Eruvin 3:8:

מַתְנֶה אָדָם עַל עֵרוּבוֹ וְאוֹמֵר, אִם בָּאוּ גוֹיִים מִן הַמִּזְרָח, עֵרוּבִי לַמַּעֲרָב. מִן הַמַּעֲרָב, עֵרוּבִי לַמִּזְרָח. ... אִם בָּא חָכָם מִן הַמִּזְרָח, עֵרוּבִי לַמִּזְרָח. מִן הַמַּעֲרָב, עֵרוּבִי לַמַּעֲרָב. ...

A person can make a condition on his eruv [techumin] and say that if non-Jews [tax collectors - Bartenura] come from the east, my eruv is [the one I set up] to the west. [If they come] from the west, my eruv is to the east. ... If the Chacham comes from the east, my eruv is to the east. If he comes from the west, my eruv is to the west. ...

Let’s say that a person makes both of these conditions - if the Chacham comes from the east my eruv is on the east, and if a tax collector comes from the east, my eruv is on the west. Then over Shabbos the Chacham and the tax collector both came from the east. What now? His two conditions contradict each other. Do we say he gets to choose (as per the later clause - “if he/they come from both sides, my Eruv is whichever I wish”)? Do we say neither is valid, since they contradict? Do we say that whichever one he used first/last is the one we go like, similar to the terms of a business deal (BM 102b)? Something else?

This question isn’t particularly limited to Eruvin; this could theoretically be made with any context where we say Yesh Bereirah and thus can make conditions which are later clarified to contradict each other.

  • Who said you are allowed to make multiple conditions?
    – Double AA
    Jan 6, 2018 at 23:50
  • @DoubleAA I don’t see why you shouldn’t be allowed to. “If x and y are true, then z.”
    – DonielF
    Jan 7, 2018 at 0:18
  • what you just said can't lead to contradictions bc it's one condition: a conjunction. If the conjunction is true or not.
    – Double AA
    Jan 7, 2018 at 0:24
  • @DoubleAA Whether you want to phrase it as a conjunction or not, the Mishnah seems to make clear that you’re able to make multiple conditions when it says “If the tax collector comes from the east, my Eruv is to the west; if he comes from the west, my Eruv is to the east...” It seems to imply that a person can make multiple conditions, not that a person has to pick one from the list.
    – DonielF
    Jan 7, 2018 at 0:44
  • I don't agree with that at all. There's no implication that multiple conditions can be made. There's just a list of possible conditions one could make. One could also make other conditions not on the list. Still only one condition. How does making multiple conditions even make any sense? You can't intend two different placements for your Eruv at the same time as is obvious in the case in your question where there is explicit contradiction.
    – Double AA
    Jan 7, 2018 at 1:05

1 Answer 1


Shulchan Aruch Even haezer 143, 10

הַנּוֹתֵן גֵּט לְאִשְׁתּוֹ ...אִם הִתְנָה עָלֶיהָ שֶׁתִּתֵּן לוֹ מָאתַיִם זוּז, וְחָזַר וְהִתְנָה בִּפְנֵי שְׁנַיִם שֶׁתִּתֵּן לוֹ שְׁלשׁ מֵאוֹת זוּז, כְּבָר בִּטֵּל הַתְּנַאי שֶׁל מָאתַיִם זוּז, וּצְרִיכָה לִתֵּן שְׁלשׁ מֵאוֹת זוּז. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה

If a person gave a Get to his wife stipulating she must give him 200 zuz in front of 2 witnesses, then stipulates she must give him 300 zuz in front of another 2 witnesses, the first stipulation is nullified. So too any set of stipulations which contradict each other (the latter replaces the former)

  • Is there any indication in the Nosei Keilim whether וכן כל כיוצא בזה is limited to Gittin or if it applies everywhere? (I can't think of a reason why not, just curious.)
    – DonielF
    Mar 18, 2020 at 16:00

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