INSIGHTS INTO THE DAILY DAF
prepared by Kollel Iyun Hadaf of Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
12TH CYCLE DEDICATIONS:
OPINIONS: Rav and Shmuel both rule in accordance with the opinion of Rebbi Shimon, who says that one may carry from one Chatzer to another even when no Eruv joins the Chatzeros, since all Chatzeros are considered a single Reshus. However, they argue whether Rebbi Shimon permits one to carry from one Chatzer to another even in a case where the houses in the Chatzer made an Eruv. Rav says that since the Eruv permits one to carry utensils from each house into the Chatzer, one may not carry anything from one Chatzer to another (without an Eruv between the Chatzeros), because one might think that he is permitted to carry the utensils that came from the house into another Chatzer, which is definitely prohibited. Shmuel says that Rebbi Shimon does not make such a Gezeirah; even though there are utensils in the Chatzer that came from the house (which may not be carried to another Chatzer), one may still carry utensils that were always in this Chatzer into another Chatzer.
The SHULCHAN ARUCH (OC 372:1) rules like Rebbi Shimon according to Shmuel, who says that one may carry utensils that were in the Chatzer into another Chatzer even when an Eruv was made in the first Chatzer, and some of the utensils were in the house when Shabbos began.
What is the Halachah with regard to utensils that were brought from the house into the Chatzer without an Eruv? May those utensils be carried in the Chatzer? That is, when there was no Eruv, and utensils were brought from the house into the Chatzer in a permissible way (for example, one wore an article of clothing into the Chatzer and took it off there), or even when one transgressed and brought them out in a prohibited manner, may one carry the utensils throughout the Chatzer once they are there, or is one limited to carrying them less than four Amos in the Chatzer, since it has no Eruv?
(This question pertains only to one who carries utensils inside of the Chatzer that belongs to the house from which the utensils were taken. It is clear that the utensils may not be moved from that Chatzer to another Chatzer, since, at the start of Shabbos, they were inside a house and there is no Eruv that joins the two Chatzeros.)
(a) TOSFOS (91b, DH v'Kelim) writes that one is permitted to carry throughout the Chatzer utensils that were brought from the house into the Chatzer without an Eruv. The Gezeirah of the Rabanan against carrying applies only to carrying from one type of Reshus (house) to another type of Reshus (Chatzer) when there is no Eruv, or to carrying utensils that were in the house when Shabbos began into a Chatzer other than the one which belongs to the house from which they were taken. Carrying in the Chatzer which belongs to the house, though, is permitted. This is also the opinion of RASHI in Shabbos (130b, DH Mutar).
(b) The BI'UR HALACHAH (OC 372:1, DH Shema Yetaltel) cites the opinion of the RASHBA in Avodas ha'Kodesh, who forbids carrying the utensils within the Chatzer, because without an Eruv, the Chatzer is similar to a Reshus ha'Rabim (since many people use it). The Bi'ur Halachah points out that this also appears to be the opinion of the RAMBAM (Hilchos Eruvin 1:1-2, 1:5).
HALACHAH: The BI'UR HALACHAH cites both opinions but does not render a conclusive decision. The CHAZON ISH (OC 104:22, DH v'Hilkach), however, writes that there does not appear to be a proper textual or logical source for the Rashba's ruling, and it is also not clear that this is indeed the opinion of the Rambam. Therefore, he concludes that we may be lenient and permit one to carry utensils that came from the house and that were taken into the Chatzer that adjoins the house.