Shabbos 6a: Karmelis, Reshus HaYachid, Mechitzos, and the Laws of Eruvin
Original title: Mesechtas Shabbos 6a - #3
Gemarah shiur on the topic of Muktzah - מוקצה
- Speaker or source
- Tape
- Category
- Talmud
- Subcategory
- Seder Moed
- Sub-subcategory
- Shabbos
- Duration
- 1:27:59
- Recording year
- 2002
Transcript
I believe that the diyuk of Rashi is based on one word in the Gemara. The Gemara never says, Lo reshus hayachid ela lo kereshut hayachid. Lashon of the Rashi: lo kereshus, which means doimeh. No, which means doimeh. It's lo domeh. Once you say doimeh, then you have to explain, because it's domeh to reshus harabim. If you are saying what it's not, it's not a reshus hayachid because it doesn't have mechitzos. Then we don't want to say that. The Gemara says it's lo domeh l'reshus hayachid, because it's more domeh to reshus harabim. That's the loshon. You see? That's why Rashi, even when he explains what it's not, you're getting there. You're getting there. Slowly, slowly. Yeah? So far, you with me? Yeah? Tafrir. You with me? Clear, right? Pashut kasha on Rashi. Pashut, how do you read the Rashi? It's not this because it's not domeh. Don't say it's not Rashi. It's not enough. Because the Gemara doesn't say, lo reshus hayachid. Gemara says, lo, it's not domeh. A domeh, watch, it's more domeh to a reshus harabim. Rashi is... The like reshus harabim, they einan domin l'diglei midbar. Why? D'lav l'hilucha d'rabim avidi. It's not made for people to go there. Nobody walks on the ocean. Domeh. Domeh. Before Rashi is explaining why it's not reshus hayachid, because it's not reshus harabim. Now he's explaining why it's not reshus harabim, because... They einan domin. They einan domin. They einan domin. Domeh, domeh. You see the word again, domeh. But Rashi is explaining why it's not reshus harabim. Domeh. Right. Okay, so I explained the kasha. So here it's... Yeah. Rashi by... he said, why is that? Because it's not reshus harabim. Now he's explaining why it's not reshus harabim, because ein mahalach harabim. Yeah, because he can't say it's reshus hayachid. What does he want to say? He can't say it's domeh to reshus hayachid. It's not domeh to reshus hayachid. What else he wants to say? It's not domeh to reshus harabim, not because it's domeh to reshus hayachid, right? Interesting. I don't know. I don't know. Good question. I don't know. What's the question? Okay, let's see further. I don't know. I don't know. I think we see from this Rashi a big yesod. You know what the yesod is? It is a reshus yachid, and it is a reshus harabim. Chas v'shalom to come and say karmelis is not a reshus yachid. We don't want to say that. We want to say what? That it is a reshus yachid, and we want to say that it is yes, reshus yachid. But since it's not domeh to the reshus yachid that it is, and it's not domeh to the reshus harabim that it is, therefore we have to say what? That it's a karmelis. Exactly. It's karmelis, either this nothing or it's nothing. Yeah, yeah, yeah. That's where it comes from. So that's why it says. That's the zu over here. That's the zu, but we're not holding it yet. We have a little more information, just a tiny drop more information. Again, listen clearly. Again, clear. Listen clear. Pshat. You ready? Again. So the pshat over here is, if the Gemara would say it's not a reshus yachid, it's not true. It's not true. If it would come and say that it's not a reshus, that is also not true. And you know what the biggest raya is? Are you allowed to carry in this karmelis? On the answer is, Rashi says, Mar says no. And Rashi explains why. Why can't you carry in this next Rashi? Sheloimar, b'hem ela b'toch daled. Again, what's the nekudah? The nekudah is a pasuk you learn in Rashi.
The Rashi explains the—what this means, the reshus harabim. What is the charmelit? No. Yeah? No. Lo zeh v'lo zeh. Yeah, it says lo zeh v'lo zeh, and he brings this Mishnah. It says that reshus Shabbos—and then the karmelit, what does it mean? Lashon ya'arot, the karmelit. V'einah lo hiluch tamid l'rabim, v'lo tashmish reshus hayachid, it says. He doesn't say— We spoke. We spoke about it, man. We said that. But here it says something else. Now, from this Rashi, from this Rashi, from this Rashi, Rashi says that the reason why you're not allowed to carry in a karmelit is because what? Gezeirah atu reshus harabim. If you learn the pshat is that there is reshus harabim here, then why does Rashi say gezeirah? It has in it chlakim of reshus harabim. That's what our answer is, domeh, says domeh, gazru. Once you see that in Rashi, then from Rashi's mashma'ut that there is nothing b'etzem over here which is reshus harabim, because if it would be b'etzem reshus harabim, then that would suffice. Let me ask you a question. When something's a little bit reshus harabim, that's already enough of a reason. It'd be asur. But how do you have to have reshus harabim? Let's talk together. Im hayah k'saf chelek reshus harabim, hayah tzrichim lehachil asur b'karmelit l'havi es daled amot, because—why does Rashi... I should speak as... סימן, the net is a lo rishut harabim bichlal u'klal lo. It's only gezeirah, shelo yamru, shelo yagidu. I don't know. That's the question. I don't know. I don't know. I don't know. You talk like a lamdan. I don't know. Let me ask you another question. You ready? Maavir daled amos b'reshut harabim. You ready? Let's talk. Maavir daled amos b'reshut harabim, b'reshut hayachid ein baya. You don't have this problem. Is it a din in the reshut harabim, or it's a heter in the reshut hayachid? One more time, one more time. Hayim asur l'havir daled amos, period, b'Shabbat? Yeah. In reshut hayachid, it's mutar, and I'll tell you a svara. You know what the svara is? It's not kol daled amos, it's the whole house, daled amos. Because of the hilchot of... Yeah, yeah, yeah. A person can walk his whole house, no matter how far his house is. Says Rabbeinu Yonah, why? No, we don't know. Rebbe, he brings the sheetah only. Good, and the reason is—what's the reason? The whole house is daled amos. You know what that means? Because there is no here and there in a house. Yeah. Everything is here. So the pshat is, asur l'havir daled amos, period, b'Shabbat, rak b'bayit ze mutar, because the whole house is here. Or else it's a din b'reshut harabim, asur b'reshut harabim l'havir daled amos. Remember I asked you a kasha? Once you said by reshut harabim, haku doesn't mention maavir daled amos. And the teretz is it's not תלוי in the reshuyot. That's pashut in the Gemara. You talk like a met. Gravi, lavi, ... That's a heter, b'shus harabim. Why? It's not a din that the reshus harabim is mechayev chatzur, not because the reshus harabim is there for. Therefore, the grama is an issur d'oraisa. It applies b'shus harabim. Then the main thing is the reshus. The previous back to original shaila we started our sugya. Ha'im havaras hacheftz mireshus lireshus, mitzad the cheftz, mitzad the gavra? What do I mean? We spoke about this. Ha'im ha'issur lavi'ir the cheftz, v'ha'mipol misham the tenai, or sheha'issur is the mipol misham? That's the issur. Remember we spoke about this? If you learned that the issur is l'havir cheftz and mipol misham is the tenai.
