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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. His argument assumes that we hold like rabbanan. Rav Chaim Ozer (Achiezer 4:8) agrees with Chazon Ish's idea that omed merubeh walls can enclose a reshut harabbim mdeoritta. Rav Yonatan Shteif (Teshuvot 68) agrees with Chazon Ish's idea that buildings can form omed merubeh. </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 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. His argument assumes that we hold like rabbanan. Rav Chaim Ozer (Achiezer 4:8) agrees with Chazon Ish's idea that omed merubeh walls can enclose a reshut harabbim mdeoritta. Rav Yonatan Shteif (Teshuvot 68) agrees with Chazon Ish's idea that buildings can form omed merubeh. </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''. Some quote Rav Elyashiv of not allowing relying on the Chazon Ish's approach.<Ref>Yetziyot Hashabbat siman 3 p. 59 quotes that Rav Elyashiv didn't allow an eruv with three walls that were omed merubeh around a reshut harabbim.</ref>
## 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.


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