What is the
purpose of erecting an eiruv?
What is the cause for such a mistake?
He rationalized
that people would compare a communal yard with a public domain, as
both are shared and used by others. This has been endorsed by
Chazal and is part of halacha in the Shulchan Aruch.
Is there a way to carry to and from a
communal yard?
Indeed, as a
result, the concept of eiruv chatzeiros (combining of yards)
was established. Chazal devised a method of combining
all private domains into a single communal domain and thus solve the
entire problem. This is done by collecting bread from all neighbors
of a yard and placing the bread in one of the houses. A person is
where his meal is and thus everyone shares a house and the yard is
attached or belongs to that one house. In effect, a single private
domain has been created, with many people living therein, far
removed from a public domain.
When tenants
subsequently carry to and from the communal yard it is not compared
to a public domain. Eiruv means to combine or mix and
Chazal devised a way to combine several private domains
into a single domain.
Can this be duplicated on a grand scale
such as a neighborhood?
Yes it can but it
is much more complicated. The reason is because a communal yard or
building stairway is already surrounded by walls and fences, which
grants it a status of a reshus hayachid – a private domain,
which in turn is divided up into private homes and apartments. All
that is needed is to pool sources by sharing bread and placing it in
one of the homes.
Larger facilities
might not be surrounded or have walls and thus the first and major
project is to create a private domain by erecting walls. This is the
complicated part.
An area can be enclosed by walls and fences and by a
tsurat hapesach. A tsuras hapesach comprises two
vertical poles and a third pole perpendicularly placed above. The
third pole may be wire, string, wood or anything that can stretch
from one pole to another. It need not touch the vertical poles,
suffice that it is perpendicular above.
The halachos
of a tsuras hapesach are extremely complicated and we will
not endeavor to encompass them in these brief shiurim.
The idea is to
surround a neighborhood or town, incorporating existing fences and
walls and complementing these with a tsuras hapesach.
Obviously a single tsuras hapesach is not adequate to
surround a large area. This is done by placing many poles at a
certain distance from each other and stretching a wire from one pole
to another.
Can this method be used to surround a town
and city?
Basically yes, but
it is very important to note that an area defined as a reshus
harabim d’oraisso, i.e. a biblically defined public domain,
cannot be enclosed only by a tsuras hapesach, rather its
entrances must be closed with doors or gates. Several complicated
factors define a reshus harabim but we will not delve into
them.
A city defined as a
karmelis, a reshus harabim d’rabanan, can be enclosed
with a tsuras hapesach without gates or doors at its
entrances.
Isn’t there a problem of gentiles residing
in the neighborhood?
For various reasons
gentiles prevent the implementation of the eiruv and
Chazal said that one must ‘rent’ the gentile’s property. This is
feasible in an apartment building but impossible in a large
neighborhood with hundreds of gentiles. In large areas, renting is
substituted by hiring from local authorities who have authorization
to enter resident’s homes.
What is the next stage?
Enclosing an area
defines it as a private domain but one may not yet carry in this
area because it is divided by many private domains. The next step is
to have all residents share bread and produce the same conditions as
the eiruv chatzeiros mentioned above. This sharing is called
shituf mevo’os – sharing alleys, because here we are
combining neighborhoods and not only houses in a yard.
Matzos are usually used, because they last long without
spoiling and they are usually placed in a shul.
Briefly -
-
An area must be
surrounded and enclosed and this is mainly accomplished with a
tsuras hapesach.
-
Gentile’s
residences must be rented individually or rented from local
authorities.
-
Bread – matzos
must be provided by (or granted to) all the residents and are
usually placed in a local shul.