Eruvin 62b
עירובין ס״ב ע״ב
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Topic
A gentile's residence in a shared courtyard, the practical ruling like רבי אליעזר בן יעקב, and the ban on a student ruling in his teacher's place
Overview
The גמרא examines a ברייתא that says a gentile's courtyard is like an animal pen. It asks why our משנה says a gentile in a shared courtyard does prohibit carrying. The answer is that a gentile prohibits only when he is present. Then the גמרא asks what principle explains why an absent Jew prohibits but an absent gentile does not. It answers that a home without its owner (דירה בלא בעלים) does not count. The רבנן decreed that an absent Jew still prohibits. A gentile prohibits even when present only because of a גזירה, so no further decree was added for when he is away. A משנה about a gentile who left town is explained as a case where he returns on שבת itself. The גמרא then rules like רבי אליעזר בן יעקב, with three levels of strength: הלכה, מנהג, or נהגו העם. This leads to a discussion of whether a student may rule in his teacher's place. רב חסדא would not rule even on an egg in כותח during רב הונא's lifetime, but he did rule in the town of כפרי.
Opening lines
אָמַר מָר:
The Master said:
חֲצֵירוֹ שֶׁל גּוֹי
The courtyard of a gentile
הֲרֵי הוּא כְּדִיר שֶׁל בְּהֵמָה.
is like the pen of an animal.
וְהָא אֲנַן תְּנַן:
But didn't we learn in the Mishnah:
The steps (15)
- StatementQuoting the ruling that a gentile's courtyard is like an animal pen
- ChallengeChallenge from the משנה that a gentile does prohibit
- ResolutionThe gentile is present versus away
- ChallengeWhat principle explains treating an absent Jew and an absent gentile differently?
- ResolutionA home without its owner does not count, but the רבנן decreed about a Jew
- ResolutionA gentile who is away does not prohibit
- ChallengeChallenge from a משנה about someone who left town
- ResolutionThe משנה is about someone returning the same day
- ConclusionHow strongly we follow רבי אליעזר בן יעקב
- Statementאביי states that the הלכה follows רבי אליעזר בן יעקב
- QuestionMay a student rule in his teacher's place?
- Responseרב חסדא would not rule even on a simple egg question
- QuestionWhat about rulings written openly for everyone to see?
- Responseאביי answers with רב יוסף's same story
- Statementרב חסדא ruled in כפרי during רב הונא's lifetime