Siman - Eruvin Daf 81
- Using whole loaves for the eruv or shituf
The Mishnah on the bottom of Daf 80b stated that according to Rebbe Eliezer, בכל מערבין ומשתתפין חוץ מן המים ומן המלח - any food may be used to make an eruv or shituf except water and salt. Rebbe Yehoshua said, ככר הוא עירוב – only a whole loaf of bread is valid as an eruv. Even if a loaf that is baked from a se’ah of flour is slightly broken, it may not be used, whereas a loaf the size of an issur, so long as it is whole, may be used as an eruv.
Rebbe Yose ben Shaul said in the name of Rebbe that the reason for Rebbe Yehoshua’s ruling is, משום איבה – because of ill will. Rashi explains that the residents who contributed whole loaves might complain to those who contributed only broken loaves. Rav Ashi explained to Rav Acha brei d’Rava that even if all of the residents contributed only broken loaves, Rebbe Yehoshua would n ot approve because, שמא יחזור דבר לקלקולו – perhaps the situation will revert to its problematic state that people will become accustomed to donate broken loaves even when others donate whole loaves.
- Giving money to the grocer or baker without doing meshichah
The next Mishnah states that according to Rebbe Eliezer, נותן אדם מעה לחנוני ולנחתום כדי שיזכה לו עירוב – A person may give a ma’ah to a grocer or a baker so that the grocer or baker can confer upon him ownership in the eruv or shituf made from the grocer’s wine or the baker’s loaf of bread, whereas according to the Chochomim, לא זכו לו מעותיו – his money does not acquire a share of the eruv for him.
The Gemara asks how Rebbe Eliezer could permit payment alone, הא לא משך – he did not do meshichah and bring the food into his possession, which is a De’Rabbonon requirement to acquire an object. Rav Nachman said in the name of Rabbah bar Avahu, עשאו רבי אליעזר כארבעה פרקים בשנה – Rebbe Eliezer treated this matter like the case of “four seasons of the year.” The Gemara cites a Mishnah in Chullin that enumerates the four busiest days of the year for butchers, as the days before Shemini Atzeres, Pesach, Shavuos and Rosh Hashanah. The Rabbanon waived the necessity for meshichah on these days because of these special circumstances. Rashi explains that Rebbe Eliezer rules that in the case of eruv the Rabbanon also waived the need for meshichah to facilitate making the eruv because it is for Shabbos.
- Giving money to a neighbor who is acting as a shaliach
The Mishnah continues, ומודים חכמים בשאר כל האדם שזכו לו מעותיו – the Chochomim concur that in regard to all other people who are not merchants, to whom the resident gave money with which to acquire for him a portion of the eruv, that his money acquires for him ownership in a portion of the eruv food. Rashi explains that when the person says, “Obtain for me a possession in the eruv,” his intent is different. Since ordinary people do not sell loaves of bread, he intended to merely appoint the other person to act as his shaliach, where the money is being provided for the service rather than payment for the loaf of bread. In the case of the grocer, if the person had instructed him to make an eruv for him, the eruv would be valid.
