More Discussions for this daf
1. Mechitzah 2. Pictures in Artscroll 3. Mavui Akum
4. Nailing-in a Mat in the Bend of a Mavoy Akum 5. Visible on the Outside but not Inside 6. Korah Heker
7. Tosfos DH ha'Kol 8. מניח הקורה באלכסון
DAF DISCUSSIONS - ERUVIN 8

simcha cohen asks:

Is it clear from tosfot d"h hakol that he hold the the reason for maboy is a heker so people dont mistakenly carry into a reshus harabim (he says la'fuki") where as rashi says that it is a heker not to confuse the maboy with a reshut harabim. i havent seen anyone medayek in tosfos like that.

The Kollel replies:

1) Reb Simcha, this is a very nice diyuk! Rashi on the Mishnah 2a writes that one has to put up the heker on a Mavoy so that one should not confuse it with Reshus Harabim, whilst Tosfos 8b DH Hakol writes that the problem is that one might come to take objects out from the mavoy into the Reshus Harabim.

2) However, I think that according to the Chidushei Harashba, 8b DH Amar Rav Chisda, we can say that there is no dispute between Rashi and Tosfos. Rashba writes in the name of Tosfos that because the lechi is so thin we make a gezera that one might come to carry outside the lechayim because it is a "Davar Mu'at". The Rashba is telling us that there is a special reason that Tosfos writes that one might take objects out; because "between the lechayim" is so close to Reshus Harabim. However Tosfos can agree to Rashi that the reason why, generally speaking, one may not carry inside a mavoy (even in a part of the mavoy further away from Reshus Harabim) is so as not to confuse a mavoy with Reshus Harabim. If we do not require a lechi on a mavoy, people will make a mistake and say that just like one may carry inside the mavoy, so too may one carry in Reshus Harabim.

3) However there is a Rishon who learns the way you learn in Tosfos, Reb Simcha. This is Rabeinu Yehonasan, on the Rif, at the very beginning of the Masechta, who writes that the reason that Chazal required a heker is so that people in reshus harabim should not carry into the reshus hayachid and vice versa.

Kesivah vaChasimah Tovah

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