It’s a Thin Line: The Eruv and Jewish Community in New York and Beyond Rabbi Yigal Sklarin

It’s a Thin Line: The Eruv and Jewish Community in New York and Beyond

Rabbi Yigal Sklarin

Eruv- What is it all about?

1. Hilchot Eruvin- the Laws of Eruv

2. Legal theory behind eruv and other “subterfuges”

3. Practical Issues with the Metropolitan Eruv

Background for the Halacha Purpose of the eruvFunctionality of the eruv

Practicality of the eruv

Background: איסור הוצאה בשבת

ל"ט The last of the :איסור הוצאה בשבת the 39 principle activities) מלאכותprohibited on Shabbat)

Qualitatively different than the other prohibited activities: מלאכה גרועה- non-creative


Prohibition is carrying an object from the public domain to private domain and vice

versa


Included in this prohibition is carrying almost any object from small items to big objects


SO DIFFERENT THAT THE LAWS AND CONCEPTS OF ERUV ARE OFTEN IGNORED AND MISUNDERSTOOD FROM TIME IMMORAL

19 thus said the LORD unto me: Take heed for the sake of your souls, and bear no burden on the Sabbath day, nor bring it in by the gates of Jerusalem;22 neither carry forth a burden out of your houses on the Sabbath day, neither do ye any work; but hallow ye the Sabbath day, as I commanded your fathers;

ירמיהו פרק יזכא ה אמר ה', השמרו כ

בנפשותיכם; ואל-תשאו משאביום השבת, והבאתם בשערי

ירושלם. ולא-תוציאו משא מבתיכםכב

ביום השבת,וכל-מלאכה לא תעשו;

שתם את-יום השבת, כאשר וקדיתי את-אבותיכם .צו

Background: איסור הוצאה בשבת The need for an eruv

The eruv allows people to carry items and bring people to synagogue and friends homes on Shabbat.

The eruv helps create and maintain community.

Terminology: תיקון החצרandעירוב

In order to carry you need two things

1. Proper walls מחיצות and domainsרשויות

2. Placing an eruvערוב

Terminology:תיקון החצר: רשויות

Definitions of רשויות (Domains ) on a Torah Level

1. -Public Domain :רשות הרביםA public thoroughfare at minimum must be 25 feet wide.

Many say must have 600,000 people to be considered a רשות הרבים

All the streets that lead into the thorough fare are also considered part of the רשות הרבים

Terminology:תיקון החצר: רשויות

Definitions of רשויות (Domains ) on a Torah Level

2. -Private Domain :רשות היחידA domain that is enclosed on 4 sides by walls whether man-made or natural

Man-made: Fenced and gated areas.

Natural boundaries: Cliffs and sea walls.

Terminology:תיקון החצר: צורת הפתח

2. -Private Domain :רשות היחידThe most practical type of “walls” are not

actually walls at all– but are צורת הפתח Door Posts

The Gemara says that just like even if a house has door open its still considered a private property, so too if many door frames are put together its considered an enclosed area.




Rabbinic Enactments: דיניםדרבנן

1. Quasi- רשות הרבים: The כרמלית : Not true “thorough fares”. Classically these are alleyways or areas surrounded by 3 walls.

2. The Rabbis said you cant carry from a

in רשות הרבים or a רשות היחיד to a כרמליתorder to make sure you do not carry from a real רשות הרבים to רשות היחיד

Rabbinic Enactments: דיניםדרבנן

2. Prohibition of carrying from a רשות called theרשות היחיד to anotherהיחיד איסור שכנים

3. The Rabbis made this enactment in order to make sure that you do not think you can carry from a רשות.רשות הרבים to a היחיד

Rabbinic Permissibility: תקנות דרבנן: עירוב חצירות

1. Just as Rabbis prohibited carrying from a they also ,רשות היחיד to another רשות היחידcreated a permissibility called עירוב חצירות.

2. The eruv is a method of creating mutual ownership or partnership throughout the which in effect negates the רשות היחידprevious Rabbinic prohibition of איסור שכנים

The item used for this partnership is food usually a box a matzot.

Terminology: עירובחצירות

The gemara explains “For what is its name? Eruv is its name”

Rashi suggests that the neighbors in the courtyard “should all be commingled, appeasing each other through it, so that none should attack his fellow [havero], but rather the partnership [shutafut] should be pleasant and sweet [arevah].”

Purpose of the Eiruv Is to allow for people to carry in multiple רשות

.היחידThis is a reversal of a rabbinic law not a Torah Law.

The purpose of the allowance was to help foster community and social interaction.

▪ Said R. Joshua ben Levi: "On what account do they prepare an eruv of courtyards? It is for the sake of peace." There was the case of a woman who was on bad terms with her neighbor. She sent her contribution to the eruv with her son. The neighbor took him and hugged and kissed him. He went and told his mother this. She said, "Is this how she loved me, and I did not know about it!" They thus became friends once again. (Jerusalem Talmud, Eruvin 3:2)

Conclusion s

Eruv is not strings, rather the food (usually Matzah) used to permit a rabbinic enactment not a Torah law.

The tzurat hapetach is used to help create private domains out of public domains to allow for carrying in “public spaces”.

Legal Theory: “Subterfuge”

Legal Theory: “Subterfuge”

1. Legal mechanism not a loophole- Judaism is a legal system and therefore has place in it for such rulings.

2. Rabbis will make loopholes when they deem it necessary to do so because it is too difficult for society to function without the allowance.

Even so, the prohibition of carrying was never erased, just given more allowance.

Practical Issues with the Metropolitan Eruv

The main halachic issue is can a רשות הרבים be converted into רשות היחיד.

לא אתי רבים מבטלי מחיצות

A mass of people will not destroy the walls.

אתי רבים מבטלי מחיצות

A mass of people will destroy the walls.



לא אתי רבים מבטלי מחיצות

A mass of people will not destroy the walls.

One can create a private domain in a public area

However natural boundaries are destroyed and would require a man-made boundary- including a tzurat hapetach

Even though Manhattan is an island with natural boundaries a mass of people will erase those boundaries and would require actual boundries.



מחיצות מבטלי רבים אתיA mass of people will destroy the walls.

A boundary cannot be created in a true reshut harabim. Can not be a “true” reshut harabbim

Need 600,000 on one road at one time (and don’t have that)The thoroughfare must be from one end of the city to the next without any bends or curves which Manhattan does not have.




The thoroughfare must be from one end of the city to the next without any bends or curves which Manhattan does not have.




One practical solution is דלתות, doors or gates, on the thoroughfare.

If the gates were locked it would halt traffic and eliminate the “רבים“ from traveling on the thoroughfare.

Even if ראוית, able to be, locked it would be sufficient to be considered a halting of traffic.


CONCLUSION There are legitimate

reasons to allow for the construction of an eruv in a major metropolitan city and there is equally legitimate reasons to disallow an eruv in a city.

This is the reasons that there are those who will use the eruv in big cities and some will not use the eruv.

Map of the Current Manhattan Eruv

Documents

It’s a Thin Line: The Eruv and Jewish Community in New York and Beyond Rabbi Yigal Sklarin