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| | #REDIRECT [[Eruv Chatzerot]] |
| To permit carrying in a courtyard, community, or town on Shabbos, an eruv chatzerot is necessary. The eruv consists of 3 parts: 1) Walls or halachic partitions surrounding the desired area, 2) Renting access from the non-Jewish residents, and 3) A communally owned deposit of food. This article describes how to practically set up your very own Eruv Chatzerot in order to allow carrying on Shabbat in your area. For rabbis there is an obligation to set up an eruv in the community to allow to carry and avoid a violation of Shabbat.<ref>Rosh quoted in S”A, Kitzur Shulchan Aruch 94:1</ref>
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| ==The Walls or Halachic Partitions==
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| #As long an area can be determined not to be a public domain on a biblical level, an eruv using tzurot hapetach, entranceways made with two polls and a lintel as thin as a string on top, suffice.<ref>Rav Hershel Schacter in "[[Introduction to the Modern Eruv]]"</ref> | |
| #See Rav Hershel Schachter's article on [[Introduction to the Modern Eruv]] and the [[Hotzah]] page for details about how to create the tzurat hapetach and the definitions of the 4 halachic domains.
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| ==Renting access from non-Jews==
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| #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>
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| #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>
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| ##For example, in an apartment building it is sufficient to go to the superintendent to pay a nominal amount in order to rent the hallways and lobby of the building. This, with the other conditions of an eruv chatzerot, would permit carrying from the Jewish apartments into the hallways and lobby but not into the non-Jew or non-religious Jew's apartment.<ref>[http://www.yutorah.org/lectures/lecture.cfm/803011/Rabbi_Hershel_Schachter/Eiruvei_Chatzeiros Rav Hershel Schachter ("Eiruvei Chatzeiros" min 10-20)] explains that it suffices to say to the non-Jew that he is only renting it for religious purposes, since that is considered sechirut reuha. Additionally, if one were to rent the actual area where the non-Jews live then it is considered as though the entire area is under one domain and one may carry everywhere. However, where that's impossible it is possible to rent the area where the non-Jew has access, such as the public domain or the hallways of an apartment building, and then it would be permitted to carry from one's house into those public areas but not into the non-Jew's house. The same applies to a Jew who isn't careful about observing Shabbat publicly. Lastly, the superintendent is considered as though he is the worker who has access to the public domains of the building and can rent out those area. Therefore, in order to create an eruv chetzerot in an apartment building it is possible to make an oral transaction in which one rents the lobby and hallways from the superintendent for religious purposes. </ref>
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| ##For example, in a city-wide eruv, it is possible to rent the streets and public domains for religious purposes from the town mayor. This, with the other conditions of an eruv chatzerot, would permit carrying from the Jewish houses into the street and public domains.<ref>[http://www.yutorah.org/lectures/lecture.cfm/803011/Rabbi_Hershel_Schachter/Eiruvei_Chatzeiros Rav Hershel Schachter ("Eiruvei Chatzeiros" min 20-27)] explains that classically the town mayor or chief of police had access to everyone's houses and as such it is possible to rent from the mayor the entire town. However, in America, the mayor doesn't have such rights but still it is possible to rent from the mayor the streets and public domains. However, this rental wouldn't help with the apartment buildings since the mayor doesn't have rights to the inside of the apartment building.</ref>
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| ==Communally Owned Food==
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| #The purpose of the jointly owned food is to indicate that it is as though everyone who owns a share of the food was living in one area.<ref>Gemara Eruvin 49a, Kitzur Shulchan Aruch 94:6</ref> In order to create a community eruv food of the size of 6 or 8 Kebaytzim suffices.<ref>Kitzur Shulchan Aruch 94:8</ref> Traditionally people use a box of Matzahs since that lasts a very long time.<ref>Rama 368:5. [http://www.yutorah.org/lectures/lecture.cfm/803011/Rabbi_Hershel_Schachter/Eiruvei_Chatzeiros Rav Hershel Schachter ("Eiruvei Chatzeiros," min 2-4) on yutorah.org] explains that a box of matzah is traditionally used for the eruv chatzerot and it works even for Sephardim who would make mezonot since it can be hamotzei if eaten as a meal. [http://www.yutorah.org/lectures/lecture.cfm/803011/Rabbi_Hershel_Schachter/Eiruvei_Chatzeiros Rav Hershel Schachter ("Eiruvei Chatzeiros," min 8-9) on yutorah.org] states that one box of matzahs probably has 8 Kebaytzim but if you think that's not enough then have 2 boxes of matzah.</ref>
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| #The food should be given as a gift to the entire community with the following procedure:
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| ##The box of matzahs should be handed to a Jewish adult to whom the giver is unrelated<ref>Mishna Eruvin 79b, Kitzur Shulchan Aruch 94:7</ref> in order that the recipient acquire it on behalf of the Jews living in the community, including those who will move into the community from that point until the next Pesach.<ref>Tosfot Eruvin says that a guest who isn't living in a community for more than 30 days doesn’t need to participate in the shituf eruv for the chatzerot.</ref>
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| ##The recipient should raise the box of matzahs a Tefach.<ref>Kitzur Shulchan Aruch 94:6</ref>
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| ##After handing the box of matzahs to the recipient on behalf of the community, the giver who is creating the eruv should take the matzahs and recite the bracha of 'Asher Kideshanu B'mitzvotav V'tzivanu Al Mitzvat Eruv' is recited<ref>Kitzur Shulchan Aruch 94:6</ref>, however, this is only if one is certain that one absolutely needs an eruv chatzerot.
