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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# The general leniences and the disputes surrounding them: | # 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> | ## 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 | ### 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> | ||
### 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 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> | ||
### | ### 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> | ||
### 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. | ### 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> | ## 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> | ||
