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Shulchan Halevi ~.. SHULCHAN HALEVI Halachic Responsa From the Desk of HAGAON HARAV Yisroel HaLevi Belsky, shlita 46 SHULCHAN HALEVI samim - \Vho has created fragrant woods'. Ifthe scent derives from a areas in \\'h:~ .. --, grass or similar plant that withers away in the winter, then the blessing eruvin do EC': .::..1 is 'bard isvei besamim \Vho has created fragrant grasses '. 'Borei mi­ machmir --, nei besamim' is made on a scent derived from animals, such as musk, they wish to ' or a mix of spices ground into a powder that cannot be separated, or during havdalah, as mentioned above. Bungalow cole,rrjj These halachos are treated in the Shulchan Aruch,104 and carry a installed co=-:-~ - -­ special importance. Chazapos tell us: "'Let all souls praise God, Hal­ its kashru-. -=-=-__ ' i leluyah: What thing does the soul benefit from [in this world, that it ins are USUe,. :--~, should praise Hashem]? I would say, this refers to fragrance:' Fra­ ha'rabbim '. e':: grance is something the soul itself enjoys. It is certainly worthwhile Even in the .:c' to know the precise blessing to recite on a pleasure that even the soul public dOG':c. __ enjoys. As we have often indicated, the halachos presented here are neve:thele~o--':' only a basic outline. A proper understanding of these halachos can by the e:1:.''­ only be reached by studying and reviewing them thoroughly. colony for ~:-:: Cityeruy: :::- :::::1 ERUV IN BUNGALOW COLONY AND CITy106 complex., ':.= ha'pesClc·;:. Is it preferable to be stringent (machmir) and avoid carrying cannot b:: _'= ~ within the eruv of a city, bungalow colony, or camp? precisely .. .:.:-=-j The e::.~~' ANSWER six-hune::::.: -=-. '1 If the eruv in question is known to be kosher, and under reliable su­ Tosafos:: '-:J pervision, then there is no problem making use of it. There are some maintair: ­ who wish to follow the opinion of the Rambam,107 who holds that particuL:.:: the distance of the enclosure covered by actual mechitzos (halachic Abc\-.::: . =-. 'barriers') should be greater than that covered by tzuros ha'pesach '\'ere \\.::~::;; - ~:c';:3 (halachic 'doorways'). This principle is called "omed merubah al the Fre~::::: haparutz;' that is, the real barriers must be greater than the open tion cL - :: ':t 'llO T"Ui "0 M"lK .104 :mmJi:t.10S ;'''l:nv ·,tl M"lK .106 " 'lltl :t"01li "tl M"lK ll"lW:t K:t1r.l .107 ~qjIIWI,~~,,""~_II!I_I!I!,"~ Orach Chaim 47 areas in which doorways are used to complete the enclosure . ..vIost eruvin do not adhere to this restriction, and those who wish to be machmir should consult with the Rav in charge of the particular eruv they wish to use. Bungalow colonies: In a bungalow colony, as long as the eruv was installed correctly (al pi din), there is almost never a question as to its kashrus. This is because these small collections of summer cab­ --- ~I ins are usually not considered to be a proper public domain (reshus ha'rabbim), even considering the country road that might bisect it. Even in the view of the Mishkenos Yaakov,108 such an area is not a public domain, and the eruv is kosher. Some bungalow colonies may nevertheless have public domains running through the area enclosed by the eruv, so it is always advisable to consult with the Rav in that colony for specific information regarding each eruv. City eruv: Determining the halachah regarding a city eruv is far more complex. It is clearly established in halachah, that a series of tzuros ha'pesach, or open doorways, in a public domain (reshus ha'rabbim) cannot be used for an eruv. \Vhat remains as a matter of dispute is precisely what the Torah considers to be a public domain. The early Rishonim disagree on whether a domain must contain six-hundred thousand people to be considered 'public'. Rashi109 and Tosafos 11O hold that it must, while most other Rishonim disagree, and maintain that even ifthere are not six-hundred thousand people in a particular area, it may still be a full-fledged public domain. About one hundred and seventy-five years ago, two major responsa 111 r .. .·il were yvritten regarding eruvin. The Mishkenos Yaakov wrote against r.~ .;l the practice of building eruvin in large cities, even if their popula­ tion did not reach six-hundred thousand, while the Beis Ephraim!12 1'''' "l' .108 "'ll7i"i .1)) ,O"1Vl" 7i"i:1 ,7i'" 7i"i .11':l1l'1' .109 1X::J 7i"i :111:l1V .110 :l::Jp-::Jp Cl'lr.I'O n"lX p,n 11"11V .111 T::J-1::J Cl'lr.I'O n"lX p,n 11"11V .112 48 SHULCHAN HALEVl justified the construction of such eruvin, as long as the population -""~:-_':~t -: did not exceed six-hundred thousand people, based on Rashi and : 2.