So then, ... Rambam's blog here. But if you learn the issur is l'havi miPol l'sham, the din by reshuyos. And למעשה says the lashon, zu. It's miPol l'sham. The issur is lakachat mizeh v'lasim es zeh. It's not the issur l'havir and גרירה the tenaim of reshus to reshus. It's l'havir mizu l'zu. It's l'havir את החפץ מזו לזו. The zu isn't going back anymore on what the reshus harabim is. It's going back on mizu l'zu, to the havarah. Asur l'havir mimakom zu doesn't mean the place I just mentioned. It's not zu, what I just told you. It's not here, this is a Gemara and this is a thing, mizeh l'zeh. So then I know, I just said it, I just said. Asur l'havir mizeh l'zeh, it's—that's the issur. It's not going back and defining what it is. If it was, hamakom hazeh, ela zeh l'zeh from zu l'zu. That's right. It does say. Again, if it would come and say, asur l'havia miRשות harabim lרשות היחיד, I would come and think, asur l'havi. Amaratchem, miRשות היחיד לרשות הרבים. No, no, no. Asur l'havi mimakom zu lmakom zu. The point A and point B is this. When the Gemara says the lashon zu, it doesn't mean zu, hanemar l'eil. That's not what it is. You read the Gemara. When the Gemara says, zu hi, רשות הרבים... אמרו רשות היחיד. Now, zu doesn't mean zu hanemar l'eil. Zu means that the issur. Lo marim mimakom zu lmakom zu. I still don't get it. I understand that. I was talking about things that are assur because of the reshus. That's why zu all the time. That's why you don't have havarah in daled amos. And that's why we don't speak about havarah. It's not again. It's not because of this place versus this place. Halachah of daled amos. What does that have to do? Rather, halachah of daled amos. Not issur. What does it have to do with the reshus? That's what we're saying. Not issur. That's what we're saying. It's not stam. The Mishnah is not talking stam. The Mishnah is saying specifically, halachos are... Let me say it again. Let me say it again, because let me tell you something. And, gad, it went here. I'll give you an example. We spoke about at the beginning of Shabbos. We spoke about it. Here, you're on the plane, right? You're on the plane. When you're on the plane, you're passing countries. You're passing countries, right? Tell me, if someone asks you, were you in Belgium? Are you going to say you were in Belgium because you're on the plane flying over Belgium? No, right? You rather passed through Belgium, right? What were you? You have to tell this to the yuch. Why? Because you were here, and you ended up here. But you passed through Belgium, right? We don't want you should be mevarer mireshus harabim l'reshus hayachid. That's not the point. The point is not the havarah from one reshus. The point is that you were mevarer it from here to here. That's the issur. It's not mevarer from one reshus to another, but from here to here is the reshus. ...except this ... No, there is no other reshus. That was your question, huh? Let's go further. Comes along the Gemara, and the Gemara speaks about a karmelis. The Gemara speaks about a karmelis. So the first thing I tell you, that from Rashi's mashma that what's a karmelis? Lo zeh v'lo zeh. Lo zeh v'lo zeh. Then the Gemara comes and says, what about carrying? The Gemara says it's a gezeirah mid'rabbanan, too, that it looks like a reshus harabim, right? Now, l'gabei which halacha does it have a din of a reshus harabim? Now listen carefully. Listen good. Think for a minute. Think for a minute. Is it takke a reshus harabim? No, right? We said from Rashi, hagam here it's mashma, I'm saying it is, but in klal, what is it? It's not a reshus harabim. Lo zeh v'lo zeh. So in which halacha do we come and say that it has a din of a reshus harabim? Only l'gabei havarah. So here the havarah is...
That's why you need this din of reshus harabim. And that's why the Gemara brings by a karmelis, ein noisin v'ein nosnin. The Gemara is discussing itzilcha reshuyos. We gave a karmelis a din reshus, reshus harabim, legabi what? Here it's pashut legabi carrying in reshus harabim. If din reshus stands, the Gemara is discussing reshuyos. In hilchos reshuyos, mavdil adam from the reshus harabim. Gravi, gravi, chayev. But a karmelis, if din reshus harabim was given to it—what does it mean? The reason why karmelis was given a din reshus harabim was taken out and said, you know, it's not a nothing place; it is a something place. Legabi what is it? Legabei carrying in it. So it comes out that the din—therefore the Gemara paskens, discussed by karmelis, to carry within it. Karmelis is—what makes it a karmelis? What makes it legabi reshuyos? Legabi the carrying, that's all. Gravis reshus hayachid, there's halacha, I'll carry. That's all. They gave it a shem reshus legabi what? Legabi I'll carry in it. That's why the Gemara says ein noisin v'ein nosnin. And that's why Rashi learns that it's only a gezeirah. Why? If you learn it's reshus harabim, and that's why you're not allowed to carry, then you're back to the original case: if not in the reshus, you're not allowed to carry. Eretz Yisrael, you're allowed to carry. But they gave it a new shem reshus. What? Karmelis, legabi this halacha. If you look further, if you do further—I'm explaining to you why—if you take a look, the Gemara also brings more than ten. Oh, oh, we'll soon see. It comes out like this. Remember we asked— We asked, what about makom patur? Is a makom patur something? Or a makom patur status is nothing, right? If you come and you learn Eruvin, Shabbos, that the Gemara only discusses what's the din hilchos reshuyos, that's why the Rishonim learn makom patur is a type of reshus. Meaning, that itself is a reshus. It's a reshus of patur. Remember, we discussed the machlokes Rishonim: is makom patur nothing, or it's, right? What's the talyan? If you learn that the whole Gemara's discussion, reshuyos, then makom patur doesn't belong here. If you're learning Gemara's discussing the halachos of hilchos Shabbos, then maybe halacha, makom patur is patur. Very nice. Karmelis, d'rabbanan, karmelis. Ma'avir daled amos ברשות הרבים is d'oraisa. If you learn that the Gemara didn't pick ma'avir daled amos for a reason, it's a hilchos reshuyos, daled reshuyos l'Shabbos, then what's the din makom patur? What's the din? What mean, it's not a place. Rather, this is reshus which is makom patur. It's a reshus that's given to patur, and that's the shaylah if it's again karmelis. Remember, there's a whole shaylah of makom patur, right? Is the patur in karmelis? Very good. If you learn karmelis had given shem reshus, it gave it a shem reshus, and the taich is makom patur is, they gave it a shem reshus, then it's patur. You can have a makom patur in karmelis. But if you learn there's no reshus to karmelis, and there's takkeh no reshus to a makom patur, so they got to be both the same thing. It can't be the same. Right? That's the Rishonim that we learned last week, that they become one. It's nothing. You can't have a makom patur and a makom patur; it's all nothing. So, how you learn the Gemara. If you learn the Gemara mitchila latzloi, dini reshuyos, Gemara say very good. Ta'amu is also shem reshus, b'negeia what? B'negeia not to carry in it. Makom patur is a shem reshus. What kind of shem reshus is this? A reshus patur. A reshus patur is a reshus mutmasi. So meileh you can come and have a makom patur and a karmelis. But if you learn that it's from the reshuyos, stam halachah, rather the hilchos karmelis and hilchos... so meileh you can have a hilchos makom patur and, rather, you can have hilchos karmelis here, but both paturs. How can you have one within the other, both patur? You know, there's a very famous, there's a very famous ktzos. Whoever learned the first Rashi in Bava Metzia. Anybody learn the first Rashi in Bava Metzia? Bava Metzia. Everybody learned, right? Shnei muchzakin, shnei... kah v'yotzei bo. Right? So everybody wants to—what does it mean they don't have more koach one than the other? What does it mean? There's a ktzos in Shev Shmaitsa that explains the... what happens if one is a... Ah, it's more muchzak, right?
You did it, right? The famous. What is the ... tactic? How can it be more מוקצה than מוקצה? I mean, it's more in my pocket. It can't be more מוקצה. You have to know what it is. Yes, so yes, it's ... The word מוקצה means you're holding it. So what do you want? Are you holding it tighter? You're holding it with a better grip. What do you want? You're holding it. What's מוקצה? It's the famous kasha, the famous ... They argue on that first ... Here's the same ... The ... is, you can't have more ... than a ... You can't. ... What do you want? You're free, finish. What's מוקצה? If you learn ... is a ... When they come together, you have two ... one within the other. Okay, let's go back. Let's go back. Come. ... Four times. I'm conking out. What time is it? ... I'll tell you what ... Yeah, I'll tell you what ... Yeah? Askufa. What's an askufa? You learn the Gemara. That's what I want you to do. So come prepared tomorrow. I want you to know the two dafs. The Gemara brings an askufa, right? ... Right? Says the Gemara, then an askufa has a ... it depends, right? So Rashi learns that the case of the askufa ... That you're allowed to put it on a makom patur l'chatchila. Rashi learns l'chatchila a person can go and put it on a makom patur. The Meiri, moytzi chiddush. You hear? This is forget halacha l'maaseh. The Meiri learns you can't put it on a makom patur always. You can't use it as a... You know what? From now on I put things on a fire hydrant on Shabbos. The Meiri learns you can only use it b'akrai, only sometimes. It happens to be you're stuck in the street. This, you saw the Meiri, you saw inside. He says you can only use it b'akrai. What are they arguing in? If you hold it's nothing, so what's the difference? Do it a hundred times. What do you care? What do you care? If you held they gave it a shem makom and that they pater, they only patered sometimes, there's dinim to the patur. If you hold the side of makom says what's the issur? Sometimes, yeah, b'akrai, whatever. But if you... No, so I'm telling you, so watch the hilchos patur that they gave this makom with tenai. Patur means they gave it a din. Once it's a reshus, but they gave it dinim. What were the dinim? The dinim that it's patur, so they gave it tenaiim to those dinim. But if the makom patur is, you can't be chayav, it's nothing. What's the difference? What's the difference? I mean, mutar li'echol b'Shabbos. I'm a reshus d'rabim, I'm eating, I'm eating, what does that mean? Because it's not chashuv. No, it's not chashuv. Even if it's not chashuv, what's the difference? Sometimes yes, sometimes not. Sometimes yes, sometimes not. But if you learn the pshat is that they gave it a shem makom, and they gave pturim to this shem makom, so din, it's patur, not stam because there's nothing to be chayav for. Patur is not a din patur. So they came and said, depends when, depends how. They didn't make it tenai. They didn't make it that it's not chashuv. It's taka chashuv. Makom, if the other side is makom patur, nothing. It's just like putting it in the air. Didn't give tnaiim, he gave a shem, then he gave a reshus. No, ... makom pטור. If you look up the... The last thing I want to tell you is this. Okay? ... Shabbos, kasav l'Rashba. Listen, here's a reshus. You have a fifth one. What's your fifth one? Carpas. Carpas. Sounds like my car. Carpas sounds like my car. My car is a carpas. Carpas. It's צריך בית סאתיים. It's so big, it's a place that's so big, that's bigger mi'beis sa'asayim. ... הוקף לדירה. ... חייב. ... See, you have a fifth reshus, yeah.
