Siman - Eruvin Daf 79
- A ditch filled with earth and pebbles
The Mishnah on the bottom of Daf 78b stated that if a ditch between two chatzeiros that was ten tefachim deep and four tefachim wide, was filled with earth and pebbles, the two chatzeiros must join in one common eruv and not make two separate eruvs. The Gemara says that this implies, אפילו בסתמא – even without the owner of the earth and pebbles stating intent that he wants to leave the earth and pebbles there, we view the ditch as if it is permanently filled. This contradicts a Mishnah in Ohalos that teaches that a house filled with straw or rocks is only considered filled if one specifically intends to leave them there permanently. Three answers are given.
·Rav Assi answered that our Mishnah is Rebbe Yose with whom the Tanna in Ohalos disagrees.
·Rav Huna brei d’Rav Yehoshua said that we cannot compare to tumah to Shabbos, as people would even abandon a wallet for the duration of Shabbos, since it is muktzeh, but are less likely to abandon something because of tumah.
·Rav Ashi answered that people are more likely to mevatel something in a ditch as it is normal to fill in, than in a house that is not normal to fill in.
- A haystack between two chatzeiros
The next Mishnah states,טפחים מתבן שבין שתי חצרות גבוה עשרה – If a haystack between two chatzeiros is ten tefachim, מערבין שנים ואין מערבין אחד – the residents may make two independent eruvs but may not make one eruv. אלו מאכילין מכאן ואלו מאכילין מכאן – The residents of one of the chatzeiros may feed their animals from here, (meaning the haystack), and so may the other residents. Rashi explains that we are not concerned that their animals will eat so much straw that the height of the haystack will shrink below ten tefachim causing the chatzeiros to merge and prohibit carrying.
Rav Huna said regarding feeding the livestock, ובלבד שלא יתן לתוך קופתו ויאכיל – as long as the owner does not put straw into his basket to feed the animals. Rashi explains that the reason that this is forbidden is either because he might take too much and reduce the height of the mechitzah, or because the straw is muktzeh.
- כיצד משתתפין במבוי
The next Mishnah states, כיצד משתתפין במבוי – How do we make a shituf for a mavoi? מניח את החבית ואומר הרי זו לכל בני מבוי – One places a barrel containing food and declares, “Let this belong to all of the residents of the mavoi,” ומזכה להן על ידי בנו ובתו הגדולים, and he may confer ownership to them through his adult son or daughter, ועל ידי עבדו ושפחתו העברים ועל ידי אשתו, or through his Jewish servants or his wife.
Rav Yehudah said, חבית של שיתופי מבואות צריך להגביה מן הקרקע טפח – the barrel that is being used for shitufei mevo’os, must be lifted it at least one tefach from the ground, otherwise it remains in the domain and control of its owner.
