2:3C - Does the criterion of
mefulash u’mechavanim pertain to all areas
According to all Rishonim
and most Achronim, to be classified as a reshus harabbim, mavo’os
hamefulashim [and the sratyas included in the city] would be
required to extend and align on both ends through the city limits and to connect
to the sratyas outside of the city. According to some Achronim,
it would be sufficient to classify the mavo’os hamefulashim [and the sratyas
included in the city] as a reshus harabbim if they would open into a karmelis
outside of the city limits. However, according to some Rishonim and Achronim,
platyas would need to be mefulash only if they are bounded by more
than two mechitzos [this is irrelevant today, either because our platyas
are indoors or because they are encompassed on at least three sides by mechitzos
habatim]. Nevertheless, most Rishonim and Achronim do not
make this distinction, and irrespective if the platyas are encompassed
by mechitzos, all areas included in a city would need to be mefulashim
u’mechuvanim m’shaar l’shaar
to be classified as a reshus harabbim.[20]
2:3D - How the criterion of mefulash u’mechavanim can be employed for citywide eruvin
City
roads are classified as mavo’os hamefulashim, and even if [one would
argue that] some of our roads are classified as sratyas and platyas,
since they usually are not aligned from one end of the city to the other, they
are not mefulashim u’mechuvanim m’shaar l’shaar. Consequently, these
areas which are sixteen amos wide fail to meet this criterion; hence,
they cannot be deemed as a reshus harabbim, and tzuras hapesachim
would suffice to enclose the area.
[20] The following is a list
of some of the Rishonim and Achronim who maintain that
irrespective if the platyas are encompassed by mechitzos, all
areas included in a city would need to be mefulashim u’mechuvanim m’shaar
l’shaar to be classified as a reshus harabbim: Rashi (Eruvin
2a); Rambam (14:1); RaaH, (Ran Hamyuchos, Shabbos
6b); Or Zarua, (Hilchos Eruvin siman 164); Semag
(beginning of Hilchos Eruvin); Rosh (Tosfos Eruvin 59a); Smak
(Mitzvah 282 p. 296); Tur (siman 345); Sefer HaNeyar
(Hilchos Eruvin p. 51); Nimukei Yosef (Hilchos Tzitzis, Rif
pagination, daf 14); Levush (364:2); Tosfos Shabbos
(364:4): Bigdei Yesha (364:2), and Tiferes Yisroel (introduction Shabbos).
No comments:
Post a Comment