I do not understand why this gezeyra that was established according to the Bavli by the Anshei Knesses Hagedola would be docheh a d'oraisa when it is very unlikely that anyone would actually carry into a reshus harabim d'oraisa, which rarely exist in the first place. And if this was a strong issue, why was this concept not mentioned in the Yerushalmi? Thanks.
David Goldman, USA
Shalom Rav,
Notwithstanding the opinion of some Rishonim, I am not so sure that a Reshus ha'Rabim is as rare as you make it out to be. In any event, the Gemara considers Yerushalayim a Reshus ha'Rabim.
Be that as it may, it does not need a lot of people that will transgress to justify a Gezeirah. Such is the sanctity of Shabbos, a small number of people will suffice. I would add that whereas, on one hand the Chilul Shabbos in this case may not be too common, on the other hand I do not think you can call it rare either. Consequently, it is fair to say that they considered the likelihood of Chilul Shabbos worthy of pushing off an Aseh with a Shev v'Al Ta'aseh.
As for the Yerushalmi (which I did not check), it seems to me that your initial Kushya answers it nicely. It therefore transpires that the point you raised is in fact a Machlokes between the Bavli and the Yerushalmi.
B'Virchas Kol Tuv,
Eliezer Chysler
Thank you. On the other hand, how does the decision of R. Yochanan Ben Zakkai that shofar is permitted on Shabbos before a Beis Din get around the chashash of carrying In Reshus harabim??
And regarding lulav, it seems that the Yerushalmi has no issur at all, and the Bavli doesn't explain what a person would need to know since the bracha and nanuim are not something that a person needs training in and see not me'akev
Sholom Rav,
Question #1. The Meforshim explain that, since they are blowing in a town which has a Beis-Din (and in front of Beis-Din -Tiferes Yisrael, the Beis-Din will see to it that Shabbos is not desecrated.
Question #2. We have already dealt with.
Question #3. The Gemara in Sukkah (at the end of 42b) specifically writes that Chazal were concerned that a person might take his Lulav to a Baki to learn (how to shake it and the B'rachos - Rashi).
Be'Virchas Kol Tuv
Eliezer Chrysler.