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Eruvin 7

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Summary

In a crooked alleyway in Nehardea, they ruled stringently like Rav that it was considered an open alleyway and stringently like Shmuel that an open alleyway requires a door on one side and a post or beam on the other. Is one allowed to rule stringently like two different opinions? The gemara questions this from a braita in which it says that one who holds like stringencies of Beit Hillel and Beit Shamai is a “fool who walks in the dark.” There is a further issue with the braita itself as it says that the halacha is like Beit Hillel, yet if one wants to, one can follow Beit Shamai. The gemara brings answers to both their questions. Rav Yosef brings two halachot regarding cases of an alleyway opened on both sides – one relating to what it is open to and the other about a case where the alleyway opens to a backyard and the ackyard is open. The first halacha was stated in the name of Rav Yehuda in the name of Rav and the second was stated in the name of Rav Yehuda, but it is unclear if it was learned from Rav or not. Abaye suggests that it seems to contradict what Rav says in a similar case where the alleyway opens up to a courtyard, however the gemara suggests that one could distinguish between the two cases as people don’t generally leave their houses through the backyard. And the issue is not connected to the alleyway being considered open on both sides, but has to do with whether or not the people in the courtyard joined the eruv.

 

Eruvin 7

וְרַבִּי יְהוֹשֻׁעַ הִיא דְּלָא מַשְׁגַּח בְּבַת קוֹל.

and the latter statement is in accordance with the opinion of Rabbi Yehoshua, who does not pay attention to a Divine Voice that attempts to intervene in matters of halakha, for according to him, the dispute between Beit Shammai and Beit Hillel has not yet been decided.

וְאִיבָּעֵית אֵימָא, הָכִי קָאָמַר: כׇּל הֵיכָא דְּמַשְׁכַּחַתְּ תְּרֵי תַּנָּאֵי וּתְרֵי אָמוֹרָאֵי דִּפְלִיגִי אַהֲדָדֵי כְּעֵין מַחֲלוֹקֶת בֵּית שַׁמַּאי וּבֵית הִלֵּל — לָא לֶיעְבַּד כִּי קוּלֵּיהּ דְּמָר וְכִי קוּלֵּיהּ דְּמָר, וְלָא כְּחוּמְרֵיהּ דְּמָר וְכִי חוּמְרֵיהּ דְּמָר. אֶלָּא, אוֹ כִּי קוּלֵּיהּ דְּמָר וּכְחוּמְרֵיהּ עָבֵיד, אוֹ כְּקוּלֵּיהּ דְּמָר וּכְחוּמְרֵיהּ עָבֵיד.

The Gemara suggests yet another resolution: And if you wish, say instead that this is what the baraita is saying: Wherever you find two tanna’im or two amora’im who disagree with each other in the manner of the disputes between Beit Shammai and Beit Hillel, one should not act either in accordance with the leniency of the one Master and in accordance with the leniency of the other Master, nor should one act in accordance with the stringency of the one Master and in accordance with the stringency of the other Master. Rather, one should act either in accordance with both the leniencies and the stringencies of the one Master, or in accordance with both the leniencies and the stringencies of the other Master.

מִכׇּל מָקוֹם קַשְׁיָא!

All of this is suggested to explain the wording of the baraita. In any case, it is difficult to explain the law with regard to the alleyway in Neharde’a, concerning which they simultaneously adopted the stringencies of both Rav and Shmuel.

אָמַר רַב נַחְמָן בַּר יִצְחָק: כּוּלֵּיהּ כְּרַב עַבְדוּהּ. דְּאָמַר רַב הוּנָא אָמַר רַב: הֲלָכָה וְאֵין מוֹרִין כֵּן.

Rav Naḥman bar Yitzḥak said: In fact, they acted entirely in accordance with the opinion of Rav, and the reason that they required doors and did not rely on the opening in the form of a doorway alone is due to that which Rav Huna said that Rav said: This is the halakha; however, a public ruling is not issued to that effect ab initio. Although Rav maintains that an opening in the form of a doorway is sufficient in an open alleyway, a public ruling is not issued to that effect; rather, the ruling is stringent, in accordance with Ḥananya’s position, and requires doors.

וּלְרַב אַדָּא בַּר אַהֲבָה אָמַר רַב, דְּאָמַר: הֲלָכָה וּמוֹרִין כֵּן, מַאי אִיכָּא לְמֵימַר?

The Gemara asks: And according to the statement of Rav Adda bar Ahava that Rav said, as Rav Adda bar Ahava said that Rav said with regard to the same issue: This is the halakha and a public ruling is issued to that effect, what can be said? Why did the residents of Neharde’a adopt the stringencies of the two authorities?

אָמַר רַב שֵׁיזְבִי: כִּי לָא עָבְדִינַן כְּחוּמְרֵי דְּבֵי תְרֵי — הֵיכָא דְּסָתְרִי אַהֲדָדֵי.

Rav Sheizvi said: The principle of dictating when we do not act in accordance with the stringencies of two authorities applies only in a case where the two stringencies contradict one another. In these types of cases, following both stringencies would result in an internal contradiction.