והיא רשות היחיד גמור. אלא הני דאי מטלטלין ביה אלא בד' אמות, אסור כי כרמלית. הרי היא כבר שנה רשות היחיד וכרמלית. And it already says רשות היחיד וכרמלית. ולכן נמי לא תני חצר לאירבוי. Therefore it doesn't say חצר לאירבוי, because it's the same thing. Meaning this karpaf, yeah, it's רשות היחיד גמור, but it has another din. נמי מטלטל ביה אלא בד' אמות, אסור כי כרמלית. So the kasha is, I mean, so it has dinim. The teretz is not better than רשות; that's what he's trying to say. It has different halachos. You're right, it has strange halachos. You're right. But we're not coming to tell me halachos Shabbos here. Come and tell me דאורייתא. This is not a רשות. It's רשות היחיד סתם. רשות היחיד has different dinim, that's all, different dinim. I want to show you תוספות argues on this תוספות. Take out תוספות. Karpaf is tough, but the question is not tough. חייב. You're not carrying it. ... לא תני אלא רשויות החלוקות זו מזו. Go ahead. כגון כרמלית ומקום פטור, שאין להם לא דין רשות היחיד ולא דין רשות הרבים. אבל קרפף רשות היחיד גמור הוא, אלא שהחמירו חכמים שלא יטלטל בו אלא עד ארבע אמות. What is he? He calls this one that has a din רשות. See? It's like ... ולא תני אלא רשויות החלוקות זו מזו. רשות החלוקות זו מזו. You see the loshon? כי גון כרמלית ומקום פטור. Unbelievable. Taisfos, beautiful. We only said, halukah, reshus hayachid, chalukah, zu lizu. That's where I got trapped in Tosfos. He learns in the Tosfos clear, like I told you. We only have reshuyos chalukah zu lizu: makom patur and karmelis. It's called reshuyos chalukah, here. But over here, it's not reshus. It's not a new shem reshus. Therefore, you don't say that. That's why the Tosfos says clearly in Tosfos. See? No, he explains. He says, the way I explain you Tosfos says it clearly. No, it says in the Maharshal. Tosfos says it's reshus hayachid, with new dinim and so on. He says, but it's not chalukah; it's not reshuyos chalukah, says Tosfos. And here we're taking a sugya of reshuyos chalukah. Tell me, are you allowed to carry in a karmelis? You're allowed to carry in a karmelis? In this Gemara it's mashma you're allowed to carry in a karmelis, right? Shitah LaRan, daf kuf aleph, brings the Ra'ah that you're allowed to carry. Yeah, true. Not in a karmelis. Shitah LaRan. He brings from the Ra'ah. In a makom patur, you're allowed to carry daled amos? You're allowed to carry? Okay, right? You're allowed to carry? Makom patur. Peladik, here. Peladik is that. You know who told me this? The person who made the eruv in Eretz Yisrael, Yerushalayim, the head of the eruv in Yerushalayim. He wrote a sefer called Titeres—his name of the sefer? No, Titeres Shabbos, I think it's called. Tuva. He made the eruv Yerushalayim. He's in charge of the eruv Yerushalayim. I told him once about—he was just doing—You said you're allowed to carry in a makom patur. He showed me the Shitah LaRan. He showed me. He says, מסתבר לי, yeah, והרא״ז כתב. You knew this? You knew this? ... והרא״ז כתב, you hear? מסתבר לי דאפילו יהיה אלא מקום פטור, כך דינו, דאין מטלטלין אלא בד' אמות. Everybody have a nice day. You also. It's not a makom toward nothing. It's something, and it has dinim. I want to see if... No? Tefuah, right? Huh? You should be... You should put something on it, but you wouldn't be allowed to be mavrid in the... For sure not. That's Rabbanan gazru. Not to put it down, but that's it. But you wouldn't be allowed to carry in a... Like the miri.
So, ... Why do you say kares? Why that? So Tosafos says it's a regular reshus hayachid. Tosafos is the point. It's not a reshus chalukah bifnei atzmo. It's not its own reshus. It's not reshus number five. It has dinim of a different reshus. Good question. That was a question. That the teretz helps. He's the question was maybe through reshus, kamashma lan. Amar mar, it would be four. Amar mar, it would be four. Zu hi reshus hayachid, says the Gemara, l'ma'utei mai? Zu hi. Never you say zu hi, this and not something else, l'ma'utei mai. What is it coming to exclude? Zu hi l'ma'utei mai. The word zu hi comes to exclude, so what is it coming to exclude? Says the Gemara, l'ma'utei ha d'amar Rabbi Yehuda. Ha d'Rabbi Yehuda, the tanna we learned. Yetza al kein, amar Rabbi Yehuda: Mi sheyesh lo beis batim mishnei tzidei reshus harabim. If somebody has two homes on the two sides of a reshus harabim, v'set lechi mikan v'lechi mikan, he makes a lechi on both sides, o korah mikan v'korah mikan, v'nosen v'nosen be'emtza. He does what he has to do; in the middle he carries. Avalai, so he said back to him, אי אפשר רשות הרבים בכך. You can't make a reshus harabim with lechi, korah. That's not how you make a reshus harabim. Says the Gemara, vamai? Kerai Gemurah. So you're not saying, אי אפשר רשות הרבים בכך. You can make an eruv reshus harabim. Why can't you make an eruv reshus harabim? Okay, let's see now Rashi. Mishnei tzidei reshus harabim. Says Rashi, zu keneged zu. The houses are opposite, zu keneged zu. Says Rashi, ... בשתי פיאות, שולח מן הבתים .... The kitzur is the bottom line. Rabbi Yehuda learns, ... מחיצות הוו רשות היחיד מדאורייתא. With two mechitzos, it becomes already a reshus hayachid d'Oraisa. The ho, איכא שתי מחיצות מעלייתא. Here you have two good mechitzos, mechitzah beis botim. A mechitzah of the two houses on both sides. And rabosai, how could Rabbi Yehuda hold, and why would Rabbi Yehuda hold, that two mechitzos make a reshus hayachid? I mean, ma nafshach, if it's mutzna, so l'choira you should need four mechitzos. If it's halachah mechitzah, it should look like a bayis, then maybe I can get away with three and a door, three and a tzuras hapesach. How do you have four? How do you have four? It's what you're doing is you're arguing on the metzius. The metzius is that you only have two, and Rabbi Yehuda holds you only need two. You have two houses on two sides. I have a wall already on this side. You have a wall on this side. You have a lechi and a koreh, a heker, not— This one is a lechi and a koreh. What's— You only need two doors opposite each other. I understand, I understand. So how does a lechi have a wall from this door and a wall from this door? That's true. What's a lechi? Lechi is nothing. It's only a heker. What is it? How does it become a mechitzah? Lechi can't be a mechitzah. No, it's only for heker ba'alma. What made Rabbi Yehuda decide two? Four walls. Let's work with one wall. Huh? The truth is, what bothers me with this, I was thinking about it. Walls in general make something not open. In other words, eino chanami. Oh, oh. Now, eino chanami, it's not enclosed, but you can't call it open. You see? What? Now, what's called a reshus harabim? A reshus harabim is open to the public. That's a reshus harabim, open to the public. Something which already has kirah is not called open. It's not called open. What? I don't know. I'm trying to—you see, again, all I'm doing is I'm trying to understand the hezber of how two mechitzos work. L'chaira, I understand the reshus hayachid, either four walls or three walls, you hear, and a tzuras hapesach.
