Siman - Eruvin Daf 95
- Carrying under an upper story
The last Mishnah in the perek states, הבונה עלייה על גבי שני בתים – if one builds a second story over two houses that are on opposite sides of a reshus harabim, one is permitted to carry underneath this upper floor according to Rebbe Yehuda. The Chachomim disagree and say that it is assur to carry there.
Rabbah explains the reasoning of Rebbe Yehuda, that the reason he permits it is not because he holds that two walls, meaning the side of each building, are a proper mechitzah mid’Oraysa, but rather because he holds that פי תקרה יורד וסותם – we look at the ends of the upper floor as if walls are extending downwards from it. Therefore, there are actually four walls.
Rabbah explained to Abaye that while it is true that it is known from a Baraisa that Rebbe Yehuda holds that two walls create a mechitzah mid’Oraysa, when he had said this is not the reasoning of Rebbe Yehuda, he meant to say that you cannot positively see that from our Mishnah, as Rebbe Yehuda's reasoning in our Mishnah may be because he holds that פי תקרה יורד וסותם.
- Bringing lost tefillin inside
The opening Mishnah of the tenth perek states, המוצא תפילין - one who finds tefillin on Shabbos in a field, where one is not permitted to carry and where the tefillin are in danger of being destroyed, מכניסין זוג זוג, - he should bring them in pair by pair. Rashi explains that he should put them on as if he is doing the mitzvah one at a time and continue this process until he has brought in all the pairs of tefillin. Rabban Gamliel disagrees and says that one must put two of the של ראש on his head and two of the של יד on his arm and bring them into his house in that manner. The Mishnah adds that one does this on Shabbos if it is clear that these tefillin were real. If they appear to be just kameyas, then one may not carry them on Shabbos in order to save them from desecration.
- The mitzvah of tefillin on Shabbos
The Gemara asks that if Rabban Gamliel holds the reason one is allowed to bring in tefillin by wearing them is that שבת זמן תפילין הוא, then he should only permit wearing one pair of tefillin at a time, and if he holds that שבת לאו זמן תפילין הוא and it is only for the purpose of saving the tefillin that the Rabbanon permitted transporting them in the form of attire, then he should be allowed to wear and transport even more than two pair at a time. The Gemara answers that Rabban Gamliel holds שבת לאו זמן תפילין הוא, however the reason he cannot wear more than two pairs is that the Rabbanon permitted wearing tefillin in the manner of attire for saving them, במקום תפילין, in the place where tefillin is supposed to be worn. The Gemara concludes that there is place on the head for two pairs of tefillin and place on the arm for two pairs to be worn.
