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Eruvin 101
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ERUVIN 101 - has been generously dedicated by Rav Mordechai Rabin of
London/Yerushalayim
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101b
1) A LOCK THAT IS A "RESHUS HA'RABIM"
QUESTION: The Beraisa teaches the way one may use a key to open the lock
of a large garden (which is a Karmelis) if the lock itself is a Reshus
ha'Yachid. According to Rebbi Meir, the key may not be used unless the
person unlocking the lock is able to stand in a Reshus ha'Yachid adjoining
the lock. He may not stand in the Karmelis and place a key in a lock which
is a Reshus ha'Yachid, for fear that he may return the key to the Reshus
in which he is standing (a Karmelis), which is prohibited.
Rashi (DH Sha'arei) explains that the lock can become a Reshus ha'Yachid
if it is 4 x 4 Tefachim wide, and raised ten Tefachim in the air. Why does
such a lock qualify as a Reshus ha'Yachid? Throughout the Maseches, we
have learned that the Mechitzos of a Reshus ha'Yachid must reach within
three Tefachim of the ground. If they do not, they are "Mechitzos
shehe'Gediyim Bok'im Bahem," and are disqualified as Mechitzos (according
to all but Rebbi Yosi b'Rebbi Yehudah, Shabbos 5a, Eruvin 33b). Why, then
is a raised 4 x 4 lock considered a Reshus ha'Yachid?
ANSWERS:
(a) The TOSFOS HA'ROSH suggests that perhaps the lock was indeed on a
pedestal of some sort, which was 4 x 4 Tefachim wide all the way to the
ground (or even 3 x 3 Tefachim wide, according to TOSFOS 33a DH
v'Chalkalah).
(b) Alternatively, the Tosfos ha'Rosh suggests that there may have been a
raised [3-Tefach high] mound under the lock, which prevents the goats from
passing through easily under the lock. In such a case, even the Rabanan of
Rebbi Yosi b'Rebbi Yehudah agree that the lock is a Reshus ha'Yachid (see
Tosfos 33a DH d'Hadar).
(c) The RITVA answers that the lock of the garden was at the edge of a 4 x
4 Tefach awning. Since it was at the edge of a "ceiling," we say "Pi
Tikrah Yord v'Sosem," the edge of the ceiling is extended to the floor,
forming a proper Mechitzah. With regard to Pi Tikrah, we know that Gediyim
Bok'im Bo never prevents the Pi Tikrah from being considered a proper
Mechitzah (see Insights to Eruvin 25:2).
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