I want to understand how two walls. Yes. Why do you have two walls? Each person is passed by is am. If some of this is one house, that's why this two walls should be the... If you have two, if you have a store on one side, makes a store on the other side, it's one house. Yeah, this is one connection, and that's why he has two... I have no idea what you're talking about. What's about houses? Same thing. Without corridors, without... There's a hedge between the... there's a street between. Let me ask you a question. Let me ask you a question. Let's say it's not even a half. Let's say you have two walls. Explain two walls. Two walls stand. The point of view, that's close to... Yes, because it's not open. But that's not... Part you have to learn, it's not completely open. I mean, that's first, how you have to learn. Some, it's not completely open. That's already according to Rabbi Yehuda, not called a reshus harabim. Why called? That's what I'm asking. I understand maybe why ... I still don't know why ... Let's move on. ... says the Gemara, what is the word tumura? Good. Zuhi. Zuhi, you explain, lafukei Rabbi Yehuda. Why does that say gemura? Says the Gemara, gemura, mai d'teima, ki פליגי רבנן עליה דרבי יהודה, דלא הוי רשות היחיד, הני מילי לטלטל. I would come and say when the Rabbanan argue on Rabbi Yehuda, דלא הוי רשות היחיד, that would be l'taltel. We won't permit it to... That's what the Rabbanan won't permit. Aval, meaning we still don't call it a reshus hayachid. Aval, but, לזרוק. But if a person threw a ball inside or something. For that effect, he would be considered chayiv. For that, it would yes be reshus hayachid. We're seeing in the Gemara that there's two steps: that it could be reshus hayachid, and at the same time not a reshus hayachid. We see from here that even in the Gemara, there's two steps. The Gemara seems to learn something could be a reshus hayachid for one thing, and not be a reshus hayachid for another thing, right? That's what you see from the Gemara. I want to hear this reshus hayachid. I want to— let's see Rashi. Let's see Rashi. Says Rashi: מאי לתימא, כי פליגי רבנן עלי דרבי יהודה, דברייתא, אי מעביר רשות הרבים בכך, ומי הוי רשות היחיד? הני מילי לתלתא, שאין מוטל לתלתא בתוכה, כדתני, אי מעביר רשות הרבים בכך. Meaning, Rashi—I don't know if you guys understood this—but Rashi makes a major diyuk in the Gemara. Why could the Gemara just say it's not a reshus hayachid? Why does the Gemara have to use the lashon, אי מעביר? Why does the Rabbanan have to tack back—you're medayek this in Rashi—that Rashi is learning the Gemara. The Gemara tacks back, why, אי מעביר רשות הרבים בכך? Why couldn't you just say, Reb Yehuda, you hold it's reshus hayachid; I hold it's not a reshus hayachid? The answer is, אי מעביר, because it wasn't an issue of reshus hayachid, legabei zrika, but rather legabei tiltul. That's why you use the lashon of eiruv. אי מעביר—it's not an eiruv, so we would be medayek. Eiruv. But what's mashma? Because the gezeirah is zrika. The gezeirah is hot; maybe it's still chayiv. It is. Says Rav Eliezer, we're not holding it yet. We didn't explain that yet. We're just being medayek in the lashon of the Gemara. That's the Gemara. Rashi is medayek in the lashon of the Gemara, the fact that the Gemara attacks back with which lashon. Instead of saying, Rabbi Yehuda, you hold this is rishus hayachid, I come and I hold it's a reshus harabim, right? Why does he have, Teima, arvin b'kach? The lashon me'arvin is נגד טלטול. Therefore, that gives the reason for the Gemara to medayek: tiltul maybe not, drinking maybe yes. Says Rashi, why? ... The same mechitzos d'Oraisa, shem reshus hayachid aleha. Meaning, what's the gezeirah? Eruv we won't permit it, but what's the gezeirah? Takeh hilchos reshus hayachid, reshus harabim, and the Chachamim's takanah, reshus hayachid, kamashma lan, gemurah. Now, before we do the last part of Rashi, since it says gemurah, gemurah seems to tell me that legabei hakol, the word gemurah means completely. What's negea to everything, complete. They're cholek on everything. This is a reshus hayachid gemurah and nothing else, okay? This is negea everything. Now, the problem with the lashon of the Gemara is the shakla v'tarya doesn't fit in. Why? Make the cheshbon. Let's learn the Gemara. The Gemara was learning that on one hand Rabbi Yehuda holds it's a reshus hayachid, and the Rabbanan are arguing and they're saying what? No, legabei eruv it's not going to be good.
Legabei havach, it is reshus hayachid. So how does the Gemara take care of that? What does the Gemara take care—what is Rashi helping me? He doesn't help me anything. If this is the shakla v'tarya of the Gemara, you following with me? You following with me? So he says, but not Gemur. That wasn't the shaila. The shaila was, eima arvin b'kach. What was the shaila? Eima arvin b'kach. Right? You don't make an eruv like this. You don't make an eruv like this. Which means, we never discussed reshus hayachid. But eina chanami, eina chanami, what was the reshus hayachid? Reshus hayachid, we'd agreed all the time that could be it's reshus hayachid. So how does the Gemara help me? What is the Gemara telling me? That it's nogea everything. That's why. I mean, what's the translation? So now that it says Gemara, now I know what the din reshus hayachid is for: everything. Who says not? I mean, how does that change from originally that we held something could still be reshus hayachid, but still eima arvin b'kach? No, the opposite. Gemara says—right, because therefore—no. But the Gemara never discussed, legabei eruv, maybe Takka can make an eruv with it. In other words—are you with me? You following with me? Let me try to explain it to you simply. Rabbi Yehuda holds two mechitzos become what? They are reshus hayachid. Come along the Rabbanan, and the Rabbanan seem to argue about the eruv, which gives the Gemara room to say eruv legabei tiltul, and then we can still clarify legabei what? Legabei zrika. Meaning that legabi ziki, saka chayav. Comes along the Gemara, and the Gemara says, No, kamashmalan. Since it says the lashon gemurah, so we learn that this is not the reshus hayachid, but only the reshus hayachid that the chachamim spoke about, that's reshus hayachid gemurah. Now, when it says gemurah, what does it mean, gemurah? It means, literally, we would say, legamrei. It doesn't mean gemurah complete, but legamrei for all cases, right? Legamrei for all cases. So getting back to the diyuk of the Gemara, so why did they say, Mahazu, mikach? I mean, you didn't answer the kasha. You had a very nice diyuk. Eima, eima, arba bakash. What's the teretz to the kasha? He should have answered back that this is never called the reshus hayachid. Why do they come and argue about the eiruv? What's pshat in the teretz to the kasha? Good. The hava amina, kamashmalan differently. Yeah, but the hava amina wasn't just a hava amina based on nothing; it was a hava amina based on what they said. So why did they takke speak about the eima arba bakash? And once the kamashmalan, aval l'inyan, ... reshus harabim, u'tocho modeh d'chayav, they would be modeh chayav. Why? Because shtei mechitzos l'shem reshus harabim molel, and that's a shem reshus harabim, right? What are you asking? Maybe it's because they argue what's lechi. Give, it's not going to change anything. I mean, if you hold it's not a reshus hayachid, it's not what we're talking about. No, they did say we're not—you don't me'arev reshus harabim, so they're holding it is reshus harabim. It's not kavu saying that it's reshus hayachid, because if you don't make an eiruv reshus harabim, it doesn't mean that's not reshus hayachid. Nachon, nachon. He says reshus hayachid, and they came and said, You're not me'arev reshus harabim like this. As if they're saying you don't create reshus hayachid. Why'd they just attack the whole thing? This is not a reshus hayachid; then we started. The whole thing never started. Maybe they're holding the lechi is—then they think—can't deal. We know it's not. No, how can it work? What's pshat in the Gemara? So, in other words, the hava amina wasn't based on a hava amina just to be thought; it was based on something that they said. Meaning, they should have said it's pakina rishus hayachid. What's the teretz to the kasha? What's happened to come out? Come out from the word gemura, and the teretz to the kasha, why they say me'arvin. For some reason, that does not bother us anymore. Why not? What happened to the reason why you said in the first place? What's the reason that we said—you understand what I'm asking? What was the reason l'chatchila that we said that it could be, it will be good for lizrok, that it's paktos from the Rambam for lizrok? And the reason is because the chachamim said, 'Me'arvin.' They never said that, what, it's not a rishus hayachid. Komashmalan, the word gemura. Yeah, but what's with the deal? What's with your good question? You answered a very good question. Your question was that the chachamim came along and said, 'Me'arvin,' let them just say, 'It's rishus hayachid.'
