Siman - Eruvin Daf 33
- Eruv in a basket above ten tefachim
In a Baraisa that was brought as the source for the machlokes between Rebbe and the Rabbanon whether d’Rabbanon’s apply during bein hashemashos, Rebbe said that if one placed the eruv in a basket and hung it on a tree, even if it is hanging above ten tefachim from the ground, the eruv is valid. Ravina clarifies that the tree lacked a width of four tefachim and is therefore not a reshus hayachid, and the basket completes the width to a total of four tefachim.
Rebbe views the basket as if it had a width of four tefachim because he holds like Rebbe Meir who holds, חוקקין להשלים, that we imaginarily carve out a solid edifice to achieve the required dimensions. In this case we view part of the tree that is adjoining the basket as if it were hollowed out, thereby extending the width of the basket to a width of four tefachim. Rebbe requires a width of four tefachim because he holds like Rebbe Yehudah who said, בעינן עירוב על גבי מקום ארבעה – We require that the eruv be in a place that is at least four tefachim wide, so that is on a makom chashuv.
- We do not combine the principles of חוקקין להשלים with גוד אחית together
The Gemara asks why the basket is not considered to be a reshus hayachid since halachically it is viewed as if it is four tefachim wide, and therefore the eruv should be invalid because it is no longer accessible from the reshus harabim? This would be in line with what Rebbe Yose b’Rebbe Yehudah said that an area that is elevated ten tefachim high off the ground, and is four tefachim wide, is considered to be a reshus hayachid, based on the principle of גוד אחית – we view the walls of the elevated basket as if they extend down to the ground (and make up a mechitzah of ten tefachim).
The Gemara answers that even Rebbe Yose b’Rebbe Yehudah would agree in this case that the basket is not a reshus hayachid because we must first apply the principle of חוקקין להשלים to make the basket four tefachim wide and then use the principle of גוד אחית to extend the walls downward, and we do not combine these two principles together.
- Tipping the basket
Rebbe Yirmiyah said that the eruv in the basket could be valid even in a tree which is four tefachim wide which gives the tree the din of a reshus hayachid. Seemingly the eruv in the basket would be invalid since it is not accessible to one standing in reshus harabim. Rebbe Yirmiyah explains that a basket is different since he can tilt one end of it downward and bring it within ten tefachim of the ground. This would cause the eruv inside to be transferred from a reshus hayachid to a karmelis, making it accessible to one standing in reshus harabim during bein hashemashos, and therefore it is valid.
