Siman - Eruvin Daf 12
- How to adjust an entrance into a chatzeir to carry within
An entrance of a chatzeir that opens into an area that items from the chatzeir cannot be carried into, such as another chatzeir that it did not make an eruv chatzeiros with, or a reshus harabim, needs some type of adjustment in order to permit carrying within the chatzeir. There is a machlokes in a Baraisa regarding what is required. The Tanna Kamma holds, חצר ניתרת בפס אחד – a chatzeir is permitted by placing one board at the side of the entrance to serve as a sidepost. Rebbe holds, בשני פסין – by placing two boards.
There is a machlokes regarding the width of each board.
• Rebbe Yose holds that each board has to be at least three tefachim wide.
• Rebbe Yochanan, as explained by Rebbe Zeira, holds that one has the option of using one post that is four tefachim wide or two posts of any size on each side.
- Sea water entering a breach in a chatzeir
It was taught in a Baraisa, לשון ים הנכנס לחצר – If part of the sea flowed through an opening of a chatzeir wall, if the breach is more than ten amos, one may not take from the water in the chatzeir, because it is considered part of the ocean and it would be taking from a כרמלית to a רשות היחיד.
If the breach was ten amos or less, he can take from the water in the chatzeir, because the opening in the wall is considered a pesach and not a breach, and therefore the water within the chatzeir is considered to be within a reshus hayachid.
The Gemara infers that even if the breach is larger than ten amos, אי אית ליה גדודי – if the breached part of the wall, is not breached under the water, and it is ten tefachim high, the chatzeir retains its status of a reshus hayachid, and he may carry within it, although drawing water from it would still be forbidden.
- The difference between adjusting a mavoi mephulash with a korah or a lechi
Rav Yehudah said that a mavoi which is not fit for shituf , (i.e. a mavoi mephulash ), which one adjusted with a lechi, then one who throws an object into it is chayav for transferring from a reshus harabim into a reshus hayachid. If one adjusted it with a korah, however, then one who throws an object into it is patur. The Gemara says that Rav Yehudah holds that a lechi serves as a mechitzah and the korah serves as a heker. Rashi explains that Rav Yehuda holds three mechitzos are a d’Oraysa, therefore, placement of a lechi, which he holds is a mechitzah, makes it a reshus hayachid. Rabbah held the same position.
Rava said, אחד זה ואחד זה משום היכר – Both of these, (the lechi and the korah) serve as a heker. Therefore, one who threw into the mavoi would not be chayav.
