Siman - Eruvin Daf 46
The majority of this Daf discusses rules of psak.
- הלכה כרבי יוחנן בן נורי
Rebbe Yaakov bar Idi told Rebbe Zeira that he heard Rebbe Yehoshua ben Levi say explicitly that the halachah is like Rebbe Yochanan ben Nuri who grants a sleeping person a techum of two thousand amos. In addition, Rebbe Yehoshua ben Levi said a general rule that, הלכה כדברי המיקל בעירוב – the halachah follows the more lenient opinion in issues regarding eruvin.
The Gemara asks why both statements were necessary, and three answers are given. Rav Pappa gives the second reason, explaining that it was important for Rebbe Yehoshua ben Levi to state that the halachah is like Rebbe Yochanan ben Nuri, as one might have thought that הלכה כדברי המיקל בעירוב is referring only to cases of eruvei chatzeiros but not to eruvei techumin, for we learn in a Mishnah that eruvei chatzeiros can be done for someone without their consent, שזכין לאדם שלא בפניו – for we may benefit someone without their consent, and an eruv chatzeiros is a clear benefit. On the other hand, one may not make an eruv techumin without the person’s consent, שאין חבין לאדם שלא בפניו – for one may not disadvantage someone without their consent, and shifting one’s eruv results in his losing his ability to travel in the opposite direction.
- הלכה, מטין, נראין
Rebbe Yaakov and Rebbe Zerika said, הלכה כרבי עקיבא מחברו – The halachah follows Rebbe Akiva when he disputes an individual colleague, וכרבי יוסי מחבריו – and it follows Rebbe Yose against his colleagues even where there is more than one, וכרבי מחבירו – and it follows Rebbe against an individual colleague.
Rebbe Assi says these rules are halachah, Rebbe Chiya bar Abba says מטין - we incline towards these rules, and Rebbe Yose b’Rebbe Chaninah says נראין. Rashi explains הלכה means that it may be publicized at a public lecture, מטין means that these rules may be followed in individual cases but should not be publicized, and נראין means that we may not rely upon these rules for deciding a case, but if one did, the decision is not reversed.
- Rules of psak when Tannaim disagree
Rebbe Yaakov bar Idi said in the name of Rebbe Yochanan regarding disputes, רבי מאיר ורבי יהודה הלכה כרבי יהודה, רבי יהודה ורבי יוסי הלכה כרבי יוסי, and it is not necessary to teach that between Rebbe Yose and Rebbe Meir the halachah follows Rebbe Yose, for if against Rebbe Yehudah Rebbe Meir’s view does not prevail, then against Rebbe Yose there is no question it does not prevail.
Rav Assi said that since there is a rule that in disputes between Rebbe Yehudah and Rebbe Shimon, the halachah follows Rebbe Yehudah, he can learn from this that in a dispute between Rebbe Yose and Rebbe Shimon, the halachah follows Rebbe Yose, , because if Rebbe Yehudah does not prevail against Rebbe Yose, certainly Rebbe Shimon does not. In regard to disputes between Rebbe Meir and Rebbe Shimon, it is left as a teiku. Rav Mesharshiya said, ליתנהו להני כללי – all of these rules are not valid.
