Daf Yomi Summary Parashat Noach 5781 ?? - ?? ??????? EDITIO N: 38
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?''? ? daf yomi summary parashat Noach 5781 ?? - ?? ??????? EDITIO N: 38 that Beis Shamai view ???? as a form of two-way transaction THE LO MDUS O F ?BITTUL RESHUS? whereby the non-participants give over their ?authority? over the courtyard to the participants, effectively leaving the courtyard owned THANKS TO RABBI YO NI ISAACSO N in its entirety by the participants and making the eruv effective. YO NIISAACSO N.CO M Seeing as such transactions are forbidden on shabbos, it may not be The main theme of this daf relates to the concept of ??? ? ???? performed on shabbos. and how and when it applies. We have mentioned before that the In contrast, Beis Hillel view this as simply ???? (removing oneself mechanism of choice for multiple inhabitants of one courtyard is to from authority), a one-way mechanism that achieves the goal of make an ????? ?????, whereby food is set aside on behalf of making the courtyard owned solely by the participants due to his everyone in one of the houses, symbolically joining them all into share being irrelevant, rather than owned by them. Such an residents of the same domain. arrangement is permitted on Shabbos and, at first glance, it might This is, of course, a symbolic mechanism which does not in any appear to be a form of ???? - declaring one?s property to be way affect the actual ownership of the houses and shared ownerless: once his share of the courtyard is ownerless, the others courtyards, and serves merely as a reminder not to carry from a remain its sole owners and their eruv is valid. However, there are private domain to a public domain. Chazal were concerned enough limitations that apply to the rules of ???? that do not seem to apply about this issue that they prohibited carrying from one private here. For example: domain to another owned by different people in the absence of such i. Hefker needs to be declared in front of three people (Nedarim an eruv. This eruv can only be made before Shabbos, as doing it on 45a), yet one person can be ??? ? ???? to 2 people, and there is no Shabbos resembles ????? ??? (commercial activity). If one or more indication here that someone else needs to be present (Tosfos deals of the inhabitants did not participate in the eruv before shabbos, the with this issue in Pesachim 4b) eruv is essentially ineffective. ii. According to the view that one needs to be ??? ? ???? to each This is because although all those who participate in the eruv are one of the owners who were included in the eruv, simply making considered as if they share each other?s houses as well as their share one?s share ???? is clearly not enough in the common courtyard, the courtyard is also owned by those who iii. Hefker removes all legal connection between oneself and the did not participate and therefore subject to different ownership than object, to the point that anyone else can perform a ???? the houses of the participants. This means that no one can transfer (transactional act) on it and acquire it. In addition, the person who items between their houses and the common courtyard or vice versa. declared it ???? would need to perform an official ???? in order to One solution available is the mechanism of ??? ? ???? , also referred reaquire it - doing so in one?s mind would not do the trick. In this to in the M ishna as ??? ? ????? . The relationship between these two case, there does not appear to be any ability on the part of those phrases requires analysis in its own right - for one approach, see who benefit from this ???? to take legal ownership of the property, Rambam Pirush haM ishnayos Eruvin 6/1, 6/3 and 6/4 who seems to but the benefit is limited to symbolic permission to carry within the understand that ??? ? ????? sometimes refers to making the eruv, area ?as if? they owned it. Furthermore, it does not seem that a and sometimes refers to ??? ? ????. Whereas the phrase ??? ? ???? legally valid ???? needs to be made by the original owner in order to seems to indicate a one-way mechanism by which the owner cancel this ????. removes himself from ownership, control or some other connection to his share in the courtyard (or possibly also his house), the phrase iv. It is not at all clear that declaring something ???? on Shabbos is ??? ? ????? seems to indicate a two-way mechanism similar to a gift permitted, as the Ramban points out (Pesachim 4a) it could be where the owner ?gives over? one of the above, at least symbolically, included in the general prohibition of commerce. to the other inhabitants. The concept of ???? can be found in various other areas of There is a debate between Beis Shamai and Beis Hillel as to halacha, for example: ? whether this may be done on Shabbos, and the Gemara explains 1. ??? ???? - one is required to declare any chametz left in one?s ? ? 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According to Rashi (Pesachim 4b) this seems to be a way Sheshet had a prodigious memory, perhaps due to his blindness. He of fulfilling the mitzva of ????? ? (removing chametz from one?s could answer any question by referring to a M ishna or a baraita. Rav possession), and Tosfos seem to understand that it is a form of ???? Hisda was known for his logical reasoning. Some read this passage as that creates a situation where that mitzva is simply not relevant saying the two scholars ?feared? each other?s Talmudic talents(see anymore ? Rashi on this passage). I prefer a different reading; they were in awe of each other. 2. ?"? ???? - an item of idolatry may become permitted if it is nullified by the idol-worshipper - this can done by breaking part of it, That the two scholars held each other in high regard is highlighted possibly a sign of its lack of importance to the owner (see A.Z. 52b.) in M egilla 28b. With reference to a public eulogy the text reads, ?Rav ? isda depicted a case: For example, a eulogy for a Torah scholar at Though all 3 usages of this phrase seem to share the idea that one which Rav Sheshet is present. Owing to his presence, many people is declaring or showing that the item is no longer of importance to will come. Rav Sheshet himself depicted another case: For example, a him, there is no need to assume that the ?lomdus? (logical eulogy at which Rav ? isda is present.? This relationship brings the mechanism) in all three is similar. It is very possible that ??? ???? is a opening of Psalm 133 to mind: ?How good it is when brothers sit in real form of ???? which ??? ????? ???? is certainly not, and that togetherness.? ??? ? ???? is something completely different. After all, the phrase ???? is also used regarding ???? ???? (wasting time when Torah Would that all of us - in our study and in our daily encounters - have could have been studied) and ?? ? ???? (avoiding performing a such awe and respect for each other.