1)

WHEN DOES REBBI YEHUDAH COME TO EXPLAIN?

(a)

(R. Yehoshua ben Levi): Whenever R. Yehudah says in a Mishnah 'when is this?' or 'what is the case?', he does not argue. Rather, he explains the first Tana;

(b)

(R. Yochanan): When he says 'when is this?', he explains. When he says 'what is the case?', he argues.

(c)

Question (against both of them): [Sometimes] when he says 'when is this?', he argues!

1.

(Mishnah): The following are disqualified [from judging or testifying] - diceplayers (gamblers), those who lend on Ribis (usury), Mafrichei Yonim (they wager about whose bird will go faster; alternatively, they train their birds to lure other birds after them to steal them) and Socharei (those who sell) Shemitah produce.

2.

R. Yehudah: When is this? It is if they have no other profession. (They do not appreciate the toil of earning money.) If they have another profession, they are Kesherim.

3.

(Beraisa - Chachamim): Whether or not he has a profession he is disqualified. (Gambling is Asmachta. It does not acquire. (The loser did not expect to lose; he does not have sufficient intent for the winner to acquire the money. Every time one wins, he steals! R. Yehudah holds that Asmachta acquires.)

(d)

Answer: That Beraisa is not Chachamim [of the Mishnah cited]. Rather, it is R. Yehudah according to R. Tarfon:

1.

(Beraisa - R. Yehudah citing R. Tarfon): [If Reuven and Shimon saw a man approaching, and Reuven said 'I accept Nezirus if he is a Nazir', and Shimon said 'I accept Nezirus if he is not a Nazir')], neither Reuven nor Shimon is a Nazir.

2.

This is because [acceptance of] Nezirus requires Hafla'ah (certainty). Likewise, Asmachta does not acquire!

PEREK #8 KEITZAD MISHTATFIM
2)

ERUV TECHUMIM ON BEHALF OF OTHERS

(a)

(Mishnah): To make Eruv Techumim for many people, one designates a barrel [of food or drink] and says 'This is for everyone in the city who wants to go to the mourner's house or to the wedding feast';

(b)

Anyone who accepted [to rely on the Eruv] before Shabbos may rely on it. One who accepted after dark may not, for one may not be Me'arev after dark.

(c)

(Gemara - Rav Yosef): One may be Me'arev only in order to [go to] do a Mitzvah.

(d)

Question: We already learn this from our Mishnah! 'This is for everyone in the city who wants to go to the mourner's house or to the wedding feast.'

(e)

Answer: One might have thought that the Mishnah discusses a normal case, but it applies also to other cases. Rav Yosef teaches that this is not so.

(f)

(Mishnah): Anyone who accepted before Shabbos...

(g)

Inference: This implies that [even regarding mid'Rabanan laws] Ein Breirah (one cannot stipulate for something to take effect contingent on future events). If Yesh Breirah, even accepting after dark should help. It reveals that retroactively he wanted the Eruv from before dark!

(h)

Rejection (Rav Ashi): No, the Mishnah distinguishes between finding out about the Eruv before or after dark. (We can use Breirah to say that retroactively he wanted it before dark only if he knew about it at the time.)

3)

WHOSE ERUV PERMITS A CHILD?

(a)

(Rav Asi): A woman's Eruv permits [also] her six year old son.

(b)

Question (Beraisa): A woman's Eruv permits her son only if he needs his mother. (The following shows that this is before six!)

1.

(Mishnah): A boy who does not need his mother is obligated in the Mitzvah of Sukah [in order to train him to fulfil Mitzvos].

2.

Question: When do we say that a boy does not need his mother?

3.

Answer #1 (d'Vei R. Yanai): This is if his mother need not clean him after he eliminates.

4.

Answer #2 (Reish Lakish): It is if he does not cry out 'mother' when he wakes up.

5.

Objection: Even old children do this!

6.

Correction: Rather, it is if he does not cry out 'mother, mother' [until she comes] when he wakes up.

7.

Question: What age is this?

8.

Answer: It is a child of four or five. (Some mature faster than others).

82b----------------------------------------82b

(c)

Answer (Rav Yehoshua brei d'Rav Idi): Rav Asi discusses a child whose father and mother were Me'arev for him in different directions. A boy of six prefers the company of his mother, therefore her Eruv permits him.

(d)

Question (Beraisa): A woman's Eruv permits her son only if he needs her. This is until six years. (Rav Yehoshua requires the parent to be Mezakeh for the child. The Beraisa gives one law for all children below six, and surely no Zikuy is needed for an infant!)

(e)

Rav Yehoshua is refuted.

(f)

Suggestion: This refutes also Rav Asi! (It permits until, but not including, six. He permits even a six year old.)

(g)

Rejection: No. It means Ad v'Ad Bichlal (up to and including six).

(h)

Suggestion: It refutes also R. Yanai and Reish Lakish! (They say that a child of four or five does not need his mother. Such a child is not permitted with his mother's Eruv, and this Beraisa permits even a six year old.)

