An Idolatrous Eruv
‘Wood From An Asheirah Tree’
(Avodah Zarah 49b)
The sages decreed that in order to carry in an alleyway on Shabbos, a lechi and a korah must be erected at its entrance. A lechi is a vertical post at least ten tefachim high and of any width. A korah is a horizontal post over the top of the alley at least one tefach wide.
In the beginning of Eruvin, the Gemara discusses how the lechi and korah permit carrying in an alley. It concludes that the lechi serves as a mechitzah, a makeshift “wall” of sorts, which closes off the alley. A korah serves as a sign to remind people not to carry from the alleyway into the reshus harabim.
A Tree Sentenced To Be Burned
The Gemara (Eruvin 80b) makes an interesting distinction between a lechi and a korah. Before Bnei Yisrael entered Eretz Yisrael, Moshe Rabbeinu commanded them to destroy the idols of the Canaanites: “You must destroy their altars, break their pillars, burn their asheirah-trees with fire, cast down their carved images, and destroy their name from that place” (Devarim 12:3). According to R’ Chiya bar Ashi, a lechi may be made from an asheirah tree, but a korah may not. The Gemara explains that since an asheira-tree korah is marked for destruction, halachically it is considered already 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 korah requires a minimum width, it may not be made from an asheirah tree. However, since a lechi has no minimum width requirement, it may be made from an asheirah tree. The Raavad disagrees, insisting that a lechi must be of a minimum height, and therefore it too should not be able to be made from an asheirah tree.
Rabbi Chaim Soloveitchik of Brisk defends the Rambam’s opinion by offering a subtle but fascinating insight into the nature of mechitzos which form a reshus hayachid. To begin with, he points out that the Gemara did not state that an asheira-tree korah slated for destruction is considered already burnt and therefore non-existent. It simply says that it is not the proper size.
Who Knows 10?
As we know, a reshus hayachid must be surrounded by walls that are at least ten tefachim tall. But is it the walls that must be 10 tefachim tall or is it sufficient that the area surrounded by walls be 10 tefachim tall? As we noted above, idolatrous markers still physically exist; it’s just that their size halachically does not. Thus, an asheira-tree lechi may not considered 10 tefachim tall, but the area surrounded by it is still 10 tefachim since the lechi does in fact still exist. A korah, however, must be one tefach wide. Once it doesn’t meet that size requirement (because it is made from an asheirah tree), it no longer has the definition of a korah and doesn’t serve any purpose.