ERUVIN 90 (28 Sivan) - Dedicated in memory of Hagaon Rav Yisroel Zev (ben Rav Avrohom Tzvi) Gustman, zt"l, Rosh Yeshiva of Yeshivas Netzach Yisrael-Ramailes (Vilna-Brooklyn-Yerushalayim), author of "Kuntresei Shi'urim" and renowned Dayan in pre-war and post-war Vilna, on his Yahrzeit. Dedicated by Harav Avraham Feldman of Yerushalayim, Dr. Yehoshua Daniel of Efrat, and Rabbis Eliezer and Zalman Stern of New York, who merited to study under the Rosh Yeshiva zt"l in Yerushalayim.
ERUVIN 90 (3 Teves) - the Dafyomi material for today has been dedicated in memory of Hagaon Rav Yisroel Zev Gustman Ztz"L (author of "Kuntresei Shiurim") and his wife, Rebbetzin Sarah Gustman (daughter of Hagaon Rav Meir Bassin, a Dayan in Vilna) in honor of the day of the Yahrzeit of the Rebbetzin. Sponsored by a number of Rav Gustman's Talmidim (Yechiel Wachtel, Michael Starr and Mordecai Kornfeld).

[90a - 32 lines; 90b - 26 lines]

1)[line 1]לנטורי תרביצא הוא דעבידאLINTUREI TARBITZA HU D'AVIDA- it is made to guard the garden (and he has therefore willingly removed himself from the other rooftops)

2)[line 2]שתי אמות בגג ושתי אמות בעמודSHTEI AMOS B'GAG U'SHTEI AMOS B'AMUD- [to carry from the] two Amos at the edge of a roof to [the closest] two Amos of a pillar (whose surface has at least four Tefachim in both width and length and which is ten Tefachim tall. The pillar is standing in Reshus ha'Rabim right next to the roof.)

3)[line 4]אגב חורפיה לא עיין בהAGAV CHURFEI LO IYEN BAH- [Rami Bar Chama certainly did not mean to ask such an obvious question; rather] due to his quickness of thought, he asked his question hurriedly and therefore phrased it improperly

4)[line 6]באכסדרהACHSADRAH- (a) an area that is covered by a roof and has no Mechitzos (RASHI 90b DH Achsadrah b'Vik'ah); (b) an area that is covered by a roof and is enclosed on three of its sides (TOSFOS 25a DH Achsadrah b'Vik'ah). It has the status of a Karmelis.

5)[line 5]הכי קמיבעיא ליהHACHI KA'MIBA'I LEI- this is what he really wanted to ask

6)[line 8]חדא רשותא היאCHADA RESHUSA HI- this is not necessarily similar to the case of two adjoining roofs where the Rabanan clearly forbid the transferal of objects from one to the other, since roofs have separate, divided Reshuyos underneath them, while an Achsadrah does not.

7)[line 12]וכי מאחר אתאי ונצאיV'CHI ME'ACHER ASA'I V'NATZA'I- did I come here to ask another person's question; i.e. just in order to make a fuss?

8)[line 14]מאי קמיבעיא ליהMAI KA'MIBA'I LEI- That is, if the Churvah is inhabitable, even those who allow the transferal of objects from one roof to another would not allow transferal of objects to the Churvah.

9)[line 20]השויןHA'SHAVIN- of equal height

10)[line 27]קרפף יותר מבית סאתים שלא הוקף לדירהKARPAF YOSER MI'BEIS SE'ASAYIM SHE'LO HUKAF L'DIRAH

(a)Karpifos are enclosed areas that are located outside of a settlement, used for storage and other such purposes. Lo Hukaf l'Dirah means that the enclosure around the Karpaf was not built for residential purposes.

(b)A Beis Se'asayim is a parcel of land in which two Se'ah of grain are able to be planted. This is the same as the area of the Azarah of the Mishkan; namely, 50 by 100 Amos (approx. 1,152 square meters [12,400 square feet] or 1,659 square meters [17,856 square feet], depending upon the differing Halachic opinions).

