## Eruvin Daf 81b

###### Eruvin 81b:1
[Eruvin 81b:1](https://torahapp.org/share/book/Eruvin/r/81b:1)

וּמוֹדִים בִּשְׁאָר כׇּל הָאָדָם, שֶׁזָּכוּ לוֹ מְעוֹתָיו. שֶׁאֵין מְעָרְבִין לָאָדָם אֶלָּא מִדַּעְתּוֹ.

**William Davidson Edition - English:**
**And** the Rabbis **concede with regard to all** other **people,** apart from grocers and bakers, **that** if one gave them money for the food of an *eiruv*, **his money confers possession upon him, as one** may **establish an *eiruv* for a person only with his knowledge** and at his bidding. With regard to a grocer or baker, the person giving the money does not intend to appoint the grocer or the baker as his agent and the money itself does not effect an acquisition, and consequently, he did not accomplish anything. With regard to anyone else, however, there is no doubt that he must have intended to appoint him his agent, and his act is effective.


###### Eruvin 81b:2
[Eruvin 81b:2](https://torahapp.org/share/book/Eruvin/r/81b:2)

אָמַר רַבִּי יְהוּדָה: בַּמֶּה דְּבָרִים אֲמוּרִים בְּעֵירוּבֵי תְחוּמִין, אֲבָל בְּעֵירוּבֵי חֲצֵירוֹת — מְעָרְבִין לְדַעְתּוֹ וְשֶׁלֹּא לְדַעְתּוֹ, לְפִי שֶׁזָּכִין לָאָדָם שֶׁלֹּא בְּפָנָיו, וְאֵין חָבִין לָאָדָם שֶׁלֹּא בְּפָנָיו.

**William Davidson Edition - English:**
**Rabbi Yehuda said: In what case is this statement said?** It is said **with regard to a joining of** Shabbat **boundaries, but with regard to a joining of courtyards, one** may **establish an *eiruv*** for a person either **with his knowledge or without his knowledge.** The reason is **because one may act for a person’s benefit in his absence, but one may not act to a person’s disadvantage in his absence.** As a participant in a joining of courtyards benefits from his inclusion in the *eiruv*, his consent is not required. However, with regard to a joining of Shabbat boundaries, although it enables one to go farther in one direction, he loses the option of traveling in the opposite direction. When an action is to a person’s disadvantage, or if it entails both benefits and disadvantages, one may act on that person’s behalf only if he has been explicitly appointed his agent.


###### Eruvin 81b:3
[Eruvin 81b:3](https://torahapp.org/share/book/Eruvin/r/81b:3)

**גְּמָ׳** מַאי טַעְמָא דְּרַבִּי אֱלִיעֶזֶר? הָא לֹא מָשַׁךְ!

**William Davidson Edition - English:**
**GEMARA:** The Gemara poses a question: **What is the reason for Rabbi Eliezer’s** opinion that one who gave money to a grocer or a baker has acquired possession of the food for the *eiruv*? This ruling is difficult, as **he did not** perform a transaction by **pulling** the food into his possession, and one can acquire an object only by performing a valid act of acquisition.


###### Eruvin 81b:4
[Eruvin 81b:4](https://torahapp.org/share/book/Eruvin/r/81b:4)

אָמַר רַב נַחְמָן אָמַר רַבָּה בַּר אֲבָהוּ: עֲשָׂאוֹ רַבִּי אֱלִיעֶזֶר כְּאַרְבָּעָה פְּרָקִים בַּשָּׁנָה, דִּתְנַן: בְּאַרְבָּעָה פְּרָקִים אֵלּוּ מַשְׁחִיטִין אֶת הַטַּבָּח בְּעַל כׇּרְחוֹ. אֲפִילּוּ שׁוֹר שָׁוֶה אֶלֶף דִּינָר וְאֵין לַלּוֹקֵחַ אֶלָּא דִּינָר אֶחָד — כּוֹפִין אוֹתוֹ לִשְׁחוֹט.

