Hotzaah: Difference between revisions
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#If the slope is broken up with a width of more than 4 tefachim (Picture #4), even though each slope is at least 24.6 degrees, some poskim it doesn't join together,<ref>Chazon Ish 65:62 and 70</ref> while others hold it can join together.<ref>Gra 358:2, Biur Halacha 358:2 s.v. v'im. Trumat Hadeshen cited by Rama 358:2 writes that a 9.5 tefach wall of dirt of a width of 4 tefachim next to a 19 tefach stone wall is considered as though the dirt wall is a new ground and the stone wall is broken since it isn't 10 tefachim above the dirt wall. Gra 358:2 argues that the two walls should combine, even though there is a flat ground of 4 tefachim on top of the dirt wall between them. Biur Halacha 358:2 s.v. v'im writes that everyone should agree that the walls can combine as long as altogether there is a height of 10 tefachim within 4 amot. Chazon Ish notes that his argument is against Gra. Biur Halacha 362:2 s.v. sh'asa suggests that this is the dispute between Trumat Hadeshen and Gra.</ref> | #If the slope is broken up with a width of more than 4 tefachim (Picture #4), even though each slope is at least 24.6 degrees, some poskim it doesn't join together,<ref>Chazon Ish 65:62 and 70</ref> while others hold it can join together.<ref>Gra 358:2, Biur Halacha 358:2 s.v. v'im. Trumat Hadeshen cited by Rama 358:2 writes that a 9.5 tefach wall of dirt of a width of 4 tefachim next to a 19 tefach stone wall is considered as though the dirt wall is a new ground and the stone wall is broken since it isn't 10 tefachim above the dirt wall. Gra 358:2 argues that the two walls should combine, even though there is a flat ground of 4 tefachim on top of the dirt wall between them. Biur Halacha 358:2 s.v. v'im writes that everyone should agree that the walls can combine as long as altogether there is a height of 10 tefachim within 4 amot. Chazon Ish notes that his argument is against Gra. Biur Halacha 362:2 s.v. sh'asa suggests that this is the dispute between Trumat Hadeshen and Gra.</ref> | ||
#If there is a slope that is 5 tefachim within 2 amot or less and a wall of 5 tefachim on top of it, some say that it isn't a wall, but others argue that it is a wall.<ref>Biur Halacha 362:2 s.v. tel isn't sure about this case because perhaps only a slope that altogether with 10 tefachim tall constitutes a wall. On the other hand, it the slope of 5 tefachim could be a partial wall and joins together with the vertical wall of 5 tefachim. </ref> If there is a slope with less than 3 tefachim of height and a wall of the remaining height to reach 10 tefachim, it is questionable if that is considered a wall.<ref>Biur Halacha 362:2 s.v. tel isn't sure if this type of slope can join together with a wall, since the slope is less than 3 tefachim tall it is like part of the ground of the reshut harabbim. If so, the wall on top is ineffective unless it itself is 10 tefachim tall.</ref> | #If there is a slope that is 5 tefachim within 2 amot or less and a wall of 5 tefachim on top of it, some say that it isn't a wall, but others argue that it is a wall.<ref>Biur Halacha 362:2 s.v. tel isn't sure about this case because perhaps only a slope that altogether with 10 tefachim tall constitutes a wall. On the other hand, it the slope of 5 tefachim could be a partial wall and joins together with the vertical wall of 5 tefachim. </ref> If there is a slope with less than 3 tefachim of height and a wall of the remaining height to reach 10 tefachim, it is questionable if that is considered a wall.<ref>Biur Halacha 362:2 s.v. tel isn't sure if this type of slope can join together with a wall, since the slope is less than 3 tefachim tall it is like part of the ground of the reshut harabbim. If so, the wall on top is ineffective unless it itself is 10 tefachim tall.</ref> | ||
===Stairs=== | |||
#If the stairs are less than the width of 3 tefachim and less than 3 tefachim wall they can become a wall if altogether there is a height of 10 tefachim within 4 amot. If they are different dimensions see footnote.<ref>Netivot Shabbat 16:9 writes that stairs which are 3 tefachim or less wide and 3 tefachim or less tall are considered a wall. He compares this to a tel hamelaket since it rises 10 tefachim within 4 amot and even though it isn’t a flat slope since each aberration is less than lavud and it is like a flat slope. According to the analysis of Kovetz Teshuvot 4:33 the following emerges: | |||
*If the stairs are a width of 4 tefachim according to Trumat Hadeshen (cited by Rama 358:2) and Chazon Ish 65:70 it isn't considered a wall, but according to the Gra it is considered a wall. | |||
*If the stairs aren't 4 tefachim wide, it is considered a wall according to Chazon Ish, but possibly not a wall according to Rav Elyashiv. | |||
*If the stairs are less than the width of 3 tefachim, according to Trumat Hadeshen, Chazon Ish, and Rav Elyashiv it is a wall. | |||
*Rav Elyashiv writes that an eruv should not be lenient on this question. See Chashukei Chemed Shabbat 100a where he writes that stairs can count as a wall as long as it is 10 tefachim within 4 amot, but does not specify any of the above conditions.</ref> | |||
#A separate issue that some poskim raise regarding counting stairs as a wall is that the wall is trampled (nidreset). Many aren't concerned about this issue.<ref>In terms of nidreset, Chatom Sofer OC 1:89 holds that it isn’t an issue because we pasken like rabbanan in Eruvin 22a. Chazon Ish 108:13 holds that nidreset is never an issue with a real wall and a borrowed phrase out of context. Imrei Yosher 1:2 holds that nidreset is an issue to mevatel walls completely. Dirshu 358:20 applies his opinion to stairs to be machmir. Netivot Shabbat (ch. 16 fnt. 24) regarding stairs quotes Rav Yechezkel Roth that we’re concerned for mechitza nidreset and we cannot count stairs as a wall. However, Rav Friedman argued with him based on the Chatom Sofer and Chazon Ish. Kovetz Elyashiv (Kovetz Teshuvot 4:33) writes that it is an issue if the stairs are 3 or 4 tefachim wide because we should be concerned for the opinion of the Trumat Hadeshen. He doesn’t raise the issue of mechitza nidreset.</ref> | |||
==Defining the act of carrying== | ==Defining the act of carrying== | ||
