Siman - Eruvin Daf 75
- דריסת הרגל
The next Mishnah introduces a machlokes between Rebbe Akiva and the Chochomim in a case of two chatzeiros which are arranged one behind the other, and each one joined in its own eruv. The point of dispute is whether the דריסת הרגל - the right of passage of the inner chatzeir restricts the outer chatzeir. When Rav Dimi came from Eretz Yisroel to Bavel he explained in the name of Rebbe Yannai the understanding of the machlokes, which was subsequently challenged.
When Ravin came to Bavel from Eretz Yisroel he gave over the proper understanding of Rebbe Yannai’s explanation of the machlokes, that in fact there are three opinions. The Tanna Kamma holds, רגל המותרת אינה אוסרת - the right of passage of a person who is permitted in his own chatzeir, does not restrict the outer chatzeir. Rebbe Akiva holds, אפילו רגל המותרת אוסרת – even the right of passage of someone who is permitted in his own chatzeir forbids, and the Rabbanon hold, כשם שרגל מותרת אינה אוסרת – Just as the right of passage of a person who is permitted does not restrict, כך רגל האסורה אינה אוסרת – so too, the right of passage of a person who is restricted does not restrict.
- A joint eruv between two chatzeiros
It was stated in a Baraisa that if the residents of the two chatzeiros placed a joint eruv in the inner chatzeir and one of the residents of the outer chatzeir forgot to join in the eruv, Rebbe Akiva holds that the residents of both chatzeiros are restricted, whereas the Chochomim say that the inner chatzeir is permitted and the outer one is restricted.
The Gemara explains that according to the Chochomim who hold אין ביטול רשות מחצר לחצר, they allow the inner chatzeir to dissolve the eruv because they can claim, לתקוני שיתפתיך ולא לעוותי – I merged with you to improve my situation and not to detract from it. Rebbe Akiva does not permit the inner residents to dissolve the eruv since he holds יש ביטול רשות מחצר לחצר. This provides an alternative way for the inner residents to restore their rights in the chatzeir via the residents in the outer chatzeir being mevatel reshus in their chatzeir.
- בית שער דיחיד
Rav Yehudah said in the name of Shmuel, עשרה בתים זה לפנים מזה – if ten houses are arranged one behind the other, where only the outer house opens directly to the chatzeir, פנימי נותן את עירובו ודיו – the inner house must contribute its portion of an eruv being formed in the chatzeir with the other residents, and this is sufficient. Rebbe Yochanan said, אפילו חיצון – even the outer one must contribute, which the Gemara clarifies to mean the ninth inner house.
The Gemara explains that Shmuel holds בית שער דיחיד שמיה בית שער – the gatehouse of an individual is legally treated as a gatehouse, and therefore the ninth house which only serves as an entrance for the tenth house, does not restrict the chatzeir, whereas Rebbe Yochanan holds לא שמיה בית שער – it is not treated as a gatehouse and must contribute to the eruv. All the other houses are considered a בית שער since they serve as entranceways for more than one house, and therefore, do not restrict the eruv.
