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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Eruvin 90

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 Turkel.



(a) To ask whether one may carry two Amos on the roof and two Amos on the column, Rami bar Chama must hold like Rav, in whose opinion, carrying four Amos on one roof is prohibited, because the roofs forbid each other.

(b) Since a roof has the Din of a Karmelis according to Rav, and the pillar, a Reshus ha'Yachid, it is obvious that carrying from the one to the other is prohibited.

(c) His Sha'aleh would then be - whether, since neither a roof of a house nor that of a porch are fit for habitation, one should be permitted to carry from one to the other (even if they are owned by two different owners, and even according to the Rabbanan, who forbid carrying from one roof-top to the other, because *there* the residents who live underneath forbid each other to carry, whereas in the case the roof of the porch there are no residents to forbid); or perhaps, the Din of the roof and the roof of the porch will be the same as that of two roofs, where carrying from one to the other is forbidden.

(d) Assuming that carrying from the roof of a porch is permitted, because there are no residents, Rav Bibi bar Abaye asks what the Din will be with regard to carrying from the roof of a ruin to the adjoining roof - underneath, a ruin could be worse, since it is *fit* for habitation (whereas a porch is not), and Chazal may have decreed carrying from the roof of an *un-built* ruin to the roof of a house, because of a *built-up* ruin to the roof. Note: Both a roof, a porch and a ruin have the Din of a Karmelis.

(a) According to Shmuel, both Rebbi Meir, who considers all roofs one Reshus, and the Rabbanan, who consider each roof its own Reshus - mean to permit carrying four Amos but no more.

(b) When Rebbi Meir says 'Reshus Achas le'Chulan' - he means that one is permitted to carry from one to the other, but only four Amos.

(c) On the previous Daf, Rav forbade carrying from one roof to the other because of the division of ownership below, so why does he permit it here?

(d) The answer is because there, there is no demarcation on the roof-top between one roof and the other (as we explained there [see 89a 4c]; whereas here, the roofs are clearly marked, and we will say 'Gud Aseik Mechitzasah'.

(a) In the previous Sugya, Shmuel permitted carrying on all the roofs according to the Rabbanan, who hold that each roof is its own Reshus (because of 'Gud Aseik Mechitzasah'). Consequently, the area of each roof is less than a Beis Sasayim, in which one is permitted to carry. In our Sugya, on the other hand, Shmuel is speaking according to Rebbi Meir, who considers all the roofs to be one Reshus. Consequently, the roofs are considered to be walled only from the outermost walls, in which case the area of the roofs is more than a Beis Sasayim, and carrying more than four Amos is prohibited.

(b) The fact that the houses below are Hukaf le'Dirah, will not help vis- a-vis the roof above - since the walls of the house below were not built to incorporate living on the roof.

(a) Shmuel disagrees with Rav, who permits carrying in a boat that is more than a Beis Sasayim, because it is Hukaf le'Dirah - in *his* opinion, the walls of a boat are not built to live in, but to keep out the water.

(b) Shmuel replied that the Halachah is like Rav.




(a) Rav agrees that if the boat is overturned, one is restricted to four Amos - provided the boat was overturned for technical reasons e.g. to give it another layer of tar. If the purpose was to sleep under it, then there is no reason not to be permitted to carry under the entire boat.

(b) Rav Acha b'rei de'Rava quotes the Machlokes between Rav and Shmuel by a porch in an open field; Rav permits carrying in the entire porch, because he holds 'Pi Tikreh Yored ve'Sosem' - even by a porch which has no walls; whereas Shmuel permits only four Amos, because he holds 'Pi Tikreh Yored ve'Sosem' only when there is at least one proper wall standing, but not where there are no walls at all.

(a) Rav explains that, Rebbi Meir forbids carrying from a roof-top to a courtyard - because of a pile in a Reshus ha'Rabim (as we explained above - 89a).

(b) There is nothing to ask on Rav from the Rabbanan - because, according to them, it is indeed permitted to carry from a roof-top to a courtyard.

(c) The Gemara does not ask why, even according to *Shmuel*, Rebbi Meir does not permit carrying from the roof-top to the courtyard? - because according to Shmuel, the roof-top is considered a Karmelis, whereas the courtyard (even where there is no Eruv) is considered a Reshus ha'Yachid (and it is obvious that carrying from one to the other is prohibited).

(a) The Rabbanan say 'Gagin ve'Chatzeros Reshus Achas, ve'Karfifos Reshus Achas'.

(b) The reason that the Rabbanan forbid carrying from a roof to an enclosure, answers the Gemara - is because the roof may break, and be reduced to less than a Beis Sasayim, transforming it fom a Karmelis to a Reshus ha'Yachid. And we are afraid that they may just continue to carry from the one to the other, like they did before.

(c) The Kashya 'Let carrying from the roof-top (less than four Tefachim) to the enclosure be permitted' (since both, according to Shmuel are considered a Karmelis) will not apply to Rebbi Meir - who forbids carrying from above ten Tefachim to below - even in a Reshus ha'Yachid, because of the decree of 'Tel bi'Reshus ha'Rabim'.

(d) Nor will the Kashya apply according to Rav - since he considers a single roof-top a Reshus ha'Yachid, and it is obvious that carrying from a Reshus ha'Yachid to an enclosure (which is a Karmelis) is forbidden.

(a) According to Rav, it is forbidden to carry from a roof to a *small* enclosure according to the Rabbanan, or from a Chatzer to a Karfaf (even if it is less than a Beis Sasayim) even according to Rebbi Meir - because a Karfaf is normally designated for unusual purposes Consequently, Chazal forbade carrying from a roof or from a Chatzer to it (without an Eruv).

(b) Carrying from a roof to a Chatzer however, or vice-versa, is permitted, since roofs and courtyards are used for similar purposes.

(c) Rav (according to the Rabbanan) considers a series of roofs a Karmelis only Lehachmir (to forbid carrying there more than four Amos), but not Lahakel (to permit carrying less than four Amos from them to a Karfaf) - in that regard, he considers them a Reshus ha'Yachid, from which one is forbidden to carry to a Karmelis.

(d) Rav not consider the roofs a full Karmelis, to carry from them into a ruin or a porch or an enclosure - because a roof is more habitable than a ruin or a porch or an enclosure.

9) The reason that the Rabbanan permitted carrying from one enclosure to another, in spite of the fear that one of them might break and he will continue to carry there (even though now one of them will have become less than a Beis Sasayim, and is therefore a Reshus ha'Yachid) - is because, if one of the enclosures breaks, the broken Mechitzah will be immediately noticeable that it is now less than a Beis Sasayim, and people will be careful (unlike on a roof-top of more than a Beis Sasayim, which is not noticeable unless one is actually standing at the edge of the broken section of roof, and which therefore justifies the decree - because people will continue to carry there, just as they did before).

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