ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
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Eruvin 89
ERUVIN 88 & 89 have been dedicated by Mrs. G. Turkel
(Rabbi Kornfeld's grandmother) to the memory of her husband,
Yisrael Shimon (Isi) ha'Levi Turkel, who passed away on 10 Av
5780.
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Questions
***** Perek Kol Gagos *****
1)
(a) Rebbi Meir permits carrying from one roof-top to another - provided
the one is not ten Tefachim taller than the other.
(b) The ownership of the one does not disturb the other owner from
carrying from one roof-top to the other - because people do not tend to
use the roofs that much.
(c) The Rabbanan hold - that each roof-top is a separate Reshus, so that,
unless they make an Eruv, each one forbids the other one from carrying.
(d) According to Rebbi Shimon - roofs, courtyards and enclosures are all
considered to be one Reshus for vessels that rested in the courtyard,
though not for vessels that rested in the house.
2)
(a) According to Rebbi Shimon - an Eruv combining the Chatzeros is
necessary for vessels that were carried from the house to the Chatzer (by
means of an Eruv Chatzeros).
(b) Rebbi Meir forbids carrying from one roof to another which is ten
Tefachim higher than it - because of the similarity to a pile in the
Reshus ha'Rabim, for which he decrees every similar case (even a ten
Tefachim tall pillar in the Reshus ha'Yachid).
(3)
(a) Rebbi Meir's decree is confined to a pile, a mound and a pillar, to
things that are *permanently fixed* there - but not to things like a
mortar, a mill or a barrel, which are *not*.
(b) It is possible to carry from one Chatzer to another via a Pesach (but
it is not permitted via the wall of the Chatzer).
4)
(a) Rav restricts carrying on the roof (according to the Chachamim) to
four Amos - because, since each roof is considered a separate Reshus, we
apply the principle that when one Reshus opens completely into another,
the one forbids the other to carry.
(b) Shmuel permits carrying even more than four Amos from one to the
other.
(c) The Machlokes Rav and Shmuel speaks when the roofs are close together,
in such a way that one cannot see the division between the walls.
Otherwise (if the divisions between the houses are clearly visible), even
Rav will agree that we say 'Gud Aseik Mechitzasah', and this will serve to
divide all the roofs. (Note: Shmuel holds 'Gud Aseik Mechitzasah even
through the roof) See also note in 5b.
(d) Rav will learn our Mishnah ('va'Chachamim Omrim, Kol Echad ve'Echad
Reshus Le'atzmo') - not to permit carrying on the entire roof, but to
forbid carrying from one roof to the other, even if it is less than four
Tefachim.
89b---------------------------------------89b
Questions
5)
(a) Shmuel comments on the Mishnah 'Gag Gadol, Samuch le'Katan, ha'Gadol
Mutar, ve'ha'Katan Asur' - 'Lo Shanu Ela she'Yesh Diyurin al Zeh,
ve'Diyurin al Zeh, de'Havya Lah Ha de'Katan Mechitzah Nidreses, Aval Ein
Diyurin al Zeh ve'Al Zeh, Sheneihem Mutarin' (because of 'Gud Aseik
Mechatzasah').
(b) If the walls of the houses concerned were not very close, people would
not walk across from one to the other, and Shmuel would not have called it
'a Mechitzah Nidreses'. (Note: It seems from here, that the walls have to
be well apart before the break between the walls is called visible, and
Rav will agree that we say 'Gud Aseik Mechitzasah' - though it is unclear
as to why this should be so).
(c) What Rav Yosef claimed to have taught his Talmidim was 'Lo Shanu Ela
she'Yesh Mechitzah al Zeh, u'Mechitzah al Zeh, de'Gadol Mishteri
be'Gifufi, ve'Katan Nifratz be'Milu'o, Aval Ein Mechitzah Lo al Zeh ve'Lo
al Zeh, Sheneihem Asurim'.
(d) When Abaye insisted that he had taught them something about 'Diyurin'
- he amended that to 'Lo Shanu Ela she'Yesh Mechitzah Re'uyah le'Dirah al
Zeh, u'Mechitzah Mechitzah Re'uyah le'Dirah al Zeh, de'Gadol Mishteri
be'Gifufi, ve'Katan Nifratz be'Milu'o, Aval Yesh Mechitzah Re'uyah al
ha'Gadol ve'Ein Re'uyah le'Dirah al ha'Katan, Sheneihem Asurim'.
'Mechitzah Re'uyah means a Mechtzah that is firmly fixed and is there to
stay.
6)
Rav Nachman said that if one made a fixed ladder to one's roof, he is
permitted to carry on all the roofs (because he has revealed his mind that
he is making a Chazakah on their property, whereas the others, who did
nothing about it, have demonstrated by their silence that they have
conceded their rights to him. The need for the ladder to be fixed is
similar to the Sevara of Rav Yosef with regard to the wall of the roof.
7)
(a) Abaye says that someone who builds another floor on his roof, with a
Dakah of four Tefachim leading to the next roof is permitted to carry on
all the roofs, for exactly the same reason as Rav Nachman permitted this
by a fixed ladder.
(b) If he were to build a Dakah on the opposite side of his roof, facing
his garden, then he would be forbidden to carry on all the roofs - because
it is clear that he built it in order to keep an eye on his garden, and
had withdrawn from the series of roofs (even according to Rebbi Meir, who
normally considers all the roofs as one).
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