כְּגוֹן שִׁדְרָה וְגוּלְגּוֹלֶת. דִּתְנַן: הַשִּׁדְרָה וְהַגּוּלְגּוֹלֶת שֶׁחָסְרוּ — וְכַמָּה חֶסְרוֹן? בַּשִּׁדְרָה, בֵּית שַׁמַּאי אוֹמְרִים: שְׁתֵּי חוּלְיוֹת, וּבֵית הִלֵּל אוֹמְרִים: חוּלְיָא אַחַת. וּבַגּוּלְגּוֹלֶת, בֵּית שַׁמַּאי אוֹמְרִים: כִּמְלֹא מַקְדֵּחַ, וּבֵית הִלֵּל אוֹמְרִים: כְּדֵי שֶׁיִּנָּטֵל מִן הַחַי וְיָמוּת.

The Gemara illustrates this principle with an example from the laws governing the spine and skull. As we learned in a mishna: The spine and the skull of a corpse that are incomplete do not impart ritual impurity via a tent as a corpse would; rather, they impart impurity only through contact or if they are carried as individual bones. This basic law was unanimously accepted, but the details were the subject of dispute: How much is considered a deficiency in the spine for this purpose? Beit Shammai say: If it is missing two vertebrae, and Beit Hillel say: Even if it is missing only one vertebra. And similarly, they argued over the deficiency in the skull: Beit Shammai say: It must be missing piece the size of a drill hole, and Beit Hillel say: It must be missing an amount that, when removed from a living person, would cause him to die, which is a larger amount.

וְאָמַר רַב יְהוּדָה אָמַר שְׁמוּאֵל: וְכֵן לְעִנְיַן טְרֵיפָה.

And Rav Yehuda said that Shmuel said: Beit Shammai and Beit Hillel argued likewise with respect to a tereifa, a kosher animal suffering from a wound or illness that will cause it to die within twelve months, and which is prohibited to be eaten even after the required ritual slaughter. Beit Shammai say that an animal is regarded as a tereifa if it is missing two vertebrae, while Beit Hillel hold that it is a tereifa if it lacks even one. In such a situation, a person must not be stringent with regard to the halakhot of tereifa in accordance with the view of Beit Hillel, and at the same time be stringent with regard to the halakhot of ritual impurity of a corpse in accordance with the view of Beit Shammai, for the two disputes relate to the same issue, and one must not act in accordance with two contradictory opinions.

אֲבָל הֵיכָא דְּלָא סָתְרִי אַהֲדָדֵי עָבְדִינַן.

Rav Sheizvi continues: However, in a case where the two stringencies do not contradict one another, we may indeed act in accordance with the stringencies of two authorities. Therefore, the stringencies adopted in the case of the alleyway in Neharde’a were legitimate, for the two stringencies related to two separate issues: Rav’s stringency was that an L-shaped alleyway is regarded like an open alleyway, and Shmuel’s stringency was that an open alleyway requires a door.

וְהֵיכָא דְּסָתְרִי אַהֲדָדֵי לָא עָבְדִינַן?! מֵתִיב רַב מְשַׁרְשְׁיָא: מַעֲשֶׂה בְּרַבִּי עֲקִיבָא שֶׁלִּיקֵּט אֶתְרוֹג בְּאֶחָד בִּשְׁבָט, וְנָהַג בּוֹ שְׁנֵי עִישּׂוּרִין: אֶחָד כְּדִבְרֵי בֵּית שַׁמַּאי, וְאֶחָד כְּדִבְרֵי בֵּית הִלֵּל?!

The Gemara challenges Rav Sheizvi’s assertion: Is it true that we do not act in accordance with the stringencies of two authorities in a case where the two stringencies contradict one another? Rav Mesharshiya raised an objection from a baraita: There was an incident involving Rabbi Akiva, who gathered the fruit of a citron tree on the first of the month of Shevat and applied the laws of two tithes to it. After teruma and the first tithe have been separated, an additional tithe is separated from what is left. During the first, second, fourth, and fifth years of the Sabbatical cycle, second tithe is set aside to be taken to Jerusalem and eaten there by its owner, while during the third and sixth years, poor man’s tithe is set aside to be distributed to the needy. When tithing the fruit picked on the first of Shevat, Rabbi Akiva set aside both additional tithes, second tithe and poor man’s tithe: He set aside one in accordance with the statement of Beit Shammai, who say that the new year for trees begins on the first of Shevat, and as that day belongs to the new year, a tithe must be set aside in accordance with the law of that year; and he set aside one in accordance with the statement of Beit Hillel, that the new year for trees is the fifteenth of Shevat, and any fruit picked prior to that date must be tithed in accordance with the law of the previous year. Apparently, Rabbi Akiva adopted for himself two contradictory stringencies.

רַבִּי עֲקִיבָא גְּמָרֵיהּ אִיסְתַּפֵּיק לֵיהּ, וְלָא יְדַע אִי בֵּית הִלֵּל בְּחַד בִּשְׁבָט אֲמוּר, אִי בַּחֲמֵיסַר בִּשְׁבָט אֲמוּר, וַעֲבַד הָכָא לְחוּמְרָא וְהָכָא לְחוּמְרָא.

The Gemara answers: Rabbi Akiva did not act in this way in order to be stringent in accordance with both opinions, but because he was in doubt with regard to his tradition and did not know whether Beit Hillel said the New Year for trees falls on the first of Shevat or on the fifteenth of Shevat, and therefore he acted stringently here and stringently there.

