Hotzaah: Difference between revisions
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==Tzurat Hapetach== | ==Tzurat Hapetach== | ||
# A tzurat hapetach is a doorframe made up of two side posts and a lintel on top. It doesn't require anything to make it possible to actually hang a door in the tzurat hapetach.<ref>Shulchan Aruch O.C. 362:11 rules like Rif and Rambam that it isn't necessary to have a heker tzir. Bach 362:10 agrees. Mishkenot Yakov 123 p149 writes that it is proper to be strict to require a heker tzir for a tzurat hapetach. He garners support for this view from Rosh, Maharam, Tur, Ritva, Raavad, Smag, and Smak.</ref> | |||
# It is permitted to set up four walls of a tzurat hapetach to enclose a residential area.<ref>Pri Megadim MZ 363:1 has an unresolved question whether a tzurat hapetach is valid from the Torah or derabbanan. Biur Halacha 362:10 s.v. kshkol tries to prove that this is a dispute between the Ri and Rabbenu Chananel. [https://www.hebrewbooks.org/pdfpager.aspx?req=14336&st=&pgnum=221 Chazon Ish 70:13] holds that the tzurat hapetach is valid m'deoritta (excluding the issue of ayti rabbim).</ref> However, for an uninhabited valley it is invalid.<ref>Biur Halacha 362:10 s.v.aval is lenient on uninhabited valley if it is only 10 or less. [https://www.hebrewbooks.org/pdfpager.aspx?req=14336&st=&pgnum=221 Chazon Ish 70:11] machmir.</ref> | # It is permitted to set up four walls of a tzurat hapetach to enclose a residential area.<ref>Pri Megadim MZ 363:1 has an unresolved question whether a tzurat hapetach is valid from the Torah or derabbanan. Biur Halacha 362:10 s.v. kshkol tries to prove that this is a dispute between the Ri and Rabbenu Chananel. [https://www.hebrewbooks.org/pdfpager.aspx?req=14336&st=&pgnum=221 Chazon Ish 70:13] holds that the tzurat hapetach is valid m'deoritta (excluding the issue of ayti rabbim).</ref> However, for an uninhabited valley it is invalid.<ref>Biur Halacha 362:10 s.v.aval is lenient on uninhabited valley if it is only 10 or less. [https://www.hebrewbooks.org/pdfpager.aspx?req=14336&st=&pgnum=221 Chazon Ish 70:11] machmir.</ref> | ||
# Four walls made of tzurot hapetach aren't effective for a reshut harabbim because of the issue of ''ayti rabbim,'' conceptually "the masses come and knock down the tzurat hapetach."<Ref>Eruvin 6b, Shulchan Aruch O.C. 364:2</ref> | # Four walls made of tzurot hapetach aren't effective for a reshut harabbim because of the issue of ''ayti rabbim,'' conceptually "the masses come and knock down the tzurat hapetach."<Ref>Eruvin 6b, Shulchan Aruch O.C. 364:2</ref> | ||
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===Swaying in the Wind=== | ===Swaying in the Wind=== | ||
#If the side posts would sway in the wind the tzurat hapetach is invalid.<Ref>Magen Avraham 362:18, Mishna Brurah 362:20, Netivot Shabbat 19:14</ref> | #If the side posts would sway in the wind the tzurat hapetach is invalid.<Ref>Magen Avraham 362:18, Mishna Brurah 362:20, Netivot Shabbat 19:14</ref> | ||
#Many poskim hold that the wire on top is acceptable even if it sways in the wind as long as it doesn't fall off the top of the side posts.<ref>Machasit Hashekel 362:18 writes that the wire on top can sway in the wind and although is part of a wall, doesn't have all the stringencies of a wall which cannot sway in the wind at all. Mishna Brurah and Aruch Hashulchan agree. Pri Megadim E"A 362:18 argues that every mechitza must be strong enough not to fall down in the wind but it doesn't matter if it would sway in the wind. For the wire on top he writes that it is kosher if it sways as well as it doesn't fall off the side posts. Chazon Ish agrees. However, unlike the above poskim, Mishna Brurah cites Mishkenot Yakov who holds that the wire is completely invalid if it sways in the wind at all. Kaf Hachaim 362:97 cites Mishkenot Yakov, but in 362:112 he seems to accept Machasit Hashekel.