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| ##Then he should stipulate that the box of matzah should serve as the eruv in order to permit carrying in that particular domain, with the following language: בהדין עירובא יהא שרי לנא לאפוקי ולעיולי מן הבתים לחצר ומן החצר לבתים ומבית לבית לכל ישראל הדרים בבתים שבחצר הזה.<ref>Kitzur Shulchan Aruch 94:6</ref>
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| ##It is necessary to repeat this process each pesach and should be recreated the Shabbat during Pesach.<ref>Kitzur Shulchan Aruch 94:11</ref>
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| #The food must be accessible on Shabbat to the Jewish people for whom the eruv serves.<ref>Shulchan Aruch 394:2, Chaye Adam 72:9, Kitzur Shulchan Aruch 94:10</ref> According to Ashkenazim, it is common to place the eruv in the shul<ref>Rama 366:3, Kitzur Shulchan Aruch 94:24</ref>, however, according to Sephardim it should be placed in a person's house.<ref>Eruv KeHilchato (Rabbi Avraham Ades, p. 164)</ref>
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| ##For example, in an apartment building it is should be known that the box of matzahs are stored in a certain apartment and when that person is away for shabbat, it should still be accessible such as by leaving the key with another tenant in the building.<ref>[http://www.yutorah.org/lectures/lecture.cfm/803011/Rabbi_Hershel_Schachter/Eiruvei_Chatzeiros Rav Hershel Schachter ("Eiruvei Chatzeiros," min 3-4) on yutorah.org]</ref> Some poskim hold that if the building is inside of a communal eruv, which has communal food such as matzah, the building eruv can rely upon the communal food of the communal eruv.<ref>Or Letzion 2:23:13</ref>
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| #If the food is eaten in the middle of Shabbat, it is still permitted to carry for that Shabbat, but the food must be replaced for the next Shabbat.<ref>Mishna Brurah 368:16</ref>
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| ==Carrying within a Building==
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| #If a person lives in an apartment building with other Jews, an eruv chatzerot is necessary in order to carry within the building on Shabbat.<ref>Eruv KeHilchato (Rabbi Avraham Ades, p. 149)</ref> Some say that if there is an eruv in town one doesn't need a specific eruv chatzerot for the building even if one doesn't hold of the eruv.<ref>[http://www.hebrewbooks.org/pdfpager.aspx?req=19979&pgnum=223 Or Letzion 2:23:13]</ref>
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| #Some say that if students live in a dorm with other Jewish students and everyone eats together in the cafeteria, an eruv chatzerot isn't necessary in order to carry in the dorms on Shabbat.<ref>Avnei Yishfeh O.C. 5:73 holds that if all of the students eat together in the cafeteria there's no need for an eruv chatzerot. [http://www.yutorah.org/lectures/lecture.cfm/803011/Rabbi_Hershel_Schachter/Eiruvei_Chatzeiros Rav Hershel Schachter ("Eiruvei Chatzeiros," min 35-40)] says that Rav Soloveitchik held that the students in the dormitory in Yeshiva University should make an eruv chatzeirot, however, the general assumption is like Rav Moshe and there's no need for an eruv chatzeirot.</ref>
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| ===Hotels===
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| #If a person visits a hotel for a Shabbat, some say that an eruv chatzerot isn't necessary in order to carry in the hotel on Shabbat, while others require it.<ref>Igrot Moshe 1:141 holds that utensils of the hotel owner or apartment building owner is considered tefisat yad so that those staying there are like his guests and don’t need an eruv chatzerot. Chazon Ish OC 92, Minchat Yitzchak 4:55:5, and Dvar Avraham 3:30 are strict. Minchat Yitzchak requires an eruv chatzerot for Jews staying in a hotel. Chazon Ish holds that any utensils that are lent out to the guests or renters aren’t considered tefisat yad of the owner. [http://www.star-k.org/articles/kashrus-kurrents/501/the-travelers-halachic-guide-to-hotels/ Rav Tzvi Goldberg on star.org] and [http://www.yutorah.org/lectures/lecture.cfm/795045/Rabbi_Chaim_Eisenstein/Halacha_from_the_Daily_Daf--Eruvin_85-86-_Is_an_Eruvei_Chatzeiros_Necessary_in_a_Hotel- Rabbi Eisenstein's shiur on yutorah.org] summarize the topic as well. [http://www.yutorah.org/lectures/lecture.cfm/803011/Rabbi_Hershel_Schachter/Eiruvei_Chatzeiros Rav Hershel Schachter ("Eiruvei Chatzeiros," min 34-39)] agrees with Rav Moshe since the hotel can leave heavy furniture in the rooms that indicates that really everyone is guests by the hotel owner and there's no need for an eruv chatzerot. Additionally, if all of the food for the hotel comes from the same kitchen there's no need for an eruv chatzerot.</ref>
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| ===If They All Eat Together===
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| #If they all eat in the same place for all of their meals they don’t need an eruv chatzerot, but if some eat in their own rooms for some of the meals they need an eruv chatzerot.<ref>Minchat Yitzchak (4:55 n. 5)</ref>
