THOUGHTS ON THE DAILY DAF
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Rosh Kollel: Rav Mordecai Kornfeld
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1) HALACHAH: THE TYPE OF MAVOY IN WHICH CARRYING MAY BE PERMITTED
OPINIONS: In order to permit carrying in a Mavoy (with a Lechi or Korah,
and with Shituf Mavo'os), Rav requires that there be at least *two houses*
in *two Chatzeros* opening into the Mavoy. Shmuel says that it is
sufficient to have *one house* in *one Chatzer* opening into the Mavoy,
with *one other house* opening directly into the Mavoy without a Chatzer.
Rebbi Yochanan adds that the other house opening into the Mavoy may even
be an uninhabited Churvah. What is the Halachah?
(a) The Rishonim (TOSFOS 12b, u'Batim; ROSH 6:20; see Beis Yosef OC 363)
rule like Rav, because Rav Nachman (12b) follows the opinion of Rav. Even
though there is a general rule that in the laws of Eruvin, the Halachah
follows the lenient opinion (and Rav is the more stringent opinion here),
that rule applies only when there is an argument between Tana'im, but not
when Amora'im argue. Furthermore, the Gemara (74b) shows that Shmuel
himself accepted Rav's opinion.
HALACHAH: The Poskim (SHULCHAN ARUCH OC 383:26) rule in accordance with
most of the Rishonim, that a Mavoy requires two houses in two Chatzeros in
order to permit carrying in it (a).
(b) However, RABEINU CHANANEL rules like Shmuel and Rebbi Yochanan because
of the rule that in the laws of Eruvin, the Halachah follows the lenient
(c) The RAMBAM (Hilchos Shabbos 17:8) writes that the Mavoy must have more
than one house and more than one Chatzer (see also Rashi on 12b, who also
says that a Mavoy needs two Chatzeros with but *one* house in each
Chatzer, or a total of two houses). The MAGID MISHNAH explains that the
Rambam understood Rav to mean that it is necessary to have two Chatzeros
opening into the Mavoy, and two houses opening into the Mavoy. The houses
need not open into the Chatzeros.
2) TWO JEWS IN A MAVOY WITH A GENTILE
QUESTION: Rav states that if there is a Mavoy with a gentile on one side,
in his own Chatzer, and a Jew on the other side, in his own Chatzer, and
in the back of the Jew's house is a window which opens into another Jew's
house (which does not open into the Chatzer in this Mavoy), the two Jews
may *not* make an Eruv together to permit the second Jew to carry from his
house into the Mavoy, via the window of the first Jew's house. Rav Yosef
adds that Rav's ruling applies to a Chatzer as well. (That is, when a
houses of the gentile and the Jew open into a *Chatzer*, not a Mavoy, and
in the back of the Jew's house is another Jew's house.)
The Gemara says that if Rav Yosef had not told us that Rav's ruling
applies to a Chatzer as well, we might have thought that the reason Rav
does not allow an Eruv to be made to permit carrying into the Mavoy is
because the gentile's Chatzer does not count as a Chatzer.Consequently,
the Jews cannot make a Shituf, because there are not two houses in two
Chatzeros opening into this Mavoy.
If this is what Rav means to say, though, then why did Rav pick a strange
case in which the house of one Jew opens through a window into the back of
the house of another Jew? He should have stated his ruling in a simple
case where there are two Jewish houses opening into the Chatzer or Mavoy;
they cannot make a Shituf together to carry into the Mavoy because the
gentile's Chatzer does not count and thus there are not two Chatzeros in
(a) TOSFOS and other Rishonim cite an answer from RABEINU TAM. Rav wanted
to teach a second Halachah tangentially -- that only when there is a
gentile on the other side of the Mavoy is it prohibited for the Jews to
make a Shituf. But had there been *Jews* on the other side of the Mavoy,
it would have been *permitted* to make a Shituf, even though in this
Chatzer there is only one house. Since there is a second house (behind the
Chatzer) opening into the house in the Chatzer, it is considered as if
there are two houses in the Chatzer, and therefore a Shituf could be made
in such a case.
(b) TOSFOS gives another answer which is the opposite of the first answer.
According to the first answer, the second house which opens into the first
house through a common window is considered to be in the Chatzer, so that
there are two Jewish houses in the Chatzer. According to this answer of
Tosfos, the second house is *not* considered to be opening into the
That is, Rav is not referring to a case where there are simply two
Chatzeros, one of which is a gentile's, and one of which is a Jew's (and
the Jew's house is attached to another Jew's house behind it). Rather,
when Rav says "one side is gentile, and the other side is Jewish," he is
saying that on one side is a *gentile neighborhood* with lots of gentiles
and lots of gentile Chatzeros (with two houses in each), and on one side
is a *Jewish neighborhood* with lots of Chatzeros (but each one has only
one Jewish house in it, and another Jewish house behind it, joining the
first through a window.)
Rav is teaching that since the second house is behind the Chatzer, it is
not considered to be *in* the Chatzer, and *that* is why the Mavoy is not
considered to have two houses in two Chatzeros opening into it. Had the
second Jew been living in the Chatzer itself, the Mavoy would have had two
houses in two Chatzeros opening into it, because there are other Jewish
Chatzeros here as well and all the Jewish Chatzeros have two such houses.
Rav is thus teaching that the gentile Chatzeros do not count (to be
considered two Chatzeros with two houses), *nor* do the Jewish houses
which join the Chatzeros through a window count (to be considered two
houses opening into each of the many Jewish Chatzeros).
(c) TOSFOS answers further that had the second Jew's house opened directly
into the Chatzer, then the Mavoy would contain two Jews and the gentile.
If so, there would have been a different reason why a Shituf could not be
made in such a Mavoy -- because the residence of the gentile forbids a
Shituf/Eruv to be made when two or more Jews live in the same
Mavoy/Chatzer with him (Mishnah 61b). Therefore, Rav said that even in a
case where there is really only *one* Jew living with the gentile (since
the second Jew only opens to the first Jews house, and not to the Chatzer)
and therefore the gentile's house or Chatzer does not forbid the Jew from
carrying in his Chatzer or in the Mavoy, still a Shituf may not be made.
As far as the rules of Shituf are concerned, there must be two Chatzeros
of *Jews* opening into the Mavoy, and here the second Chatzer belongs to a
That is, Rav had to state his ruling in a case where the second Jew's
house was in back and not opening into the Chatzer in order that there not
be the additional problem of the gentile's presence forbidding the Jews
from making an Eruv/Shituf.