DAAT · LEVEL 3 — MAGISTERIAL SYNTHESIS
Siman שס״ז
סימן שס״ז · אם אשה יכולה לערב
Recap & mnemonics for review
📑 Synthesis plan
- The central axiom of the siman
- The key concepts, condensed
- Who may make the eruv for him — in the order of the seif
- Decision tree — the wife and her husband's eruv
- The Mechaber and the Alter Rebbe — what Level 4 shows
- Mnemonic מרא
- Pitfalls to avoid
- Practical cases
- Final synthesis table
- The practical commandments
1. The central axiom
Siman שס״ז in one sentence.
A resident of the courtyard can, under certain conditions, be included in the eruv without making it himself — by his wife, by the members of his household, by the residents of the courtyard or by the beis din. According to the first opinion of seif א, the din turns on questions such as these: does he forbid the courtyard to the others (כשאוסר עליהם), is he accustomed to make the eruv with them (רגיל לערב עמהם), and has he explicitly protested (מיחה בה בפירוש)? The Mechaber then brings a second opinion (וי״א), more restrictive on the wife's power.
A resident of the courtyard can, under certain conditions, be included in the eruv without making it himself — by his wife, by the members of his household, by the residents of the courtyard or by the beis din. According to the first opinion of seif א, the din turns on questions such as these: does he forbid the courtyard to the others (כשאוסר עליהם), is he accustomed to make the eruv with them (רגיל לערב עמהם), and has he explicitly protested (מיחה בה בפירוש)? The Mechaber then brings a second opinion (וי״א), more restrictive on the wife's power.
2. The condensed key concepts
| Concept | Definition | In the seif |
|---|---|---|
| שלא מדעתו | In the clauses about the wife: without his consent, even if he protests: « אפי׳ אם מיחה בה » (שו״ע או״ח שס״ז:א); the Mishnah Berurah on the opening words of the seif: « והקילו אפילו כשמיחה בה » (משנה ברורה שס״ז ס״ק א) (and, for שלא לדעתו of the habitual participant, ס״ק ה). In the clause about the residents of the courtyard, « שלא מדעת אחד מבני הבית » (שו״ע או״ח שס״ז:א), the Mishnah Berurah reads “without the knowledge” (ס״ק י״ב) | Where he forbids the courtyard, or if he is accustomed (seif א, first opinion) |
| רגיל לערב עמהם | The established custom of making the eruv with them; the reason according to the Mishnah Berurah: « משום דרכי שלום » (משנה ברורה שס״ז ס״ק ה) | In the courtyard he does not regularly use, this is what allows the wife to make the eruv without his consent (seif א, first opinion) |
| אוסר עליהם | He “forbids” the courtyard to the others if he is not in the eruv: « החצר אם לא יערב עמהם » (משנה ברורה שס״ז ס״ק ג) | The wife then makes the eruv for him, even against his protest (seif א, first opinion) |
| שלא בידיעתו | Without his knowledge: « פי׳ שאין הבעל יודע מזה » (משנה ברורה שס״ז ס״ק ח) | With neither, as long as he has not explicitly protested; and, according to the second opinion, the limit of the wife's power (seif א) |
| לזכות משלו לאחרים | Conferring on others a share of what is his | The wife may not do so without his knowledge (seif א); from her own food she may (Mishnah Berurah, ס״ק ז) |
| בני הבית | The members of his household | The seif brings them in when husband and wife are not in town, on the seif's conditions (seif א); not if they know he does not want it, even without an explicit protest (Mishnah Berurah, ס״ק ט) |
| בני החצר | The other residents of the courtyard | According to the first opinion, they do not take his bread without any member of his household knowing; if one of them knows, it is permitted as long as they have not heard the master of the house refuse (seif א; so the Mishnah Berurah reads it, ס״ק י״ב) |
| בית דין יורדים לנכסיו | The beis din takes from his property: « ועושין שיתוף » (משנה ברורה שס״ז ס״ק י״ז) | For one who is not accustomed and refuses (seif א), so that he not forbid the courtyard to them; according to all (Mishnah Berurah, ס״ק ט״ז) |
| עירוב בעל כרחו | An eruv that holds against his will: « ר״ל שאינו יכול לחזור ולבטל עירובו » (משנה ברורה שס״ז ס״ק כ) | The Rema's gloss, for one who is accustomed and withdraws (seif א) |
3. Who may make the eruv for him — in the order of the seif
The wife → she makes the eruv for him, from what is his (Mishnah Berurah, ס״ק ב): without his consent where he forbids the courtyard or if he is accustomed; otherwise without his knowledge, as long as he has not explicitly protested (seif א, first opinion). She does not confer on others what is his without his knowledge.
