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Sechirut Reshut: Difference between revisions

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A critical component of making a communal eruv to allow Jews to carry on Shabbat is to rent from the non-Jews their ownership of the public areas. The details and mechanism of the rental is described below.
A critical component of making a communal eruv to allow Jews to carry on Shabbat is to rent ownership of the public areas from the non-Jewish residents enclosed within the eruv borders. The details and mechanism of the rental are described below.
 
==Renting access from non-Jews==
 
#In order to create an eruv to permit carrying it is necessary to rent the area of the non-Jewish residents as long as there are 2 or more Jews in the area.<ref>Shulchan Aruch O.C. 382:1</ref>
#It is possible to rent a non-Jew's area for the purposes of eruv chatzerot by renting it from his worker.<ref>Shulchan Aruch O.C 382:11</ref>


==What is sechirut reshut?==
==What is sechirut reshut?==
# If there is a non-Jew who lives in the area that the Eruv encloses, the Jews must "rent" from him his rights to the public areas. This is called ''sechirut reshut''.<ref>Eruvin 61b-62a, Shulchan Aruch O.C. 382:1, Mishna Brurah 382:4. The reason that chazal established sechirut reshut is because they didn't want Jews to live with non-Jews and doing sechirut reshut is difficult. Dirshu 382:1 quotes Ginat Veradim 3:22 who holds that sechirut reshut is no longer necessary nowadays since either way we live among the non-Jews. However, Chatom Sofer 92 and Bet Meir 382:20 argue that it is a dvar shebeminyan and can't be repealed.</ref>
# If there is a non-Jew who lives in the area that the Eruv encloses, the Jews must "rent" from him his rights to the public areas. This is called ''sechirut reshut''.<ref>Eruvin 61b-62a, Shulchan Aruch O.C. 382:1, Mishna Brurah 382:4. The reason that chazal established sechirut reshut is because they didn't want Jews to live with non-Jews and doing sechirut reshut is difficult. Dirshu 382:1 quotes Ginat Veradim 3:22 who holds that sechirut reshut is no longer necessary nowadays since either way we live among the non-Jews. However, Chatom Sofer 92 and Bet Meir 382:20 argue that it is a dvar shebeminyan and can't be repealed.</ref>
# As long as there are two Jews living in in the same place as a non-Jew, a sechirut reshut is necessary. If there would only be one Jew or one Jewish family living where there are non-Jews no sechirut reshut is necessary.<ref>Eruvin 62a, Shulchan Aruch O.C. 382:1, Mishna Brurah 382:1. The reason that there is no need to do sechirut reshut if there's only one Jew is because it isn't common for one Jew to live together with a non-Jew so chazal didn't make a gezera.</ref>
# As long as there are two Jews living in in the same area as a non-Jew resident, a sechirut reshut is necessary. If there would only be one Jew or one Jewish family living where there are non-Jews no sechirut reshut is necessary.<ref>Eruvin 62a, Shulchan Aruch O.C. 382:1, Mishna Brurah 382:1. The reason that there is no need to do sechirut reshut if there's only one Jew is because it isn't common for one Jew to live together with a non-Jew so chazal didn't make a gezera.</ref>
===How to do sechirut reshut===
===How to do sechirut reshut===
# Sechirut reshut works even if it is just verbal. Certainly it is effective if it is a signed document.<ref>Shulchan Aruch O.C. 382:4. See [https://www.boropark24.com/news/mayor-adams-completes-brooklyn-eruv-project-by-signing-99-year-lease-for-1] regarding the sechirut reshut of Brooklyn from Mayor Adams for 99 years for 1 dollar.</ref>  
# Sechirut reshut works even if it is just verbal. Certainly it is effective if it is a signed document.<ref>Shulchan Aruch O.C. 382:4. See [https://www.boropark24.com/news/mayor-adams-completes-brooklyn-eruv-project-by-signing-99-year-lease-for-1] regarding the sechirut reshut of Brooklyn from Mayor Adams for 99 years for 1 dollar.</ref>  
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