(c)Since it is fully enclosed, a Karpaf is a Reshus ha'Yachid. One who throws an object into it from a Reshus ha'Rabim is Chayav to bring a Korban Chatas mid'Oraisa. However, when it is enclosed not for residential purposes but rather for storage and the like, and it is larger than a Beis Se'asayim, the Chachamim prohibited carrying in it more than four Amos lest people mistake it for a Reshus ha'Rabim.


11)[line 3]להבריח מיםL'HAVRI'ACH MAYIM- lit. to chase away water; i.e. and not for residential purposes

12)[line 7]כפאה על פיהKEFA'AH AL PIHA- he turned it upside down

13)[line 10]לזופתהL'ZOFSAH (L'ZAFSAH)- to smear it with tar (at which point in time the walls of the ship are not there for residential purposes)

14)[line 11]אאכסדראACHSADRAH- see above, entry #4

15)[line 15]פי תקרה יורד וסותםPI TIKRAH YORED V'SOSEM

(a)The Torah requires Mechitzos (partitions) for various Halachos (e.g. defining a Reshus ha'Yachid for the purposes of carrying on Shabbos and creating a Kosher Sukah). A Mechitzah must be ten Tefachim high and enclose an area of four by four Tefachim. (See Insights to Eruvin 86a.)

(b)When an area is covered by a roof, a Halachah l'Moshe mi'Sinai states that the edge of the beams of the roof "descends and encloses" (Pi Tikrah Yored v'Sosem), even though that side is completely open and has no physical partition. We may consider the area enclosed for Halachic purposes (see Insights to Eruvin 25:2). Amora'im argue as to whether Pi Tikrah can be used to enclose all four sides or only to enclose three sides when one Mechitzah already exists (according to RASHI; see Insights ibid.).

(c)In certain instances, Pi Tikrah cannot be applied:

1.Pi Tikrah is not applied to a roof that is sloped.

2.According to TOSFOS (Eruvin 86b DH Gezuztera), citing RASHI (Sukah 18b), it is not applied unless the roof beam is at least one Tefach thick.

3.According to TOSFOS (Eruvin 86b ibid.), it does not apply when the height of the roof beam is corrugated rather than smooth.

16)[line 9]ורב אליבא דר''מ ליטלטלי מגג לחצרV'RAV ALIBA D'RAV MEIR NITALTEL MI'GAG L'CHATZER- Rav maintains that according to Rebbi Meir many roofs - even if they are larger than a Beis Se'asayim - together have the status of a Reshus ha'Yachid. Accordingly, one should be able to carry from them to a Chatzer, which also has the status of a Reshus ha'Yachid.

17)[line 18]משום דרב יצחק בר אבדימיMISHUM D'RAV YITZCHAK BAR AVDIMI- The Gemara answers that the reason why Rebbi Meir does not permit such a thing is because of what Rav Yitzchak Bar Avdimi quoted in the name of Rav on 89a: we are worried that one may come to transfer an object to a Tel bi'Reshus ha'Rabim (see Background to 89:7).

18)[line 19]ושמואל אליבא דרבנן ניטלטל מגג לקרפףU'SHMUEL ALIBA D'RABANAN NITALTEL MI'GAG L'KARPAF- Shmuel maintains that according to the Rabanan a single roof which is larger than a Beis Se'asayim has the status of a Karmelis. Accordingly, one should be able to carry from there to a Karpaf, which has the similar status of a Karmelis. Although one may only carry four Amos in a Karmelis larger than a Beis Se'asayim (see above, entry #10), the question here is that one should be able to begin counting part of those four Amos in one of these areas and finish in the other.

19)[line 20]שמא יפחת הגגSHEMA YIPACHES HA'GAG- perhaps [part of] the roof will [cave in and] diminish in size. The Rabanan fear that in such a case the owner will move the walls of his house in to the edge of the remaining roof, thereby completing the Mechitzos of the roof which is now only a Beis Se'asayim and therefore a Reshus ha'Yachid.

20)[line 24]לא מינכרא מילתאLO MINKERA MILSA- [since there are no Mechitzos,] it is not obvious [that the area is less than a Beis Se'asayim]

21)[line 25]כשתמצא לומרKISHE'TIMTZA LOMAR- (lit. when you find to say) the bottom line is