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Eruvin 41

ERUVIN 41 - was generously dedicated by an anonymous donor in Los Angeles.


OPINIONS: The Gemara discusses whether a fast that occurs on Friday is observed in its entirety, until nightfall when Shabbos enters, or whether a person should eat before the end of the fast in order not to enter Shabbos while very hungry. The Gemara concludes that one completes the entire fast. What is the Halachah?
(a) TOSFOS RABEINU PERETZ and other Rishonim explain that the Gemara does not mean that one is *obligated* to fast the entire day on Friday. Rather, it means that it is *permitted* to fast the entire day. However, l'Chatchilah, it is better to eat before Shabbos enters. Tosfos Rabeinu Peretz relates that the RI actually did eat on Asarah b'Teves when it occurred on Friday (Asarah b'Teves is the only fast that can occur on Friday according to our fixed calendar). The TUR (OC 249) cites this opinion.

(b) The RAN in Ta'anis (7a) writes that it is *not* permitted to eat before Shabbos when Asarah b'Teves occurs on Friday. The Gedolei Ashkenaz ruled that way as well, saying that one is *not allowed* to eat on a Ta'anis that falls on Friday until the Ta'anis is over.

(c) The MAHARIL compromises and says that on a public fast day, a person should be stringent and not eat until the fast is over. On an individual, private fast day, however, it is permitted to eat before the fast is over in order not to go into Shabbos while very hungry.

HALACHAH: The REMA (OC 249) rules like the opinion of the Maharil, opinion (c).
OPINIONS: Rabah rules that one who left his Techum of 2000 Amos and was thus restricted to an area of four Amos, may leave his four Amos if he has to relieve himself. The reason is because Kavod ha'Beriyos, human honor, overrides the commandment not to disobey the Rabanan. The Gemara adds that if he is clever, he will take advantage of being permitted to go beyond four Amos and walk all the way back to his Techum. In what situation does this allowance to leave four Amos to go to the bathroom apply?
(a) The ROSH cites RABEINU YEHUDAH BARCELONI who says that the Gemara's permit to leave one's four Amos does *not* apply to one who needs to urinate. It only applies to one who needs to defecate. His reason is because the Gemara in Bechoros (47b) says that "people urinate in public," and thus it is not considered embarrassing to do so and there is no concern for Kavod ha'Beriyos. (Even though his four Amos will be dirtied with his urine, that is not reason enough to permit him to move since the urine will soon be absorbed into the ground and dry.) The ROSH concurs with Rabeinu Yehudah Barceloni and concludes that the permit to leave one's four Amos does *not* apply to one who needs to urinate.

(b) RAV HAI GA'ON, cited by Rabeinu Yehudah Barceloni in the Rosh, suggests that the concern for Kavod ha'Beriyos is not for the person himself who has to relieve himself, but for other people who will see him doing so -- for them it is embarrassing and disgraceful to see someone urinating.

HALACHAH: Regarding leaving one's four Amos to urinate, the SHULCHAN ARUCH (OC 406) brings both opinions, and the MISHNAH BERURAH (406:9) writes that one should follow the more stringent opinion (and not leave his four Amos in order to urinate).

Regarding how far one may walk in order to relieve himself, the ROSH rules that when the Gemara says that once one is leaving his four Amos in order to find a place to relieve himself, he may walk all the way back to his city and reclaim his Techum, this only refers to when he does not find a bathroom before he reaches his city. If, however, he finds a bathroom or other private place before he reaches his city, he must relieve himself there and he may not continue to his city. The Gemara's intention is to say that one who needs to find a bathroom should walk in the *direction* of his city, and not in any other direction, and if he does not find a bathroom before he reaches his city, then he reclaims his Techum.

The ROSH adds that even if, before reaching his city, he finds a private area in which to relieve himself, he is permitted to leave those four Amos if the smell is bad and to continue walking until the smell ends, and if he happens to walk as far as his city, then he reclaims his Techum. This is the Halachah as written in the SHULCHAN ARUCH (OC 406).

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