יָתֵיב רַב יוֹסֵף קַמֵּיהּ דְּרַב הוּנָא, וְיָתֵיב וְקָאָמַר, אָמַר רַב יְהוּדָה אָמַר רַב: מַחֲלוֹקֶת בִּסְרַטְיָא מִכָּאן וּסְרַטְיָא מִכָּאן, וּפְלַטְיָא מִכָּאן וּפְלַטְיָא מִכָּאן.

The Gemara resumes its discussion of alleyways that are open on two opposite sides. Rav Yosef sat before Rav Huna, and he sat and said: Rav Yehuda said that Rav said: The dispute between the anonymous first tanna of the baraita and Ḥananya refers to a case where there is a main street [seratya] from here, on one side of the alleyway, and a main street from here, on the other side. Alternatively, it refers to a case where there is a plaza [pelatya] from here, on one side of the alleyway, and a plaza from here, on the other side.

אֲבָל סְרַטְיָא מִכָּאן וּבִקְעָה מִכָּאן, אוֹ בִּקְעָה מִכָּאן וּבִקְעָה מִכָּאן — עוֹשֶׂה צוּרַת הַפֶּתַח מִכָּאן וְלֶחִי וְקוֹרָה מִכָּאן.

But if there is a main street from here, on one side, and a valley from here, on the other side, a valley being a karmelit, which is neither a public domain nor a private domain, in which carrying is prohibited on Shabbat by rabbinic decree, or if there is a valley from here, on one side, and a valley from here, on the other side, one constructs an opening in the form of a doorway from here, on one side of the alleyway, and places a side post or a cross beam from here, on the other side. One is thereby permitted to carry in the alleyway even according to the opinion of Ḥananya.

הַשְׁתָּא סְרַטְיָא מִכָּאן וּבִקְעָה מִכָּאן, עוֹשֶׂה לוֹ צוּרַת הַפֶּתַח מִכָּאן וְלֶחִי וְקוֹרָה מִכָּאן — בִּקְעָה מִכָּאן וּבִקְעָה מִכָּאן מִיבַּעְיָא?!

The Gemara raises a question about this ruling: Now, if you say that where there is a main street from here, on one side of the alleyway, and a valley from here, on the other side, it is sufficient to construct an opening in the form of a doorway from here, on one side, and a side post or a cross beam from here, on the other side, was it necessary to state that these are sufficient if there is a valley from here, on one side of the alleyway, and a valley from here, on the other side?

הָכִי קָאָמַר: סְרַטְיָא מִכָּאן וּבִקְעָה מִכָּאן — נַעֲשֶׂה כְּבִקְעָה מִכָּאן וּבִקְעָה מִכָּאן.

The Gemara answers: This is what he intended to say: If there is a main street from here, on one side, and a valley from here, on the other side, it is considered as if there were a valley from here, on one side, and a valley from here, on the other side.

וּמְסַיֵּים בַּהּ מִשְּׁמֵיהּ דְּרַב יְהוּדָה: אִם הָיָה מָבוֹי כָּלֶה לִרְחָבָה, אֵין צָרִיךְ כְּלוּם.

The Gemara continues: And when Rav Yosef reported this ruling, he concluded with a statement in the name of Rav Yehuda himself, without attributing it to one of Rav Yehuda’s teachers: If the alleyway terminated in a backyard, i.e., a closed-off area behind a group of houses, then even if there is a breach in the wall between the yard and the public domain beyond it, nothing is needed on this side of the alleyway, as it is considered closed.

אֲמַר לֵיהּ אַבָּיֵי לְרַב יוֹסֵף: הָא דְּרַב יְהוּדָה דִּשְׁמוּאֵל הִיא.

Abaye said to Rav Yosef: This ruling of Rav Yehuda is a ruling of his teacher Shmuel, and not of his other teacher, Rav.

דְּאִי דְּרַב — קַשְׁיָא דְּרַב אַדְּרַב בְּתַרְתֵּי: דְּאָמַר רַב יִרְמְיָה בַּר אַבָּא אָמַר רַב: מָבוֹי שֶׁנִּפְרַץ בִּמְלוֹאוֹ לֶחָצֵר, וְנִפְרְצָה חָצֵר כְּנֶגְדּוֹ — חָצֵר מוּתֶּרֶת וּמָבוֹי אָסוּר. וְאַמַּאי? לֶיהֱוֵי כְּמָבוֹי שֶׁכָּלֶה לִרְחָבָה!

For if it is a ruling of Rav, the apparent contradiction between one statement of Rav and another statement of Rav poses a difficulty in two ways. The first is with regard to the fact that this alleyway opens into the public domain on two opposite sides, and the second is based on that which Rav Yirmeya bar Abba said that Rav said: If an alleyway was breached along the entire length of its back wall into a courtyard, and likewise the courtyard was breached opposite it into the public domain, it is permitted to carry in the courtyard, and it is prohibited to carry in the alleyway, since this alleyway is now open on two opposite sides to the public domain. Why should this be the ruling? In this case, let it be like an alleyway that terminates in a backyard, where Rav Yehuda ruled that nothing further is needed to permit carrying.

