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Daf Hayomi B'halacha Monthly Bulletin בס”ד DAF HAYOMI B’HALACHA Issue MONTHLY BULLETIN #57 תמוז-אב תשע"ט: מתחילת סימן שצ"ג עד סימן תט"ז סעיף ג' Hilchos Eruv Techumin Topics relevant to the material learned this month in Daf HaYomi B’Halacha How does an irreligious Jew Why is there no problem of affect an eiruv chatzeiros? chatzi shiur by techumin? Does renting from a government Does the techum of twelve mil official or police chief permit also apply on Yom Tov and for making an eiruv in large cities? women? 888-5-DIRSHU | 212 SECOND STREET, SUITE 404B | LAKEWOOD, NEW JERSEY 08701 SUITE 404B | LAKEWOOD, STREET, 888-5-DIRSHU | 212 SECOND 1 How does an irreligious Jew affect an habitually transgresses, but some say that even one time is eiruv chatzeiros? sufficient to be treated like a non-Jew. ‘Openly’ violating Shabbos means either doing it in the presence of ten Jews or knowing that The laws of Eiruv Chatzeiros require that an eiruv be made in it will become known to ten Jews. order to permit carrying from a private dwelling into a semi-public area, even though it is a reshus hayachid (private domain). For Even though eiruv chatzeiros is generally stricter regarding non- example, if several dwellings open to a single yard, their residents Jews, and irreligious Jews are treated similarly, there are some may generally not carry in or out of their homes unless an eiruv cases where it is more lenient in regard to a non-Jew. When a chatzeiros is made by each dwelling contributing some bread (or single Jew lives among non-Jews, the Jew may carry even without the one making the eiruv gifting a portion of his bread to them). an eiruv chatzeiros and does not need to rent from them. Only The eiruv is only valid when all the dwellings which open to the when there is more than one Jewish dwelling and they need to yard contributed to it; if even a single dwelling did not participate, make an eiruv among themselves are the non-Jewish dwellings the prohibition against carrying remains in force for all the problematic by invalidating the eiruv until the Jews rent from dwellings in the yard. However, if a dwelling forgot to participate them. The Poskim discuss whether this leniency also applies in the eiruv, he can do ‘bitul reshus’ (ceding his dwelling) to the to irreligious Jews and a single religious Jewish dwelling could others who made the eiruv and they will be permitted to carry disregard the irreligious dwellings. The Korban Nesanel (Eiruvin because he is considered to be a guest (who is not obligated to ch. 6, 13:40) cites the view of Rabbeinu Yerucham (vol. 1, Nesiv contribute to the eiruv)1 . Only Jews can participate in an eiruv or 12:16) who rules that an irreligious Jew is treated entirely as a perform bitul reshus. If a non-Jew dwells among Jews their eruv is non-Jew in regard to eiruv chatzeiros and if there is only one invalid unless they rent his dwelling from them. religious Jewish dwelling he may carry. On the other hand, the Korban Nesanel citing Shu”t Yad Eliyohu and Rabbi Akiva Eiger The Shulchan Aruch (385:3) writes that an apostate Jew or one who (Teshuvos Chadoshos O”Ch 7, and Gilyon Shu”A ibid.) citing Even openly violates Shabbos – even if only by Rabbinic transgressions – Haozer (Eiruvin 68b), rule that an irreligious Jew is also stringently has the rules of a non-Jew and can neither participate in an eiruv nor treated as a Jew and carrying is prohibited even if there is only do bitul reshus. If he only violates Shabbos privately, even if he does one religious Jewish dwelling. However, because this stringency Torah transgressions, he has the rules of a Jew and can [participate in is based on treating him like a Jew, his bitul reshus permits the an eiruv and] perform bitul reshus. religious Jew to carry. Shu”t Teshuras Shai (vol. 1, 318) rules that even The Mishnah Berurah (§4) adds that a Jew who transgresses though strictly speaking the Halachah should follow the lenient any violation ‘lehachis’ (defiantly), even privately, is also treated opinion2 , nevertheless, because the Even Haozer ruled stringently, like a non-Jew and cannot participate in an eiruv nor do bitul it is proper to be strict. The Chayei Odom (75, Nishmas Odom §8) reshus. Most Poskim maintain that this only applies if the person remains unsure, while the Chazon Ish (O”Ch 87:11) rules leniently. 1 In some circumstances, depending on how the bitul reshus is done, he also may carry. 