More Discussions for this daf
1. Man and Animal 2. Mechitzas Established on Shabbos 3. Mechitzah Shel Bnei Adam
4. Mechitzah for the third wall of the Sukah 5. Shavas b'Me'arah 6. A Human used as a Temporary Wall
7. What Happened to the Hukaf 8. מחיצה של בני אדם
DAF DISCUSSIONS - ERUVIN 44

Chaim Marcus asked:

A few Gemaras made me wonder when exactly are you allowed to be mishtamash with a mechitza that was made on shabbos and when not? A mechitza made of people can be erected, but why can it be used to be matir? Maybe not tiltul but other things yes?

Chaim Marcus, Springfield, NJ

The Kollel replies:

Dear Chaim,

A mechitza which was made on shabbos, even illegally, Min Hatorah is a valid Mechitza (Eruvin 15a). However, it can be used only when it came about by itself, by a Jew b'Shogeg (he forgot it was Shabbos or didn't know it was forbidden to do) or by a non-Jew for ??himself.

If it was made on purpose (Maizid) then it cannot be used as the Rabbis imposed a Knas (fine). However, one cannot throw from the street into the area enclosed by this mechitza because M'd'Oraisa it really "works".

On Shabbos, a Mechitza can be made of people since there is no semblance of "building", but only if they don't realize they are forming a Mechitza (in order ??not to cheapen Shabbos).

The Rama says this Heter should only be used when in need. (Mishna Brura 362:16-24).

A human Mechitza can also be used to allow a person to return back into his T'chum (2000 Amos). Again, only if they don't know that they are being used as such. (Mishna Brura 405:6-11).

All the best,

Reuven Weiner