The Gem on 2b brings down a Mishna from 7b stating that all residents were required to assist in the construction of the gatehouse. In the Artscroll Gem. a picture is drawn of this, showing that this gatehouse is built in Reshus Harabaim.
Is this not a problem? Shouldn't it be built INSIDE the Chotzer? If the residents of the Chotzer are bearing the cost of the material then they should also have to contribute the land for it. Also, don't we want the Reshus Harabim to be clear for traffic?
Do we also not see in the Mishna on Daf 27B that if a tree hangs down over Reshus Harabim one may cut off the branches to provide clearance for a camel + to pass underneath. So how do we initially allow an impediment to be built in Reshus Harabim on the ground itself that may end up being 4 amos high?!
Regardless of the above, from the Gem. about Eliyahu Hanavi on 7b we see why the gatehouse had to be built in Reshus Harabim.
May we thus conclude that "Tzorchei Aniyim" overrides "Tzorchei D'Rabim" and 'Tirchei D'Rabim'.
Is this a proper diyuk?
Yet the following disturbs me:
1. Rashi on 2b DH Beis HaShar defines this as a curved wall, opposite and around the courtyard gate, with a small door on the side to prevent people from seeing in. This fits in well with the Gem. on 7b. Yet the Bartenura and the Tiferes Yisroel in the Mishnayis learn Beis Shar simply as a self contained guardhouse outside the wall. Why don't they learn like Rashi which fits in so well with the Gem.?
2. Of what use is a small door at the end of the curved wall, if a big door is required to get things in and out of the Chotzer? Also, it is the second wall that prevents people from being able to see in; not the size of the opening at the end of the wall.
The following should be answered as well:
3. Rashi on 7b DH 'Kofin Oso' says that a gatekeeper sits in the shade of the gatehouse. If this is so, then let's build the gatehouse inside the Chotzer and since there is a gatekeeper sitting in its shade, then there is only the one door of the Chotzer between him and the Aniyim and he will be able to hear them and to let them in!
4. Is 4 amos high enough for this wall, or would everyone agree that it has to be at least 'K'Gamal Verochvo'?
Kol Tuv,
alex lebovits, toronto, canada
Alex - Shalom Aleichem! This is another "bomber kashya"!
I want to answer that the Beis Sha'ar is actually situated in Tzidei Reshus ha'Rabim. Rashi Kesuvos 31b DH Tzidei writes that rocks and obstacles were placed outside the houses to prevent the carts rubbing against the houses. Rashi Kesuvos 86b DH Tzidei adds that people do not usually walk too near the walls of the houses because they do not want to scrape against the wall. So it is in this sidewalk area that the Beis Sha'ar was situated and it did not disturb the people in the Reshus ha'Rabim that much because anyway they did not use that area. In contrast, the Mishnah 27b is referring to branches of a tree which hang over Reshus ha'Rabim itself but if they only hung over Tzidei Reshus ha'Rabim one would not be required to cut them down.
According to this, the Diyuk that Tzorchei Aniyim overrides Tzorchei Rabim or Tircha d'Rabim might not necessarily be inevitable.
1. I think the simple Pshat is that the Bartenura and Tiferes Yisrael are more concise in their commentary on the Mishnah than Rashi was on his commentary on the Gemara, so they did not tell us all the details about the Beis Sha'ar.
2. The big door to take things in and out of the Chatzer is not used very much - only when it is necessary to deliver goods etc. and for that short time the people in the Chatzer will be careful not to do anything very private. The small door is for people to go in and out of, so we make sure it is small so that everyone outside will not be able to see things inside the Chatzer every time one of the inhabitants comes in or goes out.
3. Rashi 7b DH v'Lo writes that the paupers come and scream and this way the people inside the Chatzer hear them and have pity on them and want to give them Tzedakah. Then they will come outside and give them money, but if we would rely solely on the gatekeeper he, and the dwellers in the chotzer, would not always want to let the Aniyim inside.
4. I have not yet found anyone who writes specifically about this question but it seems probable to me (especially since nobody seems to say otherwise) that four Amos is sufficient for this wall too. Rashi 5a in the Mishnah DH Mechayvin writes that four amos is enough to remove Hezek Re'iyah. However, of course this is referring to a wall in the middle of the courtyard between two partners, while the wall of the Beis Sha'ar is to prevent people looking in from Reshus ha'Rabim and these people might be riding high on a camel. Nevertheless I have a hunch that when Rashi 7b in the Mishnah DH Kofin writes that the Beis Sha'ar is to prevent people in the Reshus ha'Rabim from peeping into the Chatzer, this is principally aimed at people standing just outside the Chatzer and having a Shmooze there and in the process also observing everything that is going on inside. In contrast the fellow riding past on his camel does not have time to look closely at what is going on inside. In addition we noted above that he does not go on the Tzidei Reshus ha'Rabim so he does not really get very close to the Chatzer. Therefore I think that Kedei Gamal v'Rochvo is not necssary.
Alex - wishing you a kesivah u'Chasimah Tova and a very happy and successful New Year and looking forward to receiving lots more "bomber Kashyos" from you and everyone else!
Kol Tuv,
Dovid Bloom
Here is a slight addition to the answer to your first question. One can point out that the way of building a gate to a courtyard etc. was to leave a certain amount of space in front of the gate, so that it did not open out directly into the main road where everyone travelled. I think one can also observe this nowadays with buildings which possess an imposing gate:- that there is usually a space in front of the gate. As a result there is enough room to build the Beis Shaar before one gets to the reshus harabim itself, so consequently the Beis Shaar did not disturb the traffic.
To return to my first answer about Tzidei Reshus Horabim (which is actually not so different from this new answer about the space in front of the gate). I have found in the Mishneh Berurah Hilchos Sukah 637:10 that he discusses what the Heter is to make a Sukah in Reshus Horabim. He cites the Shoel u'Meshiv who writes that the street in front of one's house belongs to the householder and is not considered Reshus Horabim. The Biur Halacha DH v'Kein mentions a svara that there is only a problem if one makes one's Sukkah in the marketplace where there are lots of bypassers and this disturbs their movement, but if one builds the Sukah in Tzidei Reshus Horabim near one's front door, this is in order.
So Borukh she-Kivanti to the Shoel u'Meshiv. One sees from this that what one does in Tzidei Reshus Horabim does not disturb the traffic. So now we can say that just as one is allowed to build a Sukah, which is a Mitzva, in Tzidei Reshus Horabim so also is one allowed in Tzidei Reshus Horabim to build a Beis Shaar, which is also a Mitzva - so that the paupers can be heard when they call outside the chotzer.
In addition, concerning question 4 above, one of the Gedolim also answered that licheora 4 amos is sufficient for this wall.
Gmar Chasima Tova
Dovid Bloom