Eruvin

ספק טומאה גמרינן מסוטה

Rashi here mentions the reason why a חצר that has many people passing through is considered a private domain for Shabbos but a public domain for questions about if an object became impure is because it is learned out from the law of Sotah.

for Video Shiur click here to listen:  Psychology of the DAF Eruvin 8

The Sotah who was warned to not be alone with a certain man, and then it was proven that indeed she was alone with him, already becomes forbidden even if there is no proof of an adulterous affair. So too, with any question about vessels or objects exposed to contamination, if this occurs in an enclosed private place it is forbidden but if the same questionable exposure occurs In a public space it is permitted.

This is a difficult to understand derasha. Technically, it is true that the word “Tumah” Is used by both objects and to imply sexual contamination, however it is a weak logic to use the same principles from an object to a sexual liaison. Think about it, obviously one would have more doubts about two people engaging in a meeting in a private space as opposed to a public space. But the same question as to whether or not a vessel became contaminated by an accidental touch seems relevant and active in a public space or a private space. If anything, The chances of exposure which seem to be much higher in a public space.

The commentaries do try to understand the exact nature of this derivation. Some understand it as principally an oral law from Moses halakha le-Moshe Misinai and only certain aspects are actually derived from the Sotah rules. Regardless, it is reasonable to puzzle over the apparent connection between these two truly unconnected ideas despite the fact that they bear a homonym of Tumah.

Reflecting on this a bit more, perhaps we might say that is precisely the point that Torah is trying to make about sexual immorality. That is, a person would like to say that it’s not going to happen to me “by accident“. It requires a lot of pre-meditation. And thus, there’s nothing comparable to that and an unintended encounter with a contaminated object such as a dead rodent. However, is the implication of the underlying logic of this comparison through this derivation is that it is not that much different. When it comes to sexuality, the line between will and premeditation, accidental or sudden trespass, is a lot more blurry than we would like to think. Anyone who has ever been tested and felt the endorphin rush of a sudden sexual thrill, if he or she is honest, will agree that it is opium, speed and cocaine all wrapped up in one.  As one person put it, “the body’s in-house pharmacy”. So we think we have control, but maybe we have to be much more careful because it could come and hit you right out of the blue.  

for Video Shiur click here to listen:  Psychology of the DAF Eruvin 8

Translations Courtesy of Sefaria

Photo Abba Mari Rav Chaim Feuerman, Ed.D. ZT"L Leiyluy Nishmaso

Translations Courtesy of Sefaria, except when, sometimes, I disagree with the translation

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