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Community Eruv: Key Points

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Community Eruv: Key Points ,”havzgc C THE OMMUNITYE RUV A Discussion of the Halachic Issues Regarding Eruvin in Brooklyn Including Hagaon Rav Moshe Feinstein zt”l’s Approach to Eruvin PUBLISHED BY: Vaad L’Tikkun Eruvin of Greater Flatbush Brooklyn, NY Shevat 5765 ȱ 28ȱ/ȱTHEȱCOMMUNITYȱERUVȱ SECTIONȱIȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ T HE C OMMUNITY E RUV A Discussion of the Halachic Issues Regarding Eruvin in Brooklyn Preface . 3 Letter of Approbation and Supervision for the Eruv. 4 Boundary Map of the Flatbush Eruv. 6 Introduction . 7 SECTION I / Hilchos Eruvin According to Most Poskim Where We May Carry on Shabbos . 11 What Is a Reshus HaYachid . 13 What Is a Tzuras HaPesach. 14 What Is a Reshus HaRabbim. 16 Why Brooklyn Is Not a Reshus HaRabbim . 21 A Summary of the Halachic Issues According to Most Poskim . 26 SECTION II / Hilchos Eruvin According to Rav Moshe Feinstein zt”l Hagaon Rav Moshe Feinstein zt”l’s Approach to Eruvin. 29 Are There Three Million People in Brooklyn. 34 Does the Eruv Encompass Shishim Ribuy . 37 Is Brooklyn Enclosed by Mechitzos . 39 A Summary of the Halachic Issues According to Rav Moshe Feinstein zt"l . 43 SECTION III / Other Issues Regarding Eruvin Rav Moshe Feinstein zt”l Respected the Halachic Opinions of Other Poskim. 47 Comparing Eruvin With Other D’Oraysas. 52 Shalom and Machlokes . 53 The Mitzvah and Obligation of Eruvin. 53 A Summary of Various Issues Concerning Eruvin. 57 SECTION IV / The Mechitzos Encircling Brooklyn Kuntres HaMechitzos . 61 Appendices. 67 The Community Eruv: Key Points . 90 Hebrew Approbations Asȱaȱcommunityȱeruv,ȱweȱwelcome yourȱparticipationȱandȱsupport.ȱȱ Pleaseȱdirectȱallȱinquiriesȱto:ȱȱȱ ȱ VaadȱL’TikkunȱEruvinȱȱ ofȱGreaterȱFaltbushȱ 1080ȱMcDonaldȱAvenueȱ Unitȱ226ȱ Brooklyn,ȱNYȱ11230ȱ ȱ ȱ ȱ PREFACEȱ THEȱCOMMUNITYȱERUVȱ/ȱ3ȱ ȱ ȱ ȱ Prefaceȱ PREFACEȱ Inȱ honorȱ ofȱ theȱ establishmentȱ ofȱ theȱ newȱ Flatbushȱ eruv,ȱ weȱ areȱ pleasedȱ toȱ presentȱ thisȱ overviewȱ ofȱ theȱ pertinentȱ halachicȱ issuesȱ regardingȱ eruvinȱ inȱ Brooklyn.