Siman - Eruvin Daf 69

• איזהו ישראל מומר

Rav Huna said: איזהו ישראל מומר –, who is considered an irreligious Jew, which Rashi explains to mean that we consider this person an irreligious Jew in regard to everything. זה המחלל שבתות בפרהסיא – This is anyone who publicly desecrates Shabbos. Rav Nachman asked which Tanna does Rav Huna's statement goes according to. If it goes according to Rebbe Meir who said, חשוד לדבר אחד חשוד לכל התורה כולה – one who is suspected in one area of Torah law is suspected to violate the entire Torah, אפילו באחד מכל איסורין שבתורה נמי – even if he violated any Torah prohibition other than Shabbos he should be considered a mumar for everything? If it goes according to the Rabbanon who say, חשוד לדבר אחד לא הוי חשוד לכל התורה כולה  - one who is suspected to violate one area of Torah law is not suspected to violate the entire Torah, עד דהוי מומר לעבודת כוכבים – unless he is a heretic for avodah zarah, why did Rav Huna say only a mechallel Shabbos is a mumar in regard to everything?

Rav Nachman bar Yitzchak answered that Rav Huna's question was, who is considered irreligious insofar as he is not able ליתן רשות ולבטל רשות –to cede and relinquish his rights in regard to an eruv. To that, Rav Huna answers המחלל שבת בפרהסיא. Rav Huna holds like the Rabbanon that a מחלל שבת בפרהסיא is not suspect in other areas, but he is treated as a nochri in regards to ceding and relinquishing his rights of an eruv. Rav Ashi disagreed and said that Rav Huna was following a Tanna that holds chillul Shabbos is as stringent as avodah zara.

• When one of the residents forgets to participate in the eruv

The next Mishnah states,  אנשי חצר ששכח אחד מהן ולא עירב – Members of a chatzeir, one of whom forgot and did not participate in the eruv, ביתו אסור מלהכניס ומלהוציא – his house is restricted with regards to carrying articles in or out, לו ולהם – both to him and to them, even though he was mevatel his reshus to the other residents. The Gemara asks why his house is restricted to the residents if he was mevatel his reshus, and answers that the case is that he was only mevatel the rights of his chatzeir, and the Rabbanon hold, המבטל רשות חצירו רשות ביתו לא ביטל – one who relinquishes his rights to his chatzeir does not relinquish rights to his house, דדייר איניש בבית בלא חצר – because a person sometimes lives in a house without having rights to a chatzeir.

• The resident who relinquishes his rights is considered a guest

The Mishnah continues, ושלהם מותרין לו ולהם – however, their houses are permitted to him and to them. The Gemara asks what the reason is that the person who relinquished his rights to the chatzeir is permitted to carry from the other residents’ houses to the chatzeir, since this should seemingly cause him to get back his rights in the chatzeir. The Gemara answers, דהוי אורח לגבייהו – because he is considered to be their guest. Rashi explains that since he did not carry from his house, even though he uses the chatzeir, he does not regain his relinquished rights because he is considered like their guest.