2 Halachah generally accepts the opinion of Acharonim against Rishonim only when they knew of and disputed with the Rishonim; otherwise, we assume they would have humbled themselves and accepted the Rishonim’s opinion. Since Rabbi Akiva Eiger only cites the Even Haozer (an Acharon), and both make no mention of Rabbeinu Yerucham, we assume that they were unaware of Rabbeinu Yerucham’s opinion. 3 For instance, a non-Jew incurs the death penalty for stealing even less than a shaveh perutah. 4 These wods of the Gaon Yaakov are cryptic because a Jew never incurs the death penalty for stealing even more than a perutah. Presumably he means that violating Shabbos does not change his inherent attitude towards money. 2 בס”ד תמוז-אב תשע"ט: מתחילת סימן שצ"ג עד סימן תט"ז סעיף ג' There is another leniency regarding a non-Jew concerning the price power he has to station soldiers in the houses of the city. The of the rent; it need not be a ‘shaveh perutah’ (minimum halachic Shoel Umeishiv raises a number of difficulties with this report5 value). Although the minimum value that has Halachic bearing for and rules that they should rent from the city’s rulers to whom Jews is a shaveh perutah, non-Jews care more about their money the taxes are paid. Even though the power of collecting taxes and even less than a shaveh perutah matters to them Halachically3. is in itself insufficient, since these rulers also have the authority The Korban Nesanel (ibid. 13:20) writes that when renting from to seize the houses for non-payment of the taxes, they are an irreligious Jew, less than a shaveh perutah is sufficient. Tosafos considered to have rights over the houses. Shu”t Teshuras Shai Shabbos (382:§4) also leans towards this view, deriving support (vol. 2, 206) and Shu”t Maharsham (vol. 5, 33, and vol. 9, 20) from the Poskim’s silence – they mostly make no mention that also permit renting from the ruler of the city, somewhat relying a different price is needed when renting from an irreligious Jew. on the ruling of Shu”t Ginas Veradim (O”Ch 3:22) who rules that However, the Gaon Yaakov (Eiruvin 69a s.v. bemeizid) writes that nowadays, renting from the non-Jews is not required. [See last a shaveh perutah is necessary because being irreligious does not bulletin, and Mussaf Dirshu on Mishnah Berurah 382:1§1.] make him liable to incurring the death penalty for stealing less than a shaveh perutah4. [See Shoneh Halachos (382:1) for discussion More recently, the Steipler Gaon (Karyana D’Igrasa vol. 2, 96) about the opinion of the Chazon Ish.] questioned the validity of renting from city rulers, because they do not have specific power over the houses. Their authority to Does renting from a government sometimes store supplies in houses and to station soldiers during official or police chief permit making times of war is not because of specific rights on the property an eiruv in large cities? per se, rather, they can force the people to contribute to the war efforts by making their houses available. This does not qualify the If there are multiple non-Jewish dwellings in an area making ruler to rent the non-Jewish dwellings for eiruv purposes. Shu”t an eiruv chatzeiros, the Shulchan Aruch (391:1) rules that it is Shevet Halevi (vol. 8, 97 & 177(b):8) also questions the validity of insufficient for the Jews to rent from the ruler of the city - they renting from the city rulers or police chiefs nowadays. He states must rent separately from each non-Jewish dwelling; unless that even though the practice in earlier times was to rent from certain conditions exist. If the houses are owned by the ruler, if he these officials, their power nowadays is significantly less than has the right to use the houses when necessary during wartime, at that time, and renting from them does not permit carrying. or if he is the potentate with sole authority over the city, then Nevertheless, Shevet Halevi rules that when there is no other renting from him or his workers is sufficient. option, the opinion of the Ginas Veradim should be relied upon When constructing an eiruv for an entire city, where it is that nowadays, renting from non-Jews is not strictly required, and practically impossible to rent from each non-Jewish dwelling, an eiruv should be made by renting from these officials6. Shu”t there has been much discussion among the Poskim through the Minchas Yitzchok (vol. 9, 110) mentions that even if the right to generations about what kind of ruler is qualified to permit carrying collect taxes were sufficient, the government of the modern State throughout the city. of Israel is deemed to be a ‘moches haomed me’eilav’ (has no Halachic right to collect taxes), and renting from the government The Biur Halachah (s.v.
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