עירובין א' | צורבא מרבנן - רה | הרב בן ציון אלגאזי

One. Call it easy, even flexible. First of all, before we start the lesson, we must mention what is good in Shabbat Ramat Gan: that yesterday, thank God, we merited to establish a new settlement in the Land of Israel with the power of Torah, and adjacent to it, we are setting up a branch of the Yeshiva, which will eventually become a full-fledged Yeshiva. But we merited yesterday, thank God, to establish it. Congratulations to the People of Israel , the Yeshiva in the Land of Israel, thank God, may the place grow and flourish with God's help. Geva. >> It's amazing, this place is called Geva Shomron, in northern Samaria, a place where no Jewish foot had stepped for decades, thank God, and there we rose yesterday. >> Yes, so thank God we really merited it, there was great excitement, and the Yeshiva is supposed to have at least 300 students, God willing, that is the plan. Okay, let's begin, Rabbotai, we are currently in the laws of Eruvin. We finished the regular laws of Shabbat and we are moving to a labor that is a labor that is, I would say, a bit complex. And why is it complex? Because the labor of transferring from domain to domain is called in the language of the Sages a "poor labor." Why a poor labor? Because usually, all 39 categories of labor on Shabbat are acts of creation. A person takes something that was broken and makes it into something fixed. Excellent. One might take a large thing and fix it, that's all. That is creativity, but in the labor of transferring from domain to domain, from private to public, which is a Torah prohibition. Transferring from one to another involves no creativity; anyone can take an object from here and move it there—the object remains exactly as it was, and yet the Torah forbade it. And this is one of the 39 labors, this is the 39th labor. We learn this from the People of Israel when they traveled in the desert , and thus we learn that there is a Torah prohibition in two ways: one, transferring from domain to domain, private to public and vice versa; and moving four cubits in the public domain —taking an object, uprooting it in the public domain in one place, and placing it in another place in the public domain, he has created an act of transfer within the same domain itself. Now, regarding this definition, it emerges from the Sages that there are actually four domains on Shabbat. Let's look please at the Gemara in Tractate Shabbat, source three before you, page 121: The Gemara says, the Rabbis taught : there are four domains for Shabbat— the private domain, the public domain, the karmelit, and the exempt place. Just as an aside, although the Gemara says four domains for Shabbat, the private and public domains are relevant not only in Shabbat matters, there are other relevant matters; for example, ritual purity and impurity, which apply both in the private domain and the public domain, there is doubt of impurity in a private domain or in a public domain. The public and private domains are a general concept used in many laws, and on Shabbat, the consequence is as severe as the prohibition of stoning—someone who moves from here and places it there, has transgressed a prohibition punishable by stoning. So the Gemara says: there are four domains on Shabbat . What are the domains? The public domain, the private domain, etc. The Gemara asks, what constitutes a private domain? A ditch that is 10 handbreadths deep and four wide. 10 handbreadths in depth or height. Its width is four handbreadths, as is a fence that is ten high. This is a complete private domain (Reshut HaYachid). A private domain, in principle, can be anywhere at all. A private domain doesn't need to be a tent, or some sacrifice they bring to Givat Shmuel or something like that. It's not necessary; even in a public domain, there can be a private domain. If I have an object that meets these dimensions of 10 by 4, then it is a private domain within the public domain . Okay, that defines a private domain perfectly. >> Yes, handbreadths. >> Which handbreadths? Everything is in handbreadths, okay. In contrast, we have the public domain (Reshut HaRabim) . What is a public domain? And here, in fact, a very large dispute arose among the Rishonim regarding the definition of a public domain, to the point that the dispute rolled over into a dispute among the authorities themselves, and even into a dispute between Sephardim and Ashkenazim, to the point that even today, we don't actually know exactly what we rule regarding the public domain, and we don't know—sorry—if the "form of the doorway"(tzurat hapatach) we make around the mountains is effective for Sephardim or not. So here is where the whole story begins; all the confusion today regarding domains and Eruvin starts here. Which public domain? Roads, Rashi says: a highway that people walk on from city to city, a street, and a large plaza— that is a city square where all sorts of markets gather to trade, and thoroughfares that are open from side to side—this is a complete public domain. One may not move from a private domain to a public domain, nor bring from a