I was recently forwarded a message written
by one who claims to know the sugya of eruvin. Among other shtusim,
he mentioned the following:
“I recently saw a review of a pro eruv person on a certain sefer on Eruvin,
and he asks on the Mechaber of that Sefer, why that Mechaber even brings down
this Machlokes Horishonim about Shishim Ribui, if it is not even nogeah, since
we Lehalocho dont Pasken like this Shita, as it has already been accepted in
all the Achronim? Such a question is a basic reflection of a certain attitude
to the entire discussion.”
He is clearly referring to my rebuttal of
the Laws of an Eruv. As usual, this individual has a reading
comprehension issue. This is what I wrote:
The Sefer [The Laws of Eruv] – Page 54 (continued):
Additionally, there is a disagreement among Rishonim whether there is an
additional requirement of shishim ribo, the presence of 600,000 individuals,
similar to the encampment in the desert, which was populated by 600,000
individuals (the concept of shishim ribo will be explained below).
Rebuttal: It is fascinating that so many piskei
halachah seforim today feel a need to mention that there is a machlokes
Rishonim regarding shishim ribo. Why do these
authors deem it important to cite a machlokes Rishonim when,
in fact, it is the Achronim whom we follow? If the authors
feel a need to mention that this issue is mired in a disagreement, then they
should have stated in the text that there is a machlokes Achronim regarding
the criterion of shishim ribo, and then only mention that this
disagreement is based on the Rishonim in the footnote.
[Evidently, the reason why this disagreement is always mentioned is because of
the fact that the Mishnah Berurah spends a considerable amount
of time on this machlokes in the Bi’ur Halachah,
345:7. However, since it is well known that the Mishnah Berurah’s list
has been superseded, there really is no reason to mention this disagreement
anymore.]
To spell it out: The reason why these piskei
halachah seforim write about the machlokes Rishonim is because
they are trying to sow doubt for the heter of large city eruvin.
When one mentions a machlokes Rishonim, it sounds like there is a real possibility
that the criterion was not accepted l’halachah. This is the crux of why these seforim
mention the Rishonim.
Furthermore, I clearly write that there is
a machlokas Achronim. Evidently, this message poster has a reading
comprehension issue. As to his argument that my argument is a, “basic
reflection of a certain attitude to the entire discussion,” well, mum
shebuch al tomer lechavercha. One whose entire “attitude” is how can
we find reason to negate an eruv is accusing one who is pro-eruv
as having a, “certain attitude.” The hypocrisy is palpable.
Then, again, after reading what this self-proclaimed
gaon in everything and what other members of his family have to say, I
will add that they simply do not know what they are talking about. They demonstrate
a lack of havana in the sugya, particularly with their argument regarding
pirtzos tes-zayin. They demonstrate that they learnt much of the inyan
through lekutim and not from source material. There is so much fodder to
dismantle. I truly hope that others will do the job.
I reiterate: The criterion of shishim
ribo is accepted, l’chatchila, according to the vast majority of poskim.
Either we accept that the minhag was to uphold this fundament of a reshus
harabbim or that we now know that it was accepted by all Rishonim of
Tzarfas and Ashkenaz (we now know [through kisvei yados] that this includes
the Rashbam and Rabbeinu Tam). It’s important to note that
when the Ritva on Mesches Eruvin was first published in 1729, it
influenced many of the poskim regarding shitas Rashi. The Ritva
(59a) argued that most poskim (Rishonim) disagreed with shitas
Rashi, including Rabbeinu Tam. Following this Ritva, some poskim
were reluctant to rely on the criterion of shishim ribo [e.g. Bais
Meir, Mishkenos Yaakov/Mishnah Berurah, and the Tzemach
Tzedek].
To read into earlier Achronim that
the criterion of mefulash u’mechavanim is conditional of a walled city
is am haaratzus. To argue that the Bais Ephraim, or any other posek,
maintains that pirtzos tes-zayin is me’d’Oraysa is am haarazus
(even the Mishkenos Yaakov had to admit that this is incorrect; it is
not a shiur pirtzah).
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