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Today’s Daf Yomi Question:
Tosfos says in the case where the Eruv is in the tree below ten, the concept of ‘Ho’il’ (since it can be potentially transported in increments of less than four ammos) can be applied without any concern, as opposed to the case of the Eruv in the basket. What is the difference?
Tosfos disagrees with Rashi’s allowance (according to Rebbi) to carry the Eruv incrementally through R”H. If so, according to Tosfos why is the Eruv (in the tree below ten tefachim) valid?
It might be possible to learn that the reason we say that carrying by increments of less than four is enough to consider it close, is because the food is on a branch of the same tree of which he is stationed.
We also say this by the wall, so perhaps there too it is considered close enough, since Rashi says that it only works when he is close. Since it is on the same wall we don’t care about it being farther than four Amos.
Therefore, being that in essence it is looked at as being near him, we look away from the Issur by saying that he could bring it little by little.
On the other hand, by the basket and keeping it at home, we are creating a circumstance through Ho’il rather than removing a problem.
However, from Rashi we see something much more. Rashi refers to the fact that he could have tilted the basket but didn’t, and equates that with the fact that he could have brought the food and dind’t.
Rashi seems to draw a line when it comes to different Reshuyos. A great barrier in Eiruvin is Hu Ve’eiruvo Bamakom Echad. The fact that he could have tilted the basket doesn’t change the fact that as for now he and his Eiruv are in separate Reshuyos.
In other words, according to Rashi, the case of the basket and home is utilizing Ho’il and the case of out of the four Amos range is not utilizing Ho’il, just a fact that it is not out of reach since he can bring it little by little. Ho’il means we give the validity as if it was done, wereas carrying less than four is better than that, and is not a problem in the first place.
This answers Tosafos’ (on 34) Kasha on Rashi. Therefore, since obviously Tosafos doesn’t learn this way I wrote the first approach.
To the second question, Tosafos on bottom of 32b quotes the Mahari that once you are taking it off a Karmelis you can carry it even without stopping within every four Amos.
Tosafos’ problem with carrying from a Reshus Harabim was that the person will be doing something too close to the Issur De’oraysa. Even Rebbe prohibits things like that. However, when carrying from a Karmelis there is no way for him to become Mechuyav De’oraysa.
The difference between Rashi and Tosafos will be when the branch is 9 Tefachim off the ground. According to Rashi he can still carry it less than four Amos at a time, but according to Tosafos he may not.