Comment se fait le partenariat dans un mavui? Il pose la cruche (de nourriture), [la sienne, s'il le souhaite, auquel cas il doit la leur attribuer (car si elle appartient aux autres, aucune affectation n'est nécessaire)], et il dit: "C'est pour tous les habitants du mavui. " Et il les leur attribue par l'intermédiaire de son fils ou de sa fille adulte ou par l'intermédiaire de son esclave ou esclave hébreu, ou par l'intermédiaire de sa femme. [Il leur dit: "Recevez cette cruche et acquérez-la au nom de tout le peuple du mavui." Et le récepteur lève l'érouv dans sa main à une largeur de main du sol, tant qu'il est dans son domaine (du propriétaire), aucune acquisition (pour les autres) n'est effectuée, et il dit: «Je l'ai acquis pour eux. "]; mais il ne l'attribue pas par l'intermédiaire de son esclave ou esclave cananéen, car leur main est comme sa main (celle du maître) [et l'affectation (à d'autres) n'est pas effectuée par là].
Bartenura on Mishnah Eruvin
מניח את החבית – [he sets down the jar] of his own [food, wine, etc.] if he wishes, and then needs to grant possession/entitles, for whereas it if is theirs, he doesn’t need to grant possession/entitle [to them].
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English Explanation of Mishnah Eruvin
Introduction
Our mishnah discusses how one sets up an “alley partnership”, which in Hebrew is called a “shittuf mavoi”. This type of eruv (common meal) allows people from different courtyards to carry within the alley which leads from the courtyards out to the public domain. There are a few differences between courtyard eruvin and alley partnerships. A courtyard eruv must consist of bread, whereas any food will suffice for an alley partnership. Secondly, all members of the courtyard must participate in the eruv, whereas one person who lives off the alley can confer ownership of some food to all who live in the alley and thereby render it effective as a commonly owned meal without the financial contribution of others.
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Bartenura on Mishnah Eruvin
ומזכה להם ע"י בנו ובתן – he says to them: “Accept this jar and take possession of it in the name of all the members of the alleyway.” And the person who takes possession lifts up the Eruv with his hand a handbreadth from the ground, for wherever that he places it in his domain, there would be no taking of possession.
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English Explanation of Mishnah Eruvin
How does one make an “alley partnership”? One [of the residents] places a jar and declares, “Behold, this belongs to all the residents of the alley”, and he confers possession upon [the other residents] through his adult son or daughter, through his Hebrew servant or maidservant or through his wife. But he may not confer possession through his minor son or daughter or through his Canaanite slave or female slave, because their hand is as his hand.How does one make an “alley partnership”? One [of the residents] places a jar and declares, “Behold, this belongs to all the residents of the alley”, and he confers possession upon [the other residents] through his adult son or daughter, through his Hebrew servant or maidservant or through his wife. But he may not confer possession through his minor son or daughter or through his Canaanite slave or female slave, because their hand is as his hand. The mishnah describes two stages ways in setting up an alley partnership. The first stage is to take a jar of any type of food and to declare that he confers joint ownership of the food on all of the residents of the alley. The announcement serves to let everyone know what he is doing so that they will know that they can carry in the alley. He then takes this jar of food and gives it to another person who will accept it on behalf of all of the residents of the alley. However, in order for this transfer to be valid the other person must be independent of the giver. A man’s adult children, wife and Hebrew servants are all independent of him and therefore he may transfer through them ownership of the food to the other people in the alley. This is true even if he provides food and shelter for these people. The mishnah need not state that he could confer ownership through other people to whom he is not related. However, he may not transfer ownership through his non-Jewish (called Canaanite) slaves since he owns them. When he gives them something it does not leave his possession since they too are in his possession.
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Bartenura on Mishnah Eruvin
שידן כידו – this is not taking of possession [since the minor child or the Canaanite slave or maidservant are considered as property of the parent/master].
