Siman - Eruvin Daf 74
- What type of mavoi can be adjusted with a lechi or a korah?
There is a three-way machlokes regarding what type of mavoi can be adjusted with a lechi or a korah:
▪ Rav said, אין מבוי ניתר בלחי וקורה עד שיהו בתים וחצרות פתוחין לתוכו – a mavoi is not rendered permissible with a lechi or a korah unless there are houses and chatzeiros opening into it, which means at least two chatzeiros that each contain two homes.
▪ Shmuel said, אפילו בית אחד וחצר אחת – even one house without a chatzeir and one chatzeir to which at least one house opens.
▪ Rebbe Yochanan said, אפילו חורבה – even a ruin on one side, and a chatzeir to which at least one house opens. Rav Yosef clarified to Abaye that Rebbe Yochanan did not permit a mavoi if a path through a vineyard is on one side of the mavoi instead of the ruin. The difference is that a ruin is חזי לדירה – somewhat suitable for a residence whereas the vineyard path is not.
- אין לנו בעירובין אלא בלשון משנתנו
The Gemara relates that when Rebbe Elazar overheard someone give over Shmuel’s opinion, that even one house without a chatzeir and one chatzeir to which at least one house opens, he was surprised and went to challenge Shmuel, since Shmuel had said, אין לנו בעירובין אלא בלשון משנתנו – we do not have the right to establish leniencies in the laws of eruvin other than those found in the wording of the Mishnah, and he applied that to our Mishnah that stated, שהמבוי לחצרות כחצר לבתים – the relationship of a mavoi to its chatzeiros is similar to the relationship of a chatzeir to its houses. The plural form of chatzeiros implies that more than one chatzeir is required to grant mavoi status. Shmuel was silent and the Gemara seeks to determine if his silence meant that he accepted or that he rejected the challenge.
- The mavoi of Ivus bar Ihi
The Gemara suggested that Shmuel did not retract his position based on a mavoi in which Ivus bar Ihi lived that was adjusted with a lechi and Shmuel permitted it. The Gemara on Amud Beis clarifies that a shul also opened into the mavoi that contained an apartment, making this a case of a mavoi with one chatzeir, the one in which Ivus lived, and one house, the apartment in the shul. After Shmuel’s death Rav Anan came and threw the lechi down because it did not have two chatzeiros with two houses each opening into it, and Ivus protested since the lechi was done under the direction of Shmuel. This seems to indicate that Shmuel did not retract his position.
The Gemara rejects this proof saying that Shmuel did accept Rebbe Elazar’s objection and retracted and required two chatzeiros with two houses each. In this case, the chazzan of the shul would eat his meals at his home in another chatzeir and sleep in the shul. Since Shmuel held that מקום לינה גורם – where one sleeps defines his residence, the shul building was considered a regular chatzeir with two homes, the room the chazzan slept in, as well as another apartment in it. This, together with the chatzeir of Ivus made this mavoi legitimate since it was considered to have two chatzeiros.