public domain to a private domain; and if one moved or brought it unintentionally, he is liable for a sin offering; if intentionally, he is liable for excision (Karet) and stoning —no less and no more. So the Gemara says: for us to have a public domain, there must be roads and plazas—large places where the size of both must be a distance of 16 cubits in width (16 cubits is more or less 9 meters), and it must be a thoroughfare open from end to end, and it is, of course, found in the public domain, markets of one width or another. So far, the simple language of the Gemara, both and both. >> That is to say, a very good question. A person who violates a Shabbat prohibition unintentionally is liable for a sin offering. One who violates a prohibition on Shabbat intentionally, without witnesses and warning, is liable for excision (Karet). When there are witnesses and warning, he is liable for stoning. Good that you asked, clear , okay, that means you have an operation, you can do it but just not incur stoning, how? Without witnesses and warning. Make sure things are done nicely. But regarding the third domain, the sea, the valley, the wilderness, and so on, they are called a Carmelit. A Carmelit is a domain that, in practice, does not meet the criteria of a public domain, but is also not a private domain. It occupies a neutral status. The law of a Carmelit is like the law of a public domain by Torah law , but it is only by Rabbinic decree. Therefore, it is forbidden to carry from a private domain to a Carmelit or from a Carmelit to a private domain, and likewise, it is forbidden to carry four cubits within the Carmelit. The last part is a "place of exemption"( Mekom Patur). A place of exemption is something like a private domain that does not meet the criteria of a private domain. So pay close attention: we have two domains by Torah law, two by Rabbinic law, and for each Torah domain , there is an analogue: the analogue to the public domain is the*Karmelit*, and the analogue to the private domain is the*Mekom Patur*(exempt place). So far, the four domains on Shabbat. What is what? >> A good question, the*Nimna*: if something does not meet the criteria of a private domain and I have a*Mekom Patur*in a public area, can I move items from the private domain to a* Karmelit*to a*Mekom Patur*, and from a* Mekom Patur*back into the private domain? Why? Because there is no act of picking up and setting down in a*Mekom Patur*. In the army, for example, when we had a base—ah, all the soldiers here in the army immediately wake up— taking from the jeep into a post. >> Beautiful. See, you have a jeep, the jeep is a private domain, and you transfer it into a post. We used to do that a lot. We had a new artillery camp in the Golan Heights, and we had to move items from the room to the tent on Shabbat. We made a*Mekom Patur*in the middle of the*Karmelit*—we don't have foxes there in the Golan like we do, but—we would make a*Mekom Patur*and move things from the private domain to the*Mekom Patur*, from the*Mekom Patur* to the private domain; once again, we solved all the problems. >> They do this in pairs too. >> There are all kinds of other techniques . We will learn all the techniques, God willing. Ah, yes, it’s always better to have two. Two are always better than one for a change, excellent*Oruchot*. * Oruchot Shabbat*brings the definitions we stated here up to now, and everything is completely simple and clear. If that is the case, let’s move to the*Mechaber*. The*Mechaber*in source five, before that on page 123, writes as follows: By Torah law, one is only liable for carrying out and bringing in, and transferring, transferring from the private domain to the public domain, or from the public domain to the private domain. The Sages forbade moving from a*Karmelit*to the private domain and the public domain, or from them to the*Karmelit*. By Torah law, one is not liable for carrying four cubits in the public domain; the Sages forbade carrying four cubits in a *Karmelit*, as I told you—a*Karmelit* is an analogue to the public domain, and in a*Karmelit*, they are not permitted to give from one to the other . So far, excellent. And the*Mechaber* says in source six: It is forbidden to carry an object less than four cubits, even between the domains, and even in a *Karmelit*. In a*Karmelit*, if there is no*Eruv*, you are forbidden to carry an object less than four cubits. So far, the foundations of the laws of*Eruvin* on Shabbat, beautiful from here. However, we are now in a big problem: how do we define what is a public domain, what is a*Karmelit*? On this point, the*Rishonim*had a very major dispute, as I told you, it created several different methods for how we relate to our cities—the city of Ramat Gan where we are, Tel Aviv, and so on. What are the criteria within the cities we have here now? HaAtzel Street and other similar streets, can one say that HaAtzel Street is a street? It has this criterion, it is. It is thoroughfare-like to a certain extent, from Bnei Brak all the way to HaYarden Street, Yarden, below, beautiful, HaYarden Street, so it is ostensibly a thoroughfare. Right, so