Eruvin 24-25    The infamous קרפף, and Eruvin in resorts

We have seen that even though on a biblical level, an area surrounded by halachically acceptable partitions is considered a רשות היחיד , and one is  liable for transferring an object from it to a רשות הרבים, various concerns made Chazal impose other criteria in order to be able to carry with such an area.

In an area greater than a בית סאתיים , the area of the courtyard of the mishkan, which was 5000 square amos, inferior partitions made of only vertical or horizontal components, are not always sufficient.

In order to carry from one adjoining רשות היחיד  to another, an עירוב חצירות  is required, a requirement that forms the main subject of the next chapter.

We also see on our daf that an area that has not been מוקף לדירה (enclosed for the sake of habitation) might also not be considered a רשות היחיד .

Examples of this are enclosures used for growing vegetables. As the purpose of the enclosure is to protect the vegetables and not to mark an area for human habitation, the area has not been מוקף לדירה  and it is not treated with the leniencies of a רשות היחיד .

In addition, if such an area is contained within an area that has been enclosed for habitation and not fenced off, it can also nullify the partitions making it forbidden to carry within the entire area.

This restriction can have a major impact on large holiday resorts, particularly those in nature reserves, whose fences enclose a large area that usually includes many such areas that are not only not  enclosed for habitation but are also not even fit for habitation- these could  include natural bush and/or jungle, large ponds or lakes, and even areas inhabited by wild animals.

Not every such גינה  or קרפף  is subject to this stringency, however.

The Mishna on daf 23a told us that so long as a קרפף is less than our now famous בית סאתיים  measurement (5000 square amos,) one is permitted to carry within it.

Although there is some debate in the Mishna as to what criteria are needed even for such an area to be permitted, the Amoraim on daf 23b rule leniently like Rabbi Akiva that this permission is not dependant on any conditions.

On our daf 24a, Rav Nachman teaches us that a קרפף larger than this which was originally not closed for purposes of habitation may be validated for such purposes with a relatively simple fix:

One makes a gap in the boundaries of more than 10 טפחים, thus invalidating them, and recloses it with the correct purpose in mind.

While this could be a solution in resorts that agree to such an act, it might only work if there are no areas larger than a בית סאתיים  that remain physically unfit for habitation- this requires further discussion but could be a lingering constraint in the way of using the properties boundary fences as valid Eruv partitions.

Another issue commonly encountered is the issue of bodies of water on the properties, such as large ponds or lakes, larger than a בית סאתיים  which are unfit for human habitation, and might even contain crocodiles, hippos, or other dangerous animals.

Our Gemara makes it clear that although a body of fresh water which is fit for drinking  does not invalidate an area that has been enclosed for habitation (as Rashi points out, there is no greater habitation-related need than water!), this does not apply if the water is not fit for its normal use, which Rashi identifies as drinking.

As such bodies of water most often do not contain water that is fit for drinking, even in the absence of dangerous animals that make it their home, they might be problematic, depending on what the halachik definition of “fit for drinking” is and how the particular body of water fits that definition.

Another interesting question is whether there are any solutions for a  קרפף  that is slightly over the 5000 square amos threshhold.

On Daf 25a, the Gemara discusses whether one can reduce its area by partitioning part of it with trees and says that this is not sufficient .

It does allow one to build a platform large and high enough to be its own רשות היחיד  inside that area, thus taking it below the threshold.

Lots more to say and discuss about קרפפים  but it almost Shabbos, so Shabbat Shalom for now!

These posts are intended to raise issues and stimulate further research and discussion on contemporary topics related to the daf. They are not intended as psak halacha.

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s