Se alguém sai de sua casa e vai passar o Shabbath em uma cidade diferente, seja gentia ou judia, ele proíbe [porque uma habitação sem habitantes é (ainda) chamada de habitação.] Essas são as palavras de R. Meir. R. Yehudah diz: Ele não proíbe. R. Yossi diz: Um gentio proíbe; um judeu não proíbe. Pois não é provável que um judeu retorne no Shabbath. [Ele também sustenta que isso não é chamado de moradia; mesmo assim, um gentio proíbe, porque ele pode voltar no Shabbath. A halachá está de acordo com R. Yossi.] R. Shimon diz: Mesmo que ele saísse de casa e fosse morar com sua filha naquela cidade, ele não o proíbe, pois o coloca (voltando para casa para o Shabat) fora de casa. a mente dele. [Especificamente, "sua filha", porque alguém "faz as pazes" ao ficar com seu genro. Mas não se esquece sua casa em ficar com seu filho. Pois existe a possibilidade de ele discutir com a nora e ir embora. A halachá está de acordo com R. Shimon.]
Bartenura on Mishnah Eruvin
הרי זה אוסר – that a dwelling without owners is called a dwelling.
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English Explanation of Mishnah Eruvin
Introduction
This mishnah deals with a resident of a courtyard who does not spend Shabbat in his own home. The question is, if he doesn’t participate in the eruv, does he render it ineffective for the other residents?
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Bartenura on Mishnah Eruvin
אינו אוסר – because it is not called a dwelling.
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English Explanation of Mishnah Eruvin
One who leaves his house and goes to spend Shabbat in another town, whether he was a Gentile or an Israelite, he prohibits [the other residents from using the eruv], the words of Rabbi Meir. According to Rabbi Meir, although the person is not present, the very fact that he owns a home in the courtyard and that home does not participate in the eruv, means that the entire eruv is ineffective.
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Bartenura on Mishnah Eruvin
ר' יוסי – [Rabbi Yossi] holds that it is not called a dwelling, however, a heathen prohibits, lest he return/come home on the Sabbath. And the Halakha is according to Rabbi Yossi.
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English Explanation of Mishnah Eruvin
Rabbi Judah says: he does not prohibit. Rabbi Judah diametrically opposes Rabbi Meir. He holds that when a person is not present in his home, his lack of participation does not prohibit others from using the eruv. When he is not there he is not considered one of the owner’s of the courtyard and therefore he need not participate.
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Bartenura on Mishnah Eruvin
אצל בתו – especially his daughter, for a person acts [in such a way] that he lives with his father-in-law, but one’s son, a person does not dismiss from mind his [own] house (i.e., to go back home) to dwell with his son, for perhaps his daughter-in-law will quarrel with him and he will leave. But the Halakha is according to Rabbi Shimon.
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English Explanation of Mishnah Eruvin
Rabbi Yose says: a Gentile prohibits but an Israelite does not prohibit because it is not usual for an Israelite to return on Shabbat. Rabbi Yose agrees with Rabbi Judah that if he doesn’t dwell in the courtyard he doesn’t count as one of the courtyard’s residents, at least as long as he’s not there. However, since a Gentile may return on Shabbat, he does render the eruv ineffective. In contrast, a Jew will not be likely to return on Shabbat and hence does not render the eruv ineffective.
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English Explanation of Mishnah Eruvin
Rabbi Shimon says: even if he left his house and went to spend Shabbat with his daughter in the same town he does not prohibit, since he turned his attention away. Rabbi Yose implied that if the Jew was likely to return on Shabbat, his lack of participation might indeed render the eruv ineffective. Rabbi Shimon goes a step further. Even if the Jew is spending Shabbat in a nearby courtyard within the same town, and therefore might return, the fact that he is not actually there means that he doesn’t render the eruv ineffective. Since he turned his attention away from his own courtyard and decided to spend Shabbat elsewhere, we don’t treat his courtyard as if he is actually there.
