Siman - Eruvin Daf 97
- Purchasing tefillin from someone who is not an expert
Rav Chisda said in the name of Rav, הלוקח תפילין ממי שאינו מומחה – One who purchases many pairs of tefillin from someone who is not an expert in the laws of tefillin, which Rashi explains to mean a middleman who purchased them from someone else, בודק שתים של יד ואחת של ראש – He must examine two arm tefillin and one head tefillin, או שתים של ראש ואחת של יד – or two head tefillin and one arm tefillin, to determine their validity. The Gemara clarifies that the middleman bought the tefillin from one person and we must establish that the sofer who wrote them is expert in both arm and head tefillin.
Rav Kahana brought a Baraisa that one need only check two tefillin, one arm and one head, and the Gemara answers that the Baraisa follows Rebbe who said, בתרי זימני הוי חזקה – a chazakah is established upon the occurrence of an act two times. Rebbe concedes that if someone bought several bundles that come from different sofrim, then a chazakah needs to be established for each one.
- How to transport tefillin from the field
The Gemara clarified that according to the Tanna Kamma of the Mishna on Daf 95b regarding finding tefillin in the field, if the danger is posed by סכנת ליסטים, highwaymen, מוליכין פחות פחות מארבע אמות – then one should transport all the tefillin by walking less than four amos at a time. Rebbe Shimon says, נותנן לחבירו וחבירו לחבירו – one should pass the tefillin from person to person until one reaches the city. The Gemara explains that the Tanna Kamma holds walking less than four amos is preferable since with the method of passing from one person to another, אוושא מלתא דשבת – the matter of disrespect for Shabbos is needlessly publicized. Rebbe Shimon holds it is preferable to pass from one person to the next since there is concern with the method of walking less than four amos, that one might not realize and come to carry four amos in reshus harabim.
- Transporting a barrel of water beyond the techum
It was stated in the Mishnah on Daf 95b, that Rebbe Yehudah said, נותן אדם חבית – a person may give a barrel containing water to his friend, and his friend to his friend, even if the barrel is transported beyond the owner’s techum. The Gemara asked if Rebbe Yehudah does not accept what was learned in a Mishnah in Beitzah, הבהמה והכלים כרגלי הבעלים – Animals and keilim are as the feet of their owners, meaning they may not be carried beyond where their owners may go? After the first answer was rejected, Rava answered that the Mishnah was dealing with a barrel that acquired its makom shevisa and techum of the owner, but the water had not since it was drawn from a spring or river on Shabbos or Yomtov. Transporting the barrel beyond the techum is not problematic, דבטלה חבית לגבי המים – since the legal significance of the barrel is negated vis-à-vis the water. The barrel is tafel to the water. A third answer is also provided.