**William Davidson Edition - English:**
**Rav Naḥman said** that **Rabba bar Abbahu said: Rabbi Eliezer established** this acquisition so that it should be **like the four times during the year** that the payment of money effects acquisition, **as we learned** in a mishna: **On these four times** every year, on the eves of Passover, *Shavuot*, Rosh HaShana, and the Eighth Day of Assembly, one who paid for meat may **force the butcher to slaughter** an animal against his will. **Even** if his **ox** was **worth a thousand dinar, and the customer has** paid for **only one dinar’s** worth of meat, the customer may **force** the butcher **to slaughter** it, so that the buyer can receive his meat. The reason is that on these four occasions everyone buys meat, and therefore the butcher who promised to supply the customer with meat must give it to him, even if this causes the butcher a considerable loss.


###### Eruvin 81b:5
[Eruvin 81b:5](https://torahapp.org/share/book/Eruvin/r/81b:5)

לְפִיכָךְ אִם מֵת, מֵת לַלּוֹקֵחַ. מֵת לַלּוֹקֵחַ? הָא לֹא מָשַׁךְ! אָמַר רַב הוּנָא: בְּשֶׁמָּשַׁךְ.

**William Davidson Edition - English:**
**Therefore, if** the ox **died, it died at the buyer’s** expense. That is to say, he must bear the loss and is not entitled to get his dinar back. The Gemara asks: Why is this so? The customer **did not pull** the ox into his possession. As he did not perform an act of acquisition, he has not acquired any part of the ox, and his dinar should therefore be restored to him. **Rav Huna said:** We are dealing here with a case **where he did pull** the ox into his possession.


###### Eruvin 81b:6
[Eruvin 81b:6](https://torahapp.org/share/book/Eruvin/r/81b:6)

אִי הָכִי, אֵימָא סֵיפָא: בִּשְׁאָר יְמוֹת הַשָּׁנָה אֵינוֹ כֵּן. לְפִיכָךְ אִם מֵת, מֵת לַמּוֹכֵר. אַמַּאי? הָא מָשַׁךְ!

**William Davidson Edition - English:**
The Gemara raises a difficulty: **If so, say the latter clause** of that mishna as follows: With regard to **the rest of the days of the year, it is not so. Therefore, if** the animal **died, it died at the seller’s** expense. If, as Rav Huna claims, the mishna is referring to a case where the purchaser had already pulled the animal into his possession, **why** must the seller suffer the loss? Since the customer **pulled** it into his possession and has acquired it, the ox died in his possession.


###### Eruvin 81b:7
[Eruvin 81b:7](https://torahapp.org/share/book/Eruvin/r/81b:7)

אָמַר רַבִּי שְׁמוּאֵל בַּר יִצְחָק: לְעוֹלָם בְּשֶׁלֹּא מָשַׁךְ, הָכָא בְּמַאי עָסְקִינַן בְּשֶׁזִּיכָּה לוֹ עַל יְדֵי אַחֵר.

**William Davidson Edition - English:**
**Rabbi Shmuel bar Yitzḥak said: Actually,** the mishna is referring to a case **where** the customer **did not pull** the animal into his possession. **With what are we dealing here?** We are dealing **with** a case **where** the butcher **conferred possession upon** his customer **by means of another** person, i.e., the butcher conferred possession upon the customer by instructing another person to acquire a dinar’s worth of the ox’s meat on his behalf, without having obtained his consent.


###### Eruvin 81b:8
[Eruvin 81b:8](https://torahapp.org/share/book/Eruvin/r/81b:8)

בְּאַרְבָּעָה פְּרָקִים אֵלּוּ דִּזְכוּת הוּא לוֹ — זָכִין לוֹ שֶׁלֹּא בְּפָנָיו. בִּשְׁאָר יְמוֹת הַשָּׁנָה, דְּחוֹב הוּא לוֹ — אֵין חָבִין לוֹ אֶלָּא בְּפָנָיו.

