Part 3: REBUTTAL TO THE LAWS OF AN ERUV

 2:1 - Rectifying areas that are not encompassed by mechitzos

The above is referring to areas that are enclosed by mechitzos, which are inherently a reshus hayachid me’d’Oraysa. The following is regarding areas that cannot make use of mechitzos:

A tzuras hapesach[8] would reclassify a karmelis as a reshus hayachid. However, regarding a reshus harabbim, the Shulchan Aruch (O.C. 364:2) states that only delasos [doors to close the breaches] would rectify it and not a tzuras hapesach.

There is a machlokes haposkim whether or not the Shulchan Aruch’s requirement of delasos for a reshus harabbim is on a d’Oraysa level or only a requirement me’d’rabbanan.  However, many poskim maintain that only me’d’rabbanan is there a requirement of delasos; me’d’Oraysa, a tzuras hapesach would suffice to reclassify a reshus harabbim as a reshus hayachid.[9] Accordingly, since the requirement of delasos is me’d’rabbanan, we can be lenient [safek d’rabbanan l’kulla] and apply any additional heter to remove the obligation of delasos.[10]

However, since the Shulchan Aruch’s opinion is mired in a machlokes, and even according to the poskim who allow a tzuras hapesach for a reshus harabbim on a d’Oraysa level, we still have to contend with the requirement of delasos me’d’rabbanan, it is essential to establish the classification of an area ― is it or is it not a reshus harabbim? ― in order to ascertain whether or not a tzuras hapesach would suffice on all levels and according to the majority of opinions.

 

2:2A- Areas classified as a reshus harabbim

The Gemara (Shabbos, 6a) cites a Tosefta which states that there are three areas that can be categorized as a reshus harabbim [if they meet all the criteria; see further]: sratya, an intercity road;[11] platya, marketplace; and mavo’os ha’mefulashim, alleyways that open into the sratyas and platyas.[12] Our roads are usually classified as mavo’os hamefulashim since our marketplaces are typically indoors [which are essentially a reshus hayachid][13] and our intercity roads are highways, which are generally not incorporated into our towns.

Therefore, since our roads rarely if ever open on both ends into sratyas and platyas, they are not classified as a reshus harabbim. However, since [some insist that] there is a possibility that we may have sratyas and platyas that our mavo’os hamefulashim can open into, and some poskim also maintain that it would be sufficient to classify mavo’os hamefulashim as a reshus harabbim if they open into a karmelis, therefore, we have to define the criteria that render these areas a reshus harabbim.