Hotzaah: Difference between revisions
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→Summary of Dispute Between Mishkenot Yakov and Bet Efraim
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#If the entranceway in from of a house or building is 4 tefachim wide by 4 tefachim long in front of the door, has two walls on either side and a roof above it, it is a reshut hayachid. Alternatively, if it is 10 tefachim above the ground, and 4x4 tefachim, it is a reshut hayachid. If isn't so high, large, lacks the walls, or roof is considered like the domain that it is facing.<Ref>Rama 346:3</ref> | #If the entranceway in from of a house or building is 4 tefachim wide by 4 tefachim long in front of the door, has two walls on either side and a roof above it, it is a reshut hayachid. Alternatively, if it is 10 tefachim above the ground, and 4x4 tefachim, it is a reshut hayachid. If isn't so high, large, lacks the walls, or roof is considered like the domain that it is facing.<Ref>Rama 346:3</ref> | ||
===Summary of Dispute Between Mishkenot Yakov and Bet Efraim=== | ===Summary of Dispute Between Mishkenot Yakov and Bet Efraim=== | ||
# Mishkenaot Yakov<ref>Responsa n. 120</ref> makes 3 arguments to support his contention that using tzurat hapetach for a communal eruv is invalid. His argument stands even if only one of his arguments stand: | # Mishkenaot Yakov<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=1095&pgnum=113 Responsa n. 120]</ref> makes 3 arguments to support his contention that using tzurat hapetach for a communal eruv is invalid. His argument stands even if only one of his arguments stand: | ||
## Most rishonim hold that a reshut harabbim is defined by having a street that is 16 amot wide, even if it isn't traveled by 600,000. He counts 16 rishonim who disagreed with the opinion of 5 rishonim that held that a reshut harabbim requires 600,000 people. | ## Most rishonim hold that a reshut harabbim is defined by having a street that is 16 amot wide, even if it isn't traveled by 600,000. He counts 16 rishonim who disagreed with the opinion of 5 rishonim that held that a reshut harabbim requires 600,000 people. | ||
## Even according to those who require a population of 600,000, they also hold that a wall of a tzurat hapetach is nullified by the travel of all the townspeople, even though they aren't 600,000. This argument rests on the assumption that we hold ''ayti rabbim umevatel mechitzta''. | ## Even according to those who require a population of 600,000, they also hold that a wall of a tzurat hapetach is nullified by the travel of all the townspeople, even though they aren't 600,000. | ||
###This argument rests on the assumption that we hold ''ayti rabbim umevatel mechitzta''. | |||
## Even in a mavoy mefulash there is a dispute whether a tzurat hapetach is sufficient. The Rashba and Rabbenu Yehonatan hold that doors are necessary. Even though most rishonim (Rif, Rambam, and Rosh) are lenient about this point, he brings 2 proofs from the gemara for the Rashba. | ## Even in a mavoy mefulash there is a dispute whether a tzurat hapetach is sufficient. The Rashba and Rabbenu Yehonatan hold that doors are necessary. Even though most rishonim (Rif, Rambam, and Rosh) are lenient about this point, he brings 2 proofs from the gemara for the Rashba. | ||
# Bet Efraim | #Bet Efraim's<ref>Responsa 26 s.v. u'lifi zeh</ref> major defense of modern eruvin is either we follow Rashi that we don't have a reshut harabbim today because we lack cities with 600,000 people or we follow Rabbanan who hold that there's no ayti rabbim. | ||
## Tangentially, Bet Efraim explains that the Rambam holds that it is sufficient to close off a reshut harabbim with doors that could close even though practically they don't close. Furthermore, he explains that perhaps Rif and Rosh agree with this. However, Shiltei Giborim, Tur and Bet Yosef 364:2 read Rif and Rosh as disputing this point. | ## Bet Efraim counts 25 rishonim who hold that 600,000 is necessary for a reshut harabbim. They include: Bahag, Rashi, Raavan, Smag, Smak, Roke'ach, Maharam, Rosh, Tur, Mordechai, Sefer Hatrumah, Or Zaruah, Rabbenu Simcha, Rash, Hagahot Maimoni, Hagahot Ashri, Shibolei Haleket, Maharam Rikanti, Aguda, Isur Vheter, Hagahot Iser Vheter, Mahari Vayil, Trumat Hadeshen, Sedah Lderech, Rabbenu Yerucham | ||
###Part of their argument in interperting several rishonim revolves around how to understand the Ritva's explanation of Rashi. Mishkanot Yakov explains that even Rashi meant that 600,000 doesn't actually mean that they need 600,000 people there. It just needs to be a metropolitan area that is open to the masses to live there or visit there for commerce. Bet Efraim argues that the Ritva means that 600,000 do have to live there or travel there with some frequency. If there isn't 600,000 people who live or travel over a period of time<Ref> certainly it isn't a reshut harabbim. He accepts the Ritva's understanding of Rashi. | |||
## Bet Efraim's first argument with the Mishkenot Yakov is whether we hold that ''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. | |||
### Tangentially, Bet Efraim explains that the Rambam holds that it is sufficient to close off a reshut harabbim with doors that could close even though practically they don't close. Furthermore, he explains that perhaps Rif and Rosh agree with this. However, Shiltei Giborim, Tur and Bet Yosef 364:2 read Rif and Rosh as disputing this point. | |||
==Where is it forbidden to carry?== | ==Where is it forbidden to carry?== | ||
