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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=== | ||
# | # Mishkenot Yakov<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=1095&pgnum=113 Responsa n. 120]</ref> makes 2 independent arguments<Ref>One minor argument he tacks on is that 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.</ref> to challenge all communal eruvin using tzurat hapetach. | ||
## He<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=1095&pgnum=116 s.v. v'ad]</ref> | ## He<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=1095&pgnum=116 s.v. v'ad]</ref> enumerates 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. Therefore, our cities irrelevant of its population are a reshut harabbim and a tzurat hapetach doesn't work to enclose a reshut harabbim. | ||
## Even according to those who require a population of 600,000, they agree 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'' (heb. איתי רבים ומבטל מחיצתא; trans. the masses come and nullify the wall). This argument is predicated on the Hagahot Ashri. | ## Even according to those who require a population of 600,000, they agree 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'' (heb. איתי רבים ומבטל מחיצתא; trans. the masses come and nullify the wall). This argument is predicated on the Hagahot Ashri. | ||
#Bet Efraim's<ref>Responsa 26 s.v. u'lifi zeh</ref> defense of modern eruvin is | ## To strengthen his point that even in walled cities a tzurat hapetach is insufficient to close gaps, he argues that a gap of more than 10 amot is deoritta. His biggest proof is that Yerushalayim is considered to be a reshut harabbim in Eruvin 101a and Pesachim 66b, even though it had walls. | ||
## 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, and Rabbenu Yerucham. | #Bet Efraim's<ref>Responsa 26 s.v. u'lifi zeh</ref> defense of modern eruvin is that we follow Rashi that we don't have a reshut harabbim today because our cities lack 600,000 people and the Mishkenot Yakov's understanding of the Hagahot Ashri is incorrect. Furthermore, for walled cities he adds another argument to be lenient since we follow Rabbanan who hold that there's no ''ayti rabbim''. | ||
## Bet Efraim<Ref>26 s.v. vachshava</ref> 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, and Rabbenu Yerucham. | |||
###Part of their argument in interpreting 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>Bet Efraim isn't clear about within what span of time 600,000 must travel to that city. In passing he writes that certainly if 600,000 does not frequent there at least within two years it isn't a reshut harabbim. </ref> certainly it isn't a reshut harabbim. He accepts the Ritva's understanding of Rashi. | ###Part of their argument in interpreting 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>Bet Efraim isn't clear about within what span of time 600,000 must travel to that city. In passing he writes that certainly if 600,000 does not frequent there at least within two years it isn't a reshut harabbim. </ref> certainly it isn't a reshut harabbim. He accepts the Ritva's understanding of Rashi. | ||
## 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> | ## 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,''<ref>Bet Efraim 26 s.v. v'atta navo proves this from the Pirush Mishnayot where he writes that we do not follow Rabbi Yehuda about ''ayti rabbim umevatel mechitzta''. He also shows that this is his position in Hilchot Shabbat 17:33, as already noted by the Maggid Mishna and Hagahot Maimoni there. In paragraph s.v. ach ma shekatuv harashba, he notes that Rashba 3:269 (cited by Kesef Mishna Shabbat 17:10) understood that Rambam paskens like Rabbi Yehuda, however, Bet Efraim brings several proofs against this.</ref> 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.<ref>Bet Efraim 26 s.v. ivra</ref> By making this argument, Bet Efraim undermines Mishkenot Yakov's second argument altogether.<ref>Bet Efraim 26 s.v. teshuva makes this point that Rif and Rosh pasken like rabbanan from the fact that they quote the Mishna Eruvin 22a without comment and rabbanan are the majority opinion. Another proof is from the fact that they quote the Mishna Taharot cited on 8a, which according to the gemara 22b must be understood like rabbanan (26 s.v. v'od nireh). | ||
###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. | * In paragraph s.v. v'acharei he proves that Tosfot Eruvin 6b s.v. vha'amar and Tosfot Yeshanim Shabbat 6a ruled like rabbanan. </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 26 s.v. ach el zeh abit 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. | |||