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| ===If the Hotel Owner Lives at the Hotel===
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| #If the guests are there for 30 days or less and the hotel owner lives there, they don’t need an eruv. If the hotel owner is a non-Jew or not religious Jew, they need an eruv chatzerot without a bracha and sechirut reshut.<ref>Minchat Yitzchak (4:55 n. 3)</ref>
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| #If guests are there for more than 30 days they need an eruv with a bracha. If the owner is not religious or not Jewish they need sechirut reshut as well.<ref>Minchat Yitzchak (4:55 n. 1)</ref>
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| #If the guest are there for more than 30 days, but he can switch them to another room. If the hotel owner lives there they don't need an eruv chatzerot. If the owner isn't religious or non-Jewish they need sechirut reshut and eruv chatzerot.<ref>Minchat Yitzchak (4:55 n. 4)</ref>
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| ===Elaboration of Whether an Eruv Chatzerot is Necessary in a Hotel===
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| Does a hotel need an eruv chatzerot?
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| #As long as two Jews are staying in the hotel over Shabbat there is an institution of Eruv Chatzerot that needs to be addressed. There are two leniencies that everyone agrees are effective but are dependent on the case. The more general leniencies to permit all hotels are subject to major disputes and most poskim hold that these general leniencies are ineffective.
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| #The leniencies everyone agrees with:
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| ##If all of the hotel guests eat together the main meals on Shabbat in the same dining room they do not need an eruv since it is considered that they all live in the same room. However, this leniency, although undisputed, is only effective if all of the guests eat all of their meals in that room, but if even one guest or the mashgiach staying overnight eats a meal in another room they need an eruv. Additionally, if the guests eat in the same dining room but would prefer to eat in their private rooms, which is relevant if the guests aren’t part of the same event and would prefer not to eat with strangers, an eruv is necessary.<Ref>Shulchan Aruch O.C. 370:4, Shemirat Shabbat Kehilchata 17:17, Orchot Shabbat 3:28:95</ref>
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| ## If everyone in the hotel is going to eat from the same food for Shabbat, that food is in one room, and it is accessible when Shabbat starts, that food can count as the eruv.<ref>Shulchan Aruch O.C. 366:11, Shemirat Shabbat Kehilchata 17:17, Orchot Shabbat 3:28:95</ref>
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| # The general leniences and the disputes surrounding them:
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| ## Since the hotel owner can move guests from room to room without their consent they aren’t considered living permanently in one place.<ref>Based on the third reason of Tosfot Eruvin 72a</ref>
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| ### This leniency assumes that the factor of matzuy lsalukey functions independently of the other factors of tosfot that the guests all need to use common areas for cooking together and that they live there for free. However, if it is necessary to have one or both of the other factors of tosfot this leniency doesn’t work. Magen Avraham, Taz, Nishmat Adam,<ref>73:4</ref> Eliyah Rabba,<ref>370:8</ref> and Chazon Ish<ref>OC 92</ref> are all strict. Mishna Brurah<ref>Biur Halacha 370:3. Chelkat Yakov 186 assumes that this is the understanding of the Biur Halacha, even though it is possible to read it otherwise. Eruvei Chatzerot 17:1 proves this from Mishna Brurah 382:7 and Shaar Hatziyon 6 and 55 as well as Biur Halacha 384:1.</ref> seems to be lenient based on this factor alone.<ref>Shulchan Aruch Harav 370:5 isn't clear. He is clear that it doesn't work for a sale or rental, but isn't clear if that is because they aren't matzuy l'salkinhu or automatically it doesn't work. Shulchan Aruch Harav 382:2 perhaps is a proof that it is about matzuy lsalkinhu. Biur Halacha 370:3 seems to understand Shulchan Aruch Harav in line with his approach that everything depends on matzuy l'salkinhu.</ref>
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| ### This leniency according to most poskim doesn’t work unless the hotel owner or someone appointed in his stead lives in the hotel, which usually is not the case.<ref>Eruvei Chatzerot 29:3</ref>
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| ### According to the poskim that this is effective it is true even if the hotel owner is a non-Jew.<ref>Eruvei Chatzerot siman 29 p. 495 s.v. vgabei</ref>
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| ### Even if someone is lenient about one of these disputes, this approach doesn’t work unless one is lenient on all of the disputes cited.
