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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- | 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. | ||
==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 However, Chatom Sofer 92 and Bet Meir 382:20 argue that it is a dvar shebeminyan and can't be repealed.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 However, Chatom Sofer 92 and Bet Meir 382:20 argue that it is a dvar shebeminyan and can't be repealed.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 | # 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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==Terms of sechirut reshut== | ==Terms of sechirut reshut== | ||
# To rent from the non-Jews it is sufficient to say that he is renting it without any stipulations. It is effective if he says that he's renting from them the spaces in order to permit Jews to carry there on Shabbat.<ref>Shulchan Aruch O.C. 382:4</ref> | # To rent from the non-Jews it is sufficient to say that he is renting it without any stipulations. It is effective if he says that he's renting from them the spaces in order to permit Jews to carry there on Shabbat.<ref>Shulchan Aruch O.C. 382:4</ref> | ||
#There is no minimum amount that is necessary to pay for the sechirut reshut. If the non-Jew agrees using less than a pruta is acceptable.<ref>Shulchan Aruch O.C. 382:5</ref> | #There is no minimum amount that is necessary to pay for the sechirut reshut. If the non-Jew agrees using less than a pruta is acceptable.<ref>Shulchan Aruch O.C. 382:5</ref> There is a dispute if it is permissible to do a sheylat reshut, in which the non-Jew lends you the area for free. Initially, one shouldn't use a sheylat reshut.<ref>Shulchan Aruch O.C. 282:12, Mishna Brurah 282:41</ref> | ||
#It is fine to do a sechirut reshut for multiple weeks or years at once.<ref>Does sechirut reshut need to be redone every week? Or Zaruah 2:168 infers from Rashi 62a that sechirut reshut was supposed to be costly and difficult to do every week that it can't be done for more than one week at a time. Rabbenu Baruch M’megensia (cited by Aguda 6:61) and Raavan (Eruvin s.v. im hayu sham) agree. However, Rosh Eruvin 6:1, Sefer Ha’orah 1:52, Tamim Deyim 76, and Sefer Haitim 86 hold that it is fine to do sechirut for a long time at once. Shulchan Aruch O.C. 382:6 codifies the Rosh. Mishna Brurah 382:48 quotes Bet Shlomo who recommends not doing a sechirut for more than 20 years. Shaar Hatziyun 382:48 quotes Pri Megadim who holds that one can make a sechirut reshut forever as long as one does so explicitly.</ref> | #It is fine to do a sechirut reshut for multiple weeks or years at once.<ref>Does sechirut reshut need to be redone every week? Or Zaruah 2:168 infers from Rashi 62a that sechirut reshut was supposed to be costly and difficult to do every week that it can't be done for more than one week at a time. Rabbenu Baruch M’megensia (cited by Aguda 6:61) and Raavan (Eruvin s.v. im hayu sham) agree. However, Rosh Eruvin 6:1, Sefer Ha’orah 1:52, Tamim Deyim 76, and Sefer Haitim 86 hold that it is fine to do sechirut for a long time at once. Shulchan Aruch O.C. 382:6 codifies the Rosh. Mishna Brurah 382:48 quotes Bet Shlomo who recommends not doing a sechirut for more than 20 years. Shaar Hatziyun 382:48 quotes Pri Megadim who holds that one can make a sechirut reshut forever as long as one does so explicitly.</ref> | ||
#If sechirut reshut is made without any specification to its expiration, it is effective as long as the non-Jew has not retracted.<Ref>Shulchan Aruch O.C. 382:6. Rama writes that if no time limit was specified it is possible for the non-Jew to retract if he repays the amount of the sechirut. However, Mishna Brurah 382:25 writes that most achronim disagree and hold that he can retract without paying after the first Shabbat. However, Mishna Brurah 382:23 notes, if a time limit was specified the non-Jew cannot retract at all.</ref> If the non-Jew dies, sells, or rents it to another non-Jew a new sechirut reshut is necessary.<ref>Mishna Brurah 382:26 and 28</ref> However, if the term of the sechirut reshut was specified it is effective even if the non-Jew dies, sells, or rents it to another non-Jew.<ref>Shulchan Aruch O.C. 382:8, Mishna Brurah 382:26 and 29</ref> | #If sechirut reshut is made without any specification to its expiration, it is effective as long as the non-Jew has not retracted.<Ref>Shulchan Aruch O.C. 382:6. Rama writes that if no time limit was specified it is possible for the non-Jew to retract if he repays the amount of the sechirut. However, Mishna Brurah 382:25 writes that most achronim disagree and hold that he can retract without paying after the first Shabbat. However, Mishna Brurah 382:23 notes, if a time limit was specified the non-Jew cannot retract at all.</ref> If the non-Jew dies, sells, or rents it to another non-Jew a new sechirut reshut is necessary.<ref>Mishna Brurah 382:26 and 28</ref> However, if the term of the sechirut reshut was specified it is effective even if the non-Jew dies, sells, or rents it to another non-Jew.<ref>Shulchan Aruch O.C. 382:8, Mishna Brurah 382:26 and 29</ref> | ||
==From whom can one do sechirut reshut?== | ==From whom can one do sechirut reshut?== | ||
===Practically=== | ===Practically=== | ||
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==Sources== | ==Sources== | ||
<references/> | <references/> | ||
[[Category:Shabbat]] | |||
[[Category:Eruvin]] | |||
{{Shabbat Table}} | |||
