Hotzaah: Difference between revisions

#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, and Mayim Rabbim 34-35 follow rabbanan. </ref> That is the position of the Bet Efraim<ref>Bet Efraim 26-27</ref> and Chazon Ish.<ref>Chazon Ish OC 107:4</ref> 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.

## 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,<ref>Biur Halacha 364:2 s.v. vachar</ref> the eruv is valid mdeoritta. Mishkenot Yakov, Bet Efraim,<ref>Bet Efraim 27 s.v. v'ata avo</ref> Rav Moshe Feinstein,<Ref>Igrot Moshe OC 1:139 requires doors where there is a reshut harabbim or even a karmelit with a lot of people traveling.</ref> and Chazon Ish<ref>Chazon Ish OC 74:4</ref> argue even within rabbanan.

#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.