Si l'un des hommes d'une cour a oublié de faire un érouv, il est interdit à lui et à eux de faire entrer et de mener de sa maison [à la cour, comme dans un cas où il leur a cédé ses droits avec eux dans le cour, mais pas sa maison, ce tanna soutenant que ce qui est cédé est cédé, et ce qui n'est pas cédé n'est pas cédé. Par conséquent, sa maison est son domaine, et la cour, la leur.], Et la leur est permise à lui et à eux. [Lui et eux sont autorisés à passer de leurs maisons à la cour. Car leurs maisons et la cour sont un seul domaine, et même s'il n'a pas fait d'érouv, il est comme un invité pour eux, un invité étant autorisé à transporter dans son auberge.] S'ils lui ont donné leurs droits [dans la cour] , il est autorisé [à transporter de sa maison à la cour, le tout étant considéré comme son domaine], et il leur est interdit [de porter même de sa maison à la cour, et ils ne sont pas considérés comme ses hôtes. Car l'un vis-à-vis de plusieurs est considéré comme un invité, mais pas beaucoup vis-à-vis d'un seul.] S'il y en avait deux [qui n'ont pas fait d'érouv, et les autres hommes de la cour leur ont cédé leurs droits], ils [les deux] s'interdisent (la cour) l'un à l'autre, [car la cour appartient aux deux et les maisons sont distinctes, chacune à son propriétaire, et on ne peut porter d'un domaine qui est distinctement le sien à celui qui est le sien et celle de son voisin. Et même si l'un d'eux a cédé par la suite ses droits (dans la cour) à l'autre, cela ne sert à rien. Car à l'époque les hommes de la cour cédèrent leurs droits à ces deux qui n'avaient pas fait d'érouv, ils se l'interdirent, de sorte que la première cession ne fut d'aucune utilité. Par conséquent, lorsque l'un d'eux cède ses droits, il ne peut céder les leurs, car il ne les a jamais acquis. Par conséquent, les hommes d'une cour, dont certains ont fait un érouv et certains n'ont pas—ceux qui ne l'ont pas fait peuvent céder leurs droits à ceux qui l'ont fait, mais ceux qui l'ont fait ne peuvent céder les leurs à ceux qui ne l'ont pas fait, ces derniers s'interdisant mutuellement, comme indiqué. Et si l'on cède ses droits aux hommes d'une cour, il doit préciser qu'il les cède à chacun d'eux.]
Bartenura on Mishnah Eruvin
ביתו אסור להכניס ולהוציא – from his house to the courtyard whether he or the people of the courtyard. And like the case where he resigned possession of his courtyard (i.e., a legal fiction by which the carrying of objects on the Sabbath from one’s own place to one common to several persons, may be permitted), meaning to say the part that he shares with them in the courtyard, but he did not resign possession of his house for this Tanna/teacher holds what he resigns is resigned and what he did not resign, he did not resign, therefore, his house is his domain and the courtyard is their domain.
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English Explanation of Mishnah Eruvin
Introduction
In the previous mishnayot we discussed a resident of a courtyard or alley who intentionally did not participate in the eruv with the other residents. In our mishnah the rabbis discuss a person who forgot to join in the eruv with the others.
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Bartenura on Mishnah Eruvin
ושלהם – their homes it is permitted to remove from them to the courtyard, whether he or them for their homes and the courtyard are one domain and even though he did not make an Eruv, he is a guest regarding them for a guest can carry in the domain of his hospitality lodging.
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English Explanation of Mishnah Eruvin
If one of the residents of a courtyard forgot to join in the eruv, his house is forbidden both to him and to them for the taking in or for the taking out of any object. The Talmud explains that this resident nullified his partial ownership in the courtyard and alley. Hence, the other people can carry in those areas. However, neither he nor they can carry in and out of his house. They cannot carry in and out of his house because although he nullified his partial ownership in the courtyard and alley, he did not nullify ownership over his own house. He too cannot carry in and out of his house because the courtyard is owned exclusively by them and his house is owned exclusively by him.
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Bartenura on Mishnah Eruvin
נתנו לו – they [gave him] the domain of their courtyard, he is permitted to remove [something] from his house to the courtyard, for everything is like his domain, but they are prohibited even to carry from his house to the courtyard for they are not guests relating to him, for one in connection with many is considered a guest, but the many in connection with the individual are not considered guests.
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English Explanation of Mishnah Eruvin
But their houses are permitted both to him and to them. They obviously can carry from the courtyard to their own homes, because they all participated in the eruv. However, even he can carry from the courtyard to their homes because he is a guest in both their courtyard and their home. A guest in someone else’s home follows the same rules as does the homeowner himself if the homeowner carries from the courtyard into the home, so too does the guest.
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Bartenura on Mishnah Eruvin
היו שנים – [two] who did not make an Eruv and the rest of the members of the courtyard resigned possession to them, both of them are forbidden to each other because the courtyard belongs to both of them but the homes are specific – each home to its specific owner and one cannot take out from a domain that is specifically his to that domain which is (both) his and that of his fellow. But even though one of them retracted and resigned possession to his neighbor, it is of no effect, since at the time that the members of the courtyard resigned their possession to these two [individuals] who had not made an Eruv, they prohibit each other, it is found that the first resigning had no effect, and when he resigned possession once again, he was not able to acquire his own possession. Therefore, the members of a courtyard, someone of whom had made an Eruv and some of whom had not made an Eruv, those who had not made an Eruv had resigned their possession to those who had made an Eruv but those who had made an Eruv did not resign their possession to those who had not made an Eruv and they restrict each other, as it was stated, that a person who resigned his possession to the members of the courtyard must explicitly resign their ownership to each one individually.
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English Explanation of Mishnah Eruvin
If they gave their part [of the courtyard] to him, he is permitted but they are forbidden. If the other residents who did set up the eruv give him their share of the courtyard, he may carry from his own home into the courtyard, because he owns both the courtyard and his home. However, they may not carry from their homes into the courtyard because they are owned by different people. They are not considered to be his guests in his courtyard because many people cannot be considered the guests of one individual.
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English Explanation of Mishnah Eruvin
If there were two [who forgot to join in the eruv], they restrict each other, because one may give his part and also acquire the part [of others] but two may give their parts but may not acquire the parts [of others]. In this case there were two people who forgot to participate in the eruv. There is no way for them to carry in the courtyard. Even if the other residents were to give them their share in the courtyard, they can’t carry there. In such a case both would own the courtyard but neither set up an eruv, so neither can carry. The Talmud explains that even if one of these now gives his partial ownership of the courtyard to the other, the other still can’t carry there. When the others nullified their ownership, this nullification didn’t work to allow both of the others to carry there. We therefore say that the courtyard is still owned by the others and therefore the individual cannot nullify his ownership over a courtyard which he doesn’t fully own. The mishnah summarizes these rules: one person can annul his ownership and take ownership from others (sections one-three). Two people can nullify their ownership over the courtyard, but not take ownership from the others (section four).
