Today’s daf clarifies the three different positions concerning the halakha of drisat haregel (דְּרִיסַת הָרֶגֶל). Drisat haregel is foot traffic that creates a potential residency when it comes to eruvin. This is the scenario. There are two courtyards, one interior and one exterior. The only egress for the people who live in the interior courtyard is through the exterior courtyard. Their walking through the exterior courtyard could have major implications when it comes to carrying on Shabbat for the people who live in the exterior courtyard.
“MISHNA: With regard to two courtyards, one of which was within the other, and the outer one opened into the public domain, the following distinctions apply: If the inner courtyard established an eiruv for itself and the outer one did not establish an eiruv, carrying in the inner one is permitted and carrying in the outer one is prohibited.
“If the outer courtyard established an eiruv and the inner one did not, carrying in both is prohibited, as the residents of the inner courtyard pass through the outer one, and are considered to a certain extent as residents of the courtyard who did not participate in the eiruv. If this courtyard established an eiruv for itself, and that courtyard also established an eiruv for itself, but they did not establish a joint eiruv with one another, this one is permitted by itself, and that one is permitted by itself, but they may not carry from one to the other.
“Rabbi Akiva prohibits carrying in the outer one even in such a case, as the right of entry to the outer courtyard enjoyed by the residents of the inner courtyard renders it prohibited. And the Rabbis disagree and say: The right of entry enjoyed by the residents of the inner courtyard does not render it prohibited. Since the residents of the inner courtyard do not use the outer one other than to pass through it, and they are permitted to carry in their own courtyard, they do not render it prohibited to carry in the outer courtyard.” (Sefaria.org translation)
Rabbi Yannai was a first-generation amora. Ravin came from Eretz Yisrael to Babylonia and he explained the Mishna according to his understanding of Rabbi Yannai.[1] “Rabbi Yannai said: There are three disputes with regard to this matter. The first tanna holds that the foot of one who is permitted in his own place does not render it prohibited to carry elsewhere, but the foot of one who is prohibited in his own place does render it prohibited to carry. Rabbi Akiva holds that even the foot of one who is permitted in his own place renders it prohibited to carry in a different place. And the latter Rabbis hold that just as the foot of one who is permitted in his own place does not render it prohibited to carry, so too, the foot of one who is prohibited does not render it prohibited to carry. This explanation resolves all of the difficulties posed earlier.” (Sefaria.org translation)
The first tanna holds the position that if the residents of the inner courtyard are permitted to carry in their own courtyard, the people in the outer courtyard are permitted to carry in theirs as well. But if the people in the inner courtyard did not make an eruv for themselves, even if the people in the outer courtyard did make an eruv, they are still prohibited to carry as well. Because the people in the inner courtyard have to walk through the outer courtyard to leave, they become “residents” of the outer courtyard. By becoming “residents” of the outer courtyard and did not participate in the eruv of the outer courtyard, the outer courtyard’s eruv falls apart. Consequently, the people in the outer courtyard are forbidden to carry.
Rabbi Akiva holds the position that in either case both the people of the inner courtyard and the outer courtyard are forbidden to carry in the outer courtyard because as “residents” who did not participate in the outer courtyard’s eruv, the eruv falls apart.
The later rabbis do not have the category of drisat haregel at all
The Shulkhan Arukh poskins: if both the inner and outer courtyards make an eruv, people within their own courtyard may carry. If the inner courtyard made an eruv and the outer courtyard didn’t or if one member of the outer courtyard forgot to participate in the eruv, the people in the inner courtyard allowed to carry within their courtyard and the people in the outer courtyard of forbidden to carry within theirs. If the outer courtyard made an eruv and the inner courtyard didn’t or one member of the inner courtyard forgot to join the eruv, then both people in the inner and outer courtyard are forbidden to carry in the respective courtyards because the foot of one who is prohibited in his own place does render it prohibited to carry (רֶגֶל הָאֲסוּרָה -אוֹסֶרֶת). Orekh Hayyim, 378:2)
[1] Earlier
on the daf, Rav Dimi brings an
alternative version of Rabbi Yannai understanding of our Mishnah.
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