אֲמַר לֵיהּ: אֲנָא לָא יָדַעְנָא, עוֹבָדָא הֲוָה בְּדוּרָא דְּרָעֲוָתָא מָבוֹי שֶׁכָּלֶה לִרְחָבָה הֲוָה, וַאֲתָא לְקַמֵּיהּ דְּרַב יְהוּדָה וְלָא אַצְרְכֵיהּ וְלָא מִידֵּי. וְאִי קַשְׁיָא מִשְּׁמֵיהּ דְּרַב — תֶּיהְוֵי מִשְּׁמֵיהּ דִּשְׁמוּאֵל, וְלָא קַשְׁיָא מִידֵּי.

Rav Yosef said to Abaye: I do not know in accordance with which of his teachers Rav Yehuda issued this ruling. All I know is that there was an incident in a shepherds’ village where an alleyway terminated in a backyard, and the matter came before Rav Yehuda for a ruling, and he did not require anything to render it permitted to carry in the alleyway. And if, as you say, it is difficult if we say that he issued his ruling in the name of Rav, let it be suggested that he issued it in the name of his other teacher, Shmuel, and then there will be no difficulty.

הַשְׁתָּא דַּאֲמַר לֵיהּ רַב שֵׁשֶׁת לְרַב שְׁמוּאֵל בַּר אַבָּא, וְאָמְרִי לֵיהּ לְרַב יוֹסֵף בַּר אַבָּא: אַסְבְּרָא לָךְ, כָּאן — שֶׁעֵירְבוּ, כָּאן — שֶׁלֹּא עֵירְבוּ.

The Gemara comments: Now that Rav Sheshet said to Rav Shmuel bar Abba, and some say that he said to Rav Yosef bar Abba: I will explain to you Rav’s statement with regard to an alleyway that was breached along the entire length of its back wall into a courtyard. One must make a distinction based on the nature of the case: Here it is referring to a case where the residents of the courtyard established an eiruv together. In that case, Rav permits carrying in the alleyway and is not concerned with the breach into the courtyard, as the courtyard and the alleyway are treated as a single domain. There it is referring to a case where the residents did not establish an eiruv together. In that case, Rav prohibits carrying in the alleyway, because the alleyway now has new residents, i.e., the residents of the courtyard, who did not participate in the eiruv, and they prevent the residents of the alleyway from carrying.

דְּרַב אַדְּרַב נָמֵי לָא קַשְׁיָא: כָּאן — שֶׁעֵירְבוּ בְּנֵי חָצֵר עִם בְּנֵי מָבוֹי, כָּאן — שֶׁלֹּא עֵירְבוּ.

Consequently, it can be said that Rav Yehuda’s statement with regard to an alleyway that terminates in a backyard is in accordance with the opinion of Rav, as the apparent contradiction between one statement of Rav and another statement of Rav also poses no difficulty. Here, where Rav Yehuda permits carrying in an alleyway that terminates in a backyard, he is referring to a case where the residents of the courtyard and the residents of the alleyway established a joint eiruv, whereas here, where Rav prohibits carrying in an alleyway that was breached along the entire length of its back wall into a courtyard, he is referring to a case where the residents of the courtyard and the residents of the alleyway did not establish a joint eiruv.

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Renee Braha

Brooklyn, NY, United States

I started learning at the start of this cycle, and quickly fell in love. It has become such an important part of my day, enriching every part of my life.

Naomi Niederhoffer
Naomi Niederhoffer

Toronto, Canada

I went to day school in Toronto but really began to learn when I attended Brovenders back in the early 1980’s. Last year after talking to my sister who was learning Daf Yomi, inspired, I looked on the computer and the Hadran site came up. I have been listening to each days shiur in the morning as I work. I emphasis listening since I am not sitting with a Gamara. I listen while I work in my studio.

Rachel Rotenberg
Rachel Rotenberg

Tekoa, Israel

In July, 2012 I wrote for Tablet about the first all women’s siyum at Matan in Jerusalem, with 100 women. At the time, I thought, I would like to start with the next cycle – listening to a podcast at different times of day makes it possible. It is incredible that after 10 years, so many women are so engaged!

Beth Kissileff
Beth Kissileff

Pittsburgh, United States

In January 2020, my chevruta suggested that we “up our game. Let’s do Daf Yomi” – and she sent me the Hadran link. I lost my job (and went freelance), there was a pandemic, and I am still opening the podcast with my breakfast coffee, or after Shabbat with popcorn. My Aramaic is improving. I will need a new bookcase, though.

Rhondda May
Rhondda May

Atlanta, Georgia, United States

I heard the new Daf Yomi cycle was starting and I was curious, so I searched online for a women’s class and was pleasently surprised to find Rabanit Michelle’s great class reviews in many online articles. It has been a splendid journey. It is a way to fill my days with Torah, learning so many amazing things I have never heard before during my Tanach learning at High School. Thanks so much .

Martha Tarazi
Martha Tarazi

Panama, Panama

I have joined the community of daf yomi learners at the start of this cycle. I have studied in different ways – by reading the page, translating the page, attending a local shiur and listening to Rabbanit Farber’s podcasts, depending on circumstances and where I was at the time. The reactions have been positive throughout – with no exception!

