ERUVIN 36 (25 Elul) - Dedicated in memory of Yechiel Avraham Avigdor ben Eliyahu Glaser z'l, by his parents and brother. May Avigdor's children merit to grow in Torah and Yiras Shamayim, and become sources of pride and Nachas to their father in Gan Eden.

[36a - 42 lines; 36b - 39 lines]

1)[line 23]נדמעוNIDME'U

(a)Terumah becomes Batel only if one part of Terumah falls into at least 100 parts of Chulin. Even if the Terumah is Batel, it is forbidden for non-Kohanim to eat the entire mixture; the equivalent of the amount of Terumah that fell in must first be removed.

(b)If the percentage of Terumah that fell into the Chulin was greater than one in one hundred, the mixture is known as Meduma (lit. mixed) and is forbidden to be eaten by non-Kohanim.

(c)According to Tosfos in Chulin 99a DH Ein, this law applies only if the Terumah was the same type of food as the Chulin; otherwise Terumah is Batel just like any other Isur.

(d)Alternatively, Nidme'u here may mean that Tevel fell into Terumah, rendering it unfit even for Kohanim to eat. (TOSFOS DH Safek)

2)[line 31]אם איתא דהיא טהורה, ידע להIM ISA D'HI TEHORAH, YADA LAH- if it is indeed Tehorah, he knows where it is

3)[line 38]לכי תיכול עליה כורא דמלחL'CHI TEICHUL ALEI KORA D'MILCHA- (a) when you will measure out for me (i.e. pay me) a Kor of salt I will explain it to you (RASHI); (b) even if you consume a Kor of salt, you will not be able to equate them (RASHI Shabbos 4a)

4)[line 40]טבול יוםTEVUL YOM

(a)A Tevul Yom is a person or vessel which has been immersed in a Mikvah but is still waiting for nightfall. The level of Tum'ah of a Tevul Yom is minimal; he or it is considered only a Sheni l'Tum'ah such that if he or it touches Terumah or Kodesh, the Terumah or Kodesh becomes Pasul and must be burned. Chulin that he or it touches do not become Teme'im. At nightfall, he or it becomes completely Tahor.

(b)The Mishnah (Tevul Yom 4:4) states that a person may stipulate that the contents of a wooden pitcher which is a Tevul Yom shall be Terumas Ma'aser as soon as it gets dark. (Terumas Ma'aser, like Terumah, becomes Pasul when touched by a Tevul Yom.) However, if he wants to use the resulting Terumas Ma'aser as an Eruv Techumin, it is invalid. The Amora'im argue as to the reason for this ruling.

36b----------------------------------------36b

5)[line 5]מתנה אדםMASNEH ADAM- a person may impose a condition

6)[line 15]תני איפכא כולה מתניתיןTANI IPCHA KULAH MASNISIN- he taught a Beraisa which recorded the laws of our Mishnah with diametrically opposite rulings; i.e. his Eruv should take effect on the same side from where the Goyim are coming and on the opposite side from where the Chacham is coming

7)[line 18]פרהגבנאPARHAGAVNA- a tax collector

8)[line 18]מרי דמתאMAREI D'MASA- the town officers (whom he must appease or to whom he must plea)

9)[line 19]מותיב פירקיMOSIV PIRKEI- a Chacham who say a Derashah in public

10)[line 19]מקרי שמעMAKREI SHEMA- a teacher of prayers (RASHI, ARUCH); he puts the Eruv on the side opposite the Makrei Shema: (a) because he prefers to go hear the Chacham giving the Derashah (RASHI); (b) in order to run away since he has little benefit from the teacher and he knows that this teacher is coming to ask for money (RABEINU CHANANEL, ARUCH, based on the Yerushalmi)

11)[line 27]אין ברירהEIN BEREIRAH (YESH BEREIRAH / EIN BEREIRAH)

(a)In numerous places in Shas we find arguments among the Tana'im/Amora'im as to whether "Yesh Bereirah" (i.e. Bereirah works) or "Ein Bereirah" (i.e. Bereirah does not work). Bereirah means making one's action contingent retroactively on future events. Examples of this are: selling an object on the condition that it rains tomorrow, buying or selling today an object that will be selected tomorrow. In our Gemara, a person sets two Eruvei Techumin and stipulates the events that will determine retroactively which Eruv he intends to use on Shabbos.

(b)"Ein Bereirah" means that such a stipulation does not work. An action cannot be contingent on a future event. The Ran (Nedarim 45b) explains the logic of this rule by saying, "It is not proper for something to take effect when there remains a doubt on what it will take effect." (See Insights to Chulin 15:2.) "Yesh Bereirah" means that such a stipulation does work.

(c)When the action is contingent on a past event, there is no question that the action works - even if the people involved in the action are not aware as to whether the past event did or did not take place. For example, a person makes two Eruvei Techumin before sundown on Erev Shabbos, in two different directions, and he stipulates, "If my Rebbi is presently staying in a village towards the east, then I would like the eastern Eruv to work; if not, I would like the western Eruv to work." The man making the Eruv may not know where his Rebbi is, but when he finds out the Eruv will have taken effect on the side that he stipulated ("Kevar Ba Chacham" - see Chulin 14b).

(d)We find dozens of instances in the Gemara where a person may perform an action "on the condition that..." (b'Tenai). For example, a man may buy/sell an object or divorce his wife on the condition that the other party pays/does whatever the first party specifies. If the condition is not kept in the future, the sale/divorce is annulled. This situation is not called Bereirah; see Insights to Eruvin 36b.

(e)Halachically, most Poskim conclude (based on Beitzah 38a) that regarding matters of a Torah nature (mid'Oraisa), we assume that Bereirah does not work (l'Chumra), but for matters of Rabbinical law (mid'Rabanan), we rely on Bereirah.

12)[last line]הכותיםHA'KUSIM

The King of Ashur brought the people of Kusa to Eretz Yisrael and made them settle in the Shomron. They converted to Judaism after they found themselves under attack from lions. The Chachamim disagree as to whether their conversion was honest and valid or not. After the times of the Mishnah, they were found worshipping an image of a dove and the Chachamim gave them the status of gentiles.

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