Hotzaah: Difference between revisions

## He<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=1095&pgnum=116 s.v. v'ad]</ref> counts 16 rishonim who hold that reshut harabbim does not need a population of 600,000 including: Rif,<ref>Eruvin 17b</ref> Rambam,<ref>Hilchot Shabbat 17:33</ref> Rabbenu Tam,<ref>Tosfot Eruvin 6a s.v. keysad, also cited by Ritva Eruvin 59a</ref> Rashbam, Raavan, Ramban, Rashba, Ritva, Ran, Hagahot Mordechai, Rivash, Rash, Riva, Ri Halevi, Mordechai, and Riaz.<ref>See, however, Piskei Riaz 5:1 where he quotes 600,000 as a requirement.</ref> Simultaneously, he argues that really only 5 rishonim hold that 600,000 is necessary including Smak, Smag, Sefer Hatrumah, Roke'ach, and Maharam. Therefore, he holds that the halacha follows those rishonim who do not require 600,000.

#Bet Efraim's<ref>Responsa 26 s.v. u'lifi zeh</ref> defense of modern eruvin is either we follow Rashi that we don't have a reshut harabbim today because our cities lack 600,000 people or we follow Rabbanan who hold that there's no ''ayti rabbim''. For an unwalled city, the only argument that is relevant is that the city lacks 600,000 people. For a walled city, the argument that we follow Rabbanan is also relevant.

## Bet Efraim's tries to prove that we do not hold ''ayti rabbim umevatel mechitzta''. Certainly Rambam held that we do not hold ''ayti rabbim umevatel mechitzta,'' but he also proves that Rif and Rosh concur with this. Although the Ramban writes that Rif and by implication Rosh hold ''ayti rabbim umevatel mechitzta,'' the Bet Efraim disagrees. By making this argument, Bet Efraim undermines Mishkenot Yakov's second argument altogether.<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> 

###Additionally, Bet Efraim argues with Mishkenot Yakov's understanding of the Hagahot Ashri. According to the Mishkenot Yakov, it is a proof that even without 600,000 a tzurat hapetach is insufficient on the roads used by everyone in town. Bet Efraim argues that without 600,000 tzurat hapetach is sufficient.<ref>Hagahot Ashri (Eruvin 1:8) writes that a tzurat hapetach is sufficient for a ''mavoy mefulash'' only if the inhabitants of a mavoy travel through it, but if all the townspeople travel through the mavoy they would uproot the tzurat hapetach. He concludes with the words of the Ram from Ivra that this point is true even for Rashi that requires a population of 600,000. Mishkenot Yakov interpreted this to mean that even if we hold like Rashi as long as the townspeople travel on this road they invalidate a tzurat hapetach. He adds that this is also the opinion of Tosfot Eruvin 62b s.v. vrabbi [quoted and accepted by Or Zaruah (2:168), Smag (Aseh Derabbanan 1), and Aguda (Eruvin 6:60)]. Bet Efraim argues that he's discussing a case where there is a reshut harabbim on either side of the street in question. According to Rashi, the reshut harabbim requires 600,000 and then if there is 600,000 on either side then the street used by the townspeople in between is also a reshut harabbim.</ref> In understanding the Maharam<Ref>In the same vein, they argue about the interpretation of the Maharam who writes that in an area that isn't a reshut harabbim because it lacks 600,000 but is used by the whole town can be permitted with doors. Bet Efraim reads Maharam as saying that even tzurat hapetach is sufficient, while Mishkenot Yakov argues that tzurat hapetach is insufficient and specifically doors are necessary. Igrot Moshe 1:139:3 agrees with Bet Efraim on this point. [Though, Igrot Moshe 1:139:3 writes that even the Maharam agrees with Ri in the case where there are 600,000 and is a karmelit for another reason that it needs doors and perhaps they need to be closed.]</ref> and Ritva<ref>Ritva 22a s.v. derabbanan and kaan writes that doors that close at night are necessary even if the street isn't 16 amot wide. Mishkenot Yakov quotes this as a proof that doors which close are necessary even not for a reshut harabbim if there are masses passing through. Bet Efraim argues that Ritva means that the doors are only necessary if it is a reshut harabbim even though it isn't 16 amot wide since on either side it is a reshut harabbim. </ref> there is a parallel dispute.