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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###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 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> | ###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 | #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 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. | *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. | * 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> | * [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> | ||
==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>Shulchan Aruch 382:1</ref> | |||
# 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.<ref>Shulchan Aruch 382:1</ref> | |||
# If a non-Jew is a guest at a Jew's house no sechirut reshut is necessary.<Ref>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.]</ref> | |||
==Sources== | ==Sources== | ||
<references /> | <references /> | ||
[[Category:Shabbat]] | [[Category:Shabbat]] | ||
