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Eruvin 60

1) HALACHAH: THE SIZE OF A "SHIYUR"

Tana'im argue, in our Mishnah, as to the number of houses that have to be left out of an Eruv in an Ir Shel Rabim: 50 residents (Rebbi Yehudah), or 3 courtyards with 2 houses each (Rebbi Shimon). The Gemara records another opinion, that of Rebbi Yitzchak: A single courtyard occupied by but a single house. What is the Halachic ruling on this matter, and how is it practiced today, when making an Eruv for a city?

(a) TOSFOS (DH Gemara) rules in accordance with Rebbi Shimon, since the Gemara explicitly states that his opinion is the Halachic one. Furthermore, it is apparent from Abaye's question that Rebbi Yitzchak is only an Amora, and certainly cannot argue Halachically with Rebbi Shimon. That is why Abaye wanted to know whether Rebbi Yitzchak's statement was based on a tradition, or on logic. If it was based on tradition, there is another opinion among the Tana'im in this matter which ought to be recorded (even if it is not the Halachic one), while if it is a logical proposition, he is simply saying, "*I* would have thought that one house can also be a Shiyur -- but now that I see the Tana'im rule otherwise, my opinion does not matter." (Tosfos DH Gemara)

(b) However, the RIF, RAMBAM, ROSH and other Rishonim follow the ruling of Rebbi Yitzchak, that one courtyard with one house suffices. Their reasoning is (1) because we always follow the more lenient ruling in Eruvin, and (2) because Abaye testified that a grain silo sufficed for a Shiyur in Pumbedisa. (Tosfos, on the other hand, learns that the grain silo was but one of two houses in one of three courtyards, that comprised the Shiyur of Pumbedisa (DH v'Shavyei).

The Tosfos ha'Rosh adds that the Rif and Rambam's Girsa was "Rebbi Yitzchak *Omer*" (and not "Amar," implying he was an Amora).

(c) The TUR (OC 392), who also rules like the Rif and Rambam, records that "one house" will suffice as a Shiyur (and makes no mention of a Chatzer). Indeed, the grain silo of Pumbedisa would seem to prove that a single house without a courtyard suffices for a Shiyur.

However, as Bi'ur Halachah (392:1) points out, the RITVA in our Sugya (DH Rebbi Yitzchak) states explicitly that it seems from Rebbi Yitzchak's wording that one house without a courtyard is not enough. The grain silo took but the place of the courtyard; inside it was a residence, which made it a house in a courtyard.

HALACHAH: The consensus of the Poskim is like the Rif, that a courtyard with one house suffices (OC 392:1). However, even though we commonly make a Tzuras ha'Pesach, along with an Eruv Chatzeros/Shituf Mavo'os around entire cities, it was not common practice to leave a Shiyur. Why don't we leave a Shiyur?

(1) The MAGEN AVRAHAM (392:2) suggests that we rely on the opinion of Rashi (59a DH Ir), that a city is not called an Ir Shel Rabim unless it has inside of it 600,000 residents -- which is normally not the case.

(2) The SHA'AR HA'TZIYUN suggests that even if the Halachah is not like Rashi, and a 16 Amah wide street makes a city an Ir Shel Rabim, we still do not need a Shiyur normally since even non-Jewish residents can comprise a Shiyur. In a normal Tzuras ha'Pesach around a Jewish city, there are non- Jewish residents living in the city beyond the bounds of the Tzuras ha'Pesach, who can be considered a Shiyur.

60b

QUESTION: The Gemara diffentiates between a situation when the 2,000 Amos that one may walk on Shabbos ends in *middle* of a neighboring city, and when it ends at the *end* of the city. In the former situation, one may not take a step past 2,000 Amos; the city is not judged to be "but 4 Amos." In the latter situation, the entire city does not count as more than 4 Amos.

What is considered the end of a city? It's natural border, or the end of its Ibur (the 70 Amah addition to a city, see Eruvin 57a)?

ANSWER: The Rishonim cite from the RA'AVAD that in such a situation, it is considered as if the Techum ended at the *end* of the city, and not in middle of the city. An Ibur is added to a city only as a *lenient* measure, and not when it would cause a stringency to apply (such as not counting the city as 4 Amos