12TH CYCLE DEDICATIONS:
 
ERUVIN 92-95 (5-8 Teves) - Dedicated in memory of Max (Meir Menachem ben Shlomo ha'Levi) Turkel, by his children Eddie and Lawrence and his wife Jean Turkel/Rafalowicz. Max was a warm and loving husband and father and is missed dearly by his family and friends. His Yahrzeit is 5 Teves.

1)

OTHER AMORA'IM WHO HOLD LIKE RAV OR SHMUEL

(a)

Question: Like whom are the following teachings [that rely on Pi Tikra Yored v'Sosem]?

1.

(Rav Yehudah): One may carry under a Korah four Tefachim wide in a ruin [in Reshus ha'Rabim].

2.

(Rav Nachman): One may draw water under such a Korah (from a pit between two Chatzeros or from a stream).

(b)

Answer: (We must say that the openings are less than 10.) According to Version #1, they are like Rav and Shmuel. According to Version #2, they are like Rav.

(c)

Suggestion: Abaye and Rava argue like Rav and Shmuel:

1.

If one put Sechach on top of an Achsadra with pillars, it is Kosher. (See Perush Chai diagram, Perek 9 number 86, in the English Charts section and see note 30 in Appendix);

2.

(Abaye): [Even] if there are no pillars it is Kosher, for Pi Tikra Yored v'Sosem;

3.

(Rava): If there are no pillars it is Pasul. We do not say Pi Tikra Yored v'Sosem.

4.

Abaye holds like Rav, and Rava holds like Shmuel!

(d)

Rejection: Indeed, Shmuel cannot hold like Abaye. However, even Rav could hold like Rava:

1.

Rav says Pi Tikra Yored v'Sosem only regarding an Achsadra, for the beams were made for the sake of the Achsadra. Perhaps he would not say it regarding a Sukah, since the edge of the Sechach is not for the sake of the walls.

2)

DOES THE HALACHAH FOLLOW R. YEHUDAH?

(a)

(Mishnah - R. Yosi): If it is permitted for that Shabbos it is permitted in the future. If it is forbidden for the future it is forbidden for that Shabbos.

(b)

Question: Does R. Yosi forbid or permit?

(c)

Answer (Rav Sheshes and R. Yochanan): He forbids.

(d)

Support (Beraisa - R. Yosi): Just like they are forbidden for the future, they are forbidden for that Shabbos.

(e)

(R. Chiya bar Yosef): The Halachah follows R. Yosi.

(f)

(Shmuel): The Halachah follows R. Yehudah.

(g)

Question: Shmuel contradicts himself!

1.

(Mishnah - R. Yehudah): This law (one cannot be Me'arev for another without his Da'as) applies only to Eruv Techumim, but one may be Me'arev Eruvei Chatzeros for someone even without his Da'as.

2.

(Rav Yehudah citing Shmuel): The Halachah follows R. Yehudah. Further, wherever R. Yehudah's opinion is brought in Eruvin, the Halachah follows him.

3.

Question (R. Chana Bagdata'ah): Did Shmuel say this even regarding a Mavoy whose Lechi or Korah was removed (our Mishnah)?

4.

Answer (Rav Yehudah): No. The rule applies only to [validity of] Eruvin, but not to Mechitzos.

(h)

Answer (Rav Anan): Shmuel explained to me that the Halachah follows R. Yehudah if it is breached to Karmelis (even if one will come to carry outside, this is permitted mid'Oraisa) but not if it is breached to Reshus ha'Rabim.

3)

DO TWO WALLS MAKE A RESHUS HA'YACHID MID'ORAISA?

(a)

(Mishnah - R. Yehudah): If one built an Aliyah on top of two houses on opposite sides of Reshus ha'Rabim, or there is a bridge Mefulash (on top of walls on opposite sides of Reshus ha'Rabim), one may carry underneath in the middle on Shabbos;

(b)

Chachamim forbid.

