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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, 8 March 2023→Sechirut Reshut
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* [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== | ==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> | ===What is sechirut reshut?=== | ||
# 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 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 However, Chatom Sofer 92 and Bet Meir 382:20 argue that it is a dvar shebeminyan and can't be repealed.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 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>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=== | |||
# 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</ref> | |||
#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.<Ref>Biur Halacha 382:1 s.v. tzarich</ref> | |||
#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.<ref>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.</ref> | |||
#One person can do the sechirut reshut on behalf of all the Jews in the eruv.<ref>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.</ref> | |||
===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> | |||
#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> | |||
#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> | |||
===From whom can one do sechirut reshut=== | |||
#It is possible to do sechirut reshut from the person himself, his wife, or his worker who can use the area.<reF>Shulchan Aruch O.C. 382:11</ref> | |||
#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.<reF>Shulchan Aruch O.C. 382:18</ref> | |||
# 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,<Ref>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.</ref> or (2) the king owns the streets and can confiscate the street and move it somewhere else.<reF>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.</ref> Nowadays, in democracies the first reason usually does not apply.<ref>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.</ref> | |||
===Non-Jewish tenants=== | |||
# 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> | # 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== | ||
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[[Category:Shabbat]] | [[Category:Shabbat]] | ||
