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

[Zev Sero]

Micha Berger wrote:
> 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),

Was it the same BD?

> 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.

Again, while we speak today of the mechitzot as an "eruv", that is
*not* what is meant when we talk about Shlomo instituting eruvin.
There is no such thing as an eruv-surrounded karmelis, because an
eruv can't surround anything; it can only exist in a RHY, however
that was created.


> Halakhah kedivrei hameiqil be'eruvin.

Does that include hekef mechitzot?  AIUI it only applies to eruvin
themselves.


> In fact, the presence of this rule WRT eiruvin (and perhaps agunah
> derabbanan, hefseid meruba and a few other cases)

And, to bring in another thread, aveilus.


-- 
Zev Sero               Something has gone seriously awry with this Court's
zev at sero.name          interpretation of the Constitution.
                       	                          - Clarence Thomas