Harav Shalom,
I wonder if the term "Reshut Hayachid" is a defentioion, or if the term just describe an area, depends on the context.
If "Reshut Hayachid" is a defention of a place, then I would assume that the same area would be called "Reshut Hayachid", no matter if we are dealing about Dinei Shabbat, Nezakim, or Tumeah.
How would I translate "Reshut Hayachid"? when I refer to Hilchot Shabbat, can I translate it "Private Domain"?
How would I translate "Reshut Hayachid" when I refer to Hilchot Nezakim, can I translate it "Private Property"? For example, if there is an area more than 4 tefachim by 4 tefachim (and less than Beit Sea'tayim), and the area is surrounded by four mechitzot, more than 10 tefachim hight, and the area does not belong to anyone, (or belong to the City), and there is a Safek Tumeah there, will I judge the Tumea as Tumea Bereshut Hayachid?
And if my Shor Hezik someone's else shor in that area, would it be considered as Heizek Bereshut Hayachid, or Heizwk Bershut Harabim?
B'Chavod Rav,
Aharon Gal, Fair Lawn, NJ USA
Reshuyos regarding the law of Safek Tumah is clearly different than that of Shabbos. This is because it is learned from the seclusion of a Sotah, and the main point is that just as a Sotah is hidden and is ruled impure though it is a Safek, so too a Safek Tumah in such a situation is ruled impure. Being that the emphasis is on hidden rather than Mechitzos, teh laws are different (see Tosfos in Sotah 28b, DH "b'Reshus ha'Rabim" who talks about this at length).
On our Daf as well, the usage of Reshus ha'Rabim and Reshus ha'Yachid is more of a code for a place where a lot of people are present versus a place where a few people are present. It does not have the same law as Hilchos Shabbos regarding Mechitzos. While I haven't done a survey of all laws of Nezikin where this is used, I don't think that the laws of Nezikin are dependent on Mechitzos.
All the best,
Yaakov Montrose