=-5 - ~4 Tosafos. The custom in Europe in most communities was to rely on - -;~ ~~ .. c:- _ ,;:_. the Beis Ephraim, Rashi, and Tosafos, that a Torah-sanctioned reshus dor:::2..:-=~_ ~: ~:. :-.1 ha'rabbim must be populated by six-hundred thousand people. Since :n2.I:: 2. __ C~:-- most European towns did not meet that criterion, eruvin were permit­ 2.S ::' 2.:-: :J ted during that period. 2.H ,;::-L:"';,- ---. - ; With the passing of time cities became larger until it became common for Jews to live in cities with populations in the hundreds of =':1 thousands and even millions. This means that even Rashi and Tosafos ~ce~:~.:: _- -- =~ would consider these cities full-fledged 'public domains; and the main _, _.=1 heter of the Beis Ephraim no longer applies. nur::::::-;:::­ In the interest of maintaining the viability oferuvin in large cities, some modern-day Rabbanim began to search for various rationales ~umber r' ~~ji to avoid classifying large cities as bona-fide public domains. ~ 'J "',\-ritcs -~'=-_2.: Sidewalks: One suggestion that has been made is that sidewalks are not public domains, but simply "edges of the public domain" (tzidei are2­ reshus ha'rabbim). If this were indeed the case, it would be permis­ six -:-._:-._::-:'::' ::l sible to set up an eruv on the sidewalk. Presumably, the rationale is ea.:_'"l c.2--,' . ~ _ ~1 that cars and other vehicles do not generally drive on the sidewalk; \',-oU~C they usually drive on the paved road, which contains no obstacles L_l~ :- = _ ~__ ~_..::.. and upon which it is easier to travel. On the other hand, the Gemarall3 l!'"lte:-:::;.-c:::.:: - __ >:: defines tzidei reshus ha'rabbim as a market place where peddlers sell Q:5C''::~:3 their wares and pedestrians cannot pass through with ease. With this .K.::..~:-_: ___ ::-::-_ in mind, it becomes very difficult to classify our sidewalks, which were :~ C·J.S 2.:: '- : made for the express purpose ofpermitting the free flow ofpedestrian :J be ..:!:'=-_~_~:~:: traffic (hiluch ha'rabbim), as tzidei reshus ha'rabbim, where pedestrian traffic is limited. A52.:-_.2.'~'::' L'"'eOL' _;: -- ~. Individual streets: Another mistaken idea is that individual streets ;:-r,-e:- e~'~~:<::: __ which cannot accommodate six-hundred thousand people at a time r2.[,:-:::-::~ are not considered reshus ha'rabbim, even if they are part of a city .n J1J.IV "lJ .113 Orach Chaim 49 '" ~~Lllation whose population exceeds that number. This innovative distinction and fails when subjected to halachic scrutiny. The undisputed halachah f"'-' - rely on is that an alley-way open on both ends (mavui mefulash) to a public t:: =-~d reshus domain is also classified as a public domain. Side streets are no better ~ ::,~e. Since than alley-ways, and open-ended side-streets must also be classified l ~'::"e permit- as a part of the public domain. Thus, the argument for constructing an eruv on side-streets becomes completely baseless. More fundamen­ t:... :: became tally, the fact that open-ended alley-ways are considered part ofthe :: . .:.:-.dreds of public domain negates the notion that for any particular street to be t.: - ~ Tosafos deemed a public domain, it would need to have six-hundred thousand :hemain residents. It is unthinkable that an alley-way could accommodate such a number, yet it certainly forms part of the public domain. cities, i'_' :- at:onales Number of passersby: Others set on finding a loophole for eruvin in large cities looked to the wording of the Shulchan Aruch,114 who writes that a reshus ha'rabbim is one that is traversed by six-hundred :>: .:. -.: '.·.-alks are thousand people each day. This, they suggested, means that even ifan I:=-. .:.::-~" (tzidei area or thoroughfare was potentially capable of handling the traffic - ~e permis­ of six-hundred thousand people, if the number of actual passersby le ~ .:::ionale is each day was fewer, it could not be classified as a public domain. This ,idewalk; would allow the construction of halachic 'doorways' in and along -' ,::'bstacles such thoroughfares. The Mishnah Berurah 115 takes issue with this L.:: Gemara113 interpretation, saying, "I have looked through all the Rishonim who : :: :: ':'dlers sell discuss this view, and this precondition is not mentioned by them. ., \'ith this [The Rishonim 1only say that a city must be populated by six-hundred were thousand:' Given this, all ofa large city's roads and thoroughfares are edestrian to be considered a reshus harabbim, even if no existing street carries ==--.: ::-.:destrian six-hundred thousand people daily. As an aside, the idea that there are streets through which 600,000 people traverse daily gives credence to a fantasy. No such street _2.1 streets ever existed and imagining this to be a requirement for a reshus '::: at a time ha'rabbim is essentially an attempt to institute a halachic reform for a city t1"D1V - .-::::; ")1.113 ') '''0 "0 .114 "T";:' P"OlJ1V .115 50 SHULCHAN HALEVI the sake of modern convenience.
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