Yeah, but they said eimar. Why would they say eimar if they didn't mean that? They should just say, eimar is just the— as long as you do the eruv. Eimar is mashma you worry about the eruv; as long as you do the eruv, this is just not a—. Hey, let me ask you a question. If a person put an eruv around a chair, right, what do you say? There's a problem with the eruv, there's a problem with maris ayin, because it's a chair. So let me tell you, he made an non-kosher eruv here. He made an eruv in the potato salad. A person made an eruv in the potato salad, in the potato salad. Do put a lechi and a kora and everything's under control. It's not carrying in the middle, okay? Carrying in the middle, no problem. It's not carrying. A, it's not covered from all sides; chaser from ma'aseh. Then I come and I ask you a simple question. I ask you a simple question: How could Rabbi Yehuda hold two walls make a reshus hayachid? How does it make a reshus hayachid? Legabei what is this a reshus hayachid? Do you know anybody who lives in two walls? You know such a thing? You know anybody? No, right? What makes— this is the second question I ask you— what makes two walls a reshus hayachid? No ceiling, reshus hayachid. So we started, Avraham was saying, mutznas a little bit more covered. It's very difficult to say that's a reshus hayachid, right? Then I start reading the Gemara. The Gemara starts telling you a whole story, the Chachamim who disagree. The Chachamim say, eimar reshus hayachid b'kach. That's not how you make a reshus hayachid. That's not reshus harabim. That's not how you make an eruv reshus harabim. Comes the Chachamim and they answer back. I'm sorry, that's the Chacham says רבי Yehuda. That's the Chacham says רבי Yehuda. That's the diyuk of the Gemara. All he spoke about an eiruv made only לגבי eiruv. Mashma lan, it's even לגבי zrika too, and that's why it says the word Gemura. So actually, let's learn the Gemara. Let's read. Whoever said anything about an eiruv reshus harabim? Where do you see the word eiruv reshus harabim? According to רבי יהודה, it's reshus היחיד, and you're fixing the reshus היחיד. That's all you're doing. No, what are you talking about? And then what does the Gemara answer? The Gemara comes along and says that the Gemara is going to help me out. I mean, how does the Gemara help me out? I mean, what does the Gemara do for me? Yeah, I mean, what is Gemura? This reshus היחיד, Gemura. Yeah, I mean, so I don't see, why do you use the lashon eiruv? I don't see what are you talking about. The teretz of the Gemara doesn't answer me anything. I come and tell you that's not how you make an eiruv. So you come tell me you use the lashon Gemura somewhere. What is that? I mean, I'm asking you a kasha: why do you come and say that's not how you make an eiruv? You should come and say that's not a reshus היחיד, period. That's all. And who speaks about eiruv? What's the eiruv for? Just talk. The answer is, it's not a reshus היחיד. Then you have different types of reshus היחיד. Oh, oh, oh, this is what we have to get at. Now, let's look at Rashi's shita. Rashi's shita is, here, what's the case? The case is Gemura, says Rashi, כלאימה: זו היא שנגמרו מיני מחיצות שלה. This is the one that was nigmar. זו היא שנגמרו מיני מחיצות. Notice that Rashi doesn't learn the זו היא, that זו היא is reshus היחיד and something else is not. It's something else. זו היא שנגמרו, that the mechitzos were nigmar. Yeah? I would have wanted Rashi to say, זו היא reshus היחיד, and anything else not a reshus היחיד, right? No, no, no, no. זו היא, this is a case of a reshus היחיד that the mechitzos are finished. Mashenken רבי יהודה's case... The mechitzos are what are not complete. Very interesting Rashi, right? Right, and that's Rabbanan saying, zuhi not, meaning we disagree. That's right. Yeah. That's it. You know Daniel is good. Daniel is good. Rashi is learning the zuhi is not going on the reshus, but Rashi is learning the zuhi is going on the mechitzos. Zuhi, this is a case where the mechitzos are nigmar. Continues Rashi, huh? Comes along Rashi and he says like this: Sheyesh la mechitzos mikol tzad, kechritz v'chein geder, like a chritz and a geder, that they have mechitzos from all sides. You hear? That's a geder. ... good asik, pnei mechitzah ... v'nimtza rosho mukaf daled ... aval d'Rabbi Yehuda ... comes along Rashi, he says, ma she'ein kein, aval d'Rabbi Yehuda, he doesn't say Rabbi Yehuda is not a case of reshus hayachid, but Rabbi Yehuda ...
He doesn't say that it's not a shutfus. Again, he addresses the lav, the mechitzos, and the meileh it's not a reshus hayachid. Through the mechitzah. Now, the way it's here, all I'm showing you, I'm pointing out from Rashi, that Rashi didn't learn the Zuhi pashut. He should have learned very pashut, zuhi reshus hayachid, it's not a reshus. Anything else which doesn't look like this is not a reshus hayachid. No, no, no, no, no, says Rashi. This is a reshus hayachid with the mechitzas hanigmar, yeah? Hacha, Rabbi Yehuda's case, it's not nigmar, the mechitzos; the meileh of the lav, therefore it's like a meileh. The meileh, therefore, what happens is, reshus hayachid hi klal. It's not a reshus hayachid. Because the reshus hayachid is based on the mechitzah itself, really. In other words, everybody else that learns the sugya is moreh. That's why dochek to them to say the opposite: zuhi shelo nigmerah is a shumurah. But Rashi's not true. Zuhi shelo nigmerah is nothing at all. Now let's talk. There's a very interesting Rambam, okay? From Rashi's mashma that in order to make a reshus hayachid, how many walls do you need? You need four walls. Rashi says the walls, all from all sides. I bring you the Rashi, dibur hamaschil matzuy, mechitzas mikol tzad. Rashi says mechitzos mikol tzad. If you take the Rambam in two places, the Rambam says the same thing: in perek yud-daled, halacha daled, and perek yud-zayin, halacha tes. Right? The Rambam. Who's looking at Rambam? Who's reading? Read me koreh, tes, tes, tes. Perek yud-zayin, halacha... Yes, yes. Perek yud-zayin, what? Perek yud-daled, halacha daled. Yes. Yes. ... Aba Mechitzes. Rambam Mechitzes. Let's take a look at the Rambam, perek zayin, halacha tes. מבוי שאין ברחבו שלושה טפחים, אין צריך לא לחי, לא קורה, ומותר לטלטל בכולו, שכל פחות משלושה הרי הוא כלבוד. מבוי שהכשירו בקורה, אף על פי שמותר לטלטל בכולו, ... החי, הרי הוא כמחיצה ברוח רביעית. רוח רביעית. Okay, means you need three and one. That's the Rambam, three and one. And the mechitza is the fourth one, the lechi. No, the lechi becomes the fourth wall. I'm saying, but you need four. Good, so the Rambam says it. He quotes the Rambam says it in wall, and therefore you have four. Okay. The Rashash on the spot over here comes and says that stira between Rashi here and Rashi in Eruvin. And he brings the Rashi in Eruvin. Rashi in Eruvin says clearly that you don't need four walls, and three walls is good enough. He says l'choira it's a contradiction in Rashi. It's famous, you see, that the only answer that Rashi is not a contradiction, Rashi's a mistake, because the very famous Rashba. The Rashba in Eruvin daf tes, he says that there's a nafka mina between where is the reshus hayachid open up into. If the reshus hayachid opens up into reshus harabim, then you need four walls. If the reshus harabim opens up into a karmelis, then it's good enough three walls. Meileh they say there's two Rashis. Our Rashi is going what? That it opens up into the reshus harabim, then you need four walls. Kein, kein. When it opens up into a karmelis, it's good enough for... So Rabbi Yehuda. No, not Rabbi Yehuda. Rashi that learns in the Rabbanan four walls, that's when it opens up into reshus harabim, before reshus. The Rashi holds when it opens up into reshus harabim, four walls. If the reshus hayachid opens into reshus harabim, it needs to be covered on all sides, four walls. But if it opens into a karmelis, then you only need three walls. And they say that that's the two Gemaras. Good.
