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Eruvin 73

ERUVIN 73 (Tamuz 22) - has been dedicated anonymously by a generous donor in LA in memory of her mother


73b

1) WHEN REBBI MEIR ALLOWS A "SHITUF" IN PLACE OF AN "ERUV"
QUESTION: The Mishnah (73a) first says that if an Eruv was made between five *Chatzeros* which are open to each other and open to a Mavoy, but no Shituf *Mavo'os* was made, then the residents of the Chatzeros may carry from one Chatzer to another but they may not carry into the Mavoy. Next, the Mishnah says that if the Chatzeros made an Eruv and a Shituf, but one person forgot to join the Eruv, then the residents of the Chatzeros may carry from one Chatzer to another, and from their Chatzeros into the Mavoy.

The Gemara asks the first part of the Mishnah contradicts the next. The first part of the Mishnah implies that an Eruv Chatzeros does *not* suffice in place of a Shituf Mavo'os. This is not in accordance with the opinion of the Chachamim who hold that it suffices to have either an Eruv *or* a Shituf. The second part of the Mishnah says that if one person did not join the Eruv Chatzeros, it is still permissible to carry from one Chatzer to another because of the Shituf which was made between all of the Chatzeros. This is not in accordance with the opinion of Rebbi Meir who says that it is always necessary to have *both* an Eruv Chatzeros and a Shituf Mavo'os. Consequently, the Mishnah cannot be like the Chachamim nor can it be like Rebbi Meir!

The Gemara answers that the Mishnah is expressing the opinion of Rebbi Meir who requires both an Eruv and a Shituf. However, in the case where only one person forgot to join the Eruv, Rebbi Meir agrees that Shituf alone suffices to permit carrying from Chatzer to Chatzer. That is, the only reason Rebbi Meir requires both an Eruv and a Shituf is in order to prevent the concept of Eruv from being forgotten (see Insights to Eruvin 71:2). If everyone except for one person joined the Eruv, then there is no fear that the concept of Eruv will be forgotten and Shituf is sufficient, the Gemara explains.

If Rebbi Meir agrees that Shituf alone is sufficient since an Eruv was made by all of the other residents of the Chatzeros, then why does the Mishnah say (in its final case) that if one Chatzer forgot to join the *Shituf*, then all of the Chatzeros are prohibited from carrying into the Mavoy? Here, too, Rebbi Meir should agree that the Eruv Chatzeros is sufficient to permit carrying from the Chatzeros into the Mavoy, because only one Chatzer forgot to join the Shituf, and there is no fear that the concept of Shituf will be forgotten!

ANSWERS:

(a) Some Rishonim explain that in the last case of the Mishnah, since it is an entire Chatzer which did not join the Shituf it is not sufficient that all the other Chatzeros joined the Shituf. Since it is a large group that did not join, it is a situation which can lead to Shituf being forgotten. When only *one resident* of a Chatzer forgot to join the Eruv Chatzeros, Rebbi Meir agrees that the Shituf suffices in place of the Eruv. (RITVA, TOSFOS RABEINU PERETZ, and RABEINU YEHONASAN)

(b) In his second answer, TOSFOS RABEINU PERETZ writes that the fear of the concept of Eruv being forgotten applies only when an *Eruv* Chatzeros is not made and a Shituf is made. Rebbi Meir prohibits relying on the Shituf because of the concern that the concept of Eruv Chatzeros might be forgotten, although actually a Shituf should suffice. However, the necessity to make a *Shituf* even when there is an Eruv is not just a Gezeirah to prevent the concept of Shituf from being forgotten. There is simply no valid basis for an Eruv to substitute for a Shituf, according to Rebbi Meir. Therefore, it is never possible to rely on an Eruv to carry into the Mavoy without a valid Shituf, and even if only one person forgot to join the Shituf it is prohibited to carry into the Mavoy.

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