Silke Goldberg
Silke Goldberg

Guildford, United Kingdom

I started learning Daf Yomi in January 2020 after watching my grandfather, Mayer Penstein z”l, finish shas with the previous cycle. My grandfather made learning so much fun was so proud that his grandchildren wanted to join him. I was also inspired by Ilana Kurshan’s book, If All the Seas Were Ink. Two years in, I can say that it has enriched my life in so many ways.

Leeza Hirt Wilner
Leeza Hirt Wilner

New York, United States

I was inspired to start learning after attending the 2020 siyum in Binyanei Hauma. It has been a great experience for me. It’s amazing to see the origins of stories I’ve heard and rituals I’ve participated in my whole life. Even when I don’t understand the daf itself, I believe that the commitment to learning every day is valuable and has multiple benefits. And there will be another daf tomorrow!

Khaya Eisenberg
Khaya Eisenberg

Jerusalem, Israel

I started learning at the beginning of this cycle more than 2 years ago, and I have not missed a day or a daf. It’s been challenging and enlightening and even mind-numbing at times, but the learning and the shared experience have all been worth it. If you are open to it, there’s no telling what might come into your life.

Patti Evans
Patti Evans

Phoenix, Arizona, United States

When I began learning Daf Yomi at the beginning of the current cycle, I was preparing for an upcoming surgery and thought that learning the Daf would be something positive I could do each day during my recovery, even if I accomplished nothing else. I had no idea what a lifeline learning the Daf would turn out to be in so many ways.

Laura Shechter
Laura Shechter

Lexington, MA, United States

My husband learns Daf, my son learns Daf, my son-in-law learns Daf.
When I read about Hadran’s Siyyum HaShas 2 years ago, I thought- I can learn Daf too!
I had learned Gemara in Hillel HS in NJ, & I remembered loving it.
Rabbanit Michelle & Hadran have opened my eyes & expanding my learning so much in the past few years. We can now discuss Gemara as a family.
This was a life saver during Covid

Renee Braha
Renee Braha

Brooklyn, NY, United States

As Jewish educator and as a woman, I’m mindful that Talmud has been kept from women for many centuries. Now that we are privileged to learn, and learning is so accessible, it’s my intent to complete Daf Yomi. I am so excited to keep learning with my Hadran community.

Sue Parker Gerson
Sue Parker Gerson

Denver, United States

A beautiful world of Talmudic sages now fill my daily life with discussion and debate.
bringing alive our traditions and texts that has brought new meaning to my life.
I am a מגילת אסתר reader for women . the words in the Mishna of מסכת megillah 17a
הקורא את המגילה למפרע לא יצא were powerful to me.
I hope to have the zchut to complete the cycle for my 70th birthday.

Sheila Hauser
Sheila Hauser

Jerusalem, Israel

The start of my journey is not so exceptional. I was between jobs and wanted to be sure to get out every day (this was before corona). Well, I was hooked after about a month and from then on only looked for work-from-home jobs so I could continue learning the Daf. Daf has been a constant in my life, though hurricanes, death, illness/injury, weddings. My new friends are Rav, Shmuel, Ruth, Joanna.
Judi Felber
Judi Felber

Raanana, Israel

I started learning Daf in Jan 2020 with Brachot b/c I had never seen the Jewish people united around something so positive, and I wanted to be a part of it. Also, I wanted to broaden my background in Torah Shebal Peh- Maayanot gave me a great gemara education, but I knew that I could hold a conversation in most parts of tanach but almost no TSB. I’m so thankful for Daf and have gained immensely.

Meira Shapiro
Meira Shapiro

NJ, United States

Eruvin 7

וְרַבִּי יְהוֹשֻׁעַ הִיא דְּלָא מַשְׁגַּח בְּבַת קוֹל.

and the latter statement is in accordance with the opinion of Rabbi Yehoshua, who does not pay attention to a Divine Voice that attempts to intervene in matters of halakha, for according to him, the dispute between Beit Shammai and Beit Hillel has not yet been decided.

וְאִיבָּעֵית אֵימָא, הָכִי קָאָמַר: כׇּל הֵיכָא דְּמַשְׁכַּחַתְּ תְּרֵי תַּנָּאֵי וּתְרֵי אָמוֹרָאֵי דִּפְלִיגִי אַהֲדָדֵי כְּעֵין מַחֲלוֹקֶת בֵּית שַׁמַּאי וּבֵית הִלֵּל — לָא לֶיעְבַּד כִּי קוּלֵּיהּ דְּמָר וְכִי קוּלֵּיהּ דְּמָר, וְלָא כְּחוּמְרֵיהּ דְּמָר וְכִי חוּמְרֵיהּ דְּמָר. אֶלָּא, אוֹ כִּי קוּלֵּיהּ דְּמָר וּכְחוּמְרֵיהּ עָבֵיד, אוֹ כְּקוּלֵּיהּ דְּמָר וּכְחוּמְרֵיהּ עָבֵיד.

The Gemara suggests yet another resolution: And if you wish, say instead that this is what the baraita is saying: Wherever you find two tanna’im or two amora’im who disagree with each other in the manner of the disputes between Beit Shammai and Beit Hillel, one should not act either in accordance with the leniency of the one Master and in accordance with the leniency of the other Master, nor should one act in accordance with the stringency of the one Master and in accordance with the stringency of the other Master. Rather, one should act either in accordance with both the leniencies and the stringencies of the one Master, or in accordance with both the leniencies and the stringencies of the other Master.

