If one dwells in a courtyard with a gentile or with one who does not acknowledge (the institution of) eruv, [i.e., a Cuthite], he (the latter) forbids him (the Israelite) [from carrying from his house to the courtyard until he rents from him his rights in the courtyard.] These are the words of R. Meir. R. Eliezer b. Yaakov says: Only two Israelites can forbid it, one to the other. [Both according to the first tanna and according to R. Eliezer b. Yaakov the dwelling of a gentile is not called a dwelling and, by law, he does not forbid; but the rabbis decreed (that he does forbid) so that an Israelite not come to dwell with an idolator and not learn from his deeds. The first tanna holds that even though a gentile is suspect of bloodshed and a Jew is forbidden to be alone with him, it sometimes happens that an Israelite dwells together with an idolator, and the rabbis ordained that an eruv not avail with a gentile and that negation of his (the gentile's) rights (in the courtyard) not avail, but that he must rent it (to the Jew). And the gentile will not rent it, fearing witchcraft. As a result, a Jew will not come to dwell with a gentile and he will not learn from his deeds. And R. Eliezer b. Yaakov holds that since an idolator is suspect of bloodshed — for two (or more Jews), who might dwell with a gentile, the rabbis made this decree; for one, for whom it would be uncommon to dwell with a gentile, it being forbidden to be alone with him, they did not decree. The halachah is in accordance with R. Eliezer b. Yaakov. And it (the courtyard) is rented from an idolator even for less than a p'rutah, and even on Shabbath. And even though a gentile cannot (merely) negate his rights, but must rent (his courtyard) to the Jew, a Jew can negate his rights even on Shabbath. That, by telling his neighbor, when an eruv has not been made: "My rights are ceded to you." In this event, he is forbidden to carry in the courtyard and his neighbor is permitted to do so. And if they so desire, after the one has carried therein what he needed to, he can cede his rights to the other, in which instance it becomes permitted to the other and forbidden to him.]
Bartenura on Mishnah Eruvin
הדר. מי שאינו מודה בערוב – a Cuthean or a Sadducee.
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English Explanation of Mishnah Eruvin
Introduction
From here until the end of the ninth chapter the Mishnah will discuss courtyard eruvin (eruve hatzerot) and alley partnerships (shittufe mevuoth). These allow people to carry in courtyards and common alleys respectively. The eruv or shittuf is a common meal, which creates the legal fiction that the entire courtyard or alley is one person’s domain. For a more general introduction, see the introduction to the tractate.
In general, everyone who lives in the courtyard or alley must participate in the eruv, meaning they must contribute to the common meal. If one does not, he causes the entire courtyard or alley to be prohibited from carrying for all of the residents. Our mishnah teaches about a case where one of the residents is a non-Jew or a Jew who doesn’t admit to the validity of eruvin in general.
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Bartenura on Mishnah Eruvin
הרי זה אוסר עליו – to carry from his house to the courtyard until he would rent permission from him that he has in his courtyard.
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English Explanation of Mishnah Eruvin
One who lives in a courtyard with a non-Jew or with one who does not acknowledge the [principle of] eruv, behold this one restricts him [from making use of the eruv], the words of Rabbi Meir. According to Rabbi Meir, if a non-Jew or a Jew who doesn’t believe in eruvin (perhaps a Sadducee or Samaritan) lives in a courtyard or alley with other Jews, his lack of participation in the eruv makes it forbidden for other Jews to use the eruv. As stated above, the eruv must be jointly owned by all of the residents if even one resident does not own it, it doesn’t work. The Talmud teaches a way to remedy this problem. The non-Jew can rent to the Jew the part of the courtyard that he owns, and in this way it is as if on Shabbat he doesn’t own it. Admittedly this is a legal fiction but if it did not exist, it would have been exceedingly difficult to set up eruvin in many, if not all towns, in the mishnaic period, since Jews did not live totally separate from non-Jews.
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Bartenura on Mishnah Eruvin
לעולם אינו אוסר עד שיהיו שני ישראלים – whether the first Tanna/teacher [of our Mishnah], whether Rabbi Eliezer ben Yaakov – the residence of an idolater is not called a residence, and by law, it should not prohibit, but the Rabbis decreed this in order that a Jew should not live with an idolater and that he should not learn from his actions. The first Tanna/teacher [of our Mishnah] holds that even though the idolater is suspected of being a murderer and it is prohibited for a Jew to be alone with him, sometimes it happens that a Jew resides with an idolater and the Rabbis state that an Eruv has no effect in the place of an idolater and the nullification of one’s domain has no effect in in the place of an idolater until he leases, for the idolater will not lease because he is suspected of witchcraft and because of this, a Jew will not come to dwell with an idolater and will not learn from his actions. But Rabbi Eliezer ben Yaakov holds that since the idolater is suspected of being a murderer, there are two [things] that are found present in residing that the Rabbis decreed concerning them: One – that it is not frequent a resident is forbidden to be alone with him, the Rabbis did not make a decree. And the Halakha is according to Rabbi Eliezer ben Yaakov and we rent from the idolater, even for less than a penny/Perutah, and even on Shabbat and even though the idolater does not resign his possession until a Jew will rent from him, he can resign his possession and even on Shabbat, for he would say to his fellow, that since my domain was not included in the Eruv, my possession is resigned to you (for Sabbath purposes – see Talmud Eruvin 69b), and he would be prohibited from carrying in the courtyard while his fellow (i.e., the idolater) is permitted, and if they wish after his fellow had completed carrying what he needed for himself, his fellow could go back and annul his possession and he would be permitted while his fellow would be prohibited.
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English Explanation of Mishnah Eruvin
Rabbi Eliezer ben Yaakov says: one can never restrict another [from making use of the eruv] unless there are two Jews who restrict each other. According to Rabbi Eliezer ben Yaakov, a non-Jew’s residence in the courtyard or alley does not affect the eruv for the other Jews. Indeed, his residency doesn’t in essence count. Only a non-participatory Jew can cause another Jew’s eruv to be ineffective. If one of the Jewish residents does not participate in the eruv with the other residents, the eruv is ineffective for all of them.
