REVACH L'DAF
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| ERUVIN 20 (9 Elul) - Dedicated to commemorate the Yahrzeit of Chana bas Mordechai Eliezer z'l. |
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SUMMARY
1. One may carry from a private yard into the area within the Pasim (and vice versa), provided that the yard opens directly into the area between the two Pasim of one side of the Pasei Bira'os.
2. There is a dispute about the law in the case (similar to #1) of two yards, separated by a wall, when open into the area of the Pasei Bira'os.
3. If the water of the well dried up on Shabbos, the Pasim are no longer effective.
4. If rain fell on Shabbos, filling up a well that had been dry, one may carry on that Shabbos within the Pasim.
5. If a person throws an object from Reshus ha'Rabim into an area surrounded by Pasei Bira'os, he is liable, even if there is no well within the Pasei Bira'os.
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A BIT MORE
1. Once the leniency of Pasei Bira'os is employed, the area within the Pasim is considered a Reshus ha'Yachid. Since no people live in that domain, it is not necessary to make an Eruv to permit carrying from that domain to one's yard (and vice versa).
2. Rava: If they make an Eruv Chatzeros through an entrance in the wall that connects the two yards, the residents of both yards may carry in the area of the Pasim. Rav Huna: The residents of the two yards may not carry even if they make an Eruv Chatzeros, because outsiders who do not know about the small entrance in the wall will think that an Eruv Chatzeros was made between the two yards because they are connected by the area within the Pasim.
3. This is because the entire leniency was based on the need for animals to have water. If the water is no longer there, the area must be treated as a Reshus ha'Rabim.
4. This is because any wall that is made on Shabbos is considered a wall. The only exception to this rule is that the Rabanan said that one should not carry within an area around which a wall was built intentionally on Shabbos.
5. In other words, Pasei Bira'os, according to Torah law, creates an area that is a Reshus ha'Yachid, despite the fact that there is no well there and that people constantly walk through the area. The Rabanan sanctioned carrying in it l'Chatchilah only when there is a well (with water) in it, but it is a Reshus ha'Yachid mid'Oraisa in any case.
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