### 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. | ### 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 denies Mishkenot Yakov's claim and holds that specifically within walled cities even a gap more than 10 amot is not deoritta. His answer for Yerushalayim is that it was only a reshut harabbim when the enemies knocked down parts of the walls and more importantly the corners.<ref>Bet Efraim 27 s.v. v'al kol panim mevu'ar</ref> | |||
===Aruch Hashulchan=== | |||
===Chazon Ish=== | |||
===Rav Moshe Feinstein's approach to Eruvin=== | |||
#Rav Moshe Feinstein's<ref>OC 1:139</ref> view was that it is impossible to make an eruv in a very large city such as Manhattan or Brooklyn. He has several specific reasons for his position and a general reason because it'll lead to mistakes in other places. | |||
##The Rashba holds that any marketplace that is at least 16x16 amot is a reshut harabbim even if it is surrounded by walls.<ref>Bet Efraim 26 s.v. vlifi zeh writes that we don't follow this Rashba either because we hold like rabbanan or we follow Rashi and there isn't a population of 600,000.</ref> He argues that according to one interpretation of Rashi even a city with walls and doors that close at night is a karmelit and an eruv is ineffective. | |||
##Each of the bridges independently could be considered a reshut harabbim or at least a karmelit. On this factor by itself, Rav Moshe feels it would be acceptable to be lenient, but certainly it is proper to be strict in conjunction with his other reason. | |||
##According to one interpretation in Rashi, it is impossible to make an eruv in a large city, so that people don't mistakenly extrapolate from there to allow an eruv in a reshut harabbim. That is why the rabbis of the mishna never made one in Yerushalayim. | |||
===Summary of Modern Poskim=== | |||
====Ramifications of ''Ayti Rabbim''==== | |||
#Several major rishonim including Ramban, Rashba, Ritva, and Meiri explicitly rule like Rabbi Yehuda. According to Ramban, this is also the view of the Rif and by extension the Rosh.<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> However, the Rambam, according to most commentaries, and Tosfot, according to some, argue that the halacha follows Rabbanan. Although Mishkenaot Yakov argues that the halacha follows Rabbi Yehuda because of the Ramban and his understanding the Rif and Rosh, most poskim follow rabbanan.<ref>Chatom Sofer 1:89 s.v. ma nishar, hold like rabbanan. Bet Efraim 26 s.v. vheneh quotes that Magen Avraham 363:30, Chacham Tzvi 37, Mayim Rabbim 34-35 follow rabbanan. </ref> That is the position of the Bet Efraim, Rav Moshe Feinstein, and Chazon Ish. Rav Chaim Volozhin writes that there is what to rely upon to follow rabbanan. Mishna Brurah seems to hold that we do not follow the rabbanan, but their view can be used in conjunction with other factors to validate an eruv. | |||
##According to Rabbi Yehuda, Mishkenot Yakov argues that tzurat hapetach is invalid if it goes over a main street in the town. Bet Efraim argues with this understanding even within Rabbi Yehuda. Mishna Brurah and Chazon Ish are lenient for different reasons. | |||
##If there were ''pasi biraot'' surrounding the city, according to the rabbanan, according to the Bet Efraim, the entire town is a reshut hayachid and a tzurat hapetach eruv works. Avnei Nezer accepted this, but Mishkenot Yakov and Chazon Ish reject this concept for different reasons. | |||
## If there are ''omed merubeh'' walls around a city, according to rabbanan, according to the Chazon Ish, the entire city is a reshut hayachid and a tzurat hapetach eruv works. Bet Efraim and Mishkenot Yakov dispute this understanding even in rabbanan. Rav Moshe Feinstein, Rav Aharon Kotler, and Rav Yisrael Belsky undermine Chazon Ish's position because walls constructed from buildings and other partitions with streets between them are considered ''omed merubeh''. | |||
## If an eruv is made completely of tzurot hapetach, according to the rabbanan, according to the Mishna Brurah, the eruv is valid mdeoritta. Mishkenot Yakov, Bet Efraim, Rav Moshe Feinstein, and Chazon Ish argue even within rabbanan. | |||
====Does Reshut Harabbim Depend on a Population of 600,000?==== | |||