My question to you, I don't see the difference. What's the difference what it opens up into? You want to know what this is. What makes this a reshus hayachid, right? And the answer is whatever it is. If it's four walls, then it's four walls. If it's three walls, then it's three walls. You want to know what it opens up into. What's the... So I know emotionally the difference. That's emotional talk. That's very emotional. Rabbinic. Sounds very nice. Yeah, but it's l'maaseh, huh? But it's not true. If I had dinner סביב, it wouldn't help you. And a karmelis. I mean, this has to be... You know what you're missing? You're missing the situation. These three walls on all sides are reshus harabim. Just the fourth wall opens, leads into a mefulash. A karmelis. I mean, l'maaseh, this is a mechitzah for reshus harabim. This is a reshus hayachid within a reshus harabim. What is the difference if it opens up into a reshus hayachid, reshus harabim, or it opens up into a karmelis? What's the difference? And that's why I bring you: Mahu yesod? Be'er achi lo, bein patuach l'reshus harabim, bein patuach l'karmelis. Okay. You don't need a seal. You don't need a seal. Okay. The Rashi's shitah is four, depending on where it opens up into. Okay. I want to show you the פני יהושע in Sukkah. They speak very nice diyuk in the lashon of the Gemara. Let me show you. It says like this, says the פני יהושע. Amai kari lei Gemara? Okay. Omnam lanias daiti. Toma ani al ovei ha'olam. Says the Pnei Yehoshua, I'm matmia. Avot ha'olam, baashim Tosfos, Razba, kshuyoter lefaresh lashon Gemara. But they're all busy trying to figure out what does the word Gemara mean. What does the word Gemara mean? Yeah. U'lefi ma shekasavnu le'eil b'lashon haBraisa, asi shapir. But the way we learned the braisa, says the Pnei Yehoshua, it's very good. Why? D'hacha lefaresh lashon Gemara b'tachlis hapshitut. You can explain Gemara simply. V'hainu, l'mai d'perish. The pasuk that lists the zuhi reshus haYachid, Gemara hainu hasminan, d'geder v'chritz, govein asarah v'rochav arba. Aba gav d'lav hainu reshus haYachid d'Oraisa, shekatuv baTorah. Even though this is not the reshus haYachid in the Torah, the case of reshus haYachid in the Torah was a hole, it's a pit. The guy was the only guy that was thrown into a pit. But that's not the case of the Torah's reshus haYachid, right? So the chidush is that even though this is not what the Torah talks about here, someone asks you, Where do you live? I live in a hole. I live in a hole, right? It doesn't mean literally a hole. What does it mean? Churba, that's all it means. I live in a junk, a junk. But nobody lives in a hole. So why is reshus haYachid called a charitz, a bor? What kind of— the only people that live in a cave, in a bor, is Taliban. Osama bin Laden lives in a bor. It's Torah borah. Normal people don't live there. So why is that called a reshus haYachid? Answers the Pnei Yehoshua. That's why it says, zu reshus yachid gemurah. Because it says like this: ... v'loi ba machna. ... b'shus hayachid mamash, ... chayav. ... This is not made l'dirah. ... I would say it's not reshus hayachid d'oraisa. ... The hanachah b'kulah reshus hayachid gemurah, and this would be ... chiyuv skilah. Ella, afilu hachi lashon miyuter hu. Says the Pnei Yehoshua, it sounds good, but it still doesn't answer me completely. Why? It's still extra. Just say, reshus hayachid, I know. Once again, why it says zu? Just say this is reshus hayachid, and we'll know that it's lav davka, right? The zu is still not answering. Says the Pnei Yehoshua, ... d'lashon gemurah is lei diyuka. Davka, ... dina k'reshus hayachid gemurah, sheniskah b'Torah, v'chiyuv. ...
Teamed lakel, shtei mechitzos, tulei avakus lehem b'Gemara, u'Rabbanan. Rabbi Yehuda afilu chumra, v'chayav afilu mireshus harabim u'tochah. U'kol shekein, eino yachol lekula, l'hatchil l'taltel b'reshus haRabbanan. Keivan d'afilu avad dina kiarmus havei asur, kein, nir'eh li d'akvei semalichsum gimgum, v'lo anich limakom min haShamayim. Rabosai, how does he translate the Gemara? Exactly the way we learned l'halachah. What? Kula u'chumra. I would say that it's what? It's not considered reshus hayachid for kula, but for chumra l'chayev, we would say it is. Kamashmalan, even for what? For chumra. The word Gemara just means kula u'chumra. And you old guys started jumping on me, jumping on me. That's not pshat. That's not pshat. Yeah? I would say dafka for what? I would say dafka for what? Kula u'chumra. Yeah? Kula u'chumra. I would say, when do we say it's reshus hayachid, Gemara? I'm sorry, when do we say reshus hayachid? L'chiyuv maybe. L'chumra we'll say it. L'kula we won't say. Ein hachi nami. Listen carefully, listen good. According to Rashi, it's beautiful, right? Because according to Rashi, meaning pnei... I'm sorry, according to pnei, it's beautiful. Where are we going to come and say, you hear, God, you hear, where are we going to come and say that it's a reshus hayachid? I would say maybe l'kula. L'kula I would come and say, you know, I don't want this to be a reshus hayachid, therefore you're not allowed to carry. Thanks. Therefore, l'kula, we're going to come and say it's not a reshus hayachid. We're not going to be meikel and say you can carry. We'll say it's not a reshus hayachid. But l'chumra to be chayev, we would say you're chayev. This shot, Gemara. Gemara would mean, like I said, legamri. But Rashi doesn't learn the legamri. Rashi learns it's going on the mechitzos. Yeah. If you look at the Sfas Emes, the Sfas Emes says like this: Sat kasheh. Kivan d'al korchach lav davka chritz, d'ha Gemara mechitzah sagi, gam Rabbanan, eich matzinu l'da'ei d'lo k'Rabbi Yehuda? He's taking on the Sfas Emes like the halachah of Rov Rishonim. Rashi's machmir taka from all sides. L'maaseh, Rov Rishonim disagree with the Rambam. All you need is three. As a matter of fact, we soon see with Chazon Ish, the Chazon Ish says two is also good enough. You know that? Wait, meaning, let's say according to the Rambam — Rambam, he's the famous thing, Chazon Ish — for example, let's say according to shitas the whole, you need four. If you have three like this, it would be good enough. It has to be enclosed. Chazon Ish is famous yesod. The Sfas Emes is saying, we'll soon discuss more b'arichus, technically. No? You push it, but l'choirah three walls would be good enough. You hear? Good, good, good, good. Chazon Ish doesn't say it though. We'll see, we'll see. Now, what am I trying to bring out? I'm trying to bring out like this, you hear? Rov Rishonim, bichlal, all you need is three. They argue on the Rambam. So the Sfas Emes is going with the Rov Rishonim, that all you need is three. So what do they do with the Gemara? So it's good. Let's say Rashi holds Rambam, okay, you know, let's say. But Rov Rishonim don't hold like the Rambam. So when they learn the Gemara, Gemara, it's lav davka Gemara, right? Because it's... Charitz has four, and you don't need four. So then you can say it's two already. Once you're knocking off one wall from the Sfas Emes, knock off two walls. What do you want? No, no, but the Aruch HaShulchan always told you three, always. You only need three. So once you're knocking off, says the Sfas Emes, one wall anyway, so what's the Gemara? According to the Rishonim, what's the Gemara? ... B'koach hayitur. You take it off one, but it is closed from all four. That's a chazakah, but it's not the case. But it is open, yes. According to the three, three is good enough. It goes to bechateisha. Once you say it's not this, so maybe who says they argue? Once we're going to come and say, according to Rabbanan, you don't need four, you only need three, so maybe you only need two. ... You don't need like a ... The zuhi is ... So then it can be ... for two also, says Sfas Emes. ... B'koach hayitur. B'koach hayitur, medaikachi. B'koach hayitur.