↓
The members of the household → the seif deals with them « ואם אין הבעל והאשה בעיר » (שו״ע או״ח שס״ז:א): without his knowledge if the house opens onto one courtyard only; onto two, if he is accustomed to make the eruv with one of them; not if they know he does not want it, even without an explicit protest (Mishnah Berurah, ס״ק ט).
↓
The residents of the courtyard → according to the first opinion, they do not take his bread without any member of his household knowing — if one of them knows, it is permitted as long as they have not heard the master of the house refuse (Mishnah Berurah, ס״ק י״ב) —, « אפילו רגיל עמהם ואוסר עליהם » (שו״ע או״ח שס״ז:א). After the second opinion, the seif writes that if the accustomed resident refuses, they enter and take from him against his will — the Mishnah Berurah specifies that this is when, by refusing, he forbids the courtyard to them, and adds his wife (ס״ק ט״ו); according to the first opinion, not without his wife's consent (Mishnah Berurah, ס״ק כ).
↓
The beis din → for one who does not have this custom: « כופין אותו בב״ד לערב עמהם או בית דין יורדים לנכסיו » (שו״ע או״ח שס״ז:א); the Mishnah Berurah explains it, « ב״ד היו כופין אותו שיערב עמהן כדי שלא יאסור עליהן » (משנה ברורה שס״ז ס״ק ט״ז), and writes that this holds according to all.
4. Decision tree — the wife and her husband's eruv
Q1: Does he forbid the courtyard to the others (for example, a house opening onto this courtyard only, or, with two courtyards, the one he regularly uses)?
↓ YES → she makes the eruv for him even without his consent, even if he protested (seif א, first opinion); NO ↓
Q2: Is he accustomed to make the eruv with them?
↓ YES → likewise, without his consent (seif א, first opinion; Mishnah Berurah, ס״ק ה); NO ↓
Q3: Has he explicitly protested?
↓ NO → she makes the eruv without his knowledge, « דמסתמא ניחא ליה » (שו״ע או״ח שס״ז:א); YES → she does not
Second opinion (וי״א) → « דאין אשתו מערבת אלא שלא בידיעתו אבל אם אומר שאינו רוצה לערב עמהם לא » (שו״ע או״ח שס״ז:א).
→ Two opinions in the seif, and the layout of the houses and courtyards decides: consult your Rav.
5. The Mechaber and the Alter Rebbe — what Level 4 shows
The Shulchan Aruch HaRav of the Alter Rebbe also has a single seif for this siman. Level 4 gives its full text and the comparison; here are some points where his text carries what the Mechaber's seif and the Rema's gloss do not.
