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Introduction to the Modern Eruv: Difference between revisions
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==Explanations of the ''tzurat ha-petah'' enclosure== | ==Explanations of the ''tzurat ha-petah'' enclosure== | ||
<p class="indent">From a biblical perspective, there are two well-defined types of domains: ''reshut ha-yahid'' (a private domain) and ''reshut ha-rabbim'' (a public domain). Any other area is considered a ''makom patur'' (an exempt area). The definition of a ''reshut ha-yahid'' is an area with the minimum measurement of 4 ''tefahim ''by 4 ''tefahim''<ref name="ftn2"> A ''tefah'', or handbreadth, is a measure of length between 3 and 4 inches. An ''ammah,'' or cubit, is a measure of length between 18 and 24 inches.</ref> that is surrounded by walls of 10 ''tefahim'' high. A ''reshut ha-rabbim'', on the other hand,'' ''is a street that is at least 16 ''ammot''< | <p class="indent">From a biblical perspective, there are two well-defined types of domains: ''reshut ha-yahid'' (a private domain) and ''reshut ha-rabbim'' (a public domain). Any other area is considered a ''makom patur'' (an exempt area). The definition of a ''reshut ha-yahid'' is an area with the minimum measurement of 4 ''tefahim ''by 4 ''tefahim''<ref name="ftn2"> A ''tefah'', or handbreadth, is a measure of length between 3 and 4 inches. An ''ammah,'' or cubit, is a measure of length between 18 and 24 inches.</ref> that is surrounded by walls of 10 ''tefahim'' high. A ''reshut ha-rabbim'', on the other hand,'' ''is a street that is at least 16 ''ammot''<ref name="ftn2"></ref> wide. An open field, then, which is neither enclosed nor used by the public, is considered a ''makom patur'' on a biblical level. The biblical prohibition of [[carrying]] an item from one domain to another only applies to from a reshut ha-yahid to a reshut ha-rabbim or vice versa. [[Carrying]] between a ''makom patur'' and a ''reshut ha-rabbim'', or between a ''makom patur'' and a ''reshut ha-yahid'', would be permitted on a biblical level. To avoid inadvertent violations of ''[[Shabbat]],'' however, the rabbis introduced a fourth type of domain called a ''karmelit''. This category includes some areas that would be considered a ''reshut ha-yahid'' on a biblical level and some areas that would be considered a ''makom patur'' on a biblical level. Continuing with our example, while an open field is a biblical ''makom patur'', on a rabbinic level it is a ''karmelit''. The rabbis forbade [[carrying]] from a ''karmelit'' to a ''reshut ha-yahid'' or ''reshut ha-rabbim''. In effect we treat a ''karmelit'' like a “public domain” on a rabbinic level.<sup> </sup><ref name="ftn3"> ''[[Shabbat]]'' 6a, Rambam'' Hilkhot [[Shabbat]]'' 14:1-7, ''Shulhan Arukh Orah Hayyim'' 345, ''Shulhan Arukh ha-Rav'' 345:19, ''Mishna Brurah'' (Introduction to 345), ''Arukh ha-Shulhan'' ''Orah Hayyim'' 345:1.</ref></p> | ||
<p class="indent"> Although Orthodox Jews generally observe rabbinic enactments with the same zeal as they would observe biblical commandments, the laws of ''eruvin ''demonstrate an exception to that principle<nowiki>; significant leniencies are based on the fact that many of its details are only rabbinic in nature. There is a general assumption amongst the </nowiki>''poskim'' (rabbinic authorities) that an enclosure created by several ''tzurot ha-petah'' would not be sufficient to circumvent a biblical prohibition against [[carrying]] on ''[[Shabbat]]''. Only once the area can be determined to be a ''makom patur''—an area from which [[carrying]] to a'' reshut ha-yahid'' or'' reshut ha-rabbim ''entails a rabbinic, and not biblical, prohibition—can the construction of an eruv using the ''tzurat ha-petah ''ensue. In other words, a ''tzurat'' ''ha-petah'' is effective as long as one can be sure that the area is not a true ''reshut'' ''ha-rabbim''. There are two reasons offered for this assumption. </p> | <p class="indent"> Although Orthodox Jews generally observe rabbinic enactments with the same zeal as they would observe biblical commandments, the laws of ''eruvin ''demonstrate an exception to that principle<nowiki>; significant leniencies are based on the fact that many of its details are only rabbinic in nature. There is a general assumption amongst the </nowiki>''poskim'' (rabbinic authorities) that an enclosure created by several ''tzurot ha-petah'' would not be sufficient to circumvent a biblical prohibition against [[carrying]] on ''[[Shabbat]]''. Only once the area can be determined to be a ''makom patur''—an area from which [[carrying]] to a'' reshut ha-yahid'' or'' reshut ha-rabbim ''entails a rabbinic, and not biblical, prohibition—can the construction of an eruv using the ''tzurat ha-petah ''ensue. In other words, a ''tzurat'' ''ha-petah'' is effective as long as one can be sure that the area is not a true ''reshut'' ''ha-rabbim''. There are two reasons offered for this assumption. </p> | ||
<p class="indent">Rabbi Yosef Teomim, author of an important commentary on the ''Shulhan Arukh'' called the ''Pri Megadim'', raised the possibility that the ''tzurat ha-petah ''is only effective in enclosing an area according to rabbinic law. According to biblical law, however, the ''tzurat ha-petah'' is ineffective. Subsequently, using a ''tzurat ha-petah'' to enclose an area that is considered to be a “public domain” on a biblical level would simply be an insufficient means to convert it into a “private domain.” A ''karmelit'', however, is considered a ''makom patur'' on a biblical level and is only considered “public” by the rabbis; thus by erecting a rabbinically sanctioned enclosure, one successfully converts it into a “private domain.”<ref name="ftn4"> ''Bi’ur Halakhah'' 362:10 s.v. ''ke-she-kol'' cites the opinion of the ''Pri Megadim''. See also ''Bi’ur Halakhah'' 364:2 s.v. ''ve-ahar''. </ref> </p> | <p class="indent">Rabbi Yosef Teomim, author of an important commentary on the ''Shulhan Arukh'' called the ''Pri Megadim'', raised the possibility that the ''tzurat ha-petah ''is only effective in enclosing an area according to rabbinic law. According to biblical law, however, the ''tzurat ha-petah'' is ineffective. Subsequently, using a ''tzurat ha-petah'' to enclose an area that is considered to be a “public domain” on a biblical level would simply be an insufficient means to convert it into a “private domain.” A ''karmelit'', however, is considered a ''makom patur'' on a biblical level and is only considered “public” by the rabbis; thus by erecting a rabbinically sanctioned enclosure, one successfully converts it into a “private domain.”<ref name="ftn4"> ''Bi’ur Halakhah'' 362:10 s.v. ''ke-she-kol'' cites the opinion of the ''Pri Megadim''. See also ''Bi’ur Halakhah'' 364:2 s.v. ''ve-ahar''. </ref> </p> | ||
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[[Category:Shabbat]] | [[Category:Shabbat]] | ||
[[Category:Eruvin]] | [[Category:Eruvin]] | ||
{{Shabbat Table}} | |||
