Study Eruvin folio 49B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
וקטן.
And there is another practical difference between them with regard to the question whether a minor may collect the eiruv from the residents of the courtyard and deposit it in one of the houses. According to Shmuel’s opinion, this would not be a valid eiruv, for a minor cannot serve as an agent to effect acquisition, whereas according to Rabba’s opinion, the eiruv is valid, as the food itself establishes the common residence for all the residents.
אמר ליה אביי לרבה: לדידך קשיא ולשמואל קשיא. הא תניא: חמשה שגבו את עירובן, כשהם מוליכין את עירובן למקום אחר — אחד מוליך לכולן. הוא ניהו דקא קני, ותו לא. הוא ניהו דקא דייר, ותו לא!
Abaye said to Rabba: It is difficult according to your opinion that an eiruv is effective based on the principle of residence, and it is difficult according to the opinion of Shmuel that it is effective based on the principle of acquisition. As it was taught in a baraita: With regard to 5 people who collected their eiruv, when they take their eiruv elsewhere, in order to establish an eiruv together with another courtyard, one person may take it there for all of them. This indicates that it is only that person who acquires rights, and nobody else, and it is only that person who gains residence, and nobody else. In that case, how can the others rely on this eiruv?
אמר ליה: לא לדידי קשיא, ולא לשמואל קשיא, שליחות דכולהו קא עביד.
Rabba said to him: It is neither difficult according to my opinion, nor is it difficult according to the opinion of Shmuel, as, the person who takes the eiruv acts as an agent, effecting acquisition or determining residence on behalf of all of them.
אמר רבה אמר רב חמא בר גוריא אמר רב: הלכה כרבי שמעון.
With regard to the case of the 3 courtyards addressed above, Rabba said that Rav Ḥama bar Gurya said that Rav said: The halakha is in accordance with the opinion of R' Shimon that it is permitted to carry from the middle courtyard into either of the two outer ones; and vice versa, however, it is prohibited to carry from one outer courtyard to the other.