Siman - Eruvin Daf 66

• שוכר כמערב דמי

On Daf 65b the question was raised if שכירות is similar to joining in an eruv which can only be done before Shabbos, or if it is similar to bitul reshus (relinquishing rights), which can be done on Shabbos? When Rebbe Yochanan was told that the Rabbanon who were staying at a non-Jewish inn that only had Jewish guests, leased the rights from the non-Jewish owner who arrived on Shabbos, he said that what they had done was correct, implying that שכירות is similar to ביטול רשות and can be done on Shabbos.

On our Daf, the  sages of Nehardea asked on Rebbe Yochanan’s ruling given that Rebbe Yochanan had ruled, שוכר כמערב דמי, the rules of leasing are similar to joining in an eruv, which implies that leasing cannot be done on Shabbos. The Gemara answers that Rebbe Yochanan does hold that שכירות can be done on Shabbos, and when he said that leasing is similar to joining in an eruv he meant that it is similar to joining in an eruv in three ways: 1. One may lease with a payment less than a shaveh perutah. 2. A שכיר or לקיט of an idolater can rent out his rights in a chatzeir. 3. One person may lease the rights of an idolater on behalf of five Jewish residents that live in the chatzeir.

• Shmuel’s first principle of three for bitul reshus

Shmuel   stated three principles for bitul reshus. The first one states,  כל מקום שאוסרין ומערבין מבטלין - any place where residents restrict a chatzeir if they do not join in an eruv, and they could join in an eruv, they may relinquish their rights. Rav Sheishess gives the example of שתי חצרות זו לפנים מזו - of two chatzeiros arranged one behind the other and the residents of the inner chatzeir must pass through the outer one to reach the mavoi or the reshus harabim. The residents of the inner chatzeir restrict the residents of the outer chatzeir from using the chatzeir because of דריסת הרגל – their right to pass through.

Rashi explains on Daf 67a, that according to Shmuel the Chochomim only allow bitul reshus when two conditions are met. 1. The residents could have made an eruv together and 2. now that they did not, they become restricted in their use of the chatzeir when Shabbos begins.

• ביטול רשות בחורבה

There is a machlokes about a case where a חורבה - a house in ruins, is situated between two inhabited houses where both residents can use it as a common chatzeir and require an eruv chatzeiros to use it.

▪ Shmuel says, אין ביטול רשות בחורבה – bitul reshus does not work to permit one of the residents to carry there. Rashi explains that the Chochomim only allowed the leniency of bitul reshus for chatzeiros since people are accustomed to use it. A ruin is not regularly used.

▪ Rebbe Yochanan says, יש ביטול רשות בחורבה – there is bitul reshus in a ruin. The   Meiri explains that since it can be rebuilt it falls under the rules of bitul.