Hotzaah: Difference between revisions
From Halachipedia
→Tzurat Hapetach
| Line 138: | Line 138: | ||
==Tzurat Hapetach== | ==Tzurat Hapetach== | ||
Biur halacha 362:10 s.v.aval is lenient on bika if it is only 10 or less. Chazon Ish 70:11 machmir. | |||
BH a.v. kshkol machlokes rishonim tos and rach. Chazon Ish 70:13 holds it is deoritta | |||
===Doorpost behind a Wall=== | ===Doorpost behind a Wall=== | ||
#Most poskim are stringent not to allow if there is one post of the tzurat hapetach is inside of a four-walled area. If there is only one wall separating between the two poles that is a dispute if it is kosher.<ref>The Netivot in [https://www.hebrewbooks.org/pdfpager.aspx?req=41113&st=&pgnum=2 Tikkun Eruvin] writes that you can’t make a tzurat hapetach with one kaneh that is enclosed in an area surrounded by four walls. He presents two reasons. 1) A tzurat hapetach needs to be recognizable and if it is inside another area it isn’t recognizable. 2) The reshut hayachid is considered completely filled up and the kaneh is like it doesn’t count. Shaarei Teshuva 363:7 quotes this. MB 363:113 agrees. Avnei Nezer OC 291 accepts the Tikkun Eruvin’s point for another reason because he disagrees with both reasons of the Tikkun Eruvin. He says that it is like the kaneh that in the reshut hayachid is like it is separated from the other kaneh. Chazon Ish 70:22 writes this idea | #Most poskim are stringent not to allow if there is one post of the tzurat hapetach is inside of a four-walled area. If there is only one wall separating between the two poles that is a dispute if it is kosher.<ref>The Netivot in [https://www.hebrewbooks.org/pdfpager.aspx?req=41113&st=&pgnum=2 Tikkun Eruvin] writes that you can’t make a tzurat hapetach with one kaneh that is enclosed in an area surrounded by four walls. He presents two reasons. 1) A tzurat hapetach needs to be recognizable and if it is inside another area it isn’t recognizable. 2) The reshut hayachid is considered completely filled up and the kaneh is like it doesn’t count. Shaarei Teshuva 363:7 quotes this. MB 363:113 agrees. Avnei Nezer OC 291 accepts the Tikkun Eruvin’s point for another reason because he disagrees with both reasons of the Tikkun Eruvin. He says that it is like the kaneh that in the reshut hayachid is like it is separated from the other kaneh. [https://www.hebrewbooks.org/pdfpager.aspx?req=14336&st=&pgnum=223 Chazon Ish 70:22] writes this idea to explain the Tikkun Eruvin. Chazon Ish is also machmir even if it is behind one wall.</ref> | ||
===Uneven Doorposts=== | ===Uneven Doorposts=== | ||
#It is fine for one doorpost to be wider or taller than the other.<ref>Mayim Amukim 2:26, Magen Avraham 362:18, [https://www.hebrewbooks.org/pdfpager.aspx?req=49576&st=&pgnum=223 Tosefet Shabbat 362:26]</ref> | #It is fine for one doorpost to be wider or taller than the other.<ref>Mayim Amukim 2:26, Magen Avraham 362:18, [https://www.hebrewbooks.org/pdfpager.aspx?req=49576&st=&pgnum=223 Tosefet Shabbat 362:26]</ref> | ||
| Line 152: | Line 155: | ||
* This seems to be a dispute between the rishonim. Raavad (quoted by Rashba 10b s.v. shmat and Meiri Eruvin 11b s.v. zeh) holds that tzurat hapetach which isn’t connected to the walls on the side are invalid since a tzurat hapetach is not considered like omed. Tosfot Rabbenu Peretz Eruvin 11a explicitly is lenient if a tzurat hapetch is not attached to a wall. Ritva (Eruvin 10b s.v. shmat) disagrees with Raavad and hold that tzurat hapetach is like omed. Rashba Eruvin 10b isn't clear about his conclusion. | * This seems to be a dispute between the rishonim. Raavad (quoted by Rashba 10b s.v. shmat and Meiri Eruvin 11b s.v. zeh) holds that tzurat hapetach which isn’t connected to the walls on the side are invalid since a tzurat hapetach is not considered like omed. Tosfot Rabbenu Peretz Eruvin 11a explicitly is lenient if a tzurat hapetch is not attached to a wall. Ritva (Eruvin 10b s.v. shmat) disagrees with Raavad and hold that tzurat hapetach is like omed. Rashba Eruvin 10b isn't clear about his conclusion. | ||
* Magen Avraham 363:5 quotes a dispute between Riaz, Rabbenu Yonatan, and Tosfot whether a lechi that’s 3 tefachim away from the wall and is itself 3 tefachim wide is kosher. According to Riaz and Rabbenu Yonatan that the lechi is kosher, a tzurat hapetach should also be kosher even if it is more than 3 tefachim away from the wall. Tosfot who holds that the lechi which is more than 3 tefachim away from the wall is always invalid might also invalidate a tzurat hapetach that is more than 3 tefachim from the wall. | * Magen Avraham 363:5 quotes a dispute between Riaz, Rabbenu Yonatan, and Tosfot whether a lechi that’s 3 tefachim away from the wall and is itself 3 tefachim wide is kosher. According to Riaz and Rabbenu Yonatan that the lechi is kosher, a tzurat hapetach should also be kosher even if it is more than 3 tefachim away from the wall. Tosfot who holds that the lechi which is more than 3 tefachim away from the wall is always invalid might also invalidate a tzurat hapetach that is more than 3 tefachim from the wall. | ||
* [https://www.hebrewbooks.org/pdfpager.aspx?req=41113&st=&pgnum=2 Tikkun Eruvin p. 2] makes a compromise that it is valid if it is attached on one side, but invalid if it is detached on both sides. Bet Efraim OC 28 | * [https://www.hebrewbooks.org/pdfpager.aspx?req=41113&st=&pgnum=2 Tikkun Eruvin p. 2] makes a compromise that it is valid if it is attached on one side, but invalid if it is detached on both sides. Bet Efraim OC 28, Har Tzvi 2:18:5, and [https://www.hebrewbooks.org/pdfpager.aspx?req=14336&st=&pgnum=221 Chazon Ish 70:14] agree. Bet Efraim explains the reason for Tevuot Shor is that the tzurat hapetach needs to connect to the existing walls which come to permit the area. Chazon Ish seems to be leaning to the lenient view about if it is detached on both sides in 70:14, but in 70:21 he seems to be strict. | ||
* Avnei Nezer OC 287 and Geon Yakov 11a agree with Tevuot Shor for another reason. He holds that the tzurat hapetach is not considered like it is standing. Therefore, if it is detached from the walls, there could be more airspace than wall (''parutz merubeh al haomed''). | * Avnei Nezer OC 287 and Geon Yakov 11a agree with Tevuot Shor for another reason. He holds that the tzurat hapetach is not considered like it is standing. Therefore, if it is detached from the walls, there could be more airspace than wall (''parutz merubeh al haomed''). | ||
* Halacha: Mishna Brurah 363:23 is strict except in extenuating circumstances. Rabbi Akiva Eiger OC 18 holds that it is kosher in extenuating circumstances.</ref> | * Halacha: Mishna Brurah 363:23 is strict except in extenuating circumstances. Rabbi Akiva Eiger OC 18 holds that it is kosher in extenuating circumstances.</ref> | ||