</ref> | #Many poskim hold that the wire on top is acceptable even if it sways in the wind as long as it doesn't fall off the top of the side posts.<ref>Machasit Hashekel 362:18 writes that the wire on top can sway in the wind and although is part of a wall, doesn't have all the stringencies of a wall which cannot sway in the wind at all. Mishna Brurah and Aruch Hashulchan agree. Pri Megadim E"A 362:18 argues that every mechitza must be strong enough not to fall down in the wind but it doesn't matter if it would sway in the wind. For the wire on top he writes that it is kosher if it sways as well as it doesn't fall off the side posts. Chazon Ish agrees. However, unlike the above poskim, Mishna Brurah cites Mishkenot Yakov who holds that the wire is completely invalid if it sways in the wind at all. Kaf Hachaim 362:97 cites Mishkenot Yakov, but in 362:112 he seems to accept Machasit Hashekel. Igrot Moshe 5:40:2 agrees with Pri Megadim and Chazon Ish.</ref> | ||
#If the wire on top of the tzurat hapetach sways in the wind to the sides beyond the two side poles many poskim hold that it is invalid.<ref>Mishkenot Yakov 123 writes that the wire sways to the side beyond the two poles, it is invalid because the lintel on top is not functioning as a lintel on top of where it should be a wall. Also, he writes that it is a kal vchomer from min hasad that it is pasul. Chazon Ish 71:7 writes that if the wire sways to the side beyond the width of the posts, it is invalid. In Chazon | #If the wire on top of the tzurat hapetach sways in the wind to the sides beyond the two side poles many poskim hold that it is invalid.<ref>Mishkenot Yakov 123 writes that the wire sways to the side beyond the two poles, it is invalid because the lintel on top is not functioning as a lintel on top of where it should be a wall. Also, he writes that it is a kal vchomer from min hasad that it is pasul. https://www.hebrewbooks.org/pdfpager.aspx?req=14336&st=&pgnum=225 Chazon Ish 71:7] writes that if the wire sways to the side beyond the width of the posts, it is invalid. In Chazon Ish 71:8, he rejects his proof for that point but doesn’t reject his main point. In 71:10, he reiterates his stringent view. Shoneh Halachot 362:59 quotes Chazon Ish as being strict in the case where the wire extends to the sides of the poles. Netivot Shabbat 19:42 agrees that it is invalid. Binat Simcha (cited by Bikurei Elazar p. 498) quotes the Griz who was strict to make very wide side posts so that the wire doesn't sway beyond them. Bikrei Elazar p. 499 quotes the Shaarei Tzion 3, Maharam Brisk 68, Imrei Yosher 2:133, and Har Tzvi as being lenient on a wire that sways beyond the side posts.</ref> | ||
#If the wires sag, some poskim invalidate it, others hold it is kosher.<ref>Mishkenot Yakov 123 invalidates a wire that is sagging for three reasons. Ritva Eruvin 11b writes that the lintel on top of a tzurat hapetach must be flat. Also, if it sags it is like a tzurat hapetach min hasad. Lastly, if it sags then it'll move in the wind. [https://www.hebrewbooks.org/pdfpager.aspx?req=14336&st=&pgnum=225 Chazon Ish 71:10] isn't sure and seems to be strict on sagging wires. | |||
* [https://www.hebrewbooks.org/pdfpager.aspx?req=412&st=&pgnum=37 Shaarei Tzion 3] argues that a wire that’s sagging is kosher because the wire of a tzurat hapetach can be curved. His primary argument is based on an inference from Rashi Eruvin 11a and then defends his position in light of Eruvin 11b which implies otherwise. Even though Ritva Eruvin 11b is explicit that the wire must be flat, he argues that this is only relevant to mezuzah and not eruvin, as Tikkun Eruvin argued. He also writes that it is kosher if it sways to the side but he isn’t clear how much it is allowed to sway to the side, particularly if he’d allow swaying beyond the width of the side posts. </ref> | |||
===Skipping Poles=== | ===Skipping Poles=== | ||
