web analytics
October 31, 2014 / 7 Heshvan, 5775
At a Glance
Judaism
Sponsored Post
Meir Panim with Soldiers 5774 Roundup: Year of Relief and Service for Israel’s Needy

Meir Panim implements programs that serve Israel’s neediest populations with respect and dignity. Meir Panim also coordinated care packages for families in the South during the Gaza War.



Eruvin: Dissenters And Protesters

In order to carry from one’s home into the street (even when the area is enclosed by a properly constructed eruv), the eruvin ceremony must be performed. This ceremony involves the placing of food in one designated home on behalf of all Sabbath observers in the enclosed area. In order for the eruvin ceremony to be valid, however, it must be performed on behalf of all owners of streets and homes in the enclosed area.

Because non-Jews and others who do not observe the Sabbath are not eligible to participate in the eruvin ceremony, the eruv committee must enter into a nominal lease by which the non-Sabbath observant owners lease their streets and homes to the Sabbath observers to enable the latter to conduct a valid eruvin ceremony. This rental procedure is known as sechirat reshut. No written instrument and only token rent is required for sechirat reshut.

Sechirat reshut of streets and other public areas is entered into with those authorities and their agents that control them or exercise jurisdiction over them, such as mayors, borough presidents or even police officers. It is, however, impractical to effect sechirat reshut with each non-Sabbath observant homeowner in the enclosed area. The solution of the Chazon Ish and others, is once again, to rent such private homes from the governmental and municipal authorities that exercise jurisdiction over them.

This solution is based on the halachic principle of right of entry or tefisat yad. The halacha recognizes the right of the authority to rent out the property over which it has a right of entry. The power of the government or the municipality to expropriate private property in times of war or to build roads, or the right of police, fire or sanitation officials under certain circumstances to enter private homes without owners’ consent, are a few examples of right to entry upon which the halacha relies for the purpose of sechirat reshut.

What about those who refuse to participate in sechirat reshut or in the eruvin ceremony and protest it in principle? For example, some Sabbath observers object to an eruv because they believe it to be invalid and wish to prevent others from mistakenly relying on it. Can the property of such protesters be included in the private domain brought about by the eruvin ceremony? If it cannot, the eruvin ceremony is invalid and no carrying will be permitted by anybody from homes to streets or vice versa, in the enclosed area.

The late Rav Menachem Kasher, in his treatise on the Manhattan eruv, suggests the eruv protesters can be ignored and thus have no power to invalidate the eruv for use by others who wish to rely on it. Rav Kasher cites several reasons for his opinion. First, even if the protesters are correct in considering a particular eruv invalid, this should not prevent others, who are unaware of the situation, from using it in good faith. “Better that they violate unintentionally than deliberately” is a halachic principle that applies to certain rabbinic enactments, including the prohibition of carrying in a karmelit.

Accordingly, argues Rav Kasher, the protester bestows no benefit on others but simply spoils for the sake of spoiling. Such conduct is called “Ethics of Sodom” and can be legally ignored.

Moreover, Rav Kasher argues that once the authority has rented the area, it is irrelevant whether the individual resident condones the use to which it is put. In his treatise Rav Kasher describes his visit to Rav Moshe Feinstein, a prominent opponent of the Manhattan eruv. After attentively listening to Rav Kasher’s arguments in favor of the Manhattan eruv, Rav Moshe did not object to its use by those who wish to use it though he still preferred not to use it himself.

About the Author: Raphael Grunfeld’s book, “Ner Eyal on Seder Moed” (distributed by Mesorah) is available at OU.org and your local Jewish bookstore. His new book, “Ner Eyal on Seder Nashim & Nezikin,” will be available shortly.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Eruvin: Dissenters And Protesters”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Yehudah Glick on the Temple Mount.
Yehuda Glick’s Condition Stabilizing, “He Was Very Lucky” (1:00 PM)
Latest Judaism Stories
PTI-103114

People love their GPS; just type in the address and it tells you exactly how to get to where you want to go.

Grunfeld-Raphael-logo

In the same way as a married woman is precluded from marrying another man without a get, so too is this widow prohibited from marrying another man without chalitzah.

Daf-Yomi-logo

The Ban Of The Communities
‘Impaired Chalitzah’
(Yevamos 26b)

Question: I recently loaned money to a friend who has been able to repay only part of it. This was an interest-free loan. We exchanged a signed IOU, not a proper shtar with witnesses, since I have always trusted her integrity and only wanted a document that confirms what was loaned and what was repaid. Now that shemittah is approaching, what should I do? Should I forgive the loan? And if my friend is not able to repay it, may I deduct the unpaid money from my ma’aser requirement?

Name Withheld

“My mother raised us to independence, all of us,” Rivka says, which certainly plays itself out in the fact that all three children have taken a different path.

“ ‘We’re almost out of stamps,’ I said. ‘I’ll be happy to run over to the post office and pick up a supply.’ ”

Bris Bein Habesarim affirmed that Hashem gave the land to Avraham’s children. It does not specify for how long. It did not guarantee the Jewish people eternal ownership of the land

According to the Raavad if one who is uncircumcised breaks something he will be exempt from paying for it since he was chayav kares at the same time as he was obligated to repay for the item he broke.

Why does Hebrew refer to mothers-in-law as “sunshine” when society often calls them the opposite?

Having herself been victimized by Pharoah, Sarah should have been more sensitive to Hagar.

Avram’s father was not impressed with the cleverness of his son. In fact, he was so unimpressed that he took him to Nimrod the king, who pronounced him an enemy of the state and attempted to execute him.

How do the stories in Lech Lecha help us understand the central tension of Abraham’s life, legacy?

Abraham did not govern society but instead was the representative of God’s kingdom on earth.

Hagar grossly miscalculated her own merits and demonstrated a serious lack of gratitude for Sarai.

Noach was the lonely man of faith living in a depraved world, full of wickedness.

More Articles from Raphael Grunfeld
Grunfeld-Raphael-logo

In the same way as a married woman is precluded from marrying another man without a get, so too is this widow prohibited from marrying another man without chalitzah.

Grunfeld-Raphael-logo

Should we sit in the sukkah on a day that may be the eighth day when we are not commanded to sit in the sukkah at all?

We are told that after returning home from Ne’ilah and breaking our fast, the first activity we should engage in is building a sukkah.

In addition to Yom Kippur, there is at least one other instance when a person may fast on Shabbat – the case of a ta’anit chalom, in which a person wishes to fast to prevent an ominous dream from becoming reality.

We must eat, sleep, work, and care for our dependants. How much time is left over after all that?

If mourning is incompatible with Yom Tov, why is it not incompatible with Shabbat?

On Chol HaMoed some work is prohibited and some is permitted. According to some opinions, the work prohibition is biblical; according to others, it’s rabbinical.

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/eruvin-dissenters-and-protesters/2013/05/17/

Scan this QR code to visit this page online: