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Eruvin 93

ERUVIN 92, 93 - have been dedicated by Mrs. Rita Grunberger of Queens, N.Y., in loving memory of her late husband, Yitzchok Yakov ben Eliyahu Grunberger. Mr Grunberger helped many people quietly in an unassuming manner and is sorely missed by all who knew him.


QUESTION: If a wall separating between two Chatzeros fell down, it is the opinion of Rav that one may not carry in either Chatzer more than four Amos, like in a Karmelis.

Why is it prohibited to carry in the Chatzer? Rav rules like Rebbi Shimon (90a) and permits carrying utensils which were always in the Chatzer from one Chatzer to another, since all Chatzeros are considered one Reshus. Why, then, should it be prohibited to carry in the Chatzer when a wall between the two Chatzeros fell down?


(a) RASHI answers that the only time that one may carry from one Chatzer to an adjacent Chatzer is when they did not make individual Eruvin to permit carrying in their respective Chatzeros. Here, though, each Chatzer *made its own Eruv*, and therefore the residents of each Chatzer are permitted to carry items from their homes into the Chatzer. Since the items of the house are found in the Chatzer, Rav maintains that there is a decree forbidding carrying *anything* from one Chatzer to another, lest one carry out items that were in the house when Shabbos arrived (which are forbidden to be carried from one Chatzer to another). Rav is thus consistent with his opinion earlier (91a), that Rebbi Shimon does not permit carrying from one Chatzer to another when the houses in the Chatzer made an Eruv, permitting items to be carried from the houses into the Chatzer.

(b) TOSFOS (DH Ein) explains that the Halachah will apply whether or not the Chatzeros made for themselves Eruvei Chatzeros. When Rav says that one may not carry in the Chatzer more than four Amos, he is referring only to utensils that were originally in the house and were moved to the Chatzer. Although it is normally permitted to carry such items in the Chatzer to which their house opens (see Insights to Eruvin 91), in this case the Chatzer to which the house opens is Parutz b'Milu'o, open on one entire side (the side of the broken Mechitzah), to a Chatzer in which these utensils may *not* be carried. This prohibits carrying them in the first Chatzer as well.

However, utensils which were in the first Chatzer at the onset of Shabbos *may* be carried throughout that Chatzer and the adjacent Chatzer, because of Rebbi Shimon's ruling that all Chatzeros are like one. That is, with regard to those utensils, the adjacent Chatzer is not a forbidden area, and it does not forbid carrying in the first Chatzer.

It is evident from Tosfos that when a Chatzer is Parutz b'Milu'o to a place in which it is *selectively* prohibited to carry, it is considered to be Parutz b'Milu'o l'Makom he'Asur Lah (open on an entire side to a place into which one may not carry) for a certain *type* of carrying, while other types of carrying remain permitted in both areas.

Rashi argues with this principle of Tosfos in a number of places in the Maseches. He does not agree that a Chatzer can be considered open to an area in which it is forbidden to carry with regard to certain utensils, or types of carrying, but open to an area in which it is permitted to carry with regard to other utensils, or types of carrying. (See 42a, regarding the case of the gentiles who built Mechitzos around a Jew on Shabbos, where Rashi maintains that an area cannot be called "Parutz b'Milu'o le'Makom ha'Asur Lo" unless it is open to a place where one cannot carry *anything*. If one may carry some types of items to that area, it is not called a Makom ha'Asur Lo at all.) In the case of our Gemara, as far as the utensils of the *Chatzer* are concerned, the other Chatzer is a Makom ha'Mutar Lo, and therefore it cannot be considered a Makom ha'Asur Lo *at all*, even for the utensils of the house.

TOSFOS (42a, DH u'Metaltel; 42b, DH Lo; 89a, DH Rav), on the other hand, maintains that even if the adjacent area has a partial use, then for those items which are permitted to be carried there it is considered a Makom ha'Mutar Lo, and for those items that may not be carried to that other Reshus, it is considered a Makom ha'Asur Lo.

(The Gadol of Minsk in Sefer Yisron ha'Or printed at the end of the Mishnayos, Eruvin 9:1, see also Rav Chaim Dickman's notes on Tosfos Rabeinu Peretz.)

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