#162 - Non-contiguous Tel Hamislaket slope
On the tel hamislaket issue, you informed in the name of Horav Miller that a slope of 25 degrees is required. Now, if the slope is made partially of irregular big rocks, that in overall, as measured in a straight line, from the surface of property to the water surface exceed this requirement, yet factually, at some points going downward, because of the different type and size of rocks the slope is less than 25 at some places, is this still a permissible mechitza?
Horav Shlomo Miller Shlit"a expressed that there are different opinions if the areas described above exceed three or four tefachim each. Biur Halocho (362,2) maintains that it seems that the Hagra accepts this as a proper continuous slope while Trumas Hadeshen disagrees. Chazon Ish (O.C. 65,62) also rules stringently.
He therefore advises to make a proper Tzuras Hapesach eruv, and not rely on a non-contiguous tel hamislaket slope.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
Answered by: Hagaon Rav Shlomo Miller Shlit'a
Published: May 10, 2012