ostensibly we have a public domain here. We have two criteria here. But then what? Here the complete mess began. Please look at... at...source eight, and which is a public domain (reshut harabim), its streets and main boulevards, throughways that are open at both ends. That is the public domain. In other words, in the Gemara, there are only two conditions: open at both ends and sixteen amot wide. Is there nothing else? Rashi (Rashi’s commentary, source 10): Public domain means wide, 16 amot, a city. Where it mentions 60 ribo; suddenly Rashi brought a criterion that does not appear in the Gemara. The Gemara spoke of two criteria: 16 amot size and open from end to end. Rashi said no, there must be one more condition: that 60 ribo people pass through it every day. 60 ribo, how much is that? Rabbi Yosef: 600,000 people. And it has no wall, or its public domain is connected, the main gate is open, similar to the banners of the desert. Excellent, so Rashi brought an additional criterion that does not appear in the Gemara. The Rambam remained attached to the literal text of the Gemara, saying: there is no such thing as 60 ribo, what do you need 60 ribo for? It doesn’t appear in the Gemara; he doesn't write it as a criterion. Rambam, source 11: Until the public domain, deserts, forests, flat lands, roads open to them, provided it was sixteen amot wide and had no roof over it. The Rambam did not bring the 600,000 people. A dispute among the Rishonim: Is 600,000 people a day a condition or not a condition? The practical implication: If I say it is not a condition, then those two criteria define a public domain. If I say it is a condition, most places do not have 600,000 people, so it stops being a public domain and becomes something else. The practical implication is very simple: there is the "tzurat hapatach" eruv that everyone knows, right? There is an eruv surrounding the city. Anyone traveling on intercity roads sees columns on the edge of the mountains with a wire pulled over them. Those aren't electric company utility poles; it is simply a " tzurat hapatach" eruv. A "tzurat hapatach" eruv can only help for a karmelit. If I define it as a public domain, the "tzurat hapatach" eruv cannot help them. Period. Meaning, if I go according to the Rambam's criterion, I make a "tzurat hapatach" eruv, I cannot rely on the "tzurat hapatach" eruv. What can I rely on? I need the surroundings of the city to have a wall and a tower. There must be an actual wall, ten handbreadths high, closed from all sides. For us in Yad Binyamin, the whole settlement is fenced with a very high fence that is completely sealed, even at the entrance, closed on Shabbat. With that, ah, even Sephardim among us can carry without issues. But in large cities where you don't have surroundings, you cannot build a wall around the city, so the "tzurat hapatach" cannot help, and here the whole mess begins for the Sephardim, and for the Ashkenazim too. Don’t think you are completely exempt; you will also have a bit of a problem. Look at them. >> If we rely on Rashi's words, we are closed off. >> If we rely...yes, you, but it doesn't look like you can rely on Rashi's words based on your color. Rashi wasn't your color. >> Rashi is Ashkenazi. >> What, Rashi? No, Rashi wasn't Ashkenazi . >> So what is this, what is this in Bnei Brak, all these fences on the sides? >> In Bnei Brak, they also rely on the* tzurat hapesach*(a symbolic doorway). Bnei Brak residents are religious, yes, but there are all sorts of projects that attract people; they are religious , so they also want a*tzurat hapesach* for those who rely on it. Not everyone —there are Sephardim there, too, only Rabbi Mahfud and a few others; the majority are completely Ashkenazi, what — >> 90%voted for Gimmel (UTJ) in the last elections. >> So, completely Ashkenazi, completely Ashkenazi. Look, Rabbi Yisai, at the debate, the*Beit Yosef* 's debate on this point: what constitutes a public domain (*reshut harabim*)? Streets, marketplaces, and so on. He brings Rashi's definition of*reshut harabim*, and in the*Beit Yosef*, he skips to the *Rosh*. The*Rosh*wrote like Rashi, he wrote Rashi's words without disagreement. The*Rosh*also brought this condition, of 600,000 people, without disagreement, implying that he agrees with this, and so it seems from what is written, and so on. Rabbi Yisai skips a bit; he brings here many more* Rishonim*who hold according to Rashi's opinion. He cites the*Sefer Mitzvot Gadol*, *Sefer Mitzvot Katan*, and so wrote the*Rokeach*, and so wrote the* Tosafot*, and as we said, and so on and so forth. Please skip to the next page. But the Rambam's opinion is not so, as he did not mention this condition of 600,000 people. And the Rambam wrote— actually, that is the opinion of the Ramban and the Rashba, and the*Rosh* also agreed with them, and also [it is not] in the Gemara. The Rambam says, there is no hint of this in the Gemara; where did these*Rishonim*get this criterion called the 600,000 people? And so too in the*Hagahot Mordechai*on Masechet Shabbat, and he also wrote that this is not in the books regarding the*reshut