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| ## Since the hotel owner retains rights in every room to leave his property, such as the furniture of the room, it is considered as though the owner is living in the entire hotel and there isn’t anyone else living there.<ref>Shulchan Aruch O.C. 370:2</ref>
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| ### Most poskim hold that this leniency doesn’t work unless the owner or someone appointed in his stead lives at the hotel.<ref>Chazon Ish 90:38, Eruvei Chatzerot 30:2:3:2, Betzel Hachachma 5:140-141, Netivot Shabbat 34:5</ref>
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| ### This leniency is not effective if the owner is non-Jewish.<ref>Chelkat Yakov 186</ref>
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| ### Most poskim hold that this leniency doesn’t apply if the furniture was meant for the guests’ benefit. The leniency of the gemara was only if the owner left his items in the room for storage.<ref>Dvar Avraham 3:30, Minchat Yitzchak 4:55, Chelkat Yakov 186, Chazon Ish 92, Shemirat Shabbat Kehilchata 17:17, Netivot Shabbat ch. 37 fnt. 59, and Eiruvei Chatzerot (by R Menachem Moscowitz) siman 30:3:2 p. 523 quoting Rav Elyashiv</ref> Some poskim reject this distinction.<ref>[https://hebrewbooks.org/pdfpager.aspx?req=916&st=&pgnum=243 Igrot Moshe 1:141], Maharshag 2:122</ref>
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| ## Since the guests are staying for less than 30 days they are considered guests and wouldn’t require an eruv chatzerot.<ref>Trumat Hadeshen 76, Shulchan Aruch O.C. 370:8</ref>
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| ###This leniency certainly doesn’t apply unless the owner or someone else lives in the hotel permanently, which generally isn’t the case.<ref>Eruvin 65b, Rama 370:8, Darkei Moshe 382:5, Biur Halacha 370:8 s.v. osrim</ref>
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| ###This leniency doesn’t apply if the hotel owner is non-Jewish.<ref>Sht Harama 120, Magen Avraham 382:12, Pri Megadim, Shaar Hatziyon 370:36</ref>
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| #In summary, in general someone staying at a hotel does require an eruv chatzerot according to most poskim. There is a minority view that would exempt them in all cases.<ref>Those who are strict to require an eruv chatzerot in a hotel unless they eat together or the food is stored in one place: Shemirat Shabbat Kehilchata 17:17, Orchot Shabbat 3:28:95, Betzel Hachachma 5:140-141, Minchat Yitzchak 5:44, Chachmat Lev siman 18 p410, Rav Yechezkel Roth in Emek Hateshuva 9:45, and Pri Gani v. 7 p. 45.
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| *Those who are lenient in hotels in general: Chelkat Yakov 1:186 because of matzi mesalek ley.
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| * Lev Aharon 1:31 is lenient because they eat together, matzuy lsalek, he wouldn't rent to guests so that they would asur on each other, they use things together like bathrooms kitchen, only have one exit to street, and tefisat yad. He’s lenient even if the owner isn't there. It is unclear if lenient without first reason.
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| * [https://www.star-k.org/articles/kashrus-kurrents/501/the-travelers-halachic-guide-to-hotels/#_ftnref24 Star-K] quotes whether hotels need eruv chatzerot as a dispute between Rav Moshe and the Dvar Avraham whether an eruv chatzerot is necessary in a hotel.[https://www.crcweb.org/ask_rav/shabbosinhotel.php CRC] applies Rav Moshe’s teshuva to hotels as well. Both Star-K and CRC do not raise the other issues which invalidate that leniency even according to Rav Moshe.</ref>
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| ==Sources==
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| <references />
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| [[Category:Shabbat]]
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