Yerushalmi Eruvin 6:2 ירושלמי עירובין ו׳:ב׳

MISHNAH: Rabban Gamliel said, if happened that a Sadducee was dwelling with us in the alley in Jerusalem and my father told us be quick and bring all the vessels into the alley before he can bring out and forbid for you⁵The argument behind the institution of eruv haṣerot is that a limited-access courtyard is not a public domain; it can be formally turned into a private domain by organizing a common meal of all dwellers in the courtyard. The eruv, a collection of food to which every family dwelling there has contributed, represents this common meal which does not have to be realized. If a rabbinic Jew does not want to be friendly with his neighbors, he can refrain from contributing to the eruv and instead cede his rights to carry in the courtyard to the members of the eruv. Then they will be able to carry there (as explained in the subsequent Mishnaiot) but he will be forbidden to do so.
We do know that Sadducees objected in principle to the institution of all kinds of eruvin, but the fragments of Sadducee halakhah available do not permit us to decide whether they considered a courtyard with a single exit to the street as private or public domain. It seems that different Sadducee sects had different opinions in this matter. All Sadducee sects did consider a dead-end alley as a street and public domain. If a Sadducee considers the courtyard as public domain he will not carry there; therefore he can be considered as ceding his rights to the rabbinic dwellers in the courtyard (Rashi on the Mishnah, 61b) and they can make the eruv among themselves; this argument certainly applies to alleys. If he considers the courtyard as private domain it will be impossible to make an eruv. If only one rabbinic family is living in the alley they can lay claim to the use of the alley by bringing a table and chairs from the house there before nightfall. If at sundown the alley was their dining space, anything the Sadducee will do later is irrelevant.. Rebbi Jehudah says it in another formulation, be quick and work in the alley before he can bring out and forbid for you⁶He does not require the set-up of pieces of furniture, only that the alley be working space at sundown..

HALAKHAH: Paragraph. “Rabban Gamliel said, if happened that a Sadducee,” etc. ³³The scribe of the ms. wrote: או גרש בראשיה דפרקיה קדמייה דראשיה דמסכתא “One reads this at the start of the first Chapter at the start of the Tractate”. This was deleted by the corrector and replaced by the following text which is a slightly shortened copy from there, Chapter 1, Notes 58–65. Rebbi Aḥa, Rebbi Ḥinena in the name of Cahana: Practice does not follow Rebbi Jehudah. If it were not so what would we say? Rebbi Jehudah versus the Sages, practice should follow Rebbi Jehudah? But since Rebbi Jacob bar Idi said in the name of Rebbi Joshua ben Levi, practice follows the lenient opinion in Eruvin, and following Rebbi Naḥman bar Isaac in the name of Rebbi Joshua ben Levi, practice follows Rebbi Joḥanan ben Nuri, and we asked about it, did not Rebbi Jacob bar Idi say in the name of Rebbi Joshua ben Levi, practice follows the lenient opinion in Eruvin, and did not Rebbi Isaac bar Naḥman say in the name of Rebbi Joshua ben Levi, practice follows Rebbi Joḥanan ben Nuri? We asked about it, we would think to say that this refers to an individual versus an individual but not an individual versus the Sages. There came Rebbi Jacob bar Aḥa, Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi, practice follows Rebbi Joḥanan ben Nuri even though the Sages disagree with him. Why should practice not follow Rebbi Jehudah even though the Sages disagree with him?