harabim*as a place where 600,000 pass through daily. And even though Rashi explains it this way in many places, if it exists, it is impossible that it wouldn't have been mentioned by the Sages. The*Beit Yosef* says, Rashi uses it in several places, this criterion, but excuse me, is there a single time the Gemara mentions this criterion? Not a single time does the Gemara mention it. And the*Rosh*also agreed in his responsa. Therefore, because of this, look at the*Mechaber*( Shulchan Aruch) in source 13, the* Mechaber*says: What is a*reshut harabim *? Streets, marketplaces, thoroughfares —they are not roofed, they have no wall, and even if they have a wall, if they are open from gate to gate, it is a*reshut harabim*. Period. Is there a criterion of 600,000 people? Rabbi Yisrael Yisai: No. And there are those who say that as long as 600,000 do not pass through it daily, it is not a* reshut harabim*. We have a great rule in our hands regarding the words of the *Mechaber*: when there is an anonymous ruling (*stam*) and an "others say"(* yesh omrim*), what is the law? Rabbi Yisai: The*stam*(the anonymous ruling) is the law. This means that the* Mechaber*rules according to the Rambam's system, that any place which has two conditions is considered a* reshut harabim*for all matters. Therefore, for Sephardim, in principle, according to the*Mechaber*, it is impossible to rely on the*tzurat hapesach*, on an*eruv*of*tzurat hapesach*. Period. This means that Sephardim are considered as if they live in a city without an*eruv*, and they are forbidden to carry on Shabbat —the*tallit*, or if they take handkerchiefs or tissues in their hands . But do Sephardim have chains? No, what, chains specifically? Yes, yes. >> Chain. >> The Rabbi found where to live. >> What? >> Yes, yes, based on this I choose the place. You cannot live wherever you want; you need to have a place where you can carry without problems. >> But Rabbi, is there no point where someone explains where Rashi brought this from? After all, it is not from Rashi. >> Yes, Rashi, I will tell you, excellent, yes, excellent, and no, there is no version, I do not know, it is similar to the banners in the wilderness. In the banners of the wilderness, when they went from place to place, there were 600,000 people. Rashi says it is like this. This is how a place should look. 600,000 people walking from end to end, a thoroughfare. That is the source for Rashi's words. Okay? Look at the Aruch HaShulchan and the Shulchan Aruch HaRav, source 14. And based on their words, the custom of the countries spread to be lenient and say that we do not have a complete public domain now. And the Shulchan Aruch HaRav says: Since according to the Mechaber it is in the name of "some say ," meaning Rashi and the Rosh, they brought the condition of 600,000 people ; we do not have 600,000 people in our cities today, therefore there is no problem carrying today based on a " Tzurat HaPetach"(a symbolic doorway). That is what the Shulchan Aruch HaRav says. And the Mishnah Berurah says ( source 15): And regarding the Halacha, from the opinion of the Mechaber who wrote this opinion only in the name of "some say," it implies that the Halacha does not follow it. Therefore, and in any case, we do not have the power to protest those who rely on this opinion, as this opinion is not a lone opinion, as I wrote in the Biur Halacha, and so you should know many Acharonim...and I also want to explain what the Mishnah Berurah says here...The Mishnah Berurah says: It is true, the Mechaber seemingly ruled anonymously, and therefore if there are not 600,000 it does not interest us at all, it turns into...but the Biur Halacha says– which is the Chafetz Chaim himself–he says: I did a check, how many Rishonim say the condition of 600,000 is needed, and how many do not need the condition of 600,000. We find that the majority of the Rishonim say the condition of 600,000 is needed. Simply, the weight ...the weight of the Rishonim. We put the Rishonim on one scale, we put the Rishonim on the other scale; most Rishonim say 600,000 is needed. If so, says the Mishnah Berurah in the Biur Halacha, it turns out that most Rishonim–if this is their condition, if that condition is not met–it is not a public domain, but what is it? It turns into...what? A Karmelit. Which means that for this, a Tzurat HaPetach is also effective. Therefore, the Biur Halacha says: Even the Sephardim who want to be lenient like the opinion of the Rishonim, like Rashi and the Rosh, they have someone to rely on. So also wrote Rabbi Ovadia Yosef. Rabbi Ovadia Yosef has a method, a method throughout his entire rulings; he says: If the Beit Yosef, the Mechaber, had seen the majority of the opinions of the Rishonim, he would have ruled like them . He did not have all the Rishonim that we can see today, like for instance the Meiri, who he does not bring–we see the Meiri and other such Rishonim–had the Mechaber seen all these opinions, he would have ruled according to them. Therefore, you will see in the source provided before you, source 16: Even though today they have established an Eruv in most places