Okay? Meaning, the emes, ein hachi nami, is svara it should make a chiluk. But the mere fact that the Gemara says the word gemurah, so therefore we have to come and say that it's not Rabbi Yehuda. Meaning, it's not mamish this is like this, but the fact that we have to use the lashon zuhi and gemurah, we're trying to add something. We're trying to argue on the less, the less shita. The less shita is two; we must hold that you need three, right? So ein hachi nami, it's packing not with the yuka, packing not real. It doesn't have to be like a chazakah, but the mere fact that the Gemara used the lashon zuhi, obviously we're trying to add something. We must be having to add on the shita that holds two. Therefore we hold three, okay? I think, rabosai, you have to learn the pshat the Gemara as follows. You'll soon see what I want. If you take a look, yeah, there's two dinim in rishus hayachid. There's a din rishus hayachid which doesn't need a heter of tiltel. It's not a heter to be metaltel. There's no issur. There's nothing wrong. There's nothing wrong to be metaltel. Sorry, sorry, sorry. Four walls. Then there's something called a heter eruv within a rishus harabim that permits you to carry within the rishus. No, that's an eruv type in rishus hayachid. There's a rishus hayachid, you hear, that the rishus hayachid is mutar to carry. There's no heter. It's mutar. There's nothing wrong with it. Yeah. Is there a heter to eat chicken? No, it's the first place, right? It's mutar to eat chicken. It's not a heter to eat chicken, right? Then there's something called eruv, which means I can make a rishus hayachid legabei heter tiltel. I think that's the shakla v'tarya in this Gemara. The Gemara never discussed, the Gemara never discussed, according to Rabbi Yehuda and the Rabbanan, what a reshus hayachid is. A reshus hayachid is a reshus hayachid. That's not the issue. The shailah is in Hilchos Eruvin. So when the Gemara says, Ein ma'avirin reshus harabim b'kach, and I ask you a question, what do you mean I have a reshus hayachid? Rabbi Yehuda never held that that's what a reshus hayachid is, but he held that gabei heter eruv, that's already called a reshus hayachid. Pshat, it becomes ois reshus harabim. There's such a thing called reshus hayachid, and there's such a thing called, I made it not a reshus harabim. In order, you hear, in order to carry, all you need is that it shouldn't be a reshus harabim. Where do we know this from? Yesterday's shiur. Do you remember I asked you when it says doymeh reshus harabim, doymeh, remember? Once it's not doimeh l'rshus harabim, it's good enough to come and say what, that there's no issue to carry it. Remember the Gemara? Remember I asked you a kasha: why could we come and say it's a reshus hayachid, reshus harabim? Why does we always do the opposite? It's not doimeh l'rshus harabim, and it's not doimeh l... Why are we talking about the dinim? And the teretz is very pashut. There's such a thing called a reshus harabim and such a thing called a reshus hayachid. G'rad in a reshus harabim you're not allowed to carry, and g'rad in a reshus hayachid there's no problem of carrying. Then there's such a thing called making from a reshus harabim a reshus hayachid. The end of pshat is, as long as you made it not into a reshus harabim, it's already permitted to carry min hahalacha. That's what Reb Yehuda means. With two mechitzes, I made it that it's not a reshus harabim, comes along the Rabbanan and they say, no, ein me'arvin reshus harabim b'kach. So the Gemara understood, but again it's rikuzo, it should be okay. The Gemara, no, kamashma lan, the Gemara didn't mean eiruv l'gabei tiltul; the Gemara meant eiruv l'gabei reshus harabim and not reshus hayachid. That's the pshat there. Once you break din of reshus harabim, once you... tiltul. So once you broke the din of reshus harabim, how do you not matir tiltul in it? No, mimeila it's mutar tiltul. The issur tiltul has to be because it has to be doimeh l'rshus harabim. The Gemara never said issur tiltul is when it's a reshus harabim. The Gemara says issur tiltul is when it's doimeh l'rshus harabim, right? The Gemara in Menachos. Once it's not doimeh l'rshus harabim, mimeila it's mutar. So the Gemara is trying to say like this: How do I make a reshus harabim not a reshus harabim? And the answer to that is, if I go and I put in what? Two mechitzes. The two mechitzes, and that's what Rashi says clearly, Gemara. What's the Gemara?
So he, this is the case where the mechitzos were complete. You should say simple, this is a reshus hayachid, this is a rabim. This is never a reshus hayachid anyway. Rabbi Yehuda never meant it's a real reshus hayachid, but this is the reshus hayachid, meaning you have the mechitzos that are matir; this one has it and this one doesn't have. That's what it means. So Rashi is clear that we're talking about two different reshus hayachids. Rashi says it clearly. Read the Rashi with me. Says Rashi, ... זו היא שנגמרו מיני מחיצות שלה. This is a reshus hayachid that the minyan mechitzos were finished. That's ... נקרא ..., right? Aval deRabbi Yehuda — what do you mean Rabbi Yehuda? The reshus hayachid of Rabbi Yehuda, Rabbi Yehuda is talking about a new reshus hayachid, ... נגמרו מחיצות שלה. And — no, that's what he's saying. ... Since l'maaseh it wasn't — it's not nigmar the mechitzos, so therefore we can't call it a reshus hayachid, even l'gabei the heter tiltul. ... it's not a real reshus hayachid. It's not a regular reshus hayachid. Regular reshus hayachid is four walls. But l'gabei the heter tiltul, I would come and say it's already a reshus hayachid l'gabei heter tiltul, meaning it's not a reshus harabim. No, since it's not nigmar mechitzos shelah, therefore it's not a reshus hayachid klal, l'gabei afilu tiltul. There's two halachos of reshus hayachid. There's real reshus hayachid, and then there's reshus hayachid l'gabei heter tiltul. That's what the Gemara means. What's hava amina? What's hava amina what? No, because we would thought the reason why use the lashon ... ... l'kula, l'chumra, the pnei Yehoshua. Eima arvinis. It's not a heter in eruv. It has to be. It's not enough. This is not nigmar bechitzos. It's not even enough to be matir. רבי יהודה holds it's already enough to make it one reshus, so you don't have a heter tiltul. But to say eima arvin bkach, it's not enough for the heter tiltul. Pashut pshat, mamash pashut pshat. I'm going to say it again. I'll say it again one more time, huh? I'll say it one more time. If I ask you a simple shaila, and you read this Gemara, you look at Rabbi Yehuda and you say, he talks—how does two walls turn reshus hayachid? How does two walls turn reshus hayachid? What was he talking about? But it's not. Lechi doesn't make it. Lechi, the korah doesn't make it reshus hayachid. Two walls, min haTorah, is called reshus hayachid? That doesn't make sense. What is he saying? What does he mean? How could two walls make something reshus hayachid? So, said good. If it already matters Shabbos, remember you started saying like that, and you didn't understand the significance of what you were saying. But you were saying with regesh, with emotion, mamish reshus harabim, reshus—it's open, either here or not, right? Maybe yeah, maybe yeah. Who said? Reshus harabim doesn't have doors on both sides of the walls. They don't have—who said? Okay. But if you said from feeling, you said it's already not called open reshus harabim, public. All right. Little did you understand the significance of what that means. Pshat. Let's move to the Gemara itself. Let's look at the Gemara. Gemara starts off, Rabbi Yehuda—Rabbi Yehuda is out of the question. Take Rabbi Yehuda and we say Rabbi Yehuda, zu hi is wrong. Wrong. Because according to you, you can have even less. You can have two walls. But it says zu hi, you can't have two walls. So I ask you, why does the Gemara split? Between the zayrik and the tiltul. Maybe for tiltul it's not good, but the zayrik is practically ... and you're chayav. So we said that Rashi correctly points out, because the Gemara uses the lashon eimar. Lashon dafka לגבי eruv and tiltul, and that's לגבי what? Chiyuv hachnasah vhotzaah. So I ask you a kasha. If this is true, let's say Rashi is telling the truth, chori should be, then what's the kashya in the Gemara? The kashya is even the geir for what? For tiltul. Then why tacka didn't you say eimar? I mean, how can the Gemara go back to answer that kasha? It's a simple question. The Gemara really says eimar. It's mashma eiruv. Kamashma lan not only eiruv, so why say eiruv? If you didn't mean eiruv, why say eiruv? You hear the kasha? Simple question. Moidik a kasha. If anybody seriously learned the Gemara like a mensch, he would have asked this question. The whole thing is because the truth is you probably want to medayek the Rashi. But Rashi, no. Rashi says the diuk is based on the fact that you use the lashon eimar.
