Re: Curricula on eruv
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Re: Curricula on eruv

June 07, 2012 01:07AM
I enjoyed the video about the eruv, but it played into a very common misconception about the eruv and other similar rabbinic "loopholes."

The eruv is NOT a rabbinic legal loophole to permit carrying on Shabbos!

There is a general rule about rabbinic loopholes from the Mishnah that states: "The Rabbis only give you what is already yours."

This means that any rabbinic loopholes or heteirim only permit something that is really permitted already, but is forbidden by a rabbinic injunction.

In the case of the eruv, the Torah only prohibits carrying in a true "public domain." However, according to most opinions a regular residential area does not qualify as a public domain, but as a "karmalus," or a semi-public domain.

Because this looks similar to a public domain, the rabbis prohibited carrying there, for fear that a person will not be aware of the truly "invisible" distinction and continue carrying into a public domain. However, if the permitted area is marked off by an eruv, this is sufficient to make the public aware of the area permitted for carrying on Shabbos.

We see this practically. The general public is not aware of the laws of carrying on Shabbos, but they do know the boundary lines of the eruv. This makes them "safe" from carrying in a true public domain, because a competent rav checked that this area contains no public domains.

Another halacha that illustrates this--one is permitted (actually obligated) to remove a public hazard, such as broken glass, from a karmalus on Shabbos EVEN WITH OUT AN ERUV. Here we see that the rabbinic prohibition on carrying is lifted under special conditions.

No eruv, however, would permit carrying in a true public domain.

The same logic applies to any rabbinic loophole. The rabbis set up a system of additional prohibitions to raise awareness of an issue, and then create loopholes to bypass their own prohibitions in a way that minimizes errors.
Subject Author Posted

Curricula on eruv

Ilana Benson May 23, 2012 02:27PM

Re: Curricula on eruv

Abie Zayit June 06, 2012 12:40AM

Re: Curricula on eruv

Benyomin Walters June 07, 2012 01:07AM



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