#According to Rashi, a perquisite for a reshut rabbim is that it has a population of 600,000. A slight majority of rishonim accept this position, however, many formidable rishonim disagree. Shulchan Aruch, Chida, and Sephardim generally are strict for this view, however, there is what to rely upon even for Sephardim to rely on Rashi. For Ashkenazim, however, Rama, Magen Avraham, and Taz accept Rashi. While Mishkenot Yakov rejects Rashi's view, Bet Efraim confirms Rashi's opinion. Rav Chaim Volozhin and Rav Moshe Feinstein accepted the minhag to rely on Rashi. Mishna Brurah writes that although no one should protest those who rely on Rashi, someone who is careful in halacha should privately be strict. Chazon Ish, Rav Aharon Kotler, and Rav Belsky were also strict. | |||
====How to Measure 600,000==== | |||
#Who does the 600,000 include? | |||
##It includes men, women, children, and non-Jews. | |||
##It includes travelers and tourists. | |||
##It includes people in cars or trains, according to most poskim. | |||
##It includes people in their houses, according to most poskim. Rav Moshe Feinstein is lenient not to include people in their houses and therefore arrives at a conclusion that a population of 3,000,000 is necessary for a reshut harabbim. | |||
#Where in the reshut harabbim are the 600,000? | |||
## Majority of achronim hold that as long as there are 600,000 people anywhere in the city every street in the city becomes a reshut harabbim. Some include even the population of the nearby cities that the city in question is open to. | |||
## Some achronim hold that only if there are 600,000 people in the area that the eruv encloses is it a reshut harabbim. | |||
## Some achronim hold that only if there are 600,000 people on a single street that street is not a reshut harabbim. | |||
## Rav Moshe Feinstein holds that only if there are 600,000 people within an area that is 12x12 mil is it a reshut harabbim. | |||
#Over what period of what is 600,000 calculated? | |||
##Some achronim maintain that unless the 600,000 people are present over the course of one 24 hour day it is not a reshut harabbim. | |||
##Some achronim restrict this even further and maintain that unless the 600,000 are present for most of the hours of the day during which there is regular daytime activity, it isn't a reshut harabbim. | |||
##Some achronim argue that 600,000 need to be present over a long period of time, such as a year, in order to be a reshut harabbim. | |||
##Some achronim argue that 600,000 includes people over any amount of time as long as theoretically for a special event or certain need 600,000 could come there in one day. According to this suggestion almost any public street is a reshut harabbim. | |||
#The Ramban suggests that even for Rashi a highway outside of a town is a reshut harabbim even if it lacks a population of 600,000. Rosh disagrees and holds that according to Rashi a reshut harabbim always depends on a population of 600,000. | |||
===Applications to Specific City Eruvin=== | |||
====Manhattan==== | |||
#Rav Moshe Feinstein objected to any eruv in Manhattan because of specific issues with the walls and more generally because if they did people would mistakenly learn from there that it is possible to make an eruv in a reshut harabbim. Originally he was willing to accept that others could argue with him, after the 1962 agudas harabbanim convention which concluded that it was forbidden to make an eruv in Manhattan, he wrote this more forcefully that no one should make an eruv in Manhattan. | |||
====Brooklyn==== | |||
#Rav Moshe Feinstein rejected the possibility of an eruv in Brooklyn because it had a population close to 3,000,000, which in his view would disallow relying on Rashi. Additionally, even if it didn't have that population it is still forbidden to make an eruv in such a big city because people will mistakenly learn from there that it is possible to make an eruv in a reshut harabbim.<ref>Igrot Moshe OC 1:138-9</ref> | |||
====Chicago==== | |||
#Rav Ben Tzion Wosner<ref>Shevet Halevi 8:177(2)</ref> explains why he allowed an eruv in West Rogers Park, Chicago. His primary reason was that it had 3 walls because of rivers and trains and only needed fixing with tzurot hapetach in some locations. Additionally, he held that 600,000 is defined by the location that the eruv encloses and West Rogers Park itself certainly has a population less than 600,000. | |||
====Los Angeles==== | |||
# Rav Ovadia Yosef<ref>Yabia Omer OC 9:33</ref> allowed an eruv in Los Angeles on the basis of numerous leniencies in eruvin. He quotes the Chazon Ish regarding omed merubeh, Yeshuot Malko about cars and trains, as well as the Mishna Brurah's approach within Rambam. He doesn't indicate which of the above leniencies is the primary one but altogether he felt that there is room, even for Sephardim, to rely on an eruv even in a very large city such as LA. | |||
==Where is it forbidden to carry?== | ==Where is it forbidden to carry?== | ||
