An Idolatrous Eruv
‘Wood From An Asheira’
(Avoda Zara 49b)
The Sages decreed that in order to carry in an alleyway on Shabbos, a lechi and a kora must be erected at its entrance. A lechi is a vertical post at least ten tefachim high and of any width. A kora is a horizontal post over the top of the alley, at least one tefach wide.
In the beginning of our Mesechta Eruvin, the Gemara discusses how the lechi and kora serve to permit carrying in the alley. The Gemara concludes that the lechi serves as a mechitza, a makeshift “wall” of sorts, which closes off the alley. A kora serves as a sign to remind people not to carry from the alleyway into the reshus harabim, public domain.
A Tree Sentenced To Be Burned
In Eruvin 80b, the Gemara makes an interesting distinction between the two. Before Bnei Yisrael entered Eretz Yisrael, Moshe Rabbeinu commanded them to destroy the idols of the Canaanites, as the verse (Devarim 12:3) states, “You must destroy their altars, break their pillars, burn their asheira trees with fire, cast down their carved images, and destroy their name from that place.” According to R’ Chiya bar Ashi, a lechi may be made from an asheira tree, but a kora may not. The Gemara explains that since the kora is marked for destruction, halachically it is considered as if it has already been burnt. Therefore, it lacks the minimum size requirement of one tefach width.
How Much Qualifies For No Minimum?
The Rambam rules accordingly (Hilchos Shabbos 17:12-13), and explains that since a kora requires a minimum width, it may not be made from an asheira tree. However, since a lechi has no minimum width requirement, it may be made from an asheira tree. The Raavad argued against this ruling, insisting that a lechi must be a minimum height, and therefore its halacha should be identical to that of the kora.
Rabbi Chaim Soloveitchik of Brisk (ibid.) defended the Rambam’s opinion by offering a subtle but fascinating insight into the nature of the mechitzos which form a reshus hayachid. To begin with, he points out that the Gemara did not state that an idol slated for destruction is considered as if has been burnt and therefore does not exist. It stated that asheira wood is as if it has been burnt, and therefore is lacking in the minimum size requirements. R’ Chaim does not endeavor to explain why this is so. He simply accepts this as a given fact, upon which he builds the following theory to explain the Rambam.
Does 10 Minus 3 Equal Less Than 7?
As we know, a reshus hayachid must be surrounded by walls that are at least ten tefachim high. How precisely should we define this halacha? Does it mean that the walls must be ten tefachim high? Or perhaps that the area surrounded by walls must be ten tefachim high? In this subtle distinction lies the key to understanding the Rambam’s ruling. A lechi works as a makeshift mechitza. As we noted above, idolatrous mechitzos physically still exist, but the halachic significance of their height does not. Thus, the mechitza is not considered to be ten tefachim tall, but the area surrounded by the mechitza is still ten tefachim, since the mechitza does in fact still exist. Therefore, the Rambam stresses that there is no minimum width to a lechi, which would have disqualified an asheira tree lechi. The minimum height, to which the Raavad refers, is not relevant to the lechi itself, but to the area enclosed by the lechi. Not so with a kora, which has a minimum width, and therefore an asheira tree kora is posul.
