Siman - Eruvin Daf 86
- The wealthy deserve kavod
The Gemara relates, רבי מכבד עשירים, רבי עקיבא מכבד עשירים – both Rebbe and Rebbe Akiva would show respect to wealthy people, as Rava bar Mari expounded from the verse, ישב עולם לפני אלקים חסד ואמת מן ינצרהו – May he, referring to a king, sit forever before Hashem, appoint kindness and truth that they preserve him. אמתי ישב עולם לפני אלקים – When is the world properly settled before Hashem? בזמן שחסד ואמת מן ינצרהו – When there are kindness and ample provisions for the poor, this preserves the world. Rashi explains that the word, מן means provisions. Since the rich provide for the poor and sustain the world, they deserve kavod.
- One who goes away for Shabbos
The next Mishnah states, המניח ביתו והלך לשבות בעיר אחרת – One who left his house and went to spend Shabbos in another town:
▪ Rebbe Meir says whether he is a nochri that did not rent out his rights or a Jew who did not join in the eruv, he restricts use of the chatzeir. Rashi explains that Rebbe Meir holds, דירה בלא בעלים שמה דירה – a residence without owners present on Shabbos is considered a residence.
▪ Rebbe Yehuda says he does not restrict, since he holds דירה בלא בעלים לא שמה דירה. Rebbe Yose holds that a nochri does restrict, and a Jew does not. Rashi explains that Rebbe Yose holds like Rebbe Yehudah except that there is concern that the nochri will return on Shabbos. It is unlikely however, that a Jew will return on Shabbos.
▪ Rebbe Shimon says that even if the Jew went to spend Shabbos with his daughter in the same town, he is unlikely to return because, שכבר הסיע מלבו – he has already dismissed returning, from his mind. Rav said that the halachah is like Rebbe Shimon when he visits his daughter, but not for one who visits his son. Rashi explains that he has in mind that he might need to return home if he gets into a fight with his daughter in law. A fight with a son-in-law, however, can be endured.
- A cistern between two chatzeiros
In the next Mishnah regarding בור שבין שתי חצירות, a cistern between two chatzeiros, partially in one and partially in the other, Rebbe Yehudah says, לא תהא מחיצה גדולה מן הכותל שביניהם – A mechitzah should not be more effective than the wall which is already between the chatzeiros. Rashi explains that Rebbe Yehudah holds that a wall passing over the cistern is sufficient to legally divide the water, even if it does not enter the cistern’s cavity.
Rabbah bar bar Chanah said in the name of Rebbe Yochanan that Rebbe Yehudah’s ruling is in accordance with the opinion of Rebbe Yose who holds, מחיצה תלויה מתרת אפילה ביבשה, - a suspended partition permits carrying over dry land, such as in the case of a sukkah wall that is woven from the top that is three tefachim from the ground, where Rebbe Yose holds it extends downwards and is valid. The Gemara rejects this suggestion pointing out that perhaps Rebbe Yehudah would only apply the principle to a d’Rabbanon such as eruvin, but not to a d’Oraysa such as a sukkah, and perhaps Rebbe Yose would only apply it to a sukkah which is an איסור עשה but not to a matter of Shabbos which is an איסור סקילה.
