תלמוד על עירובין 3:1

³⁹The paragraph has a parallel in Eruvin 3, fol. 20d. Rebbi Yose⁴⁰This must be R. Yose ben R. Ḥanina since R. Eleazar quotes in his name. No Rebbi Sheshet is known from another source; Rav Sheshet holds in Babli Eruvin 32a that one always may trust an agent to fulfill the duties of his agency. This is rejected here. The older R. Yose ben Ḥanina is not likely to quote from the younger Rav Sheshet. in the name of Rebbi Sheshet, Rebbi Eleazar in the name of Rebbi Yose in the name of Rebbi Abin: If somebody says to another I shall tithe for you, he does not have to be with him. There⁴¹Mishnah Eruvin 3:3. For the notion of eruv, cf. Peah 8, Note 56., we have stated: “If he put it in a tree, higher than ten hand-breadths it is not an eruv, lower than ten hand-breadths it is an eruv.” Rebbi Eleazar said, he has to be with him⁴²The previous Mishnah states: “An eruv sent through an insane, a deaf and dumb, or a minor is invalid. If the eruv will be delivered to a competent person, it is valid.” In the interpretation of the Yerushalmi, the two Mishnaiot belong together; the person who puts the eruv into a tree at the border of the Sabbath domain is an agent of the person who intends to use the eruv. The latter has to check that the agent executed the terms of his agency.. And here, you say so? Rebbi Ḥiyya bar Ada said, here about an adult, there about a minor. Rebbi Ḥananiah said in the name of Rebbi Ḥanina, you may even say in both cases we deal with an adult or in both cases we deal with a minor. There, when he says, make an eruv for me! But here, he says I shall tithe for you⁴³The initiative is the agent’s, not the beneficiary’s.. This learns from that and that learns from this. This learns from that, if he says I shall make an eruv for you, he does not have to be with him. That learns from this, if he says tithe for me, he has to be with him.

HALAKHAH: Paragraph. “If it rolled outside the Sabbath boundary,” etc. They said only “if it became impure.¹¹⁵Mishnah 4, the case of an eruv made with heave, which is food only if pure. The Mishnah only deals with the case that there is certainty that the heave became impure, the only question is when it happened. The eruv is valid if and only if the heave was pure at the beginning of the Sabbath at sundown or in early twilight. Babli 36a.” A doubt whether it became impure when it still was daylight, a doubt whether it became impure in the night. But if there was a doubt whether it was pure or impure one may use it for an eruv¹¹⁶If the eruv was deposited in the public domain, any doubt whether there is purity has to be resolved in favor of purity (cf. Soṭah 1:2 Note 88). The Babli 36a disagrees.. Rebbi Samuel bar Naḥman in the name of Rebbi Jonathan: They followed the status quo ante¹¹⁷Both groups, R. Meïr and R. Jehudah who are restrictive and R. Yose and R. Simeon who are lenient agree with the principle that in cases of doubt one presumes the permanence of the prior state; cf. Giṭṭin 6:3 (Note 87)..

HALAKHAH: “Rebbi Eliezer says,” etc. “But the Sages say, either one makes an eruv to one side.” So is the Mishnah: Either one makes an eruv to one side for two days or one does not make an eruv at all¹⁵²The words “in one direction” are missing in Mishnah 9.. Rebbi Eliezer agrees that one cannot make an eruv for half a day in the South and one for half a day in the North, for half a day in the South and one for half a day (in the North)¹⁵³The words in parentheses are clearly out of place but they are also found in G. for the people of his place. They told him, just as you did not split the day for us, so do not split two days for us¹⁵⁴Cf. Note 22. Even though the sanctity of the Sabbath is different in kind from that of the holiday, for the eruv to become effective on the Sabbath one would have to invalidate the eruv for the holiday some time before sundown.. They agree that he should not put them¹⁵⁵The eruvim for the two days. in a basket. Rebbi Abba said, that he should not forget and eat it. If he did put it into a basket, he should bring the basket there. If he eats one of them he is a donkey driver-camel driver¹⁵⁶If it cannot be determined which day’s eruv was eaten both are potentially valid or invalid both days..