(c)

R. Yehudah said further, that one may be Me'arev a Mavoy Mefulash;

(d)

Chachamim forbid.

(e)

(Gemara - Rabah): R. Yehudah does not permit because he holds that mid'Oraisa, two Mechitzos make a Reshus ha'Yachid. Rather, he holds that Pi Tikra Yored v'Sosem.

(f)

Question (Abaye - Beraisa): R. Yehudah said an even bigger Chidush. If one owns two houses on opposite sides of Reshus ha'Rabim, he puts a Lechi on each side [of one house] or a Korah on each side and he may carry in the middle.

1.

Chachamim: We cannot be Me'arev Reshus ha'Rabim like this!

(g)

Answer (Rabah): Indeed, the Beraisa shows that he holds that mid'Oraisa, two Mechitzos make a Reshus ha'Yachid (Pi Tikra Yored v'Sosem does not apply there). Our Mishnah does not prove this.

(h)

Version #1 (our text) Support (for Rabah - Rav Ashi): R. Yehudah permits in [the Reisha of] our Mishnah due to Pi Tikra Yored v'Sosem!

1.

(Mishnah - R. Yehudah): Further, one may be Me'arev a Mavoy Mefulash;

2.

Chachamim forbid.

3.

If the Reisha is due to Pi Tikra Yored v'Sosem, we understand why he said 'further', (The Mavoy teaches an additional Chidush, even when there is no Pi Tikra.) However, if the Reisha is because two walls make a Reshus ha'Yachid mid'Oraisa, the Seifa is no bigger Chidush!

(i)

Version #2 (Rashi's first explanation) Question (against Rabah - Rav Ashi): Our Mishnah does prove that he holds that two walls make a Reshus ha'Yachid mid'Oraisa!

1.

(Mishnah - R. Yehudah): Further, one may be Me'arev a Mavoy Mefulash;

2.

Chachamim forbid.

3.

If he holds that two walls make a Reshus ha'Yachid mid'Oraisa, we understand why he said 'further'. However, if he holds that Pi Tikra Yored v'Sosem, why did he say 'further'? (A Mavoy has no relation to this!)

PEREK HA'MOTZEI TEFILIN
4)

SAVING TEFILIN FROM DISGRACE

(a)

(Mishnah): If one finds Tefilin [on Shabbos in a field, where they are prone to be disgraced] he brings them in [to the city] one pair at a time;

(b)

R. Gamliel says, he brings two pairs at a time.

(c)

This refers to old (this will be defined) Tefilin. (Surely they were made l'Shem Tefilin.) One who finds new Tefilin is exempt. (He is even forbidden to bring them in. Perhaps they were not written Lishmah, rather, for a Kami'a (amulet) without Kedushah.)

(d)

If one finds Tzevasim or Krichos (bundles of Tefilin wrapped together), he waits there until dark and brings them [after Shabbos];

95b----------------------------------------95b

(e)

If it is dangerous [to wait there, due to bandits], one covers them and goes away;

(f)

R. Shimon says, he gives them to a friend, who [takes them less than four Amos and] gives them to a friend... until reaching the outermost Chatzer of the city (the closest guarded place).

(g)

The same applies to his son. (This will be explained.) Even 100 people may be involved.

(h)

R. Yehudah says, one may give a barrel to a friend, who gives it to a friend...even to take it outside the Techum.

1.

Chachamim: One may not take it past where its owner may go.

(i)

(Gemara) Inference: [The first Tana of] our Stam Mishnah permits only one pair at a time. This is unlike R. Meir, who permits to wear as many clothes as desired at a time [to save from a fire]!

1.

(Mishnah): He may take there (to a nearby Chatzer) all Kelim that he uses. He may wear and wrap himself in as many garments as he can.

2.

Question: What is the source that Mishnah is R. Meir?

3.

Answer (Beraisa - R. Meir): He may wear [clothes to save them], go out [to another Chatzer], remove the clothes, and return to wear and take out more, even the entire day.