**William Davidson Edition - English:**
Consequently, **at these four times, when it is for his benefit,** as everyone wishes to buy meat on these days, **one may act for his benefit in his absence,** and the acquisition is valid. With regard to **the rest of the days of the year, when it is to his disadvantage,** as it obligates him in payment and he might have no interest in this purchase, **one may act to his disadvantage only in his presence.**


###### Eruvin 81b:9
[Eruvin 81b:9](https://torahapp.org/share/book/Eruvin/r/81b:9)

וְרַב אִילָא אָמַר רַבִּי יוֹחָנָן: בְּאַרְבָּעָה פְּרָקִים אֵלּוּ הֶעֱמִידוּ חֲכָמִים דִּבְרֵיהֶן עַל דִּבְרֵי תוֹרָה. דְּאָמַר רַבִּי יוֹחָנָן: דְּבַר תּוֹרָה, מָעוֹת קוֹנוֹת.

**William Davidson Edition - English:**
**And Rav Ila said** that **Rabbi Yoḥanan said: At these four times, the Sages based their statement on Torah law,** i.e., they ruled in accordance with Torah law. **As Rabbi Yoḥanan said: By Torah law,** the payment of **money** is an effective act of acquisition, which **acquires** movable property. Merchandise that is purchased with money is immediately transferred to the ownership of the buyer.


###### Eruvin 81b:10
[Eruvin 81b:10](https://torahapp.org/share/book/Eruvin/r/81b:10)

וּמִפְּנֵי מָה אָמְרוּ מְשִׁיכָה קוֹנָה — גְּזֵירָה שֶׁמָּא יֹאמַר לוֹ: נִשְׂרְפוּ חִיטֶּיךָ בָּעֲלִיָּיה.

**William Davidson Edition - English:**
**And why,** then, **did** the Sages **say** that the mode of acquisition of **pulling,** not monetary payment, **acquires** movable goods? It is **a decree** issued by the Sages, **lest** the seller **say to** a buyer who has already paid for his merchandise: **Your wheat was burned in the upper story** of my house, and you have lost everything. According to Torah law, once the buyer pays, he owns the merchandise wherever it is located. As this state of affairs can lead to fraud, the Sages instituted that only an act of physical transfer of the item purchased can finalize the sale. On these four occasions, however, the Sages ordained that Torah law remains in effect. Rabbi Eliezer maintains that this enactment applies to an *eiruv* as well.


###### Eruvin 81b:11
[Eruvin 81b:11](https://torahapp.org/share/book/Eruvin/r/81b:11)

וּמוֹדִים בִּשְׁאָר כׇּל הָאָדָם כּוּ׳. מַאן שְׁאָר כׇּל אָדָם? אָמַר רַב: בַּעַל הַבַּיִת.

**William Davidson Edition - English:**
The mishna stated: The Rabbis **concede with regard to all** other **people** that if he gave them money for food for an *eiruv*, his money confers possession upon him. The Gemara asks: **Who is** included among **all** other **people? Rav said:** The reference is to **an** ordinary **homeowner,** not a merchant, who was asked by someone to receive possession of food for an *eiruv* on his behalf, by means of the money that he provided.


###### Eruvin 81b:12
[Eruvin 81b:12](https://torahapp.org/share/book/Eruvin/r/81b:12)

וְכֵן אָמַר שְׁמוּאֵל: בַּעַל הַבַּיִת. דְּאָמַר שְׁמוּאֵל: לֹא שָׁנוּ אֶלָּא נַחְתּוֹם, אֲבָל בַּעַל הַבַּיִת — קוֹנֶה. וְאָמַר שְׁמוּאֵל: לֹא שָׁנוּ אֶלָּא מָעָה, אֲבָל כְּלִי — קוֹנֶה.

