Allowing Carrying Using an Eruv Chatzerot

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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.[1]

The Walls or Halachic Partitions

  1. 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.[2]
  2. 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.

Renting access from non-Jews

  1. 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.[3]
  2. It is possible to rent a non-Jew's area for the purposes of eruv chatzerot by renting it from his worker.[4]
    1. 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.[5]
    2. 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.[6]

Communally Owned Food

  1. 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.[7] In order to create a community eruv food of the size of 6 or 8 Kebaytzim suffices.[8] Traditionally people use a box of Matzahs since that lasts a very long time.[9]
  2. The food should be given as a gift to the entire community with the following procedure:
    1. The box of matzahs should be handed to a Jewish adult to whom the giver is unrelated[10] 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.[11]
    2. The recipient should raise the box of matzahs a Tefach.[12]
    3. 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[13], however, this is only if one is certain that one absolutely needs an eruv chatzerot.
    4. 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.[14]
    5. It is necessary to repeat this process each pesach and should be recreated the Shabbat during Pesach.[15]
  3. The food must be accessible on Shabbat to the Jewish people for whom the eruv serves.[16] According to Ashkenazim, it is common to place the eruv in the shul[17], however, according to Sephardim it should be placed in a person's house.[18]
    1. 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.[19] 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.[20]
  4. 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.[21]

Carrying within a Building

  1. 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.[22] 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.[23]
  2. 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.[24]

Hotels

  1. 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.[25]

If They All Eat Together

  1. 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.[26]

If the Hotel Owner Lives at the Hotel

  1. 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.[27]
  2. 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.[28]
  3. 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.[29]

Elaboration of Whether an Eruv Chatzerot is Necessary in a Hotel

Does a hotel need an eruv chatzerot?

  1. 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.
  2. The leniencies everyone agrees with:
    1. 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.[30]
    2. 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.[31]
  3. The general leniences and the disputes surrounding them:
    1. Since the hotel owner can move guests from room to room without their consent they aren’t considered living permanently in one place.[32]
      1. 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,[33] Eliyah Rabba,[34] and Chazon Ish[35] are all strict. Mishna Brurah[36] seems to be lenient based on this factor alone.[37]
      2. 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.[38]
      3. According to the poskim that this is effective it is true even if the hotel owner is a non-Jew.[39]
      4. 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.
    2. 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.[40]
      1. Most poskim hold that this leniency doesn’t work unless the owner or someone appointed in his stead lives at the hotel.[41]
      2. This leniency is not effective if the owner is non-Jewish.[42]
      3. 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.[43] Some poskim reject this distinction.[44]
    3. Since the guests are staying for less than 30 days they are considered guests and wouldn’t require an eruv chatzerot.[45]
      1. This leniency certainly doesn’t apply unless the owner or someone else lives in the hotel permanently, which generally isn’t the case.[46]
      2. This leniency doesn’t apply if the hotel owner is non-Jewish.[47]
  4. 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.[48]

Sechirut Reshut

What is sechirut reshut?

  1. 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.[49]
  2. 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.[50]

How to do sechirut reshut

  1. Sechirut reshut works even if it is just verbal. Certainly it is effective if it is a signed document.[51]
  2. Ideally, sechirut reshut should be done before making the eruv chatzerot. After the fact, the eruv is effective even if it was done before the sechirut reshut.[52]
  3. If a sechirut reshut expired and the eruv food is still around, it is necessary to make a new sechirut reshut and a new eruv.[53]
  4. One person can do the sechirut reshut on behalf of all the Jews in the eruv.[54]

Terms of sechirut reshut

  1. 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.[55]
  2. 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.[56]
  3. It is fine to do a sechirut reshut for multiple weeks or years at once.[57]
  4. If sechirut reshut is made without any specification to its expiration, it is effective as long as the non-Jew has not retracted.[58] If the non-Jew dies, sells, or rents it to another non-Jew a new sechirut reshut is necessary.[59] 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.[60]