(i)

Rejection: No. A child of four or five does not need his mother if his father is around. The Beraisa permits a six year old whose father is not around, for he needs his mother.

(j)

(Beraisa #1): A man can be Me'arev on behalf of his minor sons and daughters and his male and female Kena'ani slaves with or without their Da'as (consent);

1.

He cannot be Me'arev on behalf of his male and female Ivri slaves, his adult sons and daughters, or his wife, without their Da'as.

(k)

(Beraisa #2): A man cannot be Me'arev on behalf of his adult sons and daughters, his male and female Ivri slaves or his wife without their Da'as;

1.

He can be Me'arev on behalf of his male and female Kena'ani slaves and his minor sons and daughters with or without their Da'as, because they cannot acquire for themselves, only for him.

(l)

If any of them were Me'arev, and their master [or father or husband] was Me'arev for them, his Eruv takes effect, except for his wife, for she can protest.

(m)

Question: Why is she different [than his adult children and Ivri slaves? He cannot be Me'arev without their Da'as, either!]

(n)

Answer (Rabah): Indeed, it means except for his wife and those similar to her.

(o)

(Beraisa #2): [His Eruv takes effect,] except for his wife, for she can protest.

(p)

Inference: If she did not protest, his Eruv takes effect.

(q)

Question (Reisha of Beraisa #2): He cannot be Me'arev on behalf of [...or his wife] without their Da'as.

1.

Suggestion: This means that she must consent!

(r)

Answer: No, it means that she was quiet when she found out. It excludes if she protested.

(s)

Question (Seifa): If any of them were Me'arev and their master was Me'arev for them, his Eruv takes effect, except for his wife, for she can protest.

1.

Inference: His Eruv does not take effect for her even if she did not protest!

(t)

Answer (Rava): Making her own Eruv is the ultimate protest.

4)

THE SIZE OF TWO MEALS

(a)

(Mishnah) Question: What quantity constitutes two meals [for each person participating in Eruv Techumim]?

(b)

Answer #1 (R. Meir): It is the amount [of bread] one eats in two weekday meals;

(c)

Answer #2 (R. Yehudah): It is the amount of two Shabbos meals.

1.

Both of them intend to be lenient. (R. Meir holds that people eat less during the week, for the food is less tasty. R. Yehudah holds that people eat less [bread] at a Shabbos meal, for they eat three meals on Shabbos, but only two on a weekday (Rashi), or because on Shabbos, they fill up on things other than bread (Me'iri).)

(d)

Answer #3 (R. Yochanan ben Brokah): It is a loaf one buys for a Pundiyon (one part in 48 of a Sela) when wheat sells for four Sa'im for a Sela;

(e)

Answer #4 (R. Shimon): It is two thirds of a loaf that is a third of a Kav. (A Kav is the volume of 24 eggs, one sixth of a Se'ah.)

(f)

Half of [such] a loaf is the size of a meal for Beis ha'Menuga. (If one stays in a house with Tzara'as long enough to eat this much, the clothes he is wearing become Tamei (Rashi; Me'iri - Avos ha'Tum'ah));

(g)

If one eats a quarter loaf of Tamei food, he is disqualified [from eating Terumah until he immerses].

(h)

(Gemara) Question: [According to R. Meir and R. Yehudah,] how much is two meals?

(i)

Answer #1 (Rav Yehudah): It is two loaves of a farmer [i.e. what he takes when he goes to plow];

(j)

Answer #2 (Rav Ada bar Ahavah): It is two standard loaves of the area near the Papisa river.

(k)

Rabah's son Rav Yosef told Rav Yosef that his father held like R. Meir.

1.

Rav Yosef: Also I hold like R. Meir. [Presumably, people eat more on Shabbos, like] people say 'there is always room for something tasty'.

(l)

(Mishnah - R. Yochanan ben Brokah): [It is a loaf...]

(m)

(Beraisa): The Shi'urim of R. Yochanan and R. Shimon are close to each other.

(n)

Question: They are far apart! R. Yochanan says that [the loaf is one part in 48 of four Sa'im, i.e. half a Kav, hence] there are four meals in a Kav. R. Shimon says that [one meal is a third of a loaf of a third of a Kav, so] there are nine meals in a Kav!

(o)

Answer #1 (Rav Chisda): [Our calculation was imprecise, because] a third of the price of bread is the grocer's mark-up. (Only two thirds are for the wheat.)

(p)

Question: (If so, R. Yochanan holds that each loaf is two thirds of a half-Kav, i.e. a third of a Kav.) Still, there are only six meals in a Kav!

(q)

Answer #2: Elsewhere, Rav Chisda taught that half the price of bread is the grocer's mark-up.

1.

Question: If so, there are eight meals in a Kav!

2.

Answer: Indeed, we said that the Shi'urim are close to each other. (R. Shimon says that there are nine.)

(r)

Question: Rav Chisda contradicts himself!

(s)

Answer: When the grocer supplies the wood for baking, the mark-up is half the price. When the buyer gives the wood, the mark-up is a third.

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