Hotzaah: Difference between revisions
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##According to Rabbi Yehuda, Mishkenot Yakov argues that tzurat hapetach is invalid if it goes over a main street in the town.<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=1095&st=&pgnum=118 Mishkenot Yakov 120 s.v. amnam] based on Hagahot Ashri (Eruvin 1:8)</ref> Bet Efraim argues with this understanding even within Rabbi Yehuda.<ref>Bet Efraim 26. Biur Halacha 345:9 s.v. vsheni seems to understand Hagahot Ashri like the Bet Efraim that there's reshut harabbim on both sides.</ref> Chazon Ish<ref>Chazon Ish OC 74:9 is lenient because we don't follow the Hagahot Ashri and ayti rabbim depends on a reshut harabbim.</ref> is also lenient for a different reason. | ##According to Rabbi Yehuda, Mishkenot Yakov argues that tzurat hapetach is invalid if it goes over a main street in the town.<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=1095&st=&pgnum=118 Mishkenot Yakov 120 s.v. amnam] based on Hagahot Ashri (Eruvin 1:8)</ref> Bet Efraim argues with this understanding even within Rabbi Yehuda.<ref>Bet Efraim 26. Biur Halacha 345:9 s.v. vsheni seems to understand Hagahot Ashri like the Bet Efraim that there's reshut harabbim on both sides.</ref> Chazon Ish<ref>Chazon Ish OC 74:9 is lenient because we don't follow the Hagahot Ashri and ayti rabbim depends on a reshut harabbim.</ref> is also lenient for a different reason. | ||
##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<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=1095&st=&pgnum=124 Mishkenot Yakov 121 s.v. hayotzei] rejects this because there are gaps more than 10 amot.</ref> and Chazon Ish<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=14336&st=&pgnum=321 Chazon Ish 112:5 s.v. vbchazon] writes that a gap of more than 10 for rabbanan or 13.3 amot for Rabbi Yehuda is deoritta when making pasi biraot. However, if there is omed merubeh then a gap of ten is only derabbanan.</ref> reject this concept 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<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=1095&st=&pgnum=124 Mishkenot Yakov 121 s.v. hayotzei] rejects this because there are gaps more than 10 amot.</ref> and Chazon Ish<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=14336&st=&pgnum=321 Chazon Ish 112:5 s.v. vbchazon] writes that a gap of more than 10 for rabbanan or 13.3 amot for Rabbi Yehuda is deoritta when making pasi biraot. However, if there is omed merubeh then a gap of ten is only derabbanan.</ref> 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.<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=14336&st=&pgnum=297 Chazon Ish OC 107:5] holds that omed merubeh is much better than pasi biraot and works mdeoritta even if there are gaps more than 10 amot mdeoritta.</ref> Bet Efraim and Mishkenot Yakov dispute this understanding even in rabbanan. Rav Moshe Feinstein,<ref>Rav Moshe Feinstein (Igrot Moshe OC 5:28:3) explained that omed merubeh doesn't work to enclose a street if the walls, such as building walls, were made to allow public traffic to go through.</ref> Rav Aharon Kotler,<Ref>Mishnat Rebbe Aharon 6 explains that omed merubeh can't be constructed from different parts of houses and street walls because omed merubeh can't connect two walls that cross a reshut harabbim, or even a break more than 10 amot. </ref> and Rav Yisrael Belsky<Ref>Rav Belsky (Shulchan Halevi ch. 11) held that omed merubeh can't be made up of disparate pieces of a few houses, buildings, fences, etc since each of them are different entities and not seen as one omed merubeh wall.</ref> undermine Chazon Ish's position because walls constructed from buildings and other partitions with streets between them are considered ''omed merubeh''. | ## 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.<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=14336&st=&pgnum=297 Chazon Ish OC 107:5] holds that omed merubeh is much better than pasi biraot and works mdeoritta even if there are gaps more than 10 amot mdeoritta.</ref> Bet Efraim and Mishkenot Yakov dispute this understanding even in rabbanan. Rav Moshe Feinstein,<ref>Rav Moshe Feinstein (Igrot Moshe OC 5:28:3) explained that omed merubeh doesn't work to enclose a street if the walls, such as building walls, were made to allow public traffic to go through. In Mesoret Moshe v. 1 pp. 124-125 he also quotes that Rav Moshe was vehemently against the Chazon Ish's view on Eruvin because it wasn't how it was assumed until today.</ref> Rav Aharon Kotler,<Ref>Mishnat Rebbe Aharon 6 explains that omed merubeh can't be constructed from different parts of houses and street walls because omed merubeh can't connect two walls that cross a reshut harabbim, or even a break more than 10 amot. </ref> and Rav Yisrael Belsky<Ref>Rav Belsky (Shulchan Halevi ch. 11) held that omed merubeh can't be made up of disparate pieces of a few houses, buildings, fences, etc since each of them are different entities and not seen as one omed merubeh wall.</ref> 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.<ref>[http://eruvonline.blogspot.com/2011/08/arichas-shulchan-halevi-rejoinder-to.html Arichat Shulchan Halevi 1] collects several achronim who think that tzurat hapetach works to enclose a reshut harabbim mdeoritta: Pri Megadim (Rosh Yosef Shabbat 6b), Shulchan Aruch Harav 364:4, Rav Chaim Volozhin (Nishmat Chaim), Geon Yakov (Eruvin 11a), Tzemech Tzedek (end of ch. 5), Eshel Avraham 345), Yeshuot Malko (OC 21), Avnei Nezer 273:16, 279:2, 289:2, Aruch Hashulchan 364:1, and Levush Mordechai OC 4.</ref> Mishkenot Yakov,<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=1095&pgnum=127 Mishkenot Yakov OC 121 s.v. vgam]. In [https://www.hebrewbooks.org/pdfpager.aspx?req=1095&pgnum=129 Mishkenot Yakov OC 121 s.v. vyesh] he quotes that Rashi, Bartenura, Rif, Rosh, Baal Hamoer, Ramban, Rabbenu Efraim, Ritva, Smag, Smak, Raavan, Ri, Maharam, Rashba, Rivash, Ran, Tur, and Shulchan Aruch who hold that to enclose a reshut harabbim doors that close are necessary.</ref> 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. | ## 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.<ref>[http://eruvonline.blogspot.com/2011/08/arichas-shulchan-halevi-rejoinder-to.html Arichat Shulchan Halevi 1] collects several achronim who think that tzurat hapetach works to enclose a reshut harabbim mdeoritta: Pri Megadim (Rosh Yosef Shabbat 6b), Shulchan Aruch Harav 364:4, Rav Chaim Volozhin (Nishmat Chaim), Geon Yakov (Eruvin 11a), Tzemech Tzedek (end of ch. 5), Eshel Avraham 345), Yeshuot Malko (OC 21), Avnei Nezer 273:16, 279:2, 289:2, Aruch Hashulchan 364:1, and Levush Mordechai OC 4.</ref> Mishkenot Yakov,<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=1095&pgnum=127 Mishkenot Yakov OC 121 s.v. vgam]. In [https://www.hebrewbooks.org/pdfpager.aspx?req=1095&pgnum=129 Mishkenot Yakov OC 121 s.v. vyesh] he quotes that Rashi, Bartenura, Rif, Rosh, Baal Hamoer, Ramban, Rabbenu Efraim, Ritva, Smag, Smak, Raavan, Ri, Maharam, Rashba, Rivash, Ran, Tur, and Shulchan Aruch who hold that to enclose a reshut harabbim doors that close are necessary.</ref> 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. | ||