Rebbi Jeremiah in the name of Rav: If a courtyard has two gates³⁴The courtyard opens into two alleys; the question is whether it is required to participate in both alleys. and an Israel and a Gentile live there; for the Israel one goes after the usual, for the Gentile one goes after the unusual³⁵If the Israel participates in the alley which he most frequently uses, he does not prohibit the use of the second alley if he does not participate there (Babli 49a). But a Gentile interferes with the Sabbath use of any alley to which his courtyard opens and where at least two Jews are residing; both alleys must rent or accept a cession of his space from him.. If there were two Israel and the Gentile in between them, both for Israel and Gentile one goes after the usual³⁶If most of the dwellers of one part of the courtyard all use the same gate, one may assume that the minority in that part does the same.. If he³⁷If the Gentile either cedes or rents out his right to the use of the courtyard to the dwellers in one alley, he automatically becomes part of the dwellers in the other alley and they also must rent from him or ask for a cession. ceded the usual domain, the unusual becomes the usual. If he rented the usual domain, the unusual becomes the usual. If the unusual made an eruv, the usual one is not permitted.

A semi-convert³⁸A non-Jew who publicly has renounced idolatry. He has no obligation to keep the Sabbath. and a semi-converted slave³⁹A slave who refuses to be circumcised but has renounced idolatry. He has no obligation to keep the Sabbath. as well as an apostate acting in public⁴⁰He violates the Sabbath in public. Tosephta 5:18. are like Gentiles in every respect⁴¹In all matters regarding the Sabbath. In other matters the apostate cannot escape being Jewish.. There are Tannaïm who state⁴²Tosephta 5:22, more or less the second version.: “A quaestor⁴³Latin quaestor, an official of the government’s revenue service. prohibits immediately and a troop of soldiers⁴⁴Greek ξενία, ἡ, from ξενός in the sense of mercenary soldier. after thirty days.” There are Tannaïm who state: “A quaestor forbids after thirty days but a troop of soldiers never ever forbids.” He who says, a quaestor prohibits immediately, if it is routine⁴⁵If he comes regularly to audit the local accounts he is a resident, not a passer-by, and one has to lease from him his right to use courtyard or alley on the Sabbath. But soldiers may be called to duty at any moment; they become residents according to one opinion if they stay for 30 days, in the other opinion never., and a troop of soldiers after thirty days, if it is not routine. But he who says a quaestor forbids after thirty days, if he enters by permission⁴⁶A government commission specifying his place of activity. This excludes an official charged to control the local tax office by making unannounced and unpredictable audits., but a troop of soldiers never ever forbids, if they enter without permission⁴⁷On the authority only of a local commander..

Rebbi Jacob bar Aḥa in the name of Rebbi Eleazar, they⁴⁸The first tradent in Mishnah 2 (who is R. Meïr), about the position of a Sadducee in matters of eruv. disagree about ceding rights. Rebbi Meïr says, he may cede rights, but the rabbis⁴⁹R. Jehudah in the Mishnah. are saying, he may not cede rights. Rebbi Meïr says, he may cede rights, and you are saying, “be quick”⁵⁰Why should any action be needed when the Sadducee may cede his rights and resolve the problem by some words?? Even though Rebbi Meïr says, he may cede rights, he agrees that they may lay claim to the alley beforehand⁵¹While the Sadducee may cede his rights, he is not obligated to do so and accommodate rabbinic Jews. Therefore preventive action may be preferable since R. Meïr asserts that the action of using the alley bars the Sadducee from claiming his rights to it.. It was stated thus: Because he may cede rights like a Jew, the words of Rebbi Meïr. “Whether in error or intentionally, he forbids.” So is the baraita⁵²While the text is identical with a sentence from Mishnah 4, one refers to a baraita whose subject is a Sadducee. Babli 69a.: he does not forbid. Rebbi Aḥa in the name of Rebbi Ḥinena: Everybody agrees that he⁵³The Sadducee. Babli 68b. may cede rights. Where do they disagree? To change his mind. Rebbi Meïr says he may cede his rights and retract it, but the rabbis say, he may cede his rights and cannot retract it. Rebbi Meïr says he may cede his rights and retract it, and you are saying, “be quick”? Even though Rebbi Meïr says, he may cede rights, he agrees that they may lay claim to the alley beforehand. It was stated thus: Because he may cede rights like a Jew, the words of Rebbi Meïr. “Whether in error or intentionally, he forbids.” So is the baraita: he does not forbid.