A Daf A Day (daf yomi)

A daf yomi blog for discussion, questions and comments on the daily daf.

Tuesday, December 06, 2005

include akum in eruv (Eruvin 62a)

Rashi in d"h ela about 10 lines down on 62a explains that the purpose of the enactment to forbid the Jew from including the non-Jew in his eruv was to discourage us from living with them. This way we would need to go to them each week and ask them to rent the area from them. It would be such a huge pain in the neck that we would prefer just not to live with them.

Some rishonim pasken this way that you must make rent anew from the goy each week. The Rosh, however paskens that one rental is enough. Furthermore, he says that even Rashi agrees to that and the only reason that Rashi says you need to do it every week is if the non-Jew backs out then you must go re-rent it from him. To me that sounds a little forced in Rashi but I was thinking that maybe the Rosh is still correct that Rashi agrees that it doesn't have to be done every week ...

The Rashash asks on this Rashi, why does he say that the detriment is that you'll have to rent each week? The gemara says later that the reason this will disuade people from living with the goyim is because they won't rent it to the Jews - nothing to do with the bother of doing it every week! The Rashash answers, "maybe Rashi believes that the reason of the gemara doesn't apply unless it's a long term-rental." If I'm understanding the Rashash correctly, he's suggesting that Rashi believes that there are really two detriments:
1. A non-Jew won't make a long term rental of his land to a Jew
2. He would make a short-term rental but that's a pain in the neck for the Jew

So Rashi agrees that a long-term rental would be effective if you could somehow convince the non-Jew to do it.


At 10:24 PM, Blogger Aron said...

Yyasher cochacha, we were wondering the same thing. Your P'shat is really good.


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