THOUGHTS ON THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
Rosh Kollel: Rav Mordecai Kornfeld
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ERUVIN 90 (10 Av) has been dedicated by Rabbi Dr. Eli Turkel of Ra'anana,
Israel, to the memory of his father, Yisrael Shimon ben Shlomo ha'Levi
1) THE STATUS OF AN UNENCLOSED ROOF
OPINIONS: When many roofs are attached to each other, Rav says that it is
permitted to carry through all of them. The Gemara asks that on the
previous Daf, it was Rav himself who said that one may not carry upon the
roof because the Mechitzos below are not considered to rise up and
surround the roof. The Gemara answers that in this case, the outer wall of
the building is recognizable and is considered to rise up and surround the
roof. Since there is no overhang of the roof over the side of the
building, but rather the end of the roof is flush with the building's
outer wall, the Mechitzah of the outer wall indeed rises and surrounds the
Why would it have been forbidden to carry upon the roof if the outer wall
of the building was *not* a valid Mechitzah for the roof?
(a) RASHI (DH Kasha) explains that it would have been forbidden because of
the people in Reshus ha'Rabim who are right next to the roof. That is, if
the roof has no Mechitzah and it borders on a Reshus ha'Rabim (a place in
which it is forbidden to carry more than four Amos), the roof is Parutz
b'Milu'ah to Reshus ha'Rabim and it becomes forbidden to carry on the roof
just as it is forbidden to carry in Reshus ha'Rabim.
(b) TOSFOS (top of 89b) says that *any area* that is four by four Tefachim
and does not have valid Mechitzos around it is automatically designated a
Karmelis. That is, the Reshus ha'Rabim outside the roof has no effect on
the roof, since it is ten Tefachim or more below it. Rather, since the
roof is without a Mechitzah and has dimensions of four by four Tefachim or
more, it is defined as a Karmelis in which it is prohibited to carry.
(c) Tosfos (ibid.) further suggests that perhaps the Gemara thought that
the roof should be considered a Karmelis because it is more than a Beis
Se'asayim and was not Hukaf l'Dirah. Although the Gemara introduces this
factor only in its answer to the contradiction in Shmuel's teachings, it
might be that the Gemara knew all along that the area of the roofs was
greater than Beis Se'asayim. However, the Gemara thought that Shmuel
maintained that the principle of Gud Asik (viewing the walls to extend
upwards) would not only give the roof a Mechitzah, but would also make it
Hukaf l'Dirah. The Gemara answers that Gud Asik is not able to make an
area Hukaf l'Dirah, according to Shmuel.
2) WHAT DOES AN ERUV ACCOMPLISH?
QUESTION: Rav Yehudah says that according to Rebbi Meir, all roofs are
considered to be one Reshus (and one may carry from one roof to another),
all Chatzeros are considered one Reshus, and all Karpifos are considered
one Reshus. According to the Chachamim, roofs and Chatzeros together are
considered one Reshus (and one may carry from a roof to a Chatzer), and
all Karpifos are considered one Reshus. According to Rebbi Shimon, all
three are considered one Reshus.
Rashi on the Mishnah (89a, DH Rebbi Shimon) says that according to Rebbi
Shimon, an Eruv Chatzeros is needed only to permit carrying utensils from
the *house* into the Chatzer, since it is permitted to move items between
two Chatzeros (and roofs and Karpifos) even without an Eruv. It seems from
Rashi's words that according to Rebbi Meir and the Chachamim, it is
obvious that an Eruv Chatzeros is necessary (and that is why Rashi
emphasized why an Eruv is needed only according to Rebbi Shimon). Why?
Since they hold that all Chatzeros are considered one Reshus, why do they
require an Eruv between two Chatzeros? It must be that they require an
Eruv for the same reason that Rebbi Shimon does -- to permit carrying
utensils from the house into the Chatzer. If so, why does Rashi say this
only according to Rebbi Shimon?
ANSWER: RASHI (end of 90b, DH v'Chatzeros) says that when we say that
Rebbi Meir holds that Chatzeros are one Reshus, that is only with regard
to carrying from a Chatzer Shel Rabim (a public Chatzer, into which a
number of private homes open) to another Chatzer Shel Rabim. It seems
clear from Rashi that Rebbi Meir prohibits carrying from a Chatzer Shel
Yachid (a privately-owned Chatzer) to a Chatzer Shel Rabim. The same
applies to the opinion of the Chachamim. In order to permit carrying from
a private Chatzer to a public Chatzer, Rebbi Meir and the Chachamim
maintain that an Eruv Chatzeros between the two Chatzeros is necessary.
Rebbi Shimon, though, maintains that it is permitted to carry from any
type of Chatzer to any other type of Chatzer, and an Eruv is never
necessary to permit carrying from one Chatzer to another.
This is evident on 91a, where the Gemara says that according to the
Chachamim, it is prohibited to carry from a Chatzer to a Mavoy. The reason
is because a Chatzer compared to a Mavoy is like a private Chatzer
compared to a public one (since the Mavoy is owned by many Chatzeros). (M.