in Israel, an Eruv of "Tzurat HaPetach"(form of a doorway) , it is still appropriate and correct to be concerned from the outset for the Sephardic opinions that hold that our public domain today is a public domain by Torah law. Pay attention to the wording: it is appropriate to be concerned from the outset, and for this , the Eruv will not help, so it is appropriate for any G-d-fearing person not to carry at all and not to rely on the...but this is only appropriate, even for Sephardim. Because a Sephardi who wants to rely on the "Tzurat HaPetach"–he has someone to rely on, and most of us Sephardim, most people in Israel I think, rely on them. And within the "Tzurat HaPetach," there are completely righteous people who do not carry, and so on. By the way, Rabbi Ariel shlita said to Ashkenazim as well : If you don't need to carry, don't carry, be concerned for these opinions as well. Meaning, we find that everything here has become a complete mess. But what then? What do Sephardim really rely on in the end? There is...I must tell you a story, a story about " Tzurat HaPetach" in the army. Today there is a "Tzurat HaPetach" kit, an Eruv kit. You come to the...you ask today...the army has progressed everything, by the way, in the Rabbinate, it is very sophisticated. Most meat is "Glatt" meat, all that. I remember that when we used to enlist for reserve duty...a month. Before that , they would call the Rav, we would say : Listen, five of us guys want Glatt meat, he says: No problem, I'll order some for you. The whole reserve service you wait for Glatt meat–there isn't any, it didn't arrive. It didn't arrive . A month after the reserves, you get a call: The meat has arrived, you can come and take it. The same thing, so today it's not like that anymore. Today , thank God, the Military Rabbinate has made a revolution, almost all meat in the army is Glatt because of the competition that exists. That is excellent. Same thing for the Eruv. Would you make an Eruv? Today you have an Eruv kit, you ask the military rabbi for an Eruv kit. It's like a Lulav kit or something, you open it like a Lulav, take out the poles, take out the strings, click, tie them up, easy-peasy . Back then there was no such thing. I remember an incident I had: We were in reserves in Gaza, Tel Sultan, Rafah– may it be remembered for good (G-d willing, it will return to us). We were in Israeli Rafah, opposite Egyptian Rafah, we had a hill there–Tel Sultan . It was a hill, literally Israel's missile line. On Erev Shabbat there was ...it's called an "enclosed hill," so I relied on it. But at the entrance, I needed to make a "Tzurat HaPetach." I put up two poles, I started climbing them to put a string over them. How do you make a "Tzurat HaPetach"? A cane here and a cane here and a cane on top of them, there always needs to be something above. I'm climbing, and within minutes, jeeps of commanders arrive, each jeep with a longer antenna , they screech to a halt, get out: What are you doing? I'm making an Eruv, a " Tzurat HaPetach." Now they don't understand, what, what are we talking about? Eruv, a "doorway" shape? What is this, Chinese to them? They said: " Listen, the Egyptian embassy called, the peace treaty between Israel and Egypt has been broken because a soldier placed cameras up there." Guys, enough, not peace, I know what kind of peace? How would I know? I'm just doing a doorway shape! In short, they wouldn't let me put up the wire, it's a violation of the peace treaty between Israel and Egypt. That, that was back then. Well then, look at the Or LeZion, with this we will finish today's lesson . The Or LeZion, source 21, writes this for Sephardim—the Or LeZion, Rabbi Ben Zion Abba Shaul, of blessed memory, one of the greatest Sephardic sages of our generation: one may be lenient and carry in times of need in towns where they make an eruv using a doorway shape . We have three doubts here, not just one, a doubt within a doubt, a doubt within a doubt within a doubt. How? One doubt: the Rashba and his colleagues, if there aren't 600,000, then the dispute among the Rishonim is one doubt . And even if you were to say that it is considered a public domain, the Rosh and the Ran and their colleagues say a doorway shape works even in a public domain, there are Rishonim who say a doorway shape can...ah, so it could be that the Halacha follows them. And if you were to say that it doesn't work, well, it is proven from the Rambam and the Ravad that by Torah law at least, the standing part is greater than the broken part, and not just a doorway shape, but a gap larger than 10 [cubits ], and according to the Biur Halacha, he found that all our streets are blocked off and considered a private domain, according to the Chazon Ish it may be that all our streets are actually a private domain and not a public domain. Rabbi Ben Zion Abba Shaul says: a doubt within a doubt within a doubt, like whom the Halacha truly is, for Sephardim too, one can be lenient and rely on the doorway shape. Why? Because if they are carrying, go see what the public does, may you merit many years of goodness. May it be accepted. Amen.