From whom can one do sechirut reshut

  1. It is possible to do sechirut reshut from the person himself, his wife, or his worker who can use the area.[61]
  2. It is possible to do sechirut reshut from a landlord who rented it to a non-Jew generally it is possible to do sechirut reshut from the landlord unless the landlord left items in the renter's house or could kick the renter out whenever he wants.[62]
  3. It is possible to do sechirut reshut from the king on behalf of all of his non-Jewish citizens if either (1) the king is the owner of the land and could house his soldiers and their equipment in the houses of his citizens whenever he wants,[63] or (2) the king owns the streets and can confiscate the street and move it somewhere else.[64] Nowadays, in democracies the first reason usually does not apply.[65]

Non-Jewish tenants

  1. If a non-Jew is a guest at a Jew's house no sechirut reshut is necessary.[66]

Sources

  1. ↑ Rosh quoted in S”A, Kitzur Shulchan Aruch 94:1
  2. ↑ Rav Hershel Schacter in "Introduction to the Modern Eruv"
  3. ↑ Shulchan Aruch O.C. 382:1
  4. ↑ Shulchan Aruch O.C 382:11
  5. ↑ 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.
  6. ↑ 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.
  7. ↑ Gemara Eruvin 49a, Kitzur Shulchan Aruch 94:6
  8. ↑ Kitzur Shulchan Aruch 94:8
  9. ↑ Rama 368:5. 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. 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.
  10. ↑ Mishna Eruvin 79b, Kitzur Shulchan Aruch 94:7
  11. ↑ 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.
  12. ↑ Kitzur Shulchan Aruch 94:6
  13. ↑ Kitzur Shulchan Aruch 94:6
  14. ↑ Kitzur Shulchan Aruch 94:6
  15. ↑ Kitzur Shulchan Aruch 94:11
  16. ↑ Shulchan Aruch 394:2, Chaye Adam 72:9, Kitzur Shulchan Aruch 94:10
  17. ↑ Rama 366:3, Kitzur Shulchan Aruch 94:24
  18. ↑ Eruv KeHilchato (Rabbi Avraham Ades, p. 164)
  19. ↑ Rav Hershel Schachter ("Eiruvei Chatzeiros," min 3-4) on yutorah.org
  20. ↑ Or Letzion 2:23:13
  21. ↑ Mishna Brurah 368:16
  22. ↑ Eruv KeHilchato (Rabbi Avraham Ades, p. 149)
  23. ↑ Or Letzion 2:23:13
  24. ↑ 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. 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.
  25. ↑ 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. Rav Tzvi Goldberg on star.org and Rabbi Eisenstein's shiur on yutorah.org summarize the topic as well. 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.
  26. ↑ Minchat Yitzchak (4:55 n. 5)
  27. ↑ Minchat Yitzchak (4:55 n. 3)
  28. ↑ Minchat Yitzchak (4:55 n. 1)
  29. ↑ Minchat Yitzchak (4:55 n. 4)
  30. ↑ Shulchan Aruch O.C. 370:4, Shemirat Shabbat Kehilchata 17:17, Orchot Shabbat 3:28:95
  31. ↑ Shulchan Aruch O.C. 366:11, Shemirat Shabbat Kehilchata 17:17, Orchot Shabbat 3:28:95
  32. ↑ Based on the third reason of Tosfot Eruvin 72a
  33. ↑ 73:4
  34. ↑ 370:8
  35. ↑ OC 92
  36. ↑ 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.
  37. ↑ 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.
  38. ↑ Eruvei Chatzerot 29:3
  39. ↑ Eruvei Chatzerot siman 29 p. 495 s.v. vgabei
  40. ↑ Shulchan Aruch O.C. 370:2
  41. ↑ Chazon Ish 90:38, Eruvei Chatzerot 30:2:3:2, Betzel Hachachma 5:140-141, Netivot Shabbat 34:5
  42. ↑ Chelkat Yakov 186
  43. ↑ 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
  44. ↑ Igrot Moshe 1:141, Maharshag 2:122
  45. ↑ Trumat Hadeshen 76, Shulchan Aruch O.C. 370:8
  46. ↑ Eruvin 65b, Rama 370:8, Darkei Moshe 382:5, Biur Halacha 370:8 s.v. osrim
  47. ↑ Sht Harama 120, Magen Avraham 382:12, Pri Megadim, Shaar Hatziyon 370:36
  48. ↑ 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 p. 410, Rav Yechezkel Roth in Emek Hateshuva 9:45, and Pri Gani v. 7 p. 45.
    • Those who are lenient in hotels in general: Chelkat Yakov 1:186 because of matzi mesalek ley.