(j)

Answer (Rava): Also our Mishnah can be R. Meir. In both cases he allows one to wear like he does during the week:

1.

During the week one may wear as many clothes as he desires [at a time]. The same applies to saving on Shabbos;

2.

During the week one may wear only one pair of Tefilin [at a time]. The same applies to saving on Shabbos.

5)

HOW MANY TEFILIN MAY ONE WEAR AT ONCE?

(a)

(Mishnah - R. Gamliel): He brings two pairs at a time.

(b)

Question: What is his opinion [about Tefilin on Shabbos]?

1.

If he holds that Shabbos Zeman Tefilin (the Mitzvah applies on Shabbos), one should not be permitted more than one pair at a time! (Tosfos - if he wears more he transgresses 'Bal Tosif', adding to a Mitzvah. Rashi - since Bal Tosif applies to extra Tefilin (certainly if he intends for the Mitzvah, and perhaps even if he does not), wearing extra Tefilin is [in any case] like carrying a load);

2.

If he holds that Shabbos Lav Zeman Tefilin, and even so he permits saving, he should permit saving as much as one can wear at a time (just like saving clothing)!

(c)

Answer: He holds that Shabbos Lav Zeman Tefilin. He permits saving Tefilin only through wearing them in the proper place [on the body]!

(d)

Question: If so, he should permit only one pair at a time!

(e)

Answer (Rav Shmuel bar Rav Yitzchak): There is room on the head to wear two Tefilin at a time.

(f)

Question: This explains why he may wear two head Tefilin at a time. Why may he wear two arm Tefilin at a time?

(g)

Answer #1: We may answer like Rav Huna:

1.

(Rav Huna): Sometimes a person comes from the field with a bundle on his head. He removes the Tefilin from his head and ties it on his arm.

(h)

Objection: Rav Huna permitted this to avoid disgracing Tefilin (carrying a bundle on it). He did not say that there is a Kosher place for Tefilin on the arm [aside from where his arm Tefilin are. Perhaps there is not, so it is considered carrying on Shabbos!]

(i)

Answer #2: Rav Shmuel taught that there is room on the head to wear two Tefilin at a time. Likewise, there is room on the arm to wear two Tefilin at a time. (See note 31 in Appendix.)

(j)

(Tana d'Vei Menasheh): "Al Yadecha" refers to Kibores (the fleshy part of the upper arm). "Bein Einecha" refers to the Kodkod (the top of the head).

(k)

Question: Where is considered Kodkod?

(l)

Answer (D'vei R. Yanai): It is [up to] the part of the head that is soft in a baby.

(m)

Suggestion: The Tana'im in our Mishnah argue about Rav Shmuel's law. The first Tana argues with him (therefore he allows only one pair at a time), and R. Gamliel agrees with him!

(n)

Rejection #1: No, all agree with Rav Shmuel. They argue about whether or not Shabbos is Zeman Tefilin (the Mitzvah applies on Shabbos):

1.

The first Tana holds that Shabbos is Zeman Tefilin, and R. Gamliel disagrees.

(o)

Rejection #2: No, all agree that Shabbos is Zeman Tefilin. They argue about whether or not Mitzvos require intent:

1.

Version #1 (our text): The first Tana holds that Mitzvos require intent. (If he intends to fulfill the Mitzvah with both pairs, he adds to the Mitzvah and transgresses Bal Tosif. If he does not intend, he carries.) R. Gamliel holds that Mitzvos do not require intent. (He does not intend for the Mitzvah, so he does not transgress Bal Tosif. We can say about either pair that he fulfills the Mitzvah through it.)

2.

Version #2 (Rashi's preferred text): The first Tana holds that Mitzvos do not require intent. (Just like one fulfills the Mitzvah without intent, if he wears extra Tefilin he transgresses Bal Tosif without intent.) R. Gamliel holds that Mitzvos require intent. (Without intent he does not fulfill the Mitzvah, nor does he transgress Bal Tosif. He may wear a second pair, for it is like an ornament.)

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