מִכׇּל מָקוֹם קַשְׁיָא!

All of this is suggested to explain the wording of the baraita. In any case, it is difficult to explain the law with regard to the alleyway in Neharde’a, concerning which they simultaneously adopted the stringencies of both Rav and Shmuel.

אָמַר רַב נַחְמָן בַּר יִצְחָק: כּוּלֵּיהּ כְּרַב עַבְדוּהּ. דְּאָמַר רַב הוּנָא אָמַר רַב: הֲלָכָה וְאֵין מוֹרִין כֵּן.

Rav Naḥman bar Yitzḥak said: In fact, they acted entirely in accordance with the opinion of Rav, and the reason that they required doors and did not rely on the opening in the form of a doorway alone is due to that which Rav Huna said that Rav said: This is the halakha; however, a public ruling is not issued to that effect ab initio. Although Rav maintains that an opening in the form of a doorway is sufficient in an open alleyway, a public ruling is not issued to that effect; rather, the ruling is stringent, in accordance with Ḥananya’s position, and requires doors.

וּלְרַב אַדָּא בַּר אַהֲבָה אָמַר רַב, דְּאָמַר: הֲלָכָה וּמוֹרִין כֵּן, מַאי אִיכָּא לְמֵימַר?

The Gemara asks: And according to the statement of Rav Adda bar Ahava that Rav said, as Rav Adda bar Ahava said that Rav said with regard to the same issue: This is the halakha and a public ruling is issued to that effect, what can be said? Why did the residents of Neharde’a adopt the stringencies of the two authorities?

אָמַר רַב שֵׁיזְבִי: כִּי לָא עָבְדִינַן כְּחוּמְרֵי דְּבֵי תְרֵי — הֵיכָא דְּסָתְרִי אַהֲדָדֵי.

Rav Sheizvi said: The principle of dictating when we do not act in accordance with the stringencies of two authorities applies only in a case where the two stringencies contradict one another. In these types of cases, following both stringencies would result in an internal contradiction.

כְּגוֹן שִׁדְרָה וְגוּלְגּוֹלֶת. דִּתְנַן: הַשִּׁדְרָה וְהַגּוּלְגּוֹלֶת שֶׁחָסְרוּ — וְכַמָּה חֶסְרוֹן? בַּשִּׁדְרָה, בֵּית שַׁמַּאי אוֹמְרִים: שְׁתֵּי חוּלְיוֹת, וּבֵית הִלֵּל אוֹמְרִים: חוּלְיָא אַחַת. וּבַגּוּלְגּוֹלֶת, בֵּית שַׁמַּאי אוֹמְרִים: כִּמְלֹא מַקְדֵּחַ, וּבֵית הִלֵּל אוֹמְרִים: כְּדֵי שֶׁיִּנָּטֵל מִן הַחַי וְיָמוּת.

The Gemara illustrates this principle with an example from the laws governing the spine and skull. As we learned in a mishna: The spine and the skull of a corpse that are incomplete do not impart ritual impurity via a tent as a corpse would; rather, they impart impurity only through contact or if they are carried as individual bones. This basic law was unanimously accepted, but the details were the subject of dispute: How much is considered a deficiency in the spine for this purpose? Beit Shammai say: If it is missing two vertebrae, and Beit Hillel say: Even if it is missing only one vertebra. And similarly, they argued over the deficiency in the skull: Beit Shammai say: It must be missing piece the size of a drill hole, and Beit Hillel say: It must be missing an amount that, when removed from a living person, would cause him to die, which is a larger amount.

וְאָמַר רַב יְהוּדָה אָמַר שְׁמוּאֵל: וְכֵן לְעִנְיַן טְרֵיפָה.

And Rav Yehuda said that Shmuel said: Beit Shammai and Beit Hillel argued likewise with respect to a tereifa, a kosher animal suffering from a wound or illness that will cause it to die within twelve months, and which is prohibited to be eaten even after the required ritual slaughter. Beit Shammai say that an animal is regarded as a tereifa if it is missing two vertebrae, while Beit Hillel hold that it is a tereifa if it lacks even one. In such a situation, a person must not be stringent with regard to the halakhot of tereifa in accordance with the view of Beit Hillel, and at the same time be stringent with regard to the halakhot of ritual impurity of a corpse in accordance with the view of Beit Shammai, for the two disputes relate to the same issue, and one must not act in accordance with two contradictory opinions.

אֲבָל הֵיכָא דְּלָא סָתְרִי אַהֲדָדֵי עָבְדִינַן.

Rav Sheizvi continues: However, in a case where the two stringencies do not contradict one another, we may indeed act in accordance with the stringencies of two authorities. Therefore, the stringencies adopted in the case of the alleyway in Neharde’a were legitimate, for the two stringencies related to two separate issues: Rav’s stringency was that an L-shaped alleyway is regarded like an open alleyway, and Shmuel’s stringency was that an open alleyway requires a door.

וְהֵיכָא דְּסָתְרִי אַהֲדָדֵי לָא עָבְדִינַן?! מֵתִיב רַב מְשַׁרְשְׁיָא: מַעֲשֶׂה בְּרַבִּי עֲקִיבָא שֶׁלִּיקֵּט אֶתְרוֹג בְּאֶחָד בִּשְׁבָט, וְנָהַג בּוֹ שְׁנֵי עִישּׂוּרִין: אֶחָד כְּדִבְרֵי בֵּית שַׁמַּאי, וְאֶחָד כְּדִבְרֵי בֵּית הִלֵּל?!

