Siman - Eruvin Daf 67
- Bitul reshus when a nochri dies on Shabbos
When Rav Chisda and Rav Sheishess would meet each other, Rav Chisda’s lips would tremble from Rav Sheishes’s vast knowledge of Mishnayos and Rav Sheishes’s entire body would tremble from Rav Chisda’s analytical skills.
Rav Chisda asked Rav Sheishess two questions. The second one dealt with a case where two Jews lived in the same chatzeir as a nochri. מת נכרי בשבת מהו – If the nochri died on Shabbos what is the halachah? May one of the Jews be mevatel his reshus to permit the other one to carry in the chatzeir? Rav Chisda clarified that his question was only going according to Shmuel who holds that two Jews cannot lease the rights of an innkeeper that returned on Shabbos to then permit one resident to be mevatel his reshus to the other. Therefore, his question is, did Shmuel prohibit it because it required both שכירות and ביטול רשות but in our case he would allow it since it only requires ביטול רשות, or he would not allow it here either? Rav Sheishess answered that he holds they can be mevatel reshus but Rav Hamnuna says that they cannot.
- When a nochri also has a private entrance
Rav Yehudah said in the name of Shmuel, נכרי שיש לו פתח ארבעה על ארבעה – If a nochri, who lives in the same chatzeir as two Jews, has an entrance of four by four tefachim, פתוח לבקעה – which opens into an empty field, even if he brings camels and wagons in and out the entire day through the entrance of the mavoi, he does not restrict the members of the mavoi, because it is assumed that he prefers to use his private entrance. Rashi explains that he has more open space there than in the mavoi. Rav Nachman bar Ami said that he had a tradition from his Rebbeim that, אפילו פתוח לקרפף – even if the nochri’s chatzeir opens into a karpaf, he does not restrict the mavoi. Rashi explains that the karpaf too has more space than the mavoi.
- Challenging leniencies in psak
In a case where hot water which was meant to wash an eight-day-old child on Shabbos spilled out, Rabbah ruled that one could ask a non-Jew to bring hot water from Rabbah’s house who lived in the chatzeir, since the houses in the chatzeir had not joined in an eruv or a shituf prohibiting the Jewish residents to carry. Abaye related that he wanted to question Rabbah on this but Rav Yosef would not permit him. Rav Yosef said in the name of Rav Kahana that when he was in the yeshivah of Rav Yehudah, Rav Yehudah would say, בדאורייתא מותבינן תיובתא והדר עבדינן מעשה – With a d’Oraysas, if one paskens a lenient ruling we consider all possible refutations and only afterwards carry out that decision in practice, בדברנן עבדינן מעשה והדר מותבינן תיובתא – and with a d’Rabbanons, if one gives a lenient psak we carry out his decision and only afterwards do we consider possible refutations.
Afterwards Abaye asked his question and Rav Yosef answered that in this case it is permitted because of תרתי דרבנן, commonly referred to as שבות דשבות - we have two issur d’Rabbanons; amira l’akum and carrying in a chatzer without an eruv, which therefore makes the action permitted for לצורך מצוה.
