Hotzaah: Difference between revisions
From Halachipedia
→Ramifications of Ayti Rabbim
| Line 48: | Line 48: | ||
===Summary of Modern Poskim=== | ===Summary of Modern Poskim=== | ||
====Ramifications of ''Ayti Rabbim''==== | ====Ramifications of ''Ayti Rabbim''==== | ||
#Several major rishonim including Ramban, Rashba, Ritva, and Meiri explicitly rule like Rabbi Yehuda. According to Ramban, this is also the view of the Rif and by extension the Rosh.<ref>Rashba 22a s.v. vkayma lan, Ritva 22a s.v. vkayma lan, Meiri Eruvin 18a s.v. v'anan, 20a s.v. vklal all hold like R' Yehuda and not Rabbanan. This also is the opinion of Ramban (Milchamot 6a) in understanding the Rif and Baal Hameor is also concerned for Rabbi Yehuda.</ref> However, the Rambam, according to most commentaries, and Tosfot, according to some, argue that the halacha follows Rabbanan.<ref>Bet Efraim proves that Tosfot Eruvin 6b s.v. vha'amar holds like rabbanan. Rav Chaim Volozhin also assumes Tosfot hold like Rabbanan | #Several major rishonim including Ramban, Rashba, Ritva, and Meiri explicitly rule like Rabbi Yehuda. According to Ramban, this is also the view of the Rif and by extension the Rosh.<ref>Rashba 22a s.v. vkayma lan, Ritva 22a s.v. vkayma lan, Meiri Eruvin 18a s.v. v'anan, 20a s.v. vklal all hold like R' Yehuda and not Rabbanan. This also is the opinion of Ramban (Milchamot 6a) in understanding the Rif and Baal Hameor is also concerned for Rabbi Yehuda.</ref> However, the Rabbenu Chananel,<ref>Rabbenu Chananel (Shabbat 101a) proves that we hold like rabbanan from Shabbat 100a.</ref> Tosfot Rid,<ref>Tosfot Rid (Mehudra Telita Eruvin 22a s.v. vkol) holds like rabbanan.</ref> Rambam, according to most commentaries, and Tosfot, according to some, argue that the halacha follows Rabbanan.<ref>Bet Efraim proves that Tosfot Eruvin 6b s.v. vha'amar holds like rabbanan. Rav Chaim Volozhin also assumes Tosfot hold like Rabbanan.</ref> Although Mishkenaot Yakov<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=1095&st=&pgnum=131 Mishkenot Yakov OC 121 s.v. od] rules like Rabbi Yehuda and rejects the Knesset Yechezkel, Chacham Tzvi, and Mayim Rabbim since they didn't investigate the topic and they're against the rishonim such as Ramban.</ref> and Rav Aharon Kotler<Ref>Mishnat Rebbe Aharon 6</ref> argue that the halacha follows Rabbi Yehuda because of the Ramban and his understanding the Rif and Rosh, most poskim follow rabbanan.<ref>Chatom Sofer 1:89 s.v. ma nishar, hold like rabbanan. Bet Efraim 26 s.v. vheneh quotes that Magen Avraham 363:30, Chacham Tzvi 37, and Mayim Rabbim 34-35 follow rabbanan. Or Letzion 1:30 and Yabia Omer 9:33 agree with rabbanan. Rabbi Mordechai Lebhar in Or Torah v. 666 p. 780 questioned this that Sephardim should follow Rabbi Yehuda.</ref> That is the position of the Bet Efraim<ref>Bet Efraim 26-27</ref> and Chazon Ish.<ref>Chazon Ish OC 107:4</ref> Rav Chaim Volozhin writes that there is what to rely upon to follow rabbanan. Mishna Brurah seems to hold that we do not follow the rabbanan, but their view can be used in conjunction with other factors to validate an eruv. | ||
##According to Rabbi Yehuda, Mishkenot Yakov argues that tzurat hapetach is invalid if it goes over a main street in the town.<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=1095&st=&pgnum=118 Mishkenot Yakov 120 s.v. amnam] based on Hagahot Ashri (Eruvin 1:8)</ref> Bet Efraim argues with this understanding even within Rabbi Yehuda.<ref>Bet Efraim 26. Biur Halacha 345:9 s.v. vsheni seems to understand Hagahot Ashri like the Bet Efraim that there's reshut harabbim on both sides.</ref> Chazon Ish<ref>Chazon Ish OC 74:9 is lenient because we don't follow the Hagahot Ashri and ayti rabbim depends on a reshut harabbim.</ref> is also lenient for a different reason. | ##According to Rabbi Yehuda, Mishkenot Yakov argues that tzurat hapetach is invalid if it goes over a main street in the town.<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=1095&st=&pgnum=118 Mishkenot Yakov 120 s.v. amnam] based on Hagahot Ashri (Eruvin 1:8)</ref> Bet Efraim argues with this understanding even within Rabbi Yehuda.<ref>Bet Efraim 26. Biur Halacha 345:9 s.v. vsheni seems to understand Hagahot Ashri like the Bet Efraim that there's reshut harabbim on both sides.</ref> Chazon Ish<ref>Chazon Ish OC 74:9 is lenient because we don't follow the Hagahot Ashri and ayti rabbim depends on a reshut harabbim.</ref> is also lenient for a different reason. | ||
##If there were ''pasi biraot'' surrounding the city, according to the rabbanan, according to the Bet Efraim, the entire town is a reshut hayachid and a tzurat hapetach eruv works. Avnei Nezer accepted this, but Mishkenot Yakov<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=1095&st=&pgnum=124 Mishkenot Yakov 121 s.v. hayotzei] rejects this because there are gaps more than 10 amot.</ref> and Chazon Ish<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=14336&st=&pgnum=321 Chazon Ish 112:5 s.v. vbchazon] writes that a gap of more than 10 for rabbanan or 13.3 amot for Rabbi Yehuda is deoritta when making pasi biraot. However, if there is omed merubeh then a gap of ten is only derabbanan.</ref> reject this concept for different reasons. | ##If there were ''pasi biraot'' surrounding the city, according to the rabbanan, according to the Bet Efraim, the entire town is a reshut hayachid and a tzurat hapetach eruv works. Avnei Nezer accepted this, but Mishkenot Yakov<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=1095&st=&pgnum=124 Mishkenot Yakov 121 s.v. hayotzei] rejects this because there are gaps more than 10 amot.</ref> and Chazon Ish<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=14336&st=&pgnum=321 Chazon Ish 112:5 s.v. vbchazon] writes that a gap of more than 10 for rabbanan or 13.3 amot for Rabbi Yehuda is deoritta when making pasi biraot. However, if there is omed merubeh then a gap of ten is only derabbanan.</ref> reject this concept for different reasons. | ||