| Point | Mechaber and Rema (seif א) | Shulchan Aruch HaRav (367:1) |
|---|---|---|
| What the wife may give to others | « אבל אינה יכולה לזכות משלו לאחרים שלא בידיעתו » (שו״ע או״ח שס״ז:א); nothing here about what is hers | The same restriction, which he extends: « אֲפִלּוּ לִבְנֵי חָצֵר שֶׁאוֹסֵר עֲלֵיהֶם וְרָגִיל לְעָרֵב עִמָּהֶם » (שו״ע הרב שס״ז:א); then « יְכוֹלָה הִיא לְזַכּוֹת לָהֶם מִמְּזוֹנוֹתֶיהָ, שֶׁהוּא שֶׁלָּהּ » (שו״ע הרב שס״ז:א). The Magen Avraham had proposed it: « ונ״ל דממזונותיה רשאה לזכות » (מגן אברהם שס״ז ס״ק א); and the Mishnah Berurah reads the Mechaber in the same words: « היינו אפילו לבני חצר שאוסר עליהם ורגיל לערב עמהם » (משנה ברורה שס״ז ס״ק ו) |
| One who goes back on his eruv | The Rema's gloss names the custom: « אבל אם רגיל לערב הוי עירוב בעל כרחו » (רמ״א או״ח שס״ז:א) | « אֵין חֲזָרָתוֹ כְּלוּם, וְעֵרוּבוֹ עֵרוּב בְּעַל כָּרְחוֹ אִם אוֹסֵר עֲלֵיהֶם אוֹ שֶׁרָגִיל לְעָרֵב עִמָּהֶם » (שו״ע הרב שס״ז:א); otherwise, for one who made the eruv occasionally, « הֲרֵי נִתְבַּטֵּל עֵרוּבוֹ » (שו״ע הרב שס״ז:א). The Rav also writes « וְעֵרוּבוֹ קַיָּם » (שו״ע הרב שס״ז:א): this is not a difference, the Mishnah Berurah (ס״ק י״ט) reads the Rema as dealing with the same case |
6. Mnemonic מרא
Three terms of the first opinion, in the order in which the seif introduces them, form מרא:
מ — מיחה בה: the husband's protest does not stop the wife where he forbids the courtyard (seif א) or is accustomed to make the eruv with them (Mishnah Berurah, ס״ק ה); where he neither forbids nor is accustomed, an explicit protest stops her (seif א).
ר — רגיל לערב עמהם: the custom of making the eruv with them suffices, in the courtyard he does not regularly use (seif א).
א — אוסר עליהם: if he forbids the courtyard to the others, the wife makes the eruv for him even without his consent (seif א).
And for halacha lemaaseh: the מרא דאתרא, the local Rav.
7. Pitfalls to avoid
Pitfall 1: Giving שלא מדעתו one and the same sense throughout the seif. In the clauses about the wife, it holds even when he protests (seif א; Mishnah Berurah, ס״ק א, and ס״ק ה for שלא לדעתו), and שלא בידיעתו means the husband does not know (ס״ק ח); where he neither forbids the courtyard nor is accustomed, the wife makes the eruv without his knowledge, as long as he has not explicitly protested (seif א). But in the clause about the residents of the courtyard, « שלא מדעת אחד מבני הבית » (שו״ע או״ח שס״ז:א), the Mishnah Berurah reads “without the knowledge” (ס״ק י״ב); and in the Tur, where the seif writes שלא בידיעתו, the Beis Yosef reads שלא מדעתו as “without his knowledge” (see Level 1, section 3).
Pitfall 2: Thinking that the wife may give the neighbours what belongs to her husband: « אינה יכולה לזכות משלו לאחרים שלא בידיעתו » (שו״ע או״ח שס״ז:א). From her own food she may (Mishnah Berurah, ס״ק ז; Shulchan Aruch HaRav 367:1).
Pitfall 3: Giving the members of the household the power the seif gives the wife. She makes the eruv for him even if he protested, where he forbids the courtyard (seif א, first opinion); them, the seif brings in when husband and wife are not in town, without his knowledge, for a house opening onto one courtyard only, or, with two courtyards, if he is accustomed to make the eruv with one of them (seif א); and not if they know he does not want it, even without an explicit protest (Mishnah Berurah, ס״ק ט).
Pitfall 4: Treating the two opinions as equal, or deciding without the Biur Halachah. The seif brings the first opinion, then « וי״א דאין אשתו מערבת אלא שלא בידיעתו » (שו״ע או״ח שס״ז:א); the Biur Halachah infers that the Mechaber holds the first to be primary: « הוא דעת הרמב״ם והמחבר הביאה רק בשם יש אומרים משמע דס״ל לעיקר כדעה קמייתא » (ביאור הלכה שס״ז). Yet he considers being strict according to the second for one who is not accustomed, « אפשר שיש להחמיר כשיטה זו שלא לערב בע״כ של בעה״ב אפילו מדעת אשתו היכי שאינו רגיל להשתתף עמהם » (ביאור הלכה שס״ז), then reports the contrary view and leaves the question open: « מיהו בא״ר ראיתי שכתב שכדעה קמא יש לפסוק לקולא וצ״ע » (ביאור הלכה שס״ז). For one who is accustomed and forbids the courtyard, he concludes: « היוצא מכל זה דמדינא מסתברא דהיכי שרגיל ואוסר בני החצר נוטלין אפילו בע״כ ולא בעינן דעת אשתו כלל » (ביאור הלכה שס״ז) (see Level 2, section 8). This synthesis does not decide: consult your Rav.
