Part 17: REBUTTAL TO THE LAWS OF AN ERUV

The Sefer – Page 56:

How shishim ribo is determined

In addition to the question whether shishim ribo is in fact needed to create a reshus harabim, there is also much discussion on how shishim ribo is determined. Does this mean that there must be a total of 600,000 individuals living in the city? Does it mean that they must all use a single road? If so, do they have to use this road every day, or is it sufficient if they use it only occasionally?

Rebuttal: To begin with, it is important to note that the simple understanding of the Shulchan Aruch is that the criterion of shishim ribo is conditional of a street and on a daily basis. There really is not “much discussion” between the poskim regarding how to determine the criterion of shishim ribo. Most poskim follow the simple understanding of the Shulchan Aruch. Even Rav Moshe zt”l admitted that the simple understanding of the Shulchan Aruch is that the criterion of shishim ribo is conditional of a street and on a daily basis ¾ as he posits that the Shulchan Aruch is referring to a sratya ¾ and to say otherwise is a chiddush (Igros Moshe, O.C. 1:139:5).

 

The Sefer – Page 56 (continued):

The domains in the time of Chazal

In the time of Chazal, the alleyways of many cities would typically converge into a single artery. Since all the residents in the city would ultimately access the main road, the daily traffic on the main road would generally reflect the population of the city. Many Rishonim(41) clearly state that if a city has a population of 600,000, then the main street is considered a reshus harabim. However, there are various opinions regarding how this is to be applied to contemporary cities, where the entire city population does not necessarily converge on a single road.

Rebuttal: This is one of the most inimitable paragraphs in the entire sefer. Alas, when the authors have something insightful to say, they miss an opportunity to guide us and apply it to our cities nowadays.

Let us explore this issue further:

The main argument cited by those who claim that the criterion of shishim ribo is conditional on a city (as opposed to a street) is that Rashi, the foremost supporter of this fundament, employs the word ir [city] when mentioning shishim ribo (Eruvin 6a):

ר"ה: משמע רחב שש עשרה אמה ועיר שמצויין בה ששים רבוא

However, there is a simple explanation as to why Rashi makes use of the word “ir” in reference to the criterion of shishim ribo. Rashi expounds in Eruvin 59b:

דרך עיירות להיות פתחי פילושיהן לאורכם ורה"ר עוברת מפתח לפתח וחלוקה לאורכה ... והני דרסי בהך רה"ר ... ורה"ר זו מחברתם שכולם מעורבין בה

Likewise, we find in Tosfos Rid (Eruvin 59b):

דדמי מבוי האמצעי לכל מבואות העיר הפתוחין לעיר, כמו המבוי לחצרות...  כך כל מבואות העיר דורסין על המבוי האמצעי כשרוצין לצאת מן העיר ולהיכנס

Similarly the Smag states (beginning of hilchos Eruvin):

וכן בתוך העיר ימצא רה"ר, כגון שרחוב שלה רחב שש עשרה אמה וכו' ומפולש משער לשער ובוקעין בו ס' רבוא

Rashi, Tosfos Rid, and the Smag are informing us as to how cities were planned. As the authors mentioned, cities in the past had a main road that all residents used to enter and exit the city [because most cities were walled], and this thoroughfare was the reshus harabbim of the city. Consequentially, when Rashi and the Rishonim who follow him use the word city in reference to shishim ribo, they are not signifying that the criterion is conditional on a city but only that the main thoroughfare in a walled city containing shishim ribo would be classified as a reshus harabbim if it is actually traversed by its entire population.

This follows why Tosfos (Eruvin, 6a), Rosh (Eruvin, siman 8), Ritva (Shabbos, 6a), Ran (Eruvin, 6a) and Meiri (Eruvin, 6b), when citing Rashi’s shita regarding shishim ribo, omit the word city because, as defined by Rashi, a city containing shishim ribo is only an example as to how a thoroughfare can support such a population.

Following this, the authors should have extrapolated that since the populace of today’s cities — because they are not walled — make use of many thoroughfares, it is not a given that the main arteries are actually traversed by its entire population. Consequentially, even if a city contains a population of shishim ribo, it is almost certain that no street would be classified as a reshus harabbim since they are not traversed by the city’s entire populace [it should be noted that this is similar to the approach of the Aruch HaShulchan (345:19-22)].

 

The Sefer – Footnote 41:

רש״י עירובין נט. והובא דבריו בתוס׳ ותוס׳ הרא״ש שם, וכן הוא בתוס׳ רי״ד פסחים סט. וז״ל: כרמלית הם שאין דרים בהם ששים רבוא, וכן ברש״י עירובין ו. ד״ה רה״ר כתב ״ועיר שמצויין בה ששים ריבוא." ...

Rebuttal: Contrary to some yungerleit, the authors — following their account of the layout of cities in the time of Chazal — cite these Rishonim who associate ir [city] with the criterion of shishim ribo as evidence that if a city has a population of 600,000, then only the main street could be classified as a reshus harabbim. This is commendable. However, it would be even more admirable if the authors would have followed through (as I mentioned above) in the application of the criterion to today’s large cities. As our cities are not walled, it is almost certain that no street would be classified as a reshus harabbim since they are not traversed by the cities’ entire populace.

 

The Sefer – Footnote 41 (continued):

...וכן הוא בספר העיתים סי׳ צ״ב ד"ה ות״ר וז״ל: מדינות ועיירות שאין בהן ס' ריבוא ואפילו יש בהן ס׳ ריבוא ודלתותיהן ננעלות בלילה אין נעשית רה״ר.

Rebuttal: The fact that the Sefer Ha’itim associates cities with countries is proof that the criterion of shishim ribo is conditional of the street and not the city, otherwise the Itim is contradictory.  If the Itim maintains that a city is a qualifier of the criterion of shishim ribo, how can he state that an entire country would be a qualifier, as well?  This would be in conflict with the Mishnah who refers to an ir [city] shel rabbim, which would seem to be conditional of a city. Moreover, if the Itim upholds that a country is a qualifier of the criterion of shishim ribo, then there would never be a reshus hayachid ever. Most countries contain a population of shishim ribo. Therefore, the Sefer Ha’itim, by associating cities with countries, must only be referring to an example as to how a thoroughfare can support such a population. A city or country that includes a population of shishim ribo could include a central corridor that is traversed by the entire population of the city or country, which would then be classified as a reshus harabbim.