Talmud - Eruvin 73b עירובין ע״ג ב׳

And if they merged the courtyards of the alleyway, they are permitted to carry both here, in the alleyway, and there, in the courtyards.

If they established an eiruv in the courtyards and also merged the courtyards of the alleyway, and one of the residents of the courtyard forgot and did not contribute to the eiruv in his courtyard, but did participate in the merging of the courtyards in the alleyway, they are permitted both here and there, as the merging of courtyards in the alleyway serves as an effective eiruv for the courtyards as well.

However, if one of the residents of the alleyway forgot and did not participate in the merging of courtyards that open into the alleyway, they are permitted to carry in the courtyards and prohibited from carrying in the alleyway, as the principle is: An alleyway is to its courtyards as a courtyard is to its houses.

GEMARA: The Gemara asks: In accordance with whose opinion is this mishna? The Gemara answers: It is in accordance with the opinion of Rabbi Meir, who said: We require an eiruv and we also require a merging of the courtyards in an alleyway, and one is not sufficient without the other.

The Gemara asks: If so, say the middle clause of the mishna: And if they merged the courtyards in the alleyway, they are permitted to carry both here and there. We have arrived at the opinion of the Rabbis, who say that one is enough, and one does not need both an eiruv and a merging of alleyways.

The Gemara responds: That is not difficult, as the mishna stated as follows: And if they also merged the courtyards in the alleyway, they are permitted to carry in the courtyards and in the alleyway.

The Gemara asks: Say the latter clause of the mishna: If they established an eiruv in the courtyards and also merged the courtyards in the alleyway, and one of the residents of the courtyard forgot and did not contribute to the eiruv in his courtyard but did participate in the merging of the alleyway, they are permitted to carry both here and there. What are the circumstances? If the person who forgot did not renounce his rights to the courtyard in favor of the others, why are they permitted to carry? Rather, it is obvious that he did renounce those rights. But if so, say the last clause of the mishna: If one of the members of the alleyway forgot and did not participate in the merging of the alleyway, they are permitted to carry in the courtyards and prohibited from carrying in the alleyway. But if he renounced his rights, why are they prohibited from carrying in the alleyway?

And if you say that Rabbi Meir holds that renunciation of rights is not effective in an alleyway, that answer is insufficient. Wasn’t it taught in a baraita with regard to an alleyway: As he renounced his rights in your favor; this is the statement of Rabbi Meir? This indicates that Rabbi Meir accepts the principle of renunciation of rights in an alleyway.

Rather, it is obvious that the person who forgot to participate in the merging of alleyways did not renounce his rights. And from the fact that the last clause of the mishna is referring to a case where he did not renounce his rights, it can be inferred that the first clause is also referring to a case where he did not renounce his rights. This would indicate that if they carried out a merging of alleyways, it also serves as an eiruv, even when one of them forgot to contribute to the eiruv and also failed to renounce his rights in the courtyard. This is in accordance with the opinion of the Rabbis, which leads to the puzzling conclusion that the first and last clauses of the mishna are in accordance with the opinion of Rabbi Meir, while the middle clause is in accordance with the opinion of the Rabbis.

The Gemara answers: In fact, it is all in accordance with the opinion of Rabbi Meir. And what is the reason that Rabbi Meir said we require an eiruv and we also require a merging of alleyways? It was only so as not to cause the halakhic category of eiruv to be forgotten by the children. If people would only merge courtyards, the halakha of establishing an eiruv for a courtyard would gradually be forgotten. And here, where only one person forgot to contribute to the eiruv, since most of them established an eiruv for the courtyards, the halakha of an eiruv will not be forgotten. Therefore, there is room to be lenient after the fact and to permit carrying in both places.

Rav Yehuda said: Rav did not teach the mishna as stating that the five courtyards open into one another, but rather that each courtyard opens into the alleyway, and each established its own eiruv. And so too, Rav Kahana said: Rav did not teach the mishna as stating that the courtyards open into one another. Some say that Rav Kahana himself did not teach the mishna as stating that the courtyards open into one another.

Abaye said to Rav Yosef: What is the reason he did not teach the mishna as stating that the five courtyards open into one another? Rav Yosef replied: Because he holds that any merging of alleyways that is not brought in and taken out by way of the entrances that open into the alleyway, i.e., which is not brought from each courtyard into the alleyway and then taken from the alleyway into the courtyard where it will be deposited, is not considered a valid merging of the alleyway. If the food used for the merging of alleyways is transferred directly from one courtyard to another, it seems as though it is being used to establish an eiruv. It is therefore ineffective as a merging of alleyways. Here too, if the courtyards open into one another, the merging of alleyways is invalid, due to a concern that the residents of the courtyard will transfer the food directly from one courtyard to another.

He raised an objection to him based upon the following mishna: A homeowner who was a partner of his neighbors, with this one in wine and with that one in wine, they do not need to establish an eiruv. This indicates that it is not actually necessary to transfer the food used for the merging of alleyways from one place to another. For example, it is sufficient to have a jointly owned barrel of wine in one courtyard even if it did not pass through the alleyway. The Gemara rejects this proof and explains the mishna as follows: There, it is referring to a case where they took the wine out into the alleyway and subsequently brought it in to the courtyard where it was to be kept.

He raised another objection to him from a different mishna: How does one merge courtyards that open into alleyways? The mishna continues and says that it is sufficient for one person to acquire the food used for the merging on behalf of all the other residents of the alleyway. This indicates that the food does not need to pass through all the courtyards in the alleyway. The Gemara rejects this proof as well: There too, it is referring to a case where they first took the food out from each of the courtyards into the alleyway and from there brought it into the courtyard where it was to be deposited.

Rabba bar Ḥanan strongly objects to this: However, if that is so, if he transferred ownership of bread in his basket to another person, so too, it would not be considered a valid merging. And if you say that this is indeed so, didn’t Rav Yehuda say that Rav said: With regard to members of a group who were dining together on Shabbat eve, and the day became sanctified for them, i.e., Shabbat began while they were eating, they may rely upon the bread on the table as an eiruv for the courtyard, and some say, as a merging of the alleyway.

And Rabba said: The two versions do not disagree with each other regarding whether the bread counts as an eiruv or as a merging of the alleyway. Here, where they can use it as an eiruv, it is referring to a case where they were dining in a house, since food deposited inside a house can serve as an eiruv for the courtyard. There, it is referring to a case where they were dining in a courtyard, and therefore they may rely on the bread as a merging of the alleyway. This proves that even Rav agrees that it is not necessary to take the food used to merge an alleyway into the alleyway itself and then bring it back to the courtyard.

Rather, we must retract the previous explanation and say that the reason Rav did not teach the mishna as stating that the courtyards opened into one another is that he holds that an alleyway cannot be rendered permitted for carrying through a side post and a cross beam unless there are houses and courtyards opening into it. If, however, the courtyards open into one another, they are considered like a single courtyard, in which case they cannot be rendered permitted for carrying through a side post or a cross beam, and the merging of the alleyway is ineffective.

The Gemara now examines the matter itself cited in the previous discussion. Rav said: An alleyway cannot become permitted for carrying through a side post and a cross beam,

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

Eruvin 73b explores the interplay between an eiruv and a shared alleyway merger, debating whether both are required or one suffices for carrying on Shabbat.