Weekly Halacha Yomit: Kitzur Shulchan Aruch

We learn this week about many of the laws connected with Shabbat. The Kitzur tells us about the four different 'domains', which defines whether one can carry in them on Shabbat or not. One cannot carry from a private domain to a public domain or vice versa. A 'carmelit' or 'semi-public domain' is rabinically decreed to be like a public domain as regards to carrying, but one can make a carmelit into a private domain through means of an Eruv, thereby permitting carrying within its boundaries.

What is a public domain? …Some (authorities) say that while there aren't six hundred thousand people crossing it each day as there was in the camps in the desert it isn't a public domain but rather a semi-public domain. Therefore nowadays we don't have any public domains… (Kitzur 81:3)

One condition for an area to be declared a public domain is that there have to be "600,000 people crossing it each day" based on the number of males there were in the desert at the time of the census in the Torah (in both Shemot 12 and Bamidbar 2). The Kitzur then rules that in his time (c.1850) there are no public domains. One can argue that today there are some roads that do carry such large numbers in one day – meaning no Eruv can be made which includes such a highway. Some have contended that the 600,000 only applies to pedestrians, not vehicles (see She'arim Ha'Metzuyanim B'Halachah on 81:3). This is because a vehicle is considered a private domain and cannot be included in the number, and because the number 600,000 derives from the numbers of people on foot in the desert.

I now present an exerpt from an excellent article on Eruvin by Rabbi Hershel Schachter on the concept of 600,000:

[W]hether traffic of 600,000 is a requirement for a Reshut Harabim (public domain) is disputed among the Rishonim. For many years, it was accepted psak in Europe that the view of Rashi and Tosafot represented the majority opinions in requiring 600,000 people before labeling the area a Reshut harabim d'oraitha (Torah-decreed public domain). Therefore, rabbinic authorities permitted the establishing of Eruvin in cities lacking [600,000]…

In the early 1800's, however, Rabbi Ya'akov of Karlin, the author of Mishkenot Ya'akov, challenged the very foundation of this leniency. It is only Rashi and Tosafot, he claims, who say that a Reshut harabim must be traversed by rabim, (multitudes) and that "rabim" is defined as the number of Jews in the desert at the time of the Tabernacle, from which period these laws are derived. The Rambam, though, denies such a requirement, saying merely that the area must be owned by the public. The Mishkenot Ya'akov contends that the majority of the Rishonim agree with the Rambam against Rashi and Tosafot, thus effectively depriving us of the basis for many of our Eruvin. The Beit Ephraim, in a letter to Rabbi Ya'akov of Karlin later published in Mishkenot Ya'akov, defends the original approach against the attack of the Karliner Rov, contending that the majority of Rishonim do, in fact, agree with Rashi and Tosafot. Nevertheless, the strict opinon of the Mishkenot Ya'akov is cited by the Mishnah Brurah and Aruch Hashulchan.
[The Laws of Eruvin – An Overview , Halacha and Contemporary Society, Rabbi Hershel Schachter]

Disclaimer: None of the above is meant to be understood as practical halacha. The area of Eruvin is notoriously complicated halachically, so contact a competent Rav with any practical questions.

Wishing you all a Chag Atzmaut Sameach!

If you have any comments or feedback, please email daniel@worldmizrachi.org .

• Kitzur Shulchan Aruch with English linear translation: http://www.geocities.com/yona_n.geo/index.html
• Hebrew Kitzur Shulchan Aruch with nekudot: http://www.kitzur.net
• Hebrew Kitzur Shulchan Aruch without nekudot: http://www.shofar.net/Content/Kitzur_Shulchan.htm?id=5417
• Kitzur Shulchan Aruch project, calendars and order books: http://www.kitzuryomi.org/
• Kitzur Shulchan Aruch with Misgeret HaShulchan: http://www.hebrewbooks.org/9214
• Kitzur Shulchan Aruch with She'arim Ha'Metzuyanim B'Halachah:
  • Part 1 - http://www.hebrewbooks.org/14621
  • Part 2 - http://www.hebrewbooks.org/14622
  • Part 3 - http://www.hebrewbooks.org/14619
  • Part 4 - http://www.hebrewbooks.org/14620
• Selected chapters grouped by theme: http://www.torah.org/learning/halacha/
• New Artscroll Kitzur Shulchan Aruch. Sample available at: http://www.artscroll.com/Books/ksa1.html