Small house: eiruv placement and dividing a chatzer
The sugya
The shiur finishes the braisa of a house that is not four amos by four amos. It first reviews the three eiruv-related dinim and the Gemara's correction of the Mishnah of eiruvei chatzeiros. It then learns the last din, v'ein ha'achin v'hashutfin cholkin bo. The Gemara asks from the Mishnah that a chatzer is only divided if each partner gets four amos, and reinterprets the din as ein bo din chalukah kechatzer. The Rebbi explained the machlokes Rav Huna and Rav Chisda on how a chatzer is divided, with a diagram, and said he would go over it again tomorrow.
Step by step (shakla v’tarya)
- ChazarahReview of the list of dinim of a house less than 4x4. The first five are mezuzah, maakeh, negaim, batei arei chomah and returning from the war. Three relate to eiruv: eiruvei chatzeiros, mavui, and where the eiruv is placed. The ninth is connecting two cities (ibbur). The tenth, brothers and partners not splitting it, is today's piece.
- In answer to a question: a mavui must be closed on the back side. It is like a cul-de-sac.
- ChazarahLine 15, d'tnan. The six-word Mishnah: eiruvei chatzeiros bechatzer, shitufei mevuos bemavui. Shituf is another word for eiruv.
- KashaCan an eiruv chatzeiros really be placed in a chatzer? Another Mishnah says one who puts his eiruv in a beis shaar, achsadra or mirpeses has no eiruv. One who lives there also has no effect, as if he lives nowhere.
- TeirutzElla eima, making it an eight-word Mishnah: eiruvei chatzeiros goes in a house in the chatzer. Shitufei mevuos goes in a chatzer in the mavui, even an open courtyard, as long as the eiruv is protected and intact.
- MaskanaV'hai lo garua: this small house is no worse than a chatzer in the mavui, so a shituf may be placed in it.
- RashiRashi: take away the walls, as if they are not there, and you have a good eiruv.
- ChazarahSo the restriction against placing an eiruv in a small house applies only to an eiruv chatzeiros, where everyone must live in one dwelling. It does not apply to an eiruv of a mavui.
- GemaraLine 25: v'ein ha'achin v'hashutfin cholkin bo. At face value, brothers or partners cannot force a split of such a house, as is normally done when dividing an estate or partnership.
- KashaThis implies that if the house has four amos, it can be divided, leaving two amos each. But the Mishnah says ein cholkin es hechatzer ad sheyehei ba arba amos lazeh v'arba amos lazeh. The same applies to a bais.
- So a split needs at least 8 amos for two people, and 20 for five heirs. Even 7.999 cannot be split. A forced sale is a different matter.
- Reading the din as simply 'you cannot split it' is a stretch, since all the other items in the list are a different kind of din.
- TeirutzElla eima: ein bo din chalukah kechatzer. This is a whole new meaning, not merely that it cannot be split.
- MachlokesRav Huna: chatzer lefi pischeha mischalekes, divided according to its entrances. Rav Chisda: nosen lechol pesach u'pesach arba amos, v'hashe'ar cholkin oso b'shaveh.
- Diagram: a chatzer surrounded by houses, entered from the mavui. Everyone uses the chatzer, for example for laundry and other outdoor work. The question is how much space each one gets.
- Example: Reuven owns three small houses and Shimon one large house. According to Rav Huna, Reuven gets three parts and Shimon one, because it goes by doors. According to Rav Chisda, each door gets four amos and the rest is split evenly by person, 50-50, so Reuven gets much less.
- The RebbiThe reason for the four amos per door: everyone has the right to load and unload into his house, regardless of its size. Others may not put their things in front of his door.
- MaskanaPunchline, to be reviewed tomorrow: a house in the chatzer that is less than 4x4 gets nothing. It is not included in the division of the chatzer. It is like a broom closet or maintenance closet.
Kashas
- Eiruvei chatzeiros bechatzer? The Mishnah says an eiruv placed in a beis shaar, achsadra or mirpeses is not an eiruv.
- If a house of four amos may be divided, this contradicts the Mishnah ein cholkin es hechatzer ad sheyehei ba arba amos lazeh v'arba amos lazeh.
Teirutzim
- Ella eima: eiruvei chatzeiros babayis shebechatzer, shitufei mevuos bechatzer shebamavui. A small house is no worse than a chatzer in the mavui.
- Ella eima: ein bo din chalukah kechatzer. The house is not counted in dividing the chatzer, as in the machlokes Rav Huna and Rav Chisda.
Rashi & Tosafos
- Rashi: For shituf in the small house: view it as if the walls are not there. It is then like a chatzer in the mavui, and the eiruv is good.
Mareh mekomos
- Mishnah: eiruvei chatzeiros bechatzer, shitufei mevuos bemavui. This is the source for placing a shituf in a small house.
- Mishnah: hanosen eiruvo b'beis shaar, achsadra u'mirpeses, eino eiruv, v'hadar sham eino oser. This is the kasha on the first Mishnah.
- Mishnah: ein cholkin es hechatzer ad sheyehei ba arba amos lazeh v'arba amos lazeh. This is the kasha on the din of brothers and partners.
- Rav Huna and Rav Chisda on how a chatzer is divided, brought to explain din chalukah kechatzer.
The Rebbi’s chiddushim
- Four amos per door is based on usage: everyone needs to load and unload at his door, regardless of house size.
- Ein bo din chalukah kechatzer means a house less than 4x4 gets no share in the chatzer, like a broom closet.
- Under Rav Huna it goes by houses (doors), not by owners or house size. A larger house brings no extra share.
Unclear in recording
- The opening list of the five dinim is garbled. It was reconstructed only from the braisa's list.
- While drawing, the labels Rav Huna and Rav Chisda and the description of Rav Huna's method were briefly mixed up before being clarified.
- The later group discussion is unclear in recording. This includes the inheritance example (Yaakov dies leaving one large and three small houses), easements, and selling a share.
Drafted from the recording of the shiur, for chazarah. Torah terms follow the Rebbi’s own words; anything that could not be made out is marked “unclear in recording”. Tap a time to hear that point. Corrections welcome.


