Hotzaah: Difference between revisions
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→Definition of the 4 domains
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===Moving a Key in an Entranceway=== | ===Moving a Key in an Entranceway=== | ||
#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=== | |||
# 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: | |||
## 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 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 starts by arguing with the weakest point in the Mishkenot Yakov's argument that 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?== | ||
