Hotzaah: Difference between revisions
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→How to Measure 600,000
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====How to Measure 600,000==== | ====How to Measure 600,000==== | ||
#Who does the 600,000 include? | #Who does the 600,000 include? | ||
##It includes men, women, children, and non-Jews. | ##It includes men, women, children, and non-Jews.<ref>[https://www.sefaria.org/Kaf_HaChayim_on_Shulchan_Arukh%2C_Orach_Chayim.345.39.1?vhe=Kaf_Hachayim,_Orach_Chayim_vol._I-IV,_Jerusalem_1910-1933&lang=bi Kaf Hachaim 345:39], Eshel Avraham (at the end of 345 s.v. po), Igrot Moshe 1:139:6 s.v. uma based on Tosfot Eruvin 6a</ref> | ||
##It includes travelers and tourists.<ref>Rashi Eruvin 59a</ref> | ##It includes travelers and tourists.<ref>Rashi Eruvin 59a, Igrot Moshe 1:139:5, 4:87 s.v. v'b'ir</ref> | ||
##It includes people in cars or trains, according to most poskim.<ref>Although Yeshot Malko OC 27 holds that people in trains don't count towards the 600,000 because they are enclosed in a reshut hayachid, Rav Moshe Feinstein (1:139) rejects this completely.</ref> | ##It includes people in cars or trains, according to most poskim.<ref>Although Yeshot Malko OC 27 holds that people in trains don't count towards the 600,000 because they are enclosed in a reshut hayachid, Rav Moshe Feinstein (Igrot Moshe OC 1:139, 5:28:2) rejects this completely.</ref> | ||
##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.<Ref>Igrot Moshe OC 1:139</ref> | ##It includes people in their houses, according to most poskim.<ref>This is the implication of the Bet Efraim and Mishkenot Yakov. Arichat Shulchan Halevi 4 understands that Rav Belsky includes population even indoors but challenges him from Rav Moshe.</ref> 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.<Ref>Igrot Moshe OC 1:139, 4:87</ref> | ||
#Where in the reshut harabbim are the 600,000? | #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.<ref>Rav Belsky in Shulchan Halevi. Yeshuot Malko OC 27 writes that shishim ribo includes everyone who is in the city. Though, he holds that for streets outside the city it is a reshut harabbim without shishim ribo.</ref> | ## 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.<ref>Rav Belsky in Shulchan Halevi. Yeshuot Malko OC 27 writes that shishim ribo includes everyone who is in the city. Though, he holds that for streets outside the city it is a reshut harabbim without shishim ribo.</ref> | ||
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## Some achronim hold that only if there are 600,000 people on a single street that street is not a reshut harabbim.<ref>Arichat Shulchan Halevi n. 4 proves from Bet Meir 5b s.v. bishlama that shishim ribo is judged by every street individually.</ref> | ## Some achronim hold that only if there are 600,000 people on a single street that street is not a reshut harabbim.<ref>Arichat Shulchan Halevi n. 4 proves from Bet Meir 5b s.v. bishlama that shishim ribo is judged by every street individually.</ref> | ||
## Rav Moshe Feinstein holds that only if there are 600,000 people within an area that is 12x12 mil is it a reshut harabbim.<ref>Igrot Moshe 1:139, 4:87</ref> | ## Rav Moshe Feinstein holds that only if there are 600,000 people within an area that is 12x12 mil is it a reshut harabbim.<ref>Igrot Moshe 1:139, 4:87</ref> | ||
#Over what period of | #Over what period of time 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 maintain that unless the 600,000 people are present over the course of one 24 hour day it is not a reshut harabbim.<ref>The simple language of Shulchan Aruch O.C. 345:7 indicates that this view maintains that there must be a presence of 600,000 every day. Mishna Brurah 345:24 challenges this because none of the rishonim who support this view mention that 600,000 must pass there every day. [https://www.sefaria.org/Kaf_HaChayim_on_Shulchan_Arukh%2C_Orach_Chayim.345.40.1?vhe=Kaf_Hachayim,_Orach_Chayim_vol._I-IV,_Jerusalem_1910-1933&lang=bi Kaf Hachaim 345:40] quotes the Levush and Shulchan Aruch Harav who accept Shulchan Aruch simply. Igrot Moshe 1:139 and 4:87 in his own way also accepts this concept that the 600,000 are present in one day. However, [https://www.hebrewbooks.org/pdfpager.aspx?req=1095&st=&pgnum=133 Mishkenot Yakov 121 s.v. v'od] rejects this possibility in understanding Rashi. Bet Efraim 26 also veers from the simple understanding of one day.</ref> | ||
##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 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.<Ref>Igrot Moshe OC 4:87</ref> | ||
##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 need to be present over a long period of time, such as a year, in order to be a reshut harabbim.<ref>Bet Efraim 26</ref> | ||
##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. | ##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.<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=1095&st=&pgnum=133 Mishkenot Yakov 121 s.v. v'od] argues that based on Ritva 22b and Riaz the way to calculate 600,000 is not based on one day or any specific amount of time. Rather as long as theoretically at some point for some need 600,000 could travel there it is a reshut harabbim. He writes that this is very common in his day in many towns that have streets open to neighboring towns. Though, he also uses language that the masses travel there frequently from far away, implying that he limits it to a metropolitan area.</ref> | ||
#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. | #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. Rav Chaim Volozhin<ref>Nishmat Chaim</ref> and Mishkenot Yakov<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=1095&st=&pgnum=157 Mishkenot Yakov 122 s.v. achrei] writes that after seeing the Ramban he accepted it because it was similar to his understanding of Rashi.</ref> are concerned for this opinion, but Rav Moshe Feinstein<ref>Regarding bridges and tunnels Rav Moshe Feinstein (Igrot Moshe 1:139:5 s.v. v'im ken) wasn't sure if they were part of the city to be counted for 600,000 but he didn't consider the possibility that 600,000 is not necessary for a highway.</ref> was not. | ||
====Gaps more than 10 Amot==== | ====Gaps more than 10 Amot==== | ||
#Mishkenot Yakov and Rav Aharon Kotler<Ref>Mishnat Rebbe Aharon 6</ref> hold that a gap more than 10 amot is deoritta. Chazon Ish<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=14336&pgnum=321 Chazon Ish OC 112:1-5]</ref> argues that a gap more than 10 amot is only derabbanan. Bet Efraim holds that a gap of more than 10 amot is derabbanan if there are corners of at least an amah. | #Mishkenot Yakov and Rav Aharon Kotler<Ref>Mishnat Rebbe Aharon 6</ref> hold that a gap more than 10 amot is deoritta. Chazon Ish<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=14336&pgnum=321 Chazon Ish OC 112:1-5]</ref> argues that a gap more than 10 amot is only derabbanan. Bet Efraim holds that a gap of more than 10 amot is derabbanan if there are corners of at least an amah. | ||
