Siman - Eruvin Daf 62
The Audio Shiur will be posted soon.
- One who lives with an idolater in the same chatzeir
The opening Mishnah of the sixth perek on Daf 61b stated, הדר עם העכו"ם בחצר או מי שאינו מודה בעירוב הרי זה אוסר עליו – One who lives with an idolater in a chatzeir or with someone who does not accept the laws of eruv, such as a Kusi, that person restricts him from carrying items from his house into the chatzeir. Rebbe Eliezer ben Yaakov said that the idolater never restricts, עד שיהו שני ישראלים אוסרין זה על זה – unless there are two Jews living in separate residences in the chatzeir.
On our Daf, Abaye clarified that according to both the Tanna Kamma, who is identified as Rebbe Meir, and to Rebbe Eliezer ben Yaakov, דירת עובד כוכבים לא שמא דירה – the residence of an idolater is not considered a residence, והכא בגזירה שמא ילמד ממעשיו קא מיפלגי – and here, they are disagreeing about a decree to deter a Jew from being influenced by an idolater’s actions. Rebbe Eliezer ben Yaakov holds that since an idolater is suspected of שפיכות דמים, it is uncommon for a single Jew to live in such a chatzeir out of fear of coming to harm, and the Rabbanon do not make a gezeira in an uncommon case. However, it is common for two Jews to live in the same chatzeir as an idolater, and therefore in that case the Rabbanon were gozeir that an eruv will not work. Rebbe Meir disagrees and says that sometimes a lone Jew will live in such a chatzeir, therefore, the Rabbanon decreed that an eruv will not work in this case as well.
- The idolater renting out his rights in the chatzeir
Abaye explained that the gezeirah the Rabbanon enacted only permitted the Jews to carry if the idolater rented out his rights to the chatzeir, ועובד כוכבים לא מוגר – and an idolater will not rent out these rights. This in turn will inconvenience the Jews who will not be permitted to carry and will motivate them to move out. There is a machlokes regarding what type of rental is required:
▪ Rav Chisda says, שכירות בריאה – a strong rental is required, which the Gemara explains to mean that he has the right to fill the chatzeir with his furniture. The idolater will be reluctant to rent out his rights for fear of losing his rights permanently.
▪ Rav Sheishess says, שכירות רעועה – a token rental is sufficient, with which the Jew has no rights to fill the chatzeir with his furniture. חשיש עובד כוכבים לכשפים – The idolater will be suspicious that the Jew is engaged in sorcery, since he does not understand the need for the rental, and he will therefore be reluctant to rent out his rights.
- Paskeing shailos in the presence of one’s Rebbe
Abaye said to Rav Yosef, קיימא לן משנת רבי אליעזר קב ונקי – we have a rule that the Mishnah of Rebbe Eliezer ben Yaakov is limited but pure, meaning that Rebbe Eliezer ben Yaakov’s opinion ia not mentioned too often, but when it is, we pasken like him. Abaye asked, מהו לאורויי במקום רבו – may a talmid render this legal decision, that the halachah follows Rebbe Eliezer ben Yaakov, in the vicinity of his Rebbe? Rashi explains that since it is clear cut and requires no judgment, maybe it is permissible, or is it still considered a chutzpah for a talmid to rule before his Rebbe? Rav Yosef answered that it is not permitted, citing the time that Rav Chisda would not answer his simple kashrus question while Rav Huna, Rav Chisda’s Rebbe was alive.
