The purpose of an eruv is the unification of a shared courtyard or an alleyway (technically called שיתוף מבוי) so that everybody may carry from their houses to the courtyard or alleyway and back. If one person of the courtyard fails to contribute to the common eruv, everybody else is also forbidden to carry from their houses to the courtyard and back because the courtyard hasn’t been unified. One means of rectifying the situation as we have seen in the previous dappim, a person may renounce his right to the courtyard (ביטול רשות) and thus allowing everybody else who participated in the eruv to carry back and forth from their homes.
The Mishnah back on TB Eruvin 69b relates a disagreement between Beit Shammai and Beit Hillel when this renunciation needs to be done to be effective. “When may one give away rights in a domain? Beit Shammai say: While it is still day, i.e., before the onset of Shabbat; and Beit Hillel say: Even after nightfall, when it is already Shabbat.” (Sefaria.org translation) Today’s daf TB Eruvin 71 provides the underpinning legal theory of both Beit Shammai and Beit Hillel. “Beit Shammai hold that renunciation of a domain is equivalent to acquisition of a domain, and acquisition of a domain is prohibited on Shabbat. And Beit Hillel hold that it is merely withdrawal from a domain, and withdrawal from a domain seems well on Shabbat, i.e., it is permitted. As such, there is no reason to prohibit renunciation as a form of acquisition, which is prohibited as a part of a decree against conducting commerce on Shabbat.” (Sefaria.org translation) Business transactions are forbidden on Shabbat. Beit Shammai holds that renunciation is akin to a business transaction; consequently, one must do the renunciation before Shabbat enters. Beit Hillel doesn’t view renunciation as a formal transaction, but rather just withdrawing from a domain which is permitted on Shabbat. As we have already indicated many times before, the halakha follows Beit Hillel and renunciation may occur on Shabbat.
If the purpose of an eruv is to unify an area, does a business partnership between neighbors alleviate the necessity of an eruv? Sometimes yes and sometimes no. “If a homeowner was in partnership with his neighbors, with this one in wine and with that one in wine, they need not establish an eiruv, for due to their authentic partnership they are considered to be one household, and no further partnership is required. If, however, he was in partnership with this one in wine and with that one in oil, they must establish an eiruv. As they are not partners in the same item, they are not all considered one partnership. Rabbi Shimon says: In both this case and that case, i.e., even if he partners with his neighbors in different items, they need not establish an eiruv.” (Sefaria.org translation) We know that the case under discussion in the Mishna concerns an alleyway because what is being contributed to the eruv. Only bread is an acceptable contribution for an eruv hazterot while all food except water and mushrooms may be used for the purposes of unifying an alleyway.
If a person has a wine partnership with two other neighbors, no eruv is necessary. If a person has a wine partnership with one neighbor and an oil partnership with another and the wine and oil are in one container, no eruv is necessary. (The Tur) The Beit Yosef, Yosef Caro’s commentary on the Tur, explains we decide Jewish law according to Rabbi Shimon since we are always lenient in matters concerning an eruv being a rabbinic injunction. The Bach[i] explains that the tanna kamma and Rabbi Shimon agree that no eruv is required if the wine and oil are in one container. They only disagree when the wine and oil are two separate containers. See Shulkhan Arukh, Orekh Hayyim, 386:3)
[i] Joel ben Samuel Sirkis (born
1561 - March 4, 1640) also known as the Bach (an abbreviation of his magnum opus BAyit CHadash), was a prominent Ashkenazi posek and halakhist, who lived in central Europe and held rabbinical positions in Belz, Brest-Litovsk and Kraków, and is considered to be one of the greatest Talmudic scholars of Poland. He is known for
his liberal rulings in his responsum.
(https://en.wikipedia.org/wiki/Joel_Sirkis)
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