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Eruvin 91

ERUVIN 91 - has been dedicated to the memory of Dr. Simcha Bekelnitzky (Simcha Gedalya ben Shraga Feibush) of Queens N.Y. by his wife and daughters on his first Yarzeit (7 Av).
Well known in the community for his Chesed and Tzedakah,
he will long be remembered.


Rav and Shmuel both rule in accordance with the opinion of Rebbi Shimon, who says that one may carry from one Chatzer to another without an Eruv joining the Chatzeros together since all Chatzeros are considered one Reshus. However, they argue whether Rebbi Shimon permits carrying from one Chatzer to another even in a case when the houses in the Chatzer made an Eruv. Rav says that since the Eruv permits carrying utensils from the house into the Chatzer, one may *not* carry anything from one Chatzer to another (without an Eruv between the Chatzeros), because one might think that it is even permitted to carry the utensils that came from the house into another Chatzer, and that is definitely prohibited. Shmuel says that Rebbi Shimon does not make such a Gezeirah, and even though there are utensils in the Chatzer which came from the house (which may *not* be carried to another Chatzer), one may still carry utensils that were always in this Chatzer into another Chatzter.

The SHULCHAN ARUCH (OC 372:1) rules like Rebbi Shimon according to Shmuel, that one may carry utensils that were in the Chatzer into another Chatzer even when an Eruv was made in the first Chatzer and there are utensils that started Shabbos in the house in the Chatzer.

OPINIONS: What is the Halachah with regard to carrying in the Chatzer utensils that were brought from the house into the Chatzer *without* an Eruv? That is, when there was no Eruv and utensils were brought from the house into the Chatzer in a permissible way (e.g. one wore an article of clothing into the Chatzer and removed it there), or even when one transgressed and brought them out b'Isur, may one carry the utensils throughout the Chatzer once they are there, or is one limited to carrying them less than four Amos in the Chatzer, since it has no Eruv?

(Our questions only pertains to carrying the utensils inside of the Chazter that belongs to the house from which they were taken. It is clear that the utensils may not be moved from that Chatzer to another Chatzer, since they began Shabbos inside of a house and there is no Eruv combining the two Chatzeros.)

(a) TOSFOS (91b, DH v'Kelim) writes that it is permitted to carry throughout the Chatzer utensils that were brought from the house into the Chatzer without an Eruv. The Gezeirah of the Rabanan against carrying applies only to carrying from one type of Reshus (house) to another (Chatzer) when there is no Eruv, or to carrying utensils that were in the house when Shabbos began into a Chatzer other than the one which belongs to the house from which they were taken. Carrying in the Chatzer which belongs to the house, though, is permitted. This is also the opinion of RASHI in Shabbos (130b, DH Mutar).

(b) The BI'UR HALACHAH (OC 372:1 DH Shema Yetaltel) cites the opinion of the RASHBA in Avodas ha'Kodesh, who forbids carrying the utensils within the Chatzer, because without an Eruv, the Chatzer is similar to Reshus ha'Rabim (since a number of people use it). The Bi'ur Halachah points out that this also appears to be the opinion of the RAMBAM (Hilchos Eruvin 1:1,2,5).

HALACHAH: The BI'UR HALACHAH (loc cit.) cites both opinions but does not render a definitive decision. The CHAZON ISH (OC104:22 DH v'Hilcach), however, writes that there does not appear to be a proper textual or logical source for the Rashba's ruling, and neither is it clear that this is indeed the opinion of the Rambam. Therefore he concludes that one may be lenient and permit carrying utensils that came from the house which were taken into the Chatzer adjoining the house.


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