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Steinsaltz

Following Shmuel’s death, Rav Anan came and threw the side post down, thus indicating to Ivut bar Ihi that it is prohibited to carry in the alleyway, as a side post is effective only for an alleyway that has at least two courtyards containing at least two houses each. Ivut bar Ihi said with resentment: The alleyway in which I have been living and walking based on a ruling in the name of Master Shmuel, shall Rav Anan bar Rav come now and throw its side post away from me? The Gemara comments: Learn from the fact that this side post remained intact throughout Shmuel’s lifetime that he did not accept Rabbi Elazar’s objection.

The Gemara rejects this proof. Actually, you can say that Shmuel accepted Rabbi Elazar’s objection and retracted his opinion, and here there was a synagogue attendant [ḥazzana] who would eat bread in his own house that was located elsewhere, but would come and sleep in the synagogue, which was open to the alleyway.

And Ivut bar Ihi holds that the place where a person eats his bread determines his place of residence. Therefore, he did not consider the synagogue a residence, as the attendant would eat elsewhere, and Ivut bar Ihi thought that Shmuel had permitted him to set up a side post for his alleyway even though he lived there by himself. In fact, however, this was not the case, as Shmuel followed his regular line of reasoning, as he said: The place where a person sleeps determines his place of residence. Since the attendant would sleep in the synagogue, it was considered a residence. Consequently, the alleyway contained two houses and courtyards, and could be made permitted for carrying by means of a side post or a cross beam.

Rav Yehuda said that Rav said: With regard to an alleyway, one side of which was occupied by a gentile and one side of which was occupied by a Jew, and the house of the Jew was connected to the houses of other Jews via windows but not via doors, and those other houses open directly into the public domain, the residents of the houses on the side of the alleyway where the Jews live may not establish an eiruv through the windows in order to render it permitted for the residents of the other houses to carry through the doors of the house leading to the alleyway.

Abaye said to Rav Yosef: Did Rav say this even with regard to a courtyard, one side of which was occupied by a gentile and the other side of which was occupied by a Jew whose house was connected through windows to the houses of other Jews? He said to him: Yes, as even if he did not say so, what would be the difference? It is the exact same principle.

Abaye responded: I would have said that the rationale for the opinion of Rav is because he holds that an alleyway cannot be rendered permitted for carrying within it with a side post and a cross beam unless there are houses and courtyards opening into it.

Rav Yosef said: If that were the reason, why would I need two rulings regarding the same issue? Rav already stated that an alleyway can be rendered permitted for carrying within it only if it has houses and courtyards opening into it. Abaye explained that both rulings are necessary. As, if Rav had taught this halakha only from that general ruling,

Talmud - Bavli - The William Davidson digital edition of the Koren No=C3=A9 Talmud
with commentary by Rabbi Adin Steinsaltz Even-Israel (CC-BY-NC 4.0)
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