On that back lot in Pum Hahara, Abaye said that a tzuras hapesach is not allowed between the path and the back lot because the camels would topple it. Why should this matter?
Once the tzuras hapesach is up, (and the path is permitted by being seperate from the lot, and the lot becomes simultaneously re-enclosed) doesn't the entire lot take on the status of an area enclosed for residential use? Wouldn't the existing stone walls be reestablished as a residential enclosure by the tzuras hapesach, and keep that status, even after it was removed?
Thanks,
Gedaliah
You are asking an excellent question. It seems that we must say one of two possibilities:
(a) The ME'IRI writes that since the Mechitzah is destined to be knocked down, it is not a valid Mechitzah to make the area considered Hukaf l'Dirah and the area is not considered Hukaf l'Dirah in the first place. (This might be inferred from Tosfos, 11a, DH I'leima. See the Bi'urim to the Me'iri 2:31.)
(b) In order to make the area Hukaf l'Dirah, generally it is necessary to erect a new Mechitzah for the sake of Dirah in a place where, until now, there was no Mechitzah. In such a case, it is obvious that if the new Mechitzah falls down, the area which it was serving to enclose also loses its status of an enclosed area (since the area is lacking in Mechitzos). However, in our Sugya Abaye teaches that even if the Rechavah has already been completely enclosed, nevertheless when one makes a Tzuras ha'Pesach between that area and the road, since ("Migo") it works for the road it also works for the Rechavah to make it considered to be Hukaf l'Dirah (see Rashi, DH Mehani Nami).
It could be, then, that if the Tzuras ha'Pesach falls , then whichever way we look at it, the Mechitzah has been annulled: if the Tzuras ha'Pesach was considered a Mechitzah in a place where there was no Mechitzah until now (even for the Rechavah) through the mechanism of "Migo," then now that it has fallen, the Mechitzah has been annulled (even for the Rechavah), because it is as if the Mechitzah became breached more than ten Amos. On the other hand, if the enclosure of the Rechavah is not affected by the fall of the Tzuras ha'Pesach, since in reality it already has its own Mechitzos, then the Tzuras ha'Pesach never really added anything to the Rechavah to begin with. Therefore, whichever way we look at it, if the Tzuras ha'Pesach has fallen, the Rechavah is not Hukaf l'Dirah.
Be well,
-Mordecai