Eruvin 131

יפה עשיתם ששכרתם תהו בה נהרדעי ומי א"ר יוחנן הכי והא"ר יוחנן שוכר כמערב דמי מאי לאו מה מערב מבעוד יום אף שוכר מבעוד יום

You have acted well in renting the place'. The Nehardeans were astonished at this decision.<span class="x" onmousemove="('comment',' Just attributed to R. Johanan.');">¹</span> Could R'Johanan, [they argued,] have given such a decision, seeing that R'Johanan laid down that renting is subject to the same law as that of the preparation of an 'erub, which means, does it not, that as the preparation of an 'erub must take place while it is yet day so must renting also take place while it is yet day?<span class="x" onmousemove="('comment',' How then could it be asserted that R. Johanan approved of the renting of the heathen's share on the Sabbath?');">²</span>

לא מה מערב ואפילו בפחות משוה פרוטה אף שוכר בפחות משוה פרוטה ומה מערב אפילו שכירו ולקיטו אף שוכר אפילו שכירו ולקיטו

- No;<span class="x" onmousemove="('comment',' Sc. the comparison was not intended, as suggested, to restrict the laws of 'erub, but rather, since in all questions of 'erub the lenient course is followed, to relax them.');">³</span> the meaning is that as an 'erub may be prepared even with food that is worth less than a perutah<span class="x" onmousemove="('comment',' V. Glos.');">⁴</span> so may renting also be effected even with less than a perutah,<span class="x" onmousemove="('comment',' V. Glos.');">⁴</span>

ומה מערב חמשה ששרוין בחצר אחת אחד מערב ע"י כולן שוכר נמי חמשה ששרוין בחצר אחת אחד שוכר ע"י כולן

and as an 'erub for a heathen's share is valid even if effected through his hired labourer or retainer<span class="x" onmousemove="('comment',' If he was an Israelite (cf. supra 64a) .');">⁵</span> so may his share be rented even from his hired labourer or his retainer,<span class="x" onmousemove="('comment',' Who was not an Israelite.');">⁶</span> and as in the case of 'erub, if five tenants lived in one courtyard,<span class="x" onmousemove="('comment',' Whose door opened into another courtyard.');">⁷</span>

תהי בה רבי אלעזר אמר רבי זירא מאי תהייא דר"א אמר רב ששת גברא רבה כרבי זירא לא ידע מאי תהייא דר"א קא קשיא ליה דשמואל רביה

one of them may join in an 'erub<span class="x" onmousemove="('comment',' With the tenants of the other courtyard.');">⁸</span> for all of them<span class="x" onmousemove="('comment',' Cf. infra 72b.');">⁹</span> so also in the case of renting, if five tenants<span class="x" onmousemove="('comment',' Israelites.');">¹⁰</span>

דאמר שמואל כל מקום שאוסרין ומערבין מבטלין מערבין ואין אוסרין אוסרין ואין מערבין אין מבטלין

lived in one courtyard,<span class="x" onmousemove="('comment',' Where a heathen tenant also lived.');">¹¹</span> one of them may rent the heathen's share on behalf of all of them. R'Eleazar was astonished at it.<span class="x" onmousemove="('comment',' At the decision supra to rent the heathen's share on the Sabbath and to renounce the individual Israelites' rights in favour of one of them.');">¹²</span>

כל מקום שאוסרין ומערבין מבטלין כגון ב' חצירות זו לפנים מזו

'What', R'Zera asked: 'could have been the cause of R'Eleazar's astonishment? ' That such a great man as R'Zera, exclaimed R'Shesheth, should not know why R'Eleazar was astonished! His difficulty, [of course] was a ruling of his Master Samuel who laid down: Wherever tenants<span class="x" onmousemove="('comment',' In the absence of an 'erub.');">¹³</span> impose restrictions upon one another but may<span class="x" onmousemove="('comment',' If they wish.');">¹⁴</span> join together in an 'erub they may<span class="x" onmousemove="('comment',' Where they have failed to prepare their 'erub on the Sabbath eve.');">¹⁵</span>

מערבין ואין אוסרין אין מבטלין כגון ב' חצירות ופתח א' ביניהן

renounce their rights to their shares in favour of one of them;<span class="x" onmousemove="('comment',' Thereby constituting the entire courtyard as the domain of that one tenant and they in consequence are enabled to move objects from place to place within the courtyard as well as from that tenant's house into the courtyard and vice versa; the movement of objects from their own houses into the courtyard and vice versa would, of course, remain forbidden.');">¹⁶</span> where they may<span class="x" onmousemove="('comment',' If they wish.');">¹⁴</span> join in an 'erub but<span class="x" onmousemove="('comment',' Even in the absence of an 'erub.');">¹⁷</span>

אוסרין ואין מערבין אין מבטלין לאתויי מאי לאו לאתויי נכרי

do not impose restrictions upon one another, or when they do<span class="x" onmousemove="('comment',' In the absence of an 'erub.');">¹⁸</span> impose restrictions upon one another but may not<span class="x" onmousemove="('comment',' Even if they desire it.');">¹⁹</span> join in an 'erub, they may not renounce their rights in favour of one of them.'

ואי דאתא מאתמול לוגר מאתמול

Wherever tenants impose restrictions upon one another but may join together in an 'erub they may renounce their rights to their shares in favour of one of them' as, for instance, in the case of two courtyards, one within the other.<span class="x" onmousemove="('comment',' The tenants of the inner courtyard, if they do not join in an 'erub for their courtyard, restrict the use of the outer courtyard by its tenants, on account of the former's right of passage through it. They may join in an 'erub with the outer tenants if they desire to do so, by preparing one on the Sabbath eve. They may, therefore, should they even happen to have failed to prepare the 'erub on the Sabbath eve, renounce their right of passage through the outer courtyard in favour of its tenants and thus remove the latter's restrictions upon its use.');">²⁰</span> 'Where they may join in an 'erub but do not impose restrictions upon one another. they may not renounce their rights in favour of one of them' as, for instance, in the case of two courtyards<span class="x" onmousemove="('comment',' Each of which has a door of its own to an alley or a public domain.');">²¹</span> that have a common door between them.<span class="x" onmousemove="('comment',' In addition to their other doors. The tenants of these two courtyards may join in an 'erub if they wish but, since each courtyard is self-contained, they do not impose restrictions upon one another even in the absence of an 'erub. As renunciation of rights in a courtyard was permitted only where the tenants impose restrictions upon one another no renunciation is here allowed.');">²²</span> Now what case was intended to be included in the statement, 'Where they do impose restrictions upon one another but may not join in an 'erub they may not renounce their rights in favour of one of them'? Was not this meant to include the case of the heathen?<span class="x" onmousemove="('comment',' Who lived in a courtyard with two Israelites. In such a case the two Israelites would impose restrictions upon one another but could not join in an 'erub on account of the heathen tenant.');">²³</span> Now,<span class="x" onmousemove="('comment',' Since this case-was apparently intended.');">²⁴</span> if the heathen had come home on the Sabbath eve,<span class="x" onmousemove="('comment',' Lit., 'and if he came since yesterday'.');">²⁵</span> could not his share have been hired prior to the Sabbath?<span class="x" onmousemove="('comment',' Lit., 'from yesterday'. Of course it could. Why then, since all 'erub could well be prepared after the heathen's share had been hired, is this case described as one where the tenants 'impose restrictions' but 'may not join in an 'erub'?');">²⁶</span>