**William Davidson Edition - English:**
**And likewise, Shmuel said:** The reference is to **an** ordinary **homeowner. As Shmuel said: They taught** this *halakha* **only** with regard to **a baker, but an** ordinary **homeowner** may **acquire** the food on behalf of another person. **And Shmuel** also **said: They taught** this *halakha* **only** in a case where he gave him **a *ma’a*, but** if he gave him **a utensil, he acquires** the food for the *eiruv* by the mode of acquisition known as exchange. By handing over the utensil in exchange for the food of the *eiruv*, he acquires that food wherever it is located. However, one cannot perform the mode of acquisition of exchange with money.


###### Eruvin 81b:13
[Eruvin 81b:13](https://torahapp.org/share/book/Eruvin/r/81b:13)

וְאָמַר שְׁמוּאֵל: לֹא שָׁנוּ אֶלָּא דְּאָמַר לוֹ ״זְכֵה לִי״, אֲבָל אָמַר ״עָרֵב לִי״, שָׁלִיחַ שַׁוְּיֵהּ, וְקָנֵי.

**William Davidson Edition - English:**
**And Shmuel** further **said: They taught** this *halakha* **only** in a case **where he said to** the grocer or baker: **Confer possession upon me; but if he said** to him: **Establish an *eiruv* on my behalf,** he clearly intended to **appoint him** his **agent** to establish an *eiruv* on his behalf, **and** therefore the *eiruv* **is acquired** by means of his agency.


###### Eruvin 81b:14
[Eruvin 81b:14](https://torahapp.org/share/book/Eruvin/r/81b:14)

אָמַר רַבִּי יְהוּדָה: בַּמֶּה דְּבָרִים אֲמוּרִים וְכוּ׳. אָמַר רַב יְהוּדָה אָמַר שְׁמוּאֵל: הֲלָכָה כְּרַבִּי יְהוּדָה, וְלֹא עוֹד אֶלָּא כׇּל מָקוֹם שֶׁשָּׁנָה רַבִּי יְהוּדָה בְּעֵירוּבִין הֲלָכָה כְּמוֹתוֹ.

**William Davidson Edition - English:**
We learned in the mishna: **Rabbi Yehuda said: In what** case **is this statement,** that one may establish an *eiruv* only with a person’s knowledge, **said?** This *halakha* applies to a joining of Shabbat boundaries, but not a joining of courtyards. **Rav Yehuda said** that **Shmuel said:** The ***halakha* is in accordance with** the opinion of **Rabbi Yehuda** in this regard, **and not only that, but any place where Rabbi Yehuda taught** a *halakha* **with regard to *eiruvin*,** the ***halakha* is in accordance with his** opinion.


###### Eruvin 81b:15
[Eruvin 81b:15](https://torahapp.org/share/book/Eruvin/r/81b:15)

אֲמַר לֵיהּ רַב חָנָא בַּגְדָּתָאָה לְרַב יְהוּדָה: אָמַר שְׁמוּאֵל אֲפִילּוּ בְּמָבוֹי שֶׁנִּיטְּלוּ קוֹרוֹתָיו אוֹ לְחָיָיו?

**William Davidson Edition - English:**
**Rav Ḥana from Baghdad said to Rav Yehuda:** Did **Shmuel state** this ruling **even with regard to an alleyway whose** cross **beam or side post was removed** during Shabbat? Rabbi Yehuda maintains that it is permitted to carry in this alleyway on that same Shabbat.


###### Eruvin 81b:16
[Eruvin 81b:16](https://torahapp.org/share/book/Eruvin/r/81b:16)

אֲמַר לֵיהּ: בְּעֵירוּבִין אָמַרְתִּי לְךָ, וְלֹא בִּמְחִיצוֹת.

**William Davidson Edition - English:**
**He said to him: I spoke to you with regard to** the acquisition of ***eiruvin*, and not with regard to partitions.** The *halakhot* of partitions are not considered part of the *halakhot* of *eiruvin*, as they touch upon several areas of *halakha*, only one of which is the issue of an *eiruv*. With regard to partitions, the *halakha* is not in accordance with Rabbi Yehuda.