Pitfall 5: Reading the taking by force as a general power of the residents of the courtyard. According to the first opinion, the seif does not allow them to take his bread without any member of the household knowing — if one of them knows, it is permitted as long as they have not heard the master of the house refuse (Mishnah Berurah, ס״ק י״ב) —, even if he is accustomed and forbids the courtyard: « אין יכולים ליקח פתו מביתו לערב שלא מדעת אחד מבני הבית » (שו״ע או״ח שס״ז:א). After the second opinion, the seif writes that the accustomed resident who refuses is taken from by force — the Mishnah Berurah specifies that this is when, by refusing, he forbids the courtyard to them, and adds his wife (ס״ק ט״ו); it notes (ס״ק כ) that according to the first opinion, without his wife's consent, the residents do not take from him against his will; the Biur Halachah concludes otherwise for one who is accustomed and forbids the courtyard (Pitfall 4). On bread taken without his knowledge, the Mishnah Berurah (ס״ק י״ב) refers to the Biur Halachah, which reports other opinions: see Level 2.
Pitfall 6: Reading the Rema's gloss as if any withdrawal undid the eruv. It concerns « מי שאינו רגיל לערב ועירב עם בני חצר וחזר מעירובו » (רמ״א או״ח שס״ז:א); if he is accustomed, the eruv holds against his will. The Shulchan Aruch HaRav also names one who forbids the courtyard (367:1, see section 5).
8. Practical cases
These situations are applications by the site: the seif does not name them; each is tied to the part of the seif it involves.
| Situation | Analysis | Conduct |
|---|---|---|
| The husband, at home, has not given his share of the eruv; his wife wants to give it for him | Application by the site, seif א: this is the wife's case | First opinion: she makes the eruv for him even without his consent and even if he protested, where he forbids the courtyard or if he is accustomed; otherwise, without his knowledge as long as he has not explicitly protested; second opinion: only without his knowledge, and not if he said he did not want it — but if he is accustomed to make the eruv with them and refuses, the seif writes that they take from him against his will, and the Mishnah Berurah adds his wife, when, by refusing, he forbids the courtyard to them (ס״ק ט״ו). Consult your Rav |
| The wife wants to give a neighbour a share in her husband's name | Application by the site, seif א: she does not confer on others what is his without his knowledge | Not from what is his; from her own food she may (Mishnah Berurah, ס״ק ז; Shulchan Aruch HaRav 367:1) |
| Husband and wife are out of town for Shabbos; other members of the household have stayed at home | Application by the site, seif א, when husband and wife are out of town: the household | House opening onto one courtyard only: they may make the eruv without his knowledge; onto two, only if he is accustomed to make the eruv with one of them; not if they know he does not want it, even without an explicit protest (Mishnah Berurah, ס״ק ט) |
| A neighbour who joins the eruv every year refuses this time | Application by the site, seif א: « בני חצר נכנסים לתוך ביתו ונוטלים ממנו בע״כ » (שו״ע או״ח שס״ז:א), written after the second opinion, when, by refusing, he forbids the courtyard to them (Mishnah Berurah, ס״ק ט״ו) | The seif brings two opinions, and this synthesis does not decide: according to the first opinion, not without his wife's consent (Mishnah Berurah, ס״ק כ); after the second opinion, the seif writes that they take from him against his will; the Biur Halachah concludes that by strict law it stands to reason (מדינא מסתברא) that for one who is accustomed and forbids the courtyard his wife's consent is not required (Level 2, section 8). If he was not accustomed, it is the beis din that acts, so that he not forbid the courtyard to them, and this according to all (Mishnah Berurah, ס״ק ט״ז). Consult your Rav |
| A resident who once joined the eruv declares he is withdrawing | Application by the site, seif א, the Rema's gloss | If he is not accustomed, his eruv is undone (Mishnah Berurah, ס״ק י״ט) and he must confer again to rejoin; if he is accustomed, the eruv holds against his will; the Shulchan Aruch HaRav (367:1) also treats the withdrawal as without effect if he forbids the courtyard (see section 5) |
