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Eruvin 9

1) HALACHAH: CARRYING IN A MAVOY DIRECTLY OPPOSITE THE "LECHI"

OPINIONS: Abaye rules that it is prohibited to carry in a Mavoy in the area parallel with the Lechi ("Bein Lechayayim"). Rava argues and maintains that it is permitted to carry in a Mavoy in the area parallel with the Lechi. Rava cites a proof from the ruling of Rebbi Yochanan that an area which is less than four by four Tefachim (a Makom Petur) is not a significant area in itself and is subordinate to the area in which it is found.

An area which is greater than four by four Tefachim is not a Makom Petur and one may not transfer an object from one Reshus into such an area. If so, what will Rava rule if the area parallel to the Lechi is more than four Tefachim long (that is, the Lechi itself is more than four Tefachim long)? Will that area be considered a significant area in itself to which it is prohibited to carry?

(a) TOSFOS (8b, DH ha'Kol, and elsewhere) and the RITVA and Rishonim say that Rava will agree with Abaye that in such a case it is prohibited to carry in the area opposite the Lechi.

(b) The RIF rules like Rava and says that it is permitted to carry in the area opposite the Lechi. Yet he does not differentiate between areas less than and more than four Tefachim, which implies that he maintains that Rava permits carrying even if the area opposite the Lechi is four Tefachim.

The RAMBAN (in Milchamos) explains that although Rava cites an argument based on a Lechi which is less than four by four Tefachim, he only used that argument in order to convince Abaye to agree with him at least with regard to an area less than four Tefachim. Rava himself, however, maintains that it is permitted to carry opposite the Lechi even if it is larger than four Tefachim. He permits carrying opposite the Lechi not because it is not considered a significant area in itself, but for another reason -- he maintains that when the Lechi serves as a Mechitzah or as a Heker, it is its *outer* edge which serves as the Mechitzah or Heker, and thus one may carry until the outer edge of the Lechi.

The Rif inferred this from the fact that the Gemara asks a question on Rava's ruling from the case of a Mavoy which was lined (she'Retzafo) with Lechis, in which case Raban Shimon ben Gamliel prohibits carrying past the inner side of the innermost Lechi (since all the Lechis join to form one long one because of Lavud), and the Rabanan prohibit carrying past the inner side of the outermost Lechi (since the Lechis do not join). Why didn't Rava retort that in that case, the Lechis are longer than four Tefachim, and therefore it is not permitted to carry in the area parallel to them. It must be that Rava maintains that it *is* permitted to carry in the area opposite the Lechi even when that area is more than four by four Tefachim. (See TOSFOS DH l'Raban Shimon ben Gamliel, who deals with this question.)

HALACHAH:

(a) The SHULCHAN ARUCH (OC 365:4) rules like the Rif and permits carrying in the area opposite the Lechi even if the Lechi is more than four Tefachim long, provided that the Mavoy opens into a Reshus ha'Rabim and not into a Karmelis as our Gemara says.
(b) The MISHNAH BERURAH (365:25) points out, however, that carrying in the area opposite the Lechi when it is more than four Tefachim is actually a Machlokes Rishonim, since Tosfos argues with the Rif over the status of such an area.
(c) (A third opinion is that of the Ba'al ha'Me'or, who rules like Abaye and prohibits carrying parallel to the Lechi in either case, since Abaye's ruling in this matter is contingent upon his ruling with regard to "Lechi ha'Omed me'Elav" (see Daf 15a and Insights there), and this latter is one of the few cases in which the Halachah actually follows the opinion of Abaye as opposed to Rava.)

9b