The Gemara challenges Rav Sheizvi’s assertion: Is it true that we do not act in accordance with the stringencies of two authorities in a case where the two stringencies contradict one another? Rav Mesharshiya raised an objection from a baraita: There was an incident involving Rabbi Akiva, who gathered the fruit of a citron tree on the first of the month of Shevat and applied the laws of two tithes to it. After teruma and the first tithe have been separated, an additional tithe is separated from what is left. During the first, second, fourth, and fifth years of the Sabbatical cycle, second tithe is set aside to be taken to Jerusalem and eaten there by its owner, while during the third and sixth years, poor man’s tithe is set aside to be distributed to the needy. When tithing the fruit picked on the first of Shevat, Rabbi Akiva set aside both additional tithes, second tithe and poor man’s tithe: He set aside one in accordance with the statement of Beit Shammai, who say that the new year for trees begins on the first of Shevat, and as that day belongs to the new year, a tithe must be set aside in accordance with the law of that year; and he set aside one in accordance with the statement of Beit Hillel, that the new year for trees is the fifteenth of Shevat, and any fruit picked prior to that date must be tithed in accordance with the law of the previous year. Apparently, Rabbi Akiva adopted for himself two contradictory stringencies.

רַבִּי עֲקִיבָא גְּמָרֵיהּ אִיסְתַּפֵּיק לֵיהּ, וְלָא יְדַע אִי בֵּית הִלֵּל בְּחַד בִּשְׁבָט אֲמוּר, אִי בַּחֲמֵיסַר בִּשְׁבָט אֲמוּר, וַעֲבַד הָכָא לְחוּמְרָא וְהָכָא לְחוּמְרָא.

The Gemara answers: Rabbi Akiva did not act in this way in order to be stringent in accordance with both opinions, but because he was in doubt with regard to his tradition and did not know whether Beit Hillel said the New Year for trees falls on the first of Shevat or on the fifteenth of Shevat, and therefore he acted stringently here and stringently there.

יָתֵיב רַב יוֹסֵף קַמֵּיהּ דְּרַב הוּנָא, וְיָתֵיב וְקָאָמַר, אָמַר רַב יְהוּדָה אָמַר רַב: מַחֲלוֹקֶת בִּסְרַטְיָא מִכָּאן וּסְרַטְיָא מִכָּאן, וּפְלַטְיָא מִכָּאן וּפְלַטְיָא מִכָּאן.

The Gemara resumes its discussion of alleyways that are open on two opposite sides. Rav Yosef sat before Rav Huna, and he sat and said: Rav Yehuda said that Rav said: The dispute between the anonymous first tanna of the baraita and Ḥananya refers to a case where there is a main street [seratya] from here, on one side of the alleyway, and a main street from here, on the other side. Alternatively, it refers to a case where there is a plaza [pelatya] from here, on one side of the alleyway, and a plaza from here, on the other side.

אֲבָל סְרַטְיָא מִכָּאן וּבִקְעָה מִכָּאן, אוֹ בִּקְעָה מִכָּאן וּבִקְעָה מִכָּאן — עוֹשֶׂה צוּרַת הַפֶּתַח מִכָּאן וְלֶחִי וְקוֹרָה מִכָּאן.

But if there is a main street from here, on one side, and a valley from here, on the other side, a valley being a karmelit, which is neither a public domain nor a private domain, in which carrying is prohibited on Shabbat by rabbinic decree, or if there is a valley from here, on one side, and a valley from here, on the other side, one constructs an opening in the form of a doorway from here, on one side of the alleyway, and places a side post or a cross beam from here, on the other side. One is thereby permitted to carry in the alleyway even according to the opinion of Ḥananya.

הַשְׁתָּא סְרַטְיָא מִכָּאן וּבִקְעָה מִכָּאן, עוֹשֶׂה לוֹ צוּרַת הַפֶּתַח מִכָּאן וְלֶחִי וְקוֹרָה מִכָּאן — בִּקְעָה מִכָּאן וּבִקְעָה מִכָּאן מִיבַּעְיָא?!

The Gemara raises a question about this ruling: Now, if you say that where there is a main street from here, on one side of the alleyway, and a valley from here, on the other side, it is sufficient to construct an opening in the form of a doorway from here, on one side, and a side post or a cross beam from here, on the other side, was it necessary to state that these are sufficient if there is a valley from here, on one side of the alleyway, and a valley from here, on the other side?

הָכִי קָאָמַר: סְרַטְיָא מִכָּאן וּבִקְעָה מִכָּאן — נַעֲשֶׂה כְּבִקְעָה מִכָּאן וּבִקְעָה מִכָּאן.

The Gemara answers: This is what he intended to say: If there is a main street from here, on one side, and a valley from here, on the other side, it is considered as if there were a valley from here, on one side, and a valley from here, on the other side.

וּמְסַיֵּים בַּהּ מִשְּׁמֵיהּ דְּרַב יְהוּדָה: אִם הָיָה מָבוֹי כָּלֶה לִרְחָבָה, אֵין צָרִיךְ כְּלוּם.