ȱȱFlatbushȱhasȱnowȱjoinedȱtheȱlistȱofȱcommunities,ȱpastȱandȱpresent,ȱ whichȱhaveȱsoughtȱtoȱenhanceȱtheȱsanctityȱofȱtheȱShabbosȱandȱincreaseȱtheȱ onegȱShabbosȱofȱtheȱcommunityȱwithȱtheȱconstructionȱofȱanȱeruv.ȱȱȱ ȱ TheȱworldȬrenownedȱhalachicȱauthoritiesȱRavȱFischelȱHershkowitsȱshlitaȱandȱ RavȱYechezkelȱRothȱshlita,ȱtogetherȱwithȱmanyȱGedoleiȱHaPoskimȱinȱAmericaȱ andȱ acrossȱ theȱ globe,ȱ haveȱ paskenedȱ thatȱ itȱ isȱ bothȱ permissibleȱ andȱ aȱ greatȱ mitzvahȱtoȱerectȱanȱeruvȱinȱBrooklyn.ȱȱInȱlightȱofȱthisȱandȱinȱrecognitionȱofȱtheȱ vitalȱ roleȱ anȱ eruvȱ wouldȱ playȱ inȱ eliminatingȱ inadvertentȱ chilulȱ Shabbos,ȱ aȱ numberȱofȱrabbanimȱfromȱtheȱcommunityȱconvenedȱtoȱdiscussȱtheȱpossibilityȱ ofȱconstructingȱanȱeruvȱinȱFlatbush.ȱȱAtȱthatȱtime,ȱtheyȱresolvedȱtoȱestablishȱ anȱeruvȱandȱtoȱbringȱinȱaȱworldȬrenownedȱexpertȱinȱhilchosȱeruvin,ȱRavȱBenȱ TzionȱWoznerȱshlita,ȱtoȱoverseeȱtheȱkashrusȱofȱtheȱeruv.ȱ ȱ Weȱhaveȱgoneȱtoȱgreatȱlengthsȱtoȱensureȱthatȱourȱeruvȱmaintainsȱtheȱhighestȱ halachicȱstandardsȱandȱthatȱitȱbeȱacceptableȱl’mehadrinȱaccordingȱtoȱtheȱvastȱ majorityȱofȱposkimȱincludingȱHaGaonȱRavȱMosheȱFeinsteinȱzt”l.ȱȱȱ ȱ Inȱthisȱoverviewȱweȱintendȱtoȱanalyzeȱtheȱpertinentȱhalachicȱissuesȱ ȱinȱaȱconciseȱ andȱaccessibleȱmannerȱinȱorderȱtoȱclarifyȱanyȱmisinformationȱandȱconfusionȱyouȱ mayȱhaveȱaboutȱtheȱeruv.ȱȱWeȱhopeȱthatȱafterȱreadingȱthisȱoverviewȱwithȱanȱopenȱ mind,ȱyouȱwillȱrecognizeȱthatȱthereȱisȱaȱstrongȱhalachicȱfoundationȱuponȱwhichȱtoȱ baseȱanȱeruvȱinȱBrooklyn.ȱȱAtȱtheȱoutset,ȱhowever,ȱweȱwouldȱlikeȱtoȱclarifyȱthatȱ thisȱintroductionȱtoȱeruvinȱshouldȱnotȱbeȱusedȱasȱtheȱfinalȱwordȱonȱtheȱmatterȱasȱ weȱstronglyȱadvocateȱthatȱyouȱfollowȱtheȱp’sakȱofȱyourȱownȱrav.ȱ ȱ InȱHalichosȱShlomoȱ (Hilchosȱ Tefillin,ȱ simanȱ 31:95),ȱRavȱShlomoȱZalmanȱAuerbachȱzt”lȱisȱ citedȱasȱstatingȱthatȱif,ȱafterȱlearningȱaȱtopicȱwell,ȱanȱindividualȱstillȱfeelsȱthereȱisȱ reasonȱ toȱ beȱ stringent,ȱ atȱ thatȱ pointȱ heȱ hasȱ aȱ rightȱ toȱ beȱ stringent.ȱȱHowever,ȱ ifȱ someoneȱ hasȱ aȱ propensityȱ toȱ beȱ stringentȱ withoutȱ understandingȱ theȱ reasoningȱ behindȱ theȱ issue,ȱ heȱ willȱ endȱ upȱ beingȱ stringentȱ inȱ trivialȱ issuesȱ andȱ lenientȱ inȱ importantȱ ones.