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Eruvin 71

1) HALACHAH: MAKING AN ACQUISITION ON SHABBOS

QUESTION: Beis Shamai and Beis Hillel argue whether one may be Mevatel his Reshus on Shabbos to permit the other residents of the Chatzer to carry, or one may only be Mevatel Reshus before Shabbos. Abaye explains that Beis Shamai holds that Bitul Reshus is an act of *giving ownership* (an act of *Kinyan*) of one's share in the Chatzer to the other residents, and an act of giving ownership (Kinyan) is prohibited on Shabbos. Beis Hillel, though, holds that Bitul Reshus is not an act of *giving* ownership, but rather it is an act of *withdrawing* one's ownership, which one may do on Shabbos.

Does this mean (a) that it is forbidden to *give* ownership of something on Shabbos (such as giving a gift to someone), and (b) it is permitted to *withdraw* one's ownership from something on Shabbos (such as to make one's item Hefker (ownerless))?

(a) The BEIS YOSEF (OC 527) infers from the words of the MORDECHAI that it is indeed *forbidden* to make an acquisition (to give ownership or to acquire ownership) on Shabbos, and that it is included as part of the Gezeirah prohibiting business transactions on Shabbos (in Beitzah 36). The MAGEN AVRAHAM (OC 306:15) cites our Gemara as a proof to this opinion, and mentions that it is the opinion of the RITVA (Kesubos 4a) as well. The Magen Avraham adds, though, that one may make an acquisition on Shabbos which is for the sake of Shabbos or for the sake of a Mitzvah.

QUESTION: If it is permitted to make an acquisition for the sake of Shabbos, why does our Gemara say that it is prohibited for one to give his share in the Chatzer to the other residents? He is doing so only in order to make the Eruv valid, which is for the sake of Shabbos!

ANSWER: The Gemara says specifically that "Mikneh *Reshus*" is forbidden. Giving away ownership of a Reshus (i.e. land) is more stringent than giving a normal gift, and would not be allowed even for the sake of Shabbos.

The difference between land and other presents seems to be clear from the words of Tosfos. In our Sugya Tosfos discusses the prohibition of giving away items on Shabbos -- with regard to giving land (DH u'Mikni). Earlier, though (66a, DH Yafeh Asitem, #2), Tosfos takes for granted that giving a gift (such as permission to *use* a Chatzer, but not ownership of a Chatzer) on Shabbos is completely permissible.

(b) The RITVA (see also RASHASH) points out that it would seem implicit in our Sugya that one *may* withdraw his ownership from an item on Shabbos, i.e. make it Hefker. However, he adds that perhaps the Gemara means to permit it only for the sake of making an Eruv, which involves a Mitzvah since it is for the sake of one's Shabbos needs, and we cannot prove from here that one may withdraw his ownership from an item on Shabbos when it is not being done for the sake of a Mitzvah. (See also Ritva in Shabbos 150a, who seems to prohibit making an object Hefker on Shabbos.)

The RESHASH says that this Gemara is a proof that one may withdraw his ownership from an item on Shabbos. Apparently, he did not see the Ritva.

71b

OPINIONS: We know that there are three situations in which an Eruv Chatzeros may be made. (1) An Eruv Chatzeros may be made among the residents of one Chatzer to carry in that Chatzer. (2) An Eruv Chatzeros may be made among two or more Chatzeros which have openings to each other to permit carrying from one Chatzer to another. (3) A Shituf Mavo'os may be made among Chatzeros opening into a Mavoy to permit carrying in the Mavoy.

The Gemara cites a Beraisa in which Rebbi Meir and the Chachamim argue concerning whether a Shituf Mavo'os alone may be relied upon in place of an Eruv Chatzeros. That is, if the Chatzeros did not make an Eruv among themselves to permit carrying from one Chatzer to another (Eruv (2) above), but they made a Shituf Mavo'os ((3) above) to permit carrying from each Chatzer into the Mavoy, may they rely on the Shituf Mavo'os to permit carrying from one Chatzer to another (RASHI, DH b'Somchin a'Shituf and DH Me'arvin)? (The same question applies when they made an Eruv Chatzeros between the Chatzeros, but did not make a Shituf Mavo'os; may they rely on the Eruv Chatzeros to carry from the Chatzeros into the Mavoy?) Rebbi Meir says that a Shituf Mavo'os alone does not permit carrying from one Chatzer to another, because if it did, people might forget or might not realize that there was a Shituf Mavo'os and they will come to carry from one Chatzer to another without an Eruv even where there is no Shituf. (See Insights 73:1 for more on this topic.)

RASHI (DH Me'arvin) adds that Rebbi Meir agrees that a Shituf Mavo'os is sufficient to permit carrying from one Chatzer to another when an Eruv was made in each Chatzer individually to permit the residents to carry in their Chatzer (Eruv (1) above). In such a case there is no fear that people will forget the concept of Eruv Chatzeros, because they see an Eruv Chatzeros in operation.

Does the Machlokes between Rebbi Meir and the Chachamim also apply to an Eruv Chatzeros in one Chatzer (Eruv (1) above)? That is, if nothing but a Shituf Mavo'os was made, may the residents of a single Chatzer carry in their Chatzer? We know that Rebbi Meir prohibits carrying from one Chatzer to another, and that the Chachamim permit it. What does each opinion hold, though, with regard to carrying from the house into their own Chatzer when only a Shituf Mavo'os was made? Perhaps a Shituf serves not only to join the Chatzeros together, but also serves to join the houses in one Chatzer together. On the other hand, just as an Eruv in one Chatzer certainly does not permit carrying into the Mavoy or from one Chatzer to another, a Shituf cannot permit carrying in one Chatzer.

(a) RASHI (DH Me'arvin) implies that the Chachamim and Rebbi Meir also argue with regard to a single Chatzer (as Rashi writes, Rebbi Meir holds that "we do not rely on the Shituf in place of an Eruv when the residents of the Chatzer did not make an Eruv among *themselves*"). The Chachamim hold that a Shituf Mavo'os *does* work in place of an Eruv Chatzeros in one Chatzer, permitting the residents of that Chatzer to carry into their Chatzer. This might also be the intention of Rashi earlier (DH b'Somchin) when he says, "... and we rely on the Shituf of the Mavoy in place of the Eruv *of the Chatzer*" (that is, a single Chatzer, although it could be that Rashi is merely referring to it as the Eruv of "the Chatzer" to differentiate it from the Shituf of the Mavoy). Rebbi Meir argues, just like he argues with regard to carrying from one Chatzer to another with only a Shituf. (See also RASHI on 73b, DH Rav Lo Tani, where he implies that one does not need an Eruv in one Chatzer when there is a Shituf Mavo'os.) This is also the opinion of the BACH (OC 387), TAZ, and BI'UR HA'GRA (ibid.).

(b) The RITVA says that it is logical to assert that Rebbi Meir and the Chachamim agree that a Shituf Mavo'os does *not* permit carrying from the houses of a Chatzer into the Chatzer, because it only serves to unite Chatzeros and not houses in one Chatzer. This is also the opinion of the BEIS YOSEF (OC 387; see Shulchan Aruch OC 387:1), who asserts that Rashi means to say this as well. (The PIRYO B'ITO attempts to explain the words of Rashi in our Sugya to be consistent with the understanding of the Beis Yosef; the Ritva himself, though, contends that Rashi does *not* agree with this opinion.)