Allowing Carrying Using an Eruv Chatzerot: Difference between revisions
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Allowing Carrying Using an Eruv Chatzerot (view source)
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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> | #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> | ||
#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> | #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> | ||
===Elaboration of Whether an Eruv Chatzerot is Necessary in a Hotel=== | |||
Does a hotel need an eruv chatzerot? | |||
#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. | |||
#The leniencies everyone agrees with: | |||
##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> | |||
## 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> | |||
# The general leniences and the disputes surrounding them: | |||
## 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> | |||
### 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> Shulchan Aruch Harav,<ref>Shulchan Aruch Harav 370:6</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. | |||
### 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> | |||
### This leniency according to some poskim doesn’t apply if the hotel owner is a non-Jew. | |||
### 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. | |||
## 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> | |||
### 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</ref> | |||
### This leniency is not effective if the owner is non-Jewish.<ref>Chelkat Yakov 186</ref> | |||
### 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, Eiruvei Chatzerot (by R Menachem Moscowitz) siman 30:3:2 p. 523 quoting Rav Elyashiv and</ref> Some poskim reject this distinction.<ref>[https://hebrewbooks.org/pdfpager.aspx?req=916&st=&pgnum=243 Igrot Moshe 1:141]</ref> | |||
## 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> | |||
###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> | |||
###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> | |||
#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. | |||
*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. | |||
* [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> | |||
==Sources== | ==Sources== | ||
<references /> | <references /> | ||
[[Category:Shabbat]] | [[Category:Shabbat]] | ||