###### Eruvin 81b:17
[Eruvin 81b:17](https://torahapp.org/share/book/Eruvin/r/81b:17)

אֲמַר לֵיהּ רַב אַחָא בְּרֵיהּ דְּרָבָא לְרַב אָשֵׁי: ״הֲלָכָה״, מִכְּלָל דִּפְלִיגִי. וְהָאָמַר רַבִּי יְהוֹשֻׁעַ בֶּן לֵוִי: כׇּל מָקוֹם שֶׁאָמַר רַבִּי יְהוּדָה ״אֵימָתַי״ וּ״בַמֶּה״ בְּמִשְׁנָתֵנוּ — אֵינוֹ אֶלָּא לְפָרֵשׁ דִּבְרֵי חֲכָמִים!

**William Davidson Edition - English:**
**Rav Aḥa, son of Rava, said to Rav Ashi:** As it is stated that the ***halakha*** is in accordance with Rabbi Yehuda, this proves **by inference that there is a dispute** concerning this issue. **But didn’t Rabbi Yehoshua ben Levi say: Any place where Rabbi Yehuda says when, or in what** case is this, **in the Mishna,** he intends **only to explain the** earlier **statement of the Rabbis,** not to disagree with them. Why, then, did Shmuel say that the *halakha* is in accordance with the opinion of Rabbi Yehuda, when according to Rabbi Yehoshua ben Levi he is merely clarifying the opinion of the Rabbis, and there is no dispute between them?


###### Eruvin 81b:18
[Eruvin 81b:18](https://torahapp.org/share/book/Eruvin/r/81b:18)

וְלָא פְּלִיגִי? וְהָא אֲנַן תְּנַן: נִתּוֹסְפוּ עֲלֵיהֶן — מוֹסִיף וּמְזַכֶּה, וְצָרִיךְ לְהוֹדִיעַ!

**William Davidson Edition - English:**
Before addressing this question, the Gemara expresses surprise over the claim itself: **And** do Rabbi Yehuda and the Sages **not dispute** this issue? **Didn’t we learn** in an earlier mishna: If new residents **were added to** the original residents of the alleyway, **he may add** to the *eiruv* for those residents **and confer possession** on them, **and he must inform** the new residents of their inclusion in the merging of alleyways. Apparently, this *tanna* maintains that one must inform them even with regard to a joining of courtyards. This ruling contradicts the opinion of Rabbi Yehuda, which proves that there is at least one Sage who does not accept his opinion.


###### Eruvin 81b:19
[Eruvin 81b:19](https://torahapp.org/share/book/Eruvin/r/81b:19)

הָתָם בְּחָצֵר שֶׁבֵּין שְׁנֵי מְבוֹאוֹת.

**William Davidson Edition - English:**
The Gemara answers: **There,** the mishna is referring **to a courtyard** situated **between two alleyways,** in which case the residents of the courtyard may join a merging with whichever alleyway they prefer. As their participation in the merging involves a certain disadvantage, for perhaps the residents of the courtyard would not want to establish a merging of alleyways with one alleyway and lose out on a potential merging with the other, it is necessary to inform them.


###### Eruvin 81b:20
[Eruvin 81b:20](https://torahapp.org/share/book/Eruvin/r/81b:20)

וְהָאָמַר רַב שֵׁיזְבִי אָמַר רַב חִסְדָּא: זֹאת אוֹמֶרֶת חֲלוּקִין עָלָיו חֲבֵירָיו עַל רַבִּי יְהוּדָה.

**William Davidson Edition - English:**
The Gemara raises a further difficulty: **Didn’t Rav Sheizvi say** that **Rav Ḥisda said** with regard to that same mishna: **That is to say** that **Rabbi Yehuda’s colleagues disagree with him** over the need to inform the other residents about the *eiruv*? This statement indicates that at least some Sages hold that the matter is in dispute, and not everyone agrees with Rabbi Yehuda.


###### Eruvin 81b:21
[Eruvin 81b:21](https://torahapp.org/share/book/Eruvin/r/81b:21)

אֶלָּא:

**William Davidson Edition - English:**
**Rather,** the Gemara resolves both difficulties together: