Talmud - Eruvin 72b עירובין ע״ב ב׳

The Gemara raises an objection based on the following baraita: Rabbi Yehuda the Keen [hasabbar], who was known by this name due to his sharp mind, said: Beit Shammai and Beit Hillel did not disagree about partitions that reach the ceiling, as all agree that they require a separate contribution to the eiruv for each and every group. With regard to what did they disagree? With regard to partitions that do not reach the ceiling, as Beit Shammai say: A separate contribution to the eiruv is required for each and every group, and Beit Hillel say: One contribution to the eiruv suffices for all of them.

According to the one who said that it was with regard to partitions that reach the ceiling that there was a dispute, this baraita offers a conclusive refutation. And according to the one who said that it was with regard to partitions that do not reach the ceiling that there was a dispute, the baraita offers support. With regard to that version which holds that Rav Naḥman said: The dispute applies only where they divided the hall with a mesifas, this baraita is a conclusive refutation.

However, the following issue needs further clarification: With regard to that version which holds that Rav Naḥman said: The dispute applies even where the hall was divided with a mesifas, shall we say that Rabbi Yehuda the Keen’s statement is a conclusive refutation? That is to say, does it imply that all agree that in the case of a mesifas, one eiruv suffices for them all?

Rav Naḥman could have said to you: They explicitly disagreed about a partition, and the same is true of a partition of pegs. And the fact that they disagree with regard to a partition rather than a partition of pegs is to convey to you the far-reaching nature of the opinion of Beit Hillel. Even where the compartments are divided by full-fledged partitions, Beit Hillel remain of the opinion that one contribution to the eiruv suffices for all of them, as the partitions do not turn them into separate residences.

The Gemara asks: If they disagreed in both cases, let them disagree in the baraita about a mesifas, and thereby inform you of the strength of Beit Shammai. They are stringent and require a separate contribution to the eiruv for each and every group, even in the case of a mesifas. The Gemara answers: It is preferable for the tanna to teach us the strength of a permissive ruling. If a tanna can formulate a dispute in a manner that emphasizes the strength of the more lenient position, he will do so.

Rav Naḥman said that Rav said: The halakha is in accordance with the statement of Rabbi Yehuda the Keen, that all agree that where the partitions reach the ceiling, a separate contribution to the eiruv is required for each group, and that they disagree only about partitions that do not reach the ceiling.

Rav Naḥman bar Yitzḥak said: The mishna is also precise according to this view, as it teaches: And Beit Hillel concede that when some of them occupy separate rooms or upper stories, they require a separate eiruv for each and every group. What is the meaning of the word rooms, and what is the meaning of the term upper stories? If you say that the word rooms refers to actual rooms and the term upper stories refers to actual upper stories, i.e., they were separate from the beginning and are not subdivisions of a larger room, it is obvious, as this is the halakha governing the case of many people residing in the same courtyard. Rather, doesn’t it mean that they are similar to rooms and similar to upper stories? And what are these partitions? They are partitions that reach the ceiling; and even though they are not actual rooms or upper stories, they are considered like rooms and upper stories. The Gemara concludes: Indeed, learn from this that this is the case.

It was taught in a baraita: In what case is this statement, that Beit Shammai require a separate contribution to the eiruv from each group, said? It is in a case where the groups in the hall bring their eiruv elsewhere in the courtyard, i.e., to a different house. But if their eiruv was coming to them, i.e., if the other members of the courtyard brought their contributions and established the eiruv in that hall, all agree that one contribution to the eiruv suffices for all of them. The fact that the eiruv is placed in this house renders all of its residents members of a single unit.

The Gemara comments: In accordance with whose opinion is the ruling that was taught in the following baraita: With regard to five people who live in the same courtyard and collected their eiruv, when they take their eiruv elsewhere in the courtyard, one contribution to the eiruv suffices for all of them. In accordance with whose opinion is this ruling? In accordance with the opinion of Beit Hillel.

And some say a different version of the previous passage: In what case is this statement, that Beit Hillel require only one contribution for all the groups together, said? It is in a case where the eiruv was coming to them. But if the groups in the hall were bringing their eiruv elsewhere in the courtyard, all agree that a separate contribution to the eiruv is required for each and every one of them.

If so, in accordance with whose opinion is the ruling that was taught in the baraita: With regard to five people who live in the same courtyard and collected their eiruv, when they take their eiruv elsewhere in the courtyard, one contribution to the eiruv suffices for all of them. In accordance with whose opinion is this ruling? It is not in accordance with either one of them.

MISHNA: In the case of brothers who were eating at their father’s table and sleeping in their own houses in the same courtyard, a separate contribution to the eiruv is required for each and every one of them. Therefore, if one of them forgot and did not contribute to the eiruv, he must renounce his rights in the courtyard in order to render carrying in the courtyard permitted to the rest of the courtyard’s residents.

When do they state this halakha? They state it when they take their eiruv elsewhere in the courtyard, i.e., to the house of one of the other residents. But if the eiruv was coming to them, i.e., if it was placed in their father’s house, or if there are no other residents with the brothers and their father in the courtyard, they are not required to establish an eiruv, as they are considered like a single individual living in a courtyard.

GEMARA: The Gemara comments on the statement in the mishna that a separate contribution to the eiruv must be made by each of the brothers if they sleep in their own houses: Learn from it that one’s place of sleep determines the location of his residence. The Gemara rejects this conclusion. Rav Yehuda said that Rav said: They taught this mishna with regard to brothers who receive a portion from their father. The mishna is not referring to brothers who actually eat at their father’s table, but rather to brothers whose father supplies them with food that they eat in their own homes.

The Sages taught in a baraita: One who has a gatehouse, porch, or balcony in his friend’s courtyard does not render the owner of the courtyard prohibited from carrying there without an eiruv, as these locations are not considered residences. However, if he has a storeroom of straw, a cattle shed, a woodshed, or a storehouse in his friend’s courtyard, he renders it prohibited for his friend to carry there without an eiruv. Rabbi Yehuda says: Only a place of actual dwelling renders carrying prohibited, but a building that is not designated for residence does not render carrying without an eiruv prohibited for another resident of the courtyard.

Rabbi Yehuda said: There was an incident with ben Nappaḥa, who had houses in five courtyards in Usha, only one of which served as his own residence. And the case came before the Sages to decide whether an eiruv must be made for all of them, and they said: Only a house of residence renders carrying prohibited.

The Gemara expresses surprise at the wording of the baraita: Does it enter your mind that the correct reading is a house of residence? He has a house in each of the five courtyards. Rather, say: A place of residence, i.e., it is prohibited to carry in the place where he actually lives, but nowhere else.

The Gemara asks: What is considered one’s place of residence? Rav said:

Traduction : The William Davidson digital edition of the Koren Noé Talmud, with commentary by Rabbi Adin Even-Israel Steinsaltz.

Eruvin 72b examines the Beit Shammai-Beit Hillel dispute over whether shared courtyards divided by partitions need one or multiple eiruv contributions.