Commentary for Eruvin 8:4

הנותן עירובו – the joining of courtyards.

Introduction This mishnah discusses the status of certain structures within a courtyard. As we shall learn, only places that are considered to be “dwelling places” are considered in dealing with various laws of eruvin.

בבית השער – a place adjacent to the gate of the courtyard and they customarily place there a guard so that people from the public domain should not enter into the courtyard.

If one put his eruv in a gate-house, a portico or a gallery it is not a valid eruv; And one who dwells in it does not prohibit [others from carrying if he doesn’t participate in the eruv]. The gate-house is a hut in the courtyard in which the guard sits. The “portico” is an open but covered area in front of the house. Pillars hold the roof up. The gallery was explained in yesterday’s mishnah. Since these are not dwelling places, one cannot put the eruv (the meal) in them. The eruv must be put in a place that is considered to be a place of dwelling. Furthermore, since these are not normal dwelling places if a person does dwell there and does not participate in the eruv, he doesn’t prohibit the other people of the courtyard from using the eruv, as would a resident in a normal dwelling place who did not participate in the eruv.

והדר שם – [the person who lives there] in the gate house that is in the courtyard, does not prohibit upon an owner in the courtyard and he doesn’t have to place bread [there], for it is not a living space.

[If one put his eruv] in a straw-shed, a cattle-shed, a wood-shed or storehouse it is a valid eruv; And one who dwells in it prohibits [others from carrying if he doesn’t participate in the eruv]. Rabbi Judah says: if the householder has there any ownership the resident does not prohibit. In contrast, the straw-shed, cattle-shed, wood-shed and storehouse are considered to be dwelling places and therefore an eruv which is put there is valid. Since these are considered living places, if someone who dwells there does not participate in the eruv, he renders the eruv ineffective and prohibits the other residents of the courtyard from carrying there. Rabbi Judah refines the previous halakhah and says that if the householder owns rights to one of the sheds, the fact that the person who dwells there doesn’t participate in the eruv does not render it invalid. Even if the homeowner only has the right to use the shed, without actually owning the shed at all, the shed-dweller’s ownership is not considered complete. Only if the person who dwells in the shed fully owns it and the homeowner has no rights to it, then the shed-dweller renders the eruv ineffective if he doesn’t participate.

והדר שם אוסר עליו (a person who lives [in a shed for straw, cattle, wood or storage] who does not share in the Eruv -does prohibit him [from carrying in the courtyard]) – if the houseowner lent out his straw shed to dwell there, he prohibits him [from carrying] – since it is open to the courtyard.

אם יש שם תפיסת יד של בעל הבית (right of storage) – that the house owner has a place in the dwelling in this (i.e., right of storage in, for example, the shed for straw), that he places there his utensils to hide them, it doesn’t forbid him [from carrying objects in the courtyard] , and especially when there aren’t other dwellers there, but if there are other dwellers there, it forbids him; you can also deduce it as it is taught [in the Mishnah] that it does not prohibit him [if he lives in the gatehouse, portico or gallery] – upon him it does not prohibit, but not upon other dwellers it does prohibit, and even though the owner of the house made an Eruv with them. But if these utensils that the owner of the house places there are things that are taken on Shabbat, this is not the right of storage and it prohibits him (i.e., the tenant), but if he wishes, he can take them and cast them outside. And the Halakha is according to Rabbi Yehuda.