Siman - Eruvin Daf 70
- Does one need to be mevatel reshus to each resident explicitly?
Abaye asked Rabbah, חמשה ששרויין בחצר אחת – If five residents are living in on chatzeir, ושכח אחד מהן ולא עירב – and one of them forgot and did not join the eruv with the others, כשהוא מבטל רשותו – when he relinquishes his rights to allow the others to carry, צריך לבטל לכל אחד ואחד או לא – does he need to relinquish to each one explicitly or not? Perhaps it is sufficient to be mevatel his reshus to just one of them. Rabbah said, צריך לבטל לכל אחד ואחד – He must be mevatel his reshus to each one explicitly.
Abaye challenged Rabbah from the first case in a Baraisa which teaches seven halachos regarding bitul reshus. אחד שלא עירב נותן רשותו לאחד שעירב – One resident who did not join in the eruv may relinquish his rights to one who did join. Abaye said this implies that there was a third person in the chatzeir otherwise who did the second person join his eruv with, and we see that the first person only had to be mevatel his reshus to one of the residents. Rabbah answered and said, דהוה ומית – He made his eruv with someone who was there who died. Therefore, it was sufficient for the person to relinquish his rights to the resident that remained.
- Can an heir be mevatel reshus?
Rava asked Rav Nachman, יורש מהו שיבטל רשות – May an heir relinquish rights to property he received on Shabbos from his deceased father? Do we say that since if he had wanted to join in the eruv on erev Shabbos he could not because the house and his share of the chatzeir was not his, he can also not relinquish his rights, or perhaps, כרעיה דאבוה הוא – he is the leg of this father, meaning an extension of his father?
Rav Nachman answered, אני אומר מבטל – I say an heir may relinquish his rights in the house he inherits, והני דבי שמאול תנו אין מבטל - but the talmidim in Shmuel’s yeshivah taught he may not relinquish his rights.
- תורת ביטול רשות includes an heir
The Gemara challenges Rav Nachman who says the heir may be mevatel his reshus from a Baraisa that states, כל שמותר למקצת שבת הותר לכל השבת – Any chatzeir that was permitted for the first part of Shabbos remains permitted for the entire Shabbos, וכל שנאסר למקצת שבת נאסר לכל השבת – And any chatzeir that was restricted for the first part of Shabbos remains restricted for the entire Shabbos, חוץ ממבטל רשות – except for the instance in which someone relinquishes his rights. This implies, איהו אין יורש לא, that he can be mevatel his reshus, but his heir cannot. The Gemara answers that the Baraisa should state, חוץ מתורת ביטול רשות – The chatzeir remains restricted except for the institution of bitul reshus. Rashi explains that an heir is included in the institution of bitul, since he is considered an extension of his father.
The Gemara brings further challenges to Rav Nachman’s position.