9. Final synthesis table
| Element | Detail |
|---|---|
| Subject of the siman | Whether a wife may make the eruv for her husband, and who else may make it for a resident |
| Place | Hilchos Eruvin, after siman 366, which governs the eruv of a courtyard shared by many households |
| Number of seifim | 1 (Mechaber, with one gloss of the Rema) — 1 also in the Shulchan Aruch HaRav |
| Mishnah Berurah | 20 ס״ק |
| Talmudic source | Eruvin 80a-b, studied at Level 2 |
| Golden rule | Forbidding the courtyard and the custom of making the eruv with them decide; with neither, the wife makes the eruv without his knowledge, as long as he has not explicitly protested (seif א, first opinion) |
| Practical decision | The seif brings two opinions on the wife's power; the Biur Halachah reads the Mechaber as holding the first to be primary, leaves open whether to be strict according to the second for one who is not accustomed, and concludes that by strict law it stands to reason (מדינא מסתברא) that for one who is accustomed and forbids the courtyard his wife's consent is not required (Level 2, section 8): consult your Rav |
10. The practical commandments of Siman שס״ז
For daily conduct
- Where the husband forbids the courtyard — for example, a house opening onto this courtyard only, or, with two courtyards, the one he regularly uses — his wife makes the eruv for him, even without his consent (seif א, first opinion).
- In the courtyard he does not regularly use: without his consent, only if he is accustomed to make the eruv with its residents (seif א, first opinion); otherwise, see the next point.
- With neither: without his knowledge, as long as he has not explicitly protested (seif א).
- What is his, she does not confer on others without his knowledge; from her own food she may (seif א; Mishnah Berurah, ס״ק ז; Shulchan Aruch HaRav 367:1).
- Husband and wife away: the household may make the eruv without his knowledge if the house opens onto one courtyard only; onto two, only if he is accustomed to make the eruv with one of them; not if they know he does not want it, even without an explicit protest (seif א; Mishnah Berurah, ס״ק ט).
- The residents of the courtyard, according to the first opinion, do not take his bread without any member of his household knowing; if one of them knows, it is permitted as long as they have not heard the master of the house refuse (seif א, first opinion; Mishnah Berurah, ס״ק י״ב); the Mishnah Berurah refers to the Biur Halachah, which reports other opinions — see Level 2.
- Second opinion (וי״א): the wife makes the eruv only without his knowledge, not if he says he does not want it (seif א); for the accustomed resident who refuses, see the next point.
- The accustomed resident who refuses, when he forbids the courtyard to them (Mishnah Berurah, ס״ק ט״ו): the seif writes, after the second opinion, that they take from him against his will, and the Mishnah Berurah adds his wife (ס״ק ט״ו) — according to the first opinion, not without his wife's consent (Mishnah Berurah, ס״ק כ); the Biur Halachah concludes that by strict law it stands to reason (מדינא מסתברא) that in this case his wife's consent is not required (Level 2, section 8); one who is not accustomed, the beis din compels him or goes down to his property, so that he not forbid the courtyard to them, and this according to all (seif א; Mishnah Berurah, ס״ק ט״ז).
- Withdrawal (the Rema's gloss): without the custom, the eruv is undone and he must confer again; with the custom, it holds against his will (seif א). The Shulchan Aruch HaRav also names one who forbids the courtyard (367:1).
- In case of doubt — the seif brings two opinions, and the Biur Halachah leaves open whether to be strict according to the second for one who is not accustomed (Level 2, section 8): consult your Rav.
- Deep pilpul — Level 2; Chabad shitah — Level 4.
📚 Recap of the study path
You have studied Siman שס״ז in 3 levels:
You have studied Siman שס״ז in 3 levels:
- 🌱 Level 1 — Base: the Mechaber's seif with the Rema's gloss, English translation, halachic concepts
- ⚡ Level 2 — Lamdan: the sugya of Eruvin 80a-b, שיטות of the Rishonim, the second opinion, the Rema's gloss
- ✨ Level 3 — Synthesis: axiom, mnemonic, decision tree, practical commandments