    • 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.
    • 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.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.
  49. ↑ 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.
  50. ↑ 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.
  51. ↑ Shulchan Aruch O.C. 382:4
  52. ↑ Biur Halacha 382:1 s.v. tzarich
  53. ↑ Shulchan Aaruch O.C. 382:7. Mishna Brurah 382:27 explains that since eruv doesn't work without sechirut reshut, when the sechirut reshut expires it is as though the eruv rwas nullified and a new one is necessary.
  54. ↑ Shulchan Aruch O.C. 382:9. Shulchan Aruch Harav 382:12 clarifies that it isn't necessary to specify with the non-Jew that it is on behalf of all of the Jews. Dirshu 382:50 quotes Chazon Ish who says that the minhag is to be lenient if the one who did the sechirut reshut is away for Shabbat.
  55. ↑ Shulchan Aruch O.C. 382:4
  56. ↑ Shulchan Aruch O.C. 382:5
  57. ↑ 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.
  58. ↑ 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.
  59. ↑ Mishna Brurah 382:26 and 28
  60. ↑ Shulchan Aruch O.C. 382:8, Mishna Brurah 382:26 and 29
  61. ↑ Shulchan Aruch O.C. 382:11
  62. ↑ Shulchan Aruch O.C. 382:18
  63. ↑ Bet Yosef 391:1, Shulchan Aruch O.C. 391:1. Biur Halacha 391:1 s.v. shelo quotes Chacham Tzvi 6 who limits this to where the king could declare whenever he wants without consulting his citizens. Dirshu 391:12 quotes Ginat Veradim who says that this leniency does not apply if the king must consult his advisers before declaring war.
  64. ↑ Rivash 710, Rama 391:1, Mishna Brurah 391:12. This is unlike Taz 391:3 who doesn't rely on this reason alone, but Shaar Hatziyun 391:5 quotes most achronim who disagree.
  65. ↑ In America, the third amendment took away the ability for government to house soldiers in citizen's homes. Dirshu 391:10 quotes that the Steipler (Karna D'igarta 2:96) and Shevet Halevi 8:97 held that it is impossible to do sechirut reshut from the government today since their rights of forcing people to house soldiers is severely restricted.
  66. ↑ There are several ways to permit a non-Jew who is a guest at a Jew's house: 1) The non-Jew is only staying there less than 30 days and doesn't visit there regularly. In that case, Shulchan Aruch O.C. 384:1 based on Yerushalmi, Rosh, and Tur that no sechirut reshut is necessary. 2) If the owner can remove the non-Jew (matzuy lsalkinhu) a sechirut reshut isn't necessary. This is the view of Gra 382:3 and Biur Halacha (384:1 s.v. eino). 3) The owner only let the non-Jew into his house intending that he wouldn't forbid him from carrying on Shabbat (לא השאיל או השכיר לו על דעת שיאסר עליו). This is the logic of Rashba (Avodat Hakodesh 4:103) codified by Rama 382:1. Bet Meir disagrees on the basis of Rambam. Mishna Brurah (Shaar Hatziyun 382:6, Biur Halacha 384:1 s.v. eino) is hesitant to rely on this Rashba unless it is also possible to remove the non-Jew whenever he wants, in which case even according to Rambam and Gra sechirut reshut isn't necessary. Shulchan Aruch Harav 384:1 does not apply this logic unless the non-Jew is staying there permanently for like a year but if he's just a guest this logic does not apply. Biur Halacha 384:1 s.v. eino quotes this. [Rashba himself does rejects this entire leniency in his Chiddushei Harashba 72a, Avodat Hakodesh (Bet Hanetivot 4:60), and Responsa (Meyuchasot Lramban 220) according to the manuscript version. Nonetheless, Maggid Mishna and Rama based on Rashba (Avodat Hakodesh 4:103) rule like this reason alone. Also, see Chidushei Hameiri 61b who quotes that Ramach, Ramban, and Rashba all held of this leniency.]
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