Mishnah
Mishnah

Halakhah for Beitzah 3:8

אוֹמֵר אָדָם לַחֲבֵרוֹ, מַלֵּא לִי כְלִי זֶה, אֲבָל לֹא בַמִּדָּה. רַבִּי יְהוּדָה אוֹמֵר, אִם הָיָה כְלִי שֶׁל מִדָּה, לֹא יְמַלְאֶנּוּ. מַעֲשֶׂה בְאַבָּא שָׁאוּל בֶּן בָּטְנִית, שֶׁהָיָה מְמַלֵּא מִדּוֹתָיו מֵעֶרֶב יוֹם טוֹב וְנוֹתְנָן לַלָּקוֹחוֹת בְּיוֹם טוֹב. אַבָּא שָׁאוּל אוֹמֵר, אַף בַּמּוֹעֵד עוֹשֶׂה כֵן, מִפְּנֵי בֵרוּרֵי הַמִּדּוֹת. וַחֲכָמִים אוֹמְרִים, אַף בְּחֹל עוֹשֶׂה כֵן, מִפְּנֵי מִצּוּי הַמִּדּוֹת. הוֹלֵךְ אָדָם אֵצֶל חֶנְוָנִי הָרָגִיל אֶצְלוֹ, וְאוֹמֵר לוֹ, תֵּן לִי בֵּיצִים וֶאֱגוֹזִים בְּמִנְיָן, שֶׁכֵּן דֶּרֶךְ בַּעַל הַבַּיִת לִהְיוֹת מוֹנֶה בְּתוֹךְ בֵּיתוֹ:

A man may say to his neighbor: "Fill up this vessel for me," but not with the measure [i.e., with a vessel used for measuring and selling. But if it is not specifically used for that, even though it "stands" to replace the regular measuring vessel if it breaks, it is permitted to fill it (on yom tov)]. R. Yehudah says: If it were a measuring vessel, [even though he had not yet assigned it as such], he may not fill it. [The halachah is not in accordance with R. Yehudah.] Once, Abba Shaul b. Batnith filled his measures on yom tov eve, [it being forbidden to measure on yom tov], and gave them to his customers on yom tov. Abba Shaul says: He did so also on Chol Hamoed (because of the time it takes) to ascertain the exact measure, [in order to avoid neglect of Torah study. For many would come to make inquiries of him on Chol Hamoed, when they were not taken up with their work; and he would fill up his measures at night, when the house of study was not frequented, so as to be free in the daytime.] And the sages say: He did so also during the week because of the draining of the measures. [When he sold oil, he did so with many measures. The customers would bring their vessels and he would measure (oil) for each one separately. The oil would drain into their vessels the entire night so that no oil remained on the sides of his measures and the customers were not "cheated."] One may go to a shopkeeper that he regularly patronizes and ask him for a particular number of eggs or nuts; for it is customary for one to count in his house.

Gray Matter I

The Shulchan Aruch (Orach Chaim 345:7) cites (and presumably accepts) the view that an area is a reshut harabim even without 600,000 people, although he does cite the other view as a secondary opinion.11The Shulchan Aruch's view is somewhat unclear, as he appears to contradict himself in Orach Chaim (303:18). There he writes that no places today qualify as reshuyot harabim. Presumably, his reason is that he requires 600,000 people for a reshut harabim. Regarding the practice of Sephardic Jews today, see Yabia Omer (vol. 4, Orach Chaim 47:4) and page 7 of Rav Mordechai Eliyahu's comments to Rav Zechariah Ben-Shlomo's Hilchot Tzava. The Rama (O.C. 346:3) indicates that he accepts the requirement of 600,000.12This is inferred from the Rama's statement that in our day there are no reshuyot harabim. While logic would dictate that the Rama is writing this because he believes that only a place with 600,000 people constitutes a reshut harabim, this inference presents a certain difficulty. The Shulchan Aruch (Orach Chaim 303:18) also writes that there are no true reshuyot harabim, yet he appears to rule that 600,000 people are not required for a reshut harabim (O.C. 345:7). The Magen Avraham (345:7) points out this problem. Both the Magen Avraham (345:7) and the Taz (345:6) cite the view of the Ma'sat Binyamin (92) and the Maharshal (Yam Shel Shlomo, Beitzah 3:8), who rule that the presence of 600,000 people is not required. However, the Magen Avraham and Taz themselves disagree with these authorities and write that the majority view is that of Rashi, requiring 600,000 people. The Aruch Hashulchan (345:17) writes that the eruvin in the Jewish towns of Eastern Europe relied on this accepted leniency; otherwise, they could not have used tzurot hapetach.
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