The Gemara continues: And when Rav Yosef reported this ruling, he concluded with a statement in the name of Rav Yehuda himself, without attributing it to one of Rav Yehuda’s teachers: If the alleyway terminated in a backyard, i.e., a closed-off area behind a group of houses, then even if there is a breach in the wall between the yard and the public domain beyond it, nothing is needed on this side of the alleyway, as it is considered closed.

אֲמַר לֵיהּ אַבָּיֵי לְרַב יוֹסֵף: הָא דְּרַב יְהוּדָה דִּשְׁמוּאֵל הִיא.

Abaye said to Rav Yosef: This ruling of Rav Yehuda is a ruling of his teacher Shmuel, and not of his other teacher, Rav.

דְּאִי דְּרַב — קַשְׁיָא דְּרַב אַדְּרַב בְּתַרְתֵּי: דְּאָמַר רַב יִרְמְיָה בַּר אַבָּא אָמַר רַב: מָבוֹי שֶׁנִּפְרַץ בִּמְלוֹאוֹ לֶחָצֵר, וְנִפְרְצָה חָצֵר כְּנֶגְדּוֹ — חָצֵר מוּתֶּרֶת וּמָבוֹי אָסוּר. וְאַמַּאי? לֶיהֱוֵי כְּמָבוֹי שֶׁכָּלֶה לִרְחָבָה!

For if it is a ruling of Rav, the apparent contradiction between one statement of Rav and another statement of Rav poses a difficulty in two ways. The first is with regard to the fact that this alleyway opens into the public domain on two opposite sides, and the second is based on that which Rav Yirmeya bar Abba said that Rav said: If an alleyway was breached along the entire length of its back wall into a courtyard, and likewise the courtyard was breached opposite it into the public domain, it is permitted to carry in the courtyard, and it is prohibited to carry in the alleyway, since this alleyway is now open on two opposite sides to the public domain. Why should this be the ruling? In this case, let it be like an alleyway that terminates in a backyard, where Rav Yehuda ruled that nothing further is needed to permit carrying.

אֲמַר לֵיהּ: אֲנָא לָא יָדַעְנָא, עוֹבָדָא הֲוָה בְּדוּרָא דְּרָעֲוָתָא מָבוֹי שֶׁכָּלֶה לִרְחָבָה הֲוָה, וַאֲתָא לְקַמֵּיהּ דְּרַב יְהוּדָה וְלָא אַצְרְכֵיהּ וְלָא מִידֵּי. וְאִי קַשְׁיָא מִשְּׁמֵיהּ דְּרַב — תֶּיהְוֵי מִשְּׁמֵיהּ דִּשְׁמוּאֵל, וְלָא קַשְׁיָא מִידֵּי.

Rav Yosef said to Abaye: I do not know in accordance with which of his teachers Rav Yehuda issued this ruling. All I know is that there was an incident in a shepherds’ village where an alleyway terminated in a backyard, and the matter came before Rav Yehuda for a ruling, and he did not require anything to render it permitted to carry in the alleyway. And if, as you say, it is difficult if we say that he issued his ruling in the name of Rav, let it be suggested that he issued it in the name of his other teacher, Shmuel, and then there will be no difficulty.

הַשְׁתָּא דַּאֲמַר לֵיהּ רַב שֵׁשֶׁת לְרַב שְׁמוּאֵל בַּר אַבָּא, וְאָמְרִי לֵיהּ לְרַב יוֹסֵף בַּר אַבָּא: אַסְבְּרָא לָךְ, כָּאן — שֶׁעֵירְבוּ, כָּאן — שֶׁלֹּא עֵירְבוּ.

The Gemara comments: Now that Rav Sheshet said to Rav Shmuel bar Abba, and some say that he said to Rav Yosef bar Abba: I will explain to you Rav’s statement with regard to an alleyway that was breached along the entire length of its back wall into a courtyard. One must make a distinction based on the nature of the case: Here it is referring to a case where the residents of the courtyard established an eiruv together. In that case, Rav permits carrying in the alleyway and is not concerned with the breach into the courtyard, as the courtyard and the alleyway are treated as a single domain. There it is referring to a case where the residents did not establish an eiruv together. In that case, Rav prohibits carrying in the alleyway, because the alleyway now has new residents, i.e., the residents of the courtyard, who did not participate in the eiruv, and they prevent the residents of the alleyway from carrying.

דְּרַב אַדְּרַב נָמֵי לָא קַשְׁיָא: כָּאן — שֶׁעֵירְבוּ בְּנֵי חָצֵר עִם בְּנֵי מָבוֹי, כָּאן — שֶׁלֹּא עֵירְבוּ.

Consequently, it can be said that Rav Yehuda’s statement with regard to an alleyway that terminates in a backyard is in accordance with the opinion of Rav, as the apparent contradiction between one statement of Rav and another statement of Rav also poses no difficulty. Here, where Rav Yehuda permits carrying in an alleyway that terminates in a backyard, he is referring to a case where the residents of the courtyard and the residents of the alleyway established a joint eiruv, whereas here, where Rav prohibits carrying in an alleyway that was breached along the entire length of its back wall into a courtyard, he is referring to a case where the residents of the courtyard and the residents of the alleyway did not establish a joint eiruv.

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