So then the kamashmalan is nothing. What are you talking, mamash? What are you saying? Kamashmalan, it's not that way. You know my brother's saying this joke, I'll say it over. You're right, but you're wrong, right? You're right, but you're wrong. Does that make sense in Gemara? No. You can't be right and wrong, right? If you're right, then you're right. If you're wrong, you're wrong. You can't come and say you had a good kasha and kamashmalan af al pi כן. What is that? Ein hachanami. You know what I mean? Af al pi כן, it's kamashmalan. What's pshat? Then I ask you, if you take a look, Rashi learns that what? I would think it's only l'gabei eruv, only l'gabei eruv. So what's the teretz in the Gemara? The teretz in the Gemara is kamashmalan, it's l'gabei everything. Yeah, but why? I mean, why should I say that? Where in l'gabei, where in l'gabei do we see a pchila v'saif? Where do you see that? I mean, where do you see? It says l'gabei, so what does l'gabei mean? L'gabei all cases? That's what l'gabei—Gemara means l'gabei all cases? So then you have to take the word Gemara and translate l'gabei, right? Rashi doesn't do that. Rashi uses the word what? Gemara. Rashi doesn't say l'gabei. Rashi didn't say it's negea to reshus hayachid—I'm sorry, this matter is reshus hayachid for all cases, which would mean zorek and ma'avir and metaltel, but he says Gemara. Yeah, but that wasn't the issue. The issue was for what, not what it is. Rashi says, interesting. Of course Rashi learned the Gemara is what? Not l'gabei, but rather—what's worse, finished, not finished? I ask you, what are you talking about? This is yes finished, not—this is reshus hayachid, this is not reshus hayachid. I don't want to—what do you want to learn simple? This is reshus hayachid, and this is not. This is over reshus hayachid that the wall's finished, and this is reshus hayachid the wall's not finished. What are you—what's he saying? What's Rashi say? Pashut pshat. What does Rashi say? Rashi should say this is reshus hayachid and this is not reshus hayachid. No, this is reshus hayachid and the wall's not finished. What wall? What are you talking about? Either it's reshus hayachid or it's not. What's he saying? And the teretz is very poshut. Teretz is very poshut. Bnei Yehoshua learns that the whole shakla v'tarya of the Gemara is the chumra kula, chumra kula, chumra kula, so that's what changes. I would think it's only l'gabei kula that we don't say reshus hayachid, means we're not going to let you be metaltel, but l'chumra, to be chayiv, we would say you're chayiv. Kamashmalan that we say it for chumra and l'kula, and then l'gabei becomes what? Gemura l'gabei, all the time. I'm telling you like this. Rashi learned completely different. Rashi learned like this. Rashi was learning that there's such a thing called a reshus hayachid. That doesn't have to be explained, and that's not dependent on machlokes between Reb Yehuda and the Rabbanan. There's no machlokes what a reshus hayachid is. You know what a reshus hayachid is? A house. And a house has four walls. The question is, how do we take a reshus harabim and undo it l'gabei heter tiltel? That's the she'eilah. To undo it l'gabei reshus harabim, and make it not a reshus harabim. The Gemara, no, but now it's just clearly the reshuyos that we're discussing. What's kavulit? Kavulit is not this and not that. Peirush, a heter tiltel. Where does the heter tiltel come from? The moment it's not what? A reshus harabim. It's already enough to say what? That's mutar l'taltel. What I explained yesterday, that by kavulit, once it's not— Right? Because it also has a reshus hayachid. I'm telling you, because it has a reshus harabim also. Our case, it won't have any reshus harabim. Our case is the pshat: it's not doymeh reshus harabim, it should be mutar, but it's not doymeh reshus hayachid, meileh asur. Here's doymeh reshus hayachid. But l'geder eruv, what you have to do is undo the reshus harabim and give it a shtikel tzurah of reshus hayachid, and then it becomes mutar l'taltel. Then it becomes mutar l'taltel. You don't need to make it reshus hayachid. Meileh, that's where they argue: what turns it into not a reshus harabim? This reshus hayachid. This: what makes it really not a reshus harabim? The two walls give it a doymeh to reshus hayachid and take it away from the reshus harabim. Once that is, so meileh you can carry, because that's the din of heter techumin. That's where the heter techumin is.
That's the shakla v'tarya, the Gemara, eima arvin. Eima arvin, you know, this is not a good— the issue wasn't reshus hayachid anymore. The issue was— is eruv of reshus harabim. Of this the Gemara says, k'mashma lan, says Rashi, the hava amina was kulah l'chumra. The hava amina was l'kulah l'chumra. K'mashma lan, beautiful. Eima arvin is not because of l'chatchila b'diavad. The eima arvin has to do with eruv, k'mashma lan, and a Chanami. We would taka come and say gezeirah, taka also. It is also taka not chayiv. No, because we're not changing from the diyuk of the Gemara. The diyuk is not a problem anymore. The reason why we use the lashon eima arvin, because we're not discussing anymore if it's reshus hayachid. The issue was reshus hayachid. The issue was l'gabei tiltul, and that's the k'mashma lan. You can't fix it with it. That's the k'mashma lan of the Gemara. The k'mashma lan is that the reason why we use eima arvin, because we're not discussing a real reshus hayachid. That's the reason why it's an eima arvin. K'mashma lan that we never can say it's a reshus hayachid, because it's taka not a reshus hayachid. K'mashma lan that even if it's d'rabbanan, it's mutar. Even d'rabbanan will be mutar. Why do we use the lashon eima arvin? The teretz is, we never— the issue wasn't reshus hayachid anymore. The issue was hilchos— the hilchos reshus hayachid l'gabei eruv, and that's why Rashi uses lashon zu hi. Zu hi, this is a case of reshus hayachid. This is a case of reshus hayachid where it's nigmar, and this is a case of reshus hayachid where it's not nigmar, and therefore we can't even call it reshus hayachid at all, at all, at all. You see? And therefore you can't come and say that you should be mutar l'taltel. That all רבי Yehuda's moisif is because you can't even give it a shtickel shemesh l'sayachid. You can't even give it a little bit shemesh l'sayachid l'gabei heter sukkah. That's the Gemara. All Rabbi Yehuda needs is to give it a little shem reshus hayachid l'taltel. This is not a reshus hayachid כלל. Rabbanan are saying your reshus hayachid that you're saying, l'gabei tiltul, we hold it's not even reshus harabim at all, therefore not even tiltul is mutar. That's the kamashmalan of the Gemara. Rabbi Yehuda, how it is, it gives it a little shem reshus hayachid. How? Because it's logic. Reshus harabim is this. Reshus hayachid is four walls. The four walls is somewhere in the middle. It's something, it's somewhere in the middle. It's not this, at least it's not this. It's not this also, which means you can fix it with something. You can fix that. A heker, a lechi, a kora, ... patch it up. It's in the middle state. Once it's not a reshus harabim, once it's not domeh to reshus harabim, it's not. Huh? There's a new reshus hayachid for heter tiltul. Would there be something like this according to the Rabbanan? Would you be able to say if you have three walls according to the Rabbanan? That's where I come to the Chazon Ish. That's why I hold the Chazon Ish. The enclosing is enough of a... This comes along and says, I have gimel mechitzes, and it encloses it, it becomes mutar. You don't need, you don't need down the mechitzes. What's the pshat? Either you clarify, like we said, that there's no din mechitzes. The whole din mechitzes is only to close it and it's closed. Or maybe you're saying, ... Once it's domeh to reshus hayachid, there's a heter tiltul. You don't need a reshus hayachid. All you need is to be domeh to a reshus hayachid. Maybe. No. Okay, if it's three walls, you want an eruv. You have an eruv, okay. It is an eruv. It's not a reshus hayachid, it's an eruv. It is, that's the eruv, the three walls. According to Rabbi Yehuda, you need two steps: one, to break the reshus harabim, and then to put an eruv, make gam. That's why I'm asking. That's only because it's befoolish. Only when it's foolish. It's closed. So if it's closed, it's closed, you know? Only when open mouth, we need to ... the kair. Because people won't see it. If they do see it, that's what the Chazon Ish means. The Chazon Ish tries to say, even if ... the Chazon Ish, you don't need four walls, because the four walls only ... The Chazon Ish can even say this: in those Rishonim that hold four walls, he could say this. He says it in the Rishonim, the whole four walls. Pashut is, the ... Chazon Ish, you don't need four walls, only a chatzer to get to the closed.
But could be אפילו deeper. Once it's not a reshus, once it's not doimeh to reshus harabim, there's a heter tovel. Yeah. And that goes back to the original shaylah. Remember I asked yesterday? Is the halacha that can I'll be metaltel and grab its geirah in reshus harabim, or it's a din in the reshus harabim? So the moment I break the shem reshus harabim, then it's a tofel. If it's metaltel anywhere and grab it, but it's not a geirah house, okay. You need a reshus hayachid to undo that. If it's a din in the reshus harabim, you can be metaltel in reshus harabim like the lashon of the Gemara is. Whatever I take care and I make it not a reshus harabim, the moment it becomes mutar, it's tofel. Yeah? Because there is... it goes into one into a... then you need four, and if it goes into one, then you need one. How we answer the... the... Whatever the reshus hayachid is, is. No, but once you take it out... No, it's not. Once you... Yeah. If it's... somebody a regular reshus hayachid. ...into a half-wall, into a reshus harabim, if it's undoing the reshus harabim, and then what happens? How many walls? Four. Four walls. ...we're not being mevatel reshus harabim, but rather it's undoing the karmelis, the issur, carrying from a karmelis. It's not... Can I ask you... reshus hayachid, where does... If you define it as a... This is to carry there. You're walking in a karmelis. Now you want to— can I walk into the karmelis? Can I carry into this house, right? Now this karmelis, now the house. The pshat is that it's a reshus hayachid. What's the weirdness of reshus hayachid? Why does it mean? It's one, it opens up into... as long as it's not reshus harabim there, it has to do with being bitul of the reshus harabim, then you need takanah four walls. According to Rabbanan, the only way to undo a reshus harabim is by putting it into making it the real reshus hayachid. Basically, ... reshus harabim, not ... ...the whole ... ...the whole ... ...zero ... ...you're right, it has a little bit of this, a little bit of that, but ... This going to Rabbanan, and you try to undo that. The pshat is you're trying to undo that is, therefore, it's just three walls, not enough.