Siman - Eruvin Daf 73
- Wives vs. Servants
It was taught in a Baraisa, מי שיש לו חמש נשים מקבלות פרס מבעליהן – someone who has five wives who live in separate houses in a chatzeir, but receive support from him, and he lives in a house in that same chatzeir, וחמשה עבדים מקבלין פרס מרביהן – or five servants who live in separate houses but receive support from their master who lives in that same chatzeir, Rebbe Yehudah ben Beseirah is matir the chatzeir to be used by everyone in the case of the women but is oser it in the case of the servants. Rashi explains that even though the servants are supported by the master their relationship is not as strong as marriage.
Rebbe Yehudah ben Bava is matir the chatzeir in the case of the servants but he is oser it in the case of the women. Rav explained Rebbe Yehudah ben Bava’s reason for holding that the master-servant relationship is stronger is based on the passuk, ודניאל בתרע מלכא – and Daniel was in the gate of the king . The Meiri explains that even though Daniel spent most of his time learning, and was not actually in the king’s court, since he was conscious of his obligations to the king, it was considered as if he was in the gate of the king.
- Measuring a yeshiva’s techum
Rav Chiya bar Avin asked Rav Sheishess where members of a yeshivah should measure their techum from if they eat their bread in the inns of a nearby valley and come to sleep at the yeshivah, and Rav Sheishess answered that they measure it from the yeshivah. The Gemara asks that if this is so then when someone places his eruv techumin within two thousand amos of his home and sleeps at home, why is the techum measured from the location of his eruv? The Gemara answers that in that case, אנן סהדי – we can attest to their intentions that if they could reside by their eruv they would, whereas in the case of the yeshivah students, אנן סהדי – we can attest that they would prefer if people would bring bread to them in the yeshivah.
- When Rebbe Meir is not concerned that Toras Eruv will be forgotten
One of the four cases mentioned in the next Mishnah states, חמש חצרות פתוחות זו לזו ופתוחות למבוי – Five chatzeiros that open to one another and also open to a mavoi, if they joined in an eruv for the chatzeiros and merged in a shituf for the mavoi, and one of the residents forgot and did not join in the eruv, מותרין כאן וכאן – they are permitted here (in the chatzeir) and here (in the mavoi). This seems to indicate that a shituf can serve in lieu of an eruv. Yet the Gemara clarifies that the Mishnah is going according to Rebbe Meir who holds that both an eruv and shituf are necessary. The Gemara explains that Rebbe Meir’s concern was, שלא לשכח תורת עירוב מן התינוקות – in order not to cause the institution of eruv to be forgotten by the children, but here, since most of the residents did join in the eruv it will not be forgotten. Therefore, even Rebbe Meir would allow the shituf to serve in lieu of an eruv in this case.