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Eruvin 90

1) THE STATUS OF AN UNENCLOSED ROOF

OPINIONS: When many roofs are attached to each other, Rav says that it is permitted to carry through all of them. The Gemara asks that on the previous Daf, it was Rav himself who said that one may not carry upon the roof because the Mechitzos below are not considered to rise up and surround the roof. The Gemara answers that in this case, the outer wall of the building is recognizable and is considered to rise up and surround the roof. Since there is no overhang of the roof over the side of the building, but rather the end of the roof is flush with the building's outer wall, the Mechitzah of the outer wall indeed rises and surrounds the roof.

Why would it have been forbidden to carry upon the roof if the outer wall of the building was *not* a valid Mechitzah for the roof?

(a) RASHI (DH Kasha) explains that it would have been forbidden because of the people in Reshus ha'Rabim who are right next to the roof. That is, if the roof has no Mechitzah and it borders on a Reshus ha'Rabim (a place in which it is forbidden to carry more than four Amos), the roof is Parutz b'Milu'ah to Reshus ha'Rabim and it becomes forbidden to carry on the roof just as it is forbidden to carry in Reshus ha'Rabim.

(b) TOSFOS (top of 89b) says that *any area* that is four by four Tefachim and does not have valid Mechitzos around it is automatically designated a Karmelis. That is, the Reshus ha'Rabim outside the roof has no effect on the roof, since it is ten Tefachim or more below it. Rather, since the roof is without a Mechitzah and has dimensions of four by four Tefachim or more, it is defined as a Karmelis in which it is prohibited to carry.

(c) Tosfos (ibid.) further suggests that perhaps the Gemara thought that the roof should be considered a Karmelis because it is more than a Beis Se'asayim and was not Hukaf l'Dirah. Although the Gemara introduces this factor only in its answer to the contradiction in Shmuel's teachings, it might be that the Gemara knew all along that the area of the roofs was greater than Beis Se'asayim. However, the Gemara thought that Shmuel maintained that the principle of Gud Asik (viewing the walls to extend upwards) would not only give the roof a Mechitzah, but would also make it Hukaf l'Dirah. The Gemara answers that Gud Asik is not able to make an area Hukaf l'Dirah, according to Shmuel.

90b

QUESTION: Rav Yehudah says that according to Rebbi Meir, all roofs are considered to be one Reshus (and one may carry from one roof to another), all Chatzeros are considered one Reshus, and all Karpifos are considered one Reshus. According to the Chachamim, roofs and Chatzeros together are considered one Reshus (and one may carry from a roof to a Chatzer), and all Karpifos are considered one Reshus. According to Rebbi Shimon, all three are considered one Reshus.

Rashi on the Mishnah (89a, DH Rebbi Shimon) says that according to Rebbi Shimon, an Eruv Chatzeros is needed only to permit carrying utensils from the *house* into the Chatzer, since it is permitted to move items between two Chatzeros (and roofs and Karpifos) even without an Eruv. It seems from Rashi's words that according to Rebbi Meir and the Chachamim, it is obvious that an Eruv Chatzeros is necessary (and that is why Rashi emphasized why an Eruv is needed only according to Rebbi Shimon). Why? Since they hold that all Chatzeros are considered one Reshus, why do they require an Eruv between two Chatzeros? It must be that they require an Eruv for the same reason that Rebbi Shimon does -- to permit carrying utensils from the house into the Chatzer. If so, why does Rashi say this only according to Rebbi Shimon?

ANSWER: RASHI (end of 90b, DH v'Chatzeros) says that when we say that Rebbi Meir holds that Chatzeros are one Reshus, that is only with regard to carrying from a Chatzer Shel Rabim (a public Chatzer, into which a number of private homes open) to another Chatzer Shel Rabim. It seems clear from Rashi that Rebbi Meir prohibits carrying from a Chatzer Shel Yachid (a privately-owned Chatzer) to a Chatzer Shel Rabim. The same applies to the opinion of the Chachamim. In order to permit carrying from a private Chatzer to a public Chatzer, Rebbi Meir and the Chachamim maintain that an Eruv Chatzeros between the two Chatzeros is necessary. Rebbi Shimon, though, maintains that it is permitted to carry from any type of Chatzer to any other type of Chatzer, and an Eruv is never necessary to permit carrying from one Chatzer to another.

This is evident on 91a, where the Gemara says that according to the Chachamim, it is prohibited to carry from a Chatzer to a Mavoy. The reason is because a Chatzer compared to a Mavoy is like a private Chatzer compared to a public one (since the Mavoy is owned by many Chatzeros). (M. Kornfeld)