עירובין ו׳Eruvin 6

Mishnah 1א׳

הַדָּר עִם הַנָּכְרִי בֶחָצֵר, אוֹ עִם מִי שֶׁאֵינוֹ מוֹדֶה בָעֵרוּב, הֲרֵי זֶה אוֹסֵר עָלָיו, דִּבְרֵי רַבִּי מֵאִיר. רַבִּי אֱלִיעֶזֶר בֶּן יַעֲקֹב אוֹמֵר, לְעוֹלָם אֵינוֹ אוֹסֵר עַד שֶׁיְּהוּ שְׁנֵי יִשְׂרְאֵלִים אוֹסְרִין זֶה עַל זֶה:

If one dwells in a courtyard with a gentile or with one who does not acknowledge (the institution of) eruv, [i.e., a Cuthite], he (the latter) forbids him (the Israelite) [from carrying from his house to the courtyard until he rents from him his rights in the courtyard.] These are the words of R. Meir. R. Eliezer b. Yaakov says: Only two Israelites can forbid it, one to the other. [Both according to the first tanna and according to R. Eliezer b. Yaakov the dwelling of a gentile is not called a dwelling and, by law, he does not forbid; but the rabbis decreed (that he does forbid) so that an Israelite not come to dwell with an idolator and not learn from his deeds. The first tanna holds that even though a gentile is suspect of bloodshed and a Jew is forbidden to be alone with him, it sometimes happens that an Israelite dwells together with an idolator, and the rabbis ordained that an eruv not avail with a gentile and that negation of his (the gentile's) rights (in the courtyard) not avail, but that he must rent it (to the Jew). And the gentile will not rent it, fearing witchcraft. As a result, a Jew will not come to dwell with a gentile and he will not learn from his deeds. And R. Eliezer b. Yaakov holds that since an idolator is suspect of bloodshed — for two (or more Jews), who might dwell with a gentile, the rabbis made this decree; for one, for whom it would be uncommon to dwell with a gentile, it being forbidden to be alone with him, they did not decree. The halachah is in accordance with R. Eliezer b. Yaakov. And it (the courtyard) is rented from an idolator even for less than a p'rutah, and even on Shabbath. And even though a gentile cannot (merely) negate his rights, but must rent (his courtyard) to the Jew, a Jew can negate his rights even on Shabbath. That, by telling his neighbor, when an eruv has not been made: "My rights are ceded to you." In this event, he is forbidden to carry in the courtyard and his neighbor is permitted to do so. And if they so desire, after the one has carried therein what he needed to, he can cede his rights to the other, in which instance it becomes permitted to the other and forbidden to him.]

Mishnah 2ב׳

אָמַר רַבָּן גַּמְלִיאֵל, מַעֲשֶׂה בִצְדוֹקִי אֶחָד, שֶׁהָיָה דָר עִמָּנוּ בְּמָבוֹי בִּירוּשָׁלַיִם, וְאָמַר לָנוּ אַבָּא, מַהֲרוּ וְהוֹצִיאוּ אֶת כָּל הַכֵּלִים לַמָּבוֹי, עַד שֶׁלֹּא יוֹצִיא וְיֶאֱסֹר עֲלֵיכֶם. רַבִּי יְהוּדָה אוֹמֵר בְּלָשׁוֹן אַחֵר, מַהֲרוּ וַעֲשׂוּ צָרְכֵיכֶם בַּמָּבוֹי עַד שֶׁלֹּא יוֹצִיא וְיֶאֱסֹר עֲלֵיכֶם:

R. Gamliel said: Once a Sadducee lived with us in a mavui (an alleyway) in Jerusalem and (on one occasion) Father said to us: "Hurry and take out all the vessels to the mavui before he does so and forbids it to you." [Our Mishnah is defective. This is what was taught: "A Sadducee is like an idolator. R. Gamliel says: He is not like an idolator, and once a Sadducee … and Father said to us: 'Hurry and do what you need before he takes out (his vessels) and forbids it to you'" — whence we see that he is like an Israelite, who can negate his rights. And because one who negates his rights and then retracts (his negation), whether unintentionally or deliberately forbids (usufruct) to others, R. Gamliel said: Hurry and do what you need before he takes out his vessels to the courtyard and reassumes the rights that he had negated and thereby forbids it to you. But if he were like an idolator, who cannot negate his rights without renting, how could he have forbidden it to them after having received his rent?] R. Yehudah says: He said otherwise, viz.: "Hurry and do what you need in the mavui before it (the day) is out and it is forbidden to you." [i.e., The above is not what R. Gamliel said, for he holds a Sadducee to be like an idolator, and that episode is no proof to the contrary, for this is what he said: "Hurry and do what you need on Sabbath eve before it gets dark" — Not: "before he takes out his vessels," as you say, but: "before the day is out and it is forbidden to you." The halachah is that any Jew who desecrates Shabbath in public is like an idolator, and it is forbidden to make an eruv with him, and he may not negate his rights, but they must be rented from him as they are rented from an idolator. And if one observes Shabbath in the open, even if he sometimes desecrates it in secret and does not acknowledge the institution of eruv, such as the Sadducees in our time, it is forbidden to make an eruv with him, but he may negate his rights without renting them (this, if he is not an idolator.)]