'YEHUDAH - like the city named "Chadashah"
(RASHI 59a), which was located in the portion of the tribe of Yehudah, as
mentioned in Yehoshua 15:37 (RASHI Kidushin 76a)