[Avodah] Eruvin in Pre-War Europe: An Eyewitness Account

[Micha Berger]

On Mon, Nov 17, 2008 at 08:03:57PM -0500, Zev Sero wrote:
:                                                     Shlomo Hamelech's
: gezerah, and the bracha that Chazal instituted, have nothing to do with
: turning a reshut harabim or a karmelit into a reshut hayachid.  They
: are entirely concerned with carrying in a shared reshut hayachid, and
: turning a shared RHY into a private RHY....

Since hapeh she'asar hu hapeh shehitir, (the same beis din that was
gozeir against carrying in a karmelis invented eiruv), I think it would
be more accurate to frame it not so much as an eiruv is a matir as much
as an eiruv-surrounded karmelis never had an issur to begin with.

Halakhah kedivrei hameiqil be'eruvin. I remember this from the Rosh, but
eruvonline.blogspot.com lists the following:
> Mordechai, Eruvin 1:482; Rosh, Eruvin 2:4 see the Gra, O.C. 358:5 and
> the Bais Shlomo, siman 42; Maharash Elgazi, Halichos Eli, Klali 5 Ois
> 251 cites the Rabbeinu Chananel, Rambam and Tosfos; Mayim Rabbim, siman
> 36, 38; Chacham Tzvi, siman 59; Bach HaChadash, Kuntrus Achron siman
> 3; Yeshuas Yaakov, 363:5; Chasam Sofer, 6:82, and Maharsham, 4:105,
> 8:58:5, 9:18.

In fact, the presence of this rule WRT eiruvin (and perhaps agunah
derabbanan, hefseid meruba and a few other cases) proves that in the
vast majority of cases, there is no special priority to meiqilim. (To
return to RMM's citation of someone who said "kocha deheteira".)

Tir'u baTov!
-Micha

-- 
Micha Berger             When faced, with a decision, ask yourself,
micha at aishdas.org        "How would I decide if it were Ne'ilah now,
http://www.aishdas.org   at the closing moments of Yom Kippur?"
Fax: (270) 514-1507                            - Rav Yisrael Salanter