Sunday, October 02, 2005

The Shulchan Aruch Explained

It seems from the Shulchan Aruch (364:2) that if an area encompassed by walls meets the criteria of a reshus harabbim, it would require, at the minimum delasos reuyos l'hinael and a tzuras hapesach would not be sufficient. However, it’s important to note that the Shulchan Aruch is discussing a situation where the area is enclosed by only two mechitzos (a mavoi, see 364:1) and not a walled city. The first opinion of the Shulchan Aruch, the Rif, maintains that to be considered shem daled mechitzos the delasos would need to be neulos ba’laila. According to the second opinion even delasos reuyos l'hinael would suffice to be considered shem daled mechitzos (Rosh Yosef, Shabbos 6b; Even HaOzer, Eruvin 6a, 22a; Shulchan Aruch HaRav, siman 363:42, 364:4; Bais Ephraim, O.C. 26; Avnei Nezer, O.C. 268:4, 276:1, and Chazon Ish, siman 107:4; see also Part 1: Delasos – Me’d’Oraysa or Me’d’rabbanan).

Therefore, if an area is circumscribed with either shem daled mechitzos or three mechitzos omed merubeh al haparutz the Bais Ephraim and all the poskim who paskin like the Chachamim only require a tzuras hapesach at the pirtzos and not delasos reuyos l'hinael.