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Eruvin 7

ERUVIN 6-11 - sponsored by a generous grant from an anonymous donor. Kollel Iyun Hadaf is indebted to him for his encouragement and support and prays that Hashem will repay him in kind.


QUESTION: Rav, the Gemara tells us, prohibited carrying in a Mavoy in which a breach stretched across the entire width of the Mavoy's cul-de-sac, and led into a Chatzer. It is permitted to carry in the Chatzer, but not in the Mavoy.

Originally the Gemara thought he prohibited carrying because the Mavoy is considered to be "puncture" from one Reshus ha'Rabim (at its front end) to another (since there is a Reshus ha'Rabim passing by the other end of the Chatzer), but not because he requires an Eruv Chatzeros between the people living off the Mavoy and the people living in the Chatzer. However, the Gemara concludes that the opposite is true: it only needs an Eruv Chatzeros, but the Reshus ha'Rabim on the other side of the Chatzer does not effect the Mavoy.

Rashi (DH Chatzer) explains the original supposition of the Gemara. In the Chatzer it is permitted to carry, he explains, since the Mavoy cannot prohibit the people in the Chatzer that is off the Mavoy, from carrying. However, Rashi tells us, the Chatzer *does* prohibit those in the Mavoy from carrying, since they always tread through the Mavoy and it is considered as if they live in the Mavoy as well as in the Chatzer. The Reshus ha'Rabim at the other end of the Chatzer cannot prohibit carrying, he adds, since there is a 'Pesach' (entranceway) separating it from the Chatzer. Rashi's words are very difficult to understand for a number of reasons:

(a) At this point, the Gemara thinks that the *Reshus ha'Rabim* prohibits carrying in the Mavoy, and *not* the fact that the Mavoy did not make an Eruv Chatzeros with the Chatzer. Why is Rashi writing that the presence of the *Chatzer* prohibits the people in the Mavoy from carrying?

(b) Similarly, why does Rashi conclude that the Reshus ha'Rabim does *not* prohibit people from carrying since there is a Pesach between it and the Chatzer, if the Gemara at present is suggesting the opposite -- that the Reshus ha'Rabim is what causes the prohibition of carrying in the Mavoy!

(c) Also, when Rashi explains why the Chatzeros prohibit carrying in the Mavoy, why does he have to introduce a new idea: that the people in the Chatzer "walk through" the Mavoy and are considered to be dwelling in it? Since the Mavoy is completely open at one end, and that end leads into the Chatzer, it should be prohibited to carry in the Mavoy because of the concept of "Parutz b'Milu'o." As Rashi explained numerous times on this daf (Dh u'Mavoy; DH Kan she'Irvu) such a breach causes the people of the Chatzer to be considered distinct from the Mavoy, but the people in the Mavoy to be considered one with the Chatzer. This has nothing to do with the fact that traffic follows a path from the Chatzer to the Mavoy (and not vice versa)!

(d) Besides, why does Rashi have to explain at all, at this point, why it is prohibited to carry in the Mavoy? Rashi did not even get to that part of the Beraisa yet. At this point he is discussing the reason it is *permitted* to carry in the Chatzer; the *next* Dibur discusses the status of the Mavoy.

Rashi was bothered by the following question: From our Sugya it is clear that if there is a 'Pesach' between the Mavoy and the Chatzer, it is permitted to carry in the Chatzer even when no Eruv Chatzeros or Shitufei Mavo'os exists between the Chazer and Mavoy. Rashi is questioning this statement from every other discussion of Mavoy and Chatzer in this Maseches. Don't we see that every Mavoy must have a Shituf Mavo'os in order to permit the people in to carry in it? Even though there normally is a 'Pesach' between the Mavoy and its outlying Chatzeros, nevertheless they are considered to be one entity, and a Shituf is required in order to carry in the Mavoy. Why, then, should it make a difference if there is or is not a 'Pesach' between the Mavoy and the Chatzer?

Rashi actually addresses this question explicitly on Daf 8a (DH b'Nir'eh). He explains that Chatzeros normally prohibit carrying in the Mavoy into which they open even when there are entranceways between them, since the people of the Chatzeros are "to be found" in the Mavoy. That is, since they must walk through the Mavoy to get to Reshus ha'Rabim, they are considered to be as one with the Mavoy even though an entranceway separates one from the other. In the case under discussion, however, the Mavoy will *not* be become as one with the Chatzer if they are separated by an entranceway, since the people in the Chatzer do *not* usually march through the Mavoy to Reshus ha'Rabim. They normally walk out to Reshus ha'Rabim through a different exit; it just happens that the wall between the Mavoy and the Chatzer *fell down* (Nifretzah), creating a new exit for the people in the Chatzer. In such a case, the Mavoy is automatically considered to be as one with the Chatzer *only* if the two are not separated by an entranceway ("Pesach").

This is Rashi's intention in our Sugya as well. To address our questions, in order:

(a) Rashi never meant to suggest that the breach to the *Chatzer* is what causes the prohibition of carrying in the Mavoy in the case in our Sugya. What he meant is that in a *normal* Mavoy, the Chatzeiros cause a prohibition of carrying in the Mavoy.

(b) Rashi's statement that the opening to Reshus ha'Rabim does not prohibit carrying was not addressing the *Mavoy*, but the *Chatzer*. It is permitted to carry in the Chatzer under discussion, since the Reshus ha'Rabim is separated from it by an entranceway ("Pesach"). The Gemara thought that the breach to Reshus ha'Rabim prohibits the people in the *Mavoy* from carrying since it makes the Mavoy *look* like a Mavoy Mefulash (a Mavoy that pierces from one Reshus ha'Rabim to another), as Rashi writes later (DH u'Mavoy), even if it really is not one. (If it would really be a Mavoy Mefulash, it would have to be prohibited to carry in the Chatzer as well, see Rashi 8b DH ule'Raba.)

(c) Rashi introduces the concept that because the people in the Chatzer "walk through" the Mavoy they are considered to be dwelling in it to explain why a normal Chatzer causes it to become prohibited to carry in a normal Mavoy, *even though* they are separated by an entranceway ("Pesach").

(d) Rashi discusses the prohibition of carrying in a normal Mavoy at this point, in order to explain why an entranceway ("Pesach") permits carrying in the Chatzer in our Sugya, if it does not normally permit carrying in a Mavoy which is separated from a Chatzer by an entranceway.

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