ȱȱThisȱ isȱ illustratedȱ byȱ theȱ followingȱ story.ȱȱOneȱ Shabbos,ȱ Ravȱ ShlomoȱZalmanȱsawȱaȱfatherȱandȱsonȱinȱtheȱstreet.ȱȱTheȱfatherȱwasȱcarryingȱaȱchairȱ butȱtheȱsonȱwasȱemptyȬhanded.ȱȱThisȱbotheredȱRavȱShlomoȱZalmanȱaȱgreatȱdealȱ andȱheȱcommentedȱonȱhowȱsomeoneȱwhoȱwasȱobviouslyȱbeingȱstringentȱinȱhilchosȱ eruvinȱbyȱnotȱcarryingȱwasȱatȱtheȱsameȱtimeȱdiminishingȱtheȱmitzvahȱofȱkibbudȱav.ȱ ȱ 4ȱ/ȱTHEȱCOMMUNITYȱERUVȱ APPROBATIONȱ ȱ ȱ ȱ Rabbi Benzion Y. Wosner xpf`e ield awri oeiv oa Rosh Beis Din Shevet Halevi ÈÂω Ë·˘ ‰‡¯Â‰ ˙È·Â ı"„·„ „"·‡ Monsey - Beit Shemesh ˘Ó˘ ˙È· - ÈÒ‡Ó .°"­¥ "ª²³ "È˙¯Ó˘Ó ˙‡ Ì˙¯Ó˘Â" 'ª¥ °"²« ³"¢« LetterȱofȱSupervisionȱ ȱ ȱ Iȱ wasȱ askedȱ byȱ Rabbisȱ ofȱ Flatbush,ȱ BrooklynȱȰȱincludedȱ inȱ thisȱ groupȱ wereȱ leadersȱ ofȱ shuls,ȱ headsȱ ofȱ yeshivosȱ andȱ knowledgeableȱ andȱ prominentȱ RabbanimȱȰȱtoȱ expressȱ myȱ opinionȱ onȱ theȱ eruvȱ theyȱ areȱ erectingȱinȱtheirȱneighborhoodȱaccordingȱtoȱtheȱcustomȱofȱourȱforefathersȱ andȱRabbisȱfromȱtimeȱimmemorialȱallȱoverȱtheȱworld.ȱȱAfterȱrepeated,ȱinȱ depth,ȱ andȱ allȱ encompassingȱ investigations,ȱ Iȱ findȱ thatȱ theyȱ haveȱ successfullyȱ accomplishedȱ Hashem’sȱ wishȱ toȱ erectȱ anȱ eruvȱ ofȱ veryȱ highȱ standards,ȱthatȱisȱprimarilyȱreliantȱonȱrealȱmechitzosȱ[actualȱdividers]ȱandȱ mechitzosȱwithinȱmechitzosȱthatȱsurroundȱtheȱareaȱonȱfourȱsides.ȱȱBecauseȱ ofȱthisȱandȱotherȱreasons,ȱasȱweȱexplainȱinȱourȱresponsum,ȱtheȱareaȱwhichȱ alsoȱ includesȱ Oceanȱ Parkwayȱ doesȱ notȱ comeȱ closeȱ toȱ satisfyingȱ theȱ requirementsȱ ofȱ aȱ reshusȱ harabbim.ȱȱInȱ thoseȱ fewȱ placesȱ whereȱ thereȱ areȱ openingsȱinȱtheȱsurroundingȱmechitzos,ȱtheyȱareȱclosedȱbyȱtheȱuseȱofȱwellȬ designedȱ tzurasȱ hapesachimȱ suchȱ thatȱ inȱ conjunctionȱ withȱ everythingȱ previouslyȱ saidȱ thisȱ eruvȱ isȱ kosherȱ accordingȱ toȱ theȱ viewȱ ofȱ allȱ halachicȱ authorities,ȱ includingȱ theȱ Rambam,ȱ Baisȱ Yosefȱ andȱ allȱ theȱ mastersȱ ofȱ theȱ Shulchanȱ Aruch.ȱȱThisȱ eruvȱ isȱ basedȱ onȱ theȱ sameȱfundamentalȱprinciplesȱ weȱ usedȱ toȱ constructȱ anȱ eruvȱ inȱ Chicago,ȱ Denver,ȱ Caracas,ȱ andȱ otherȱ places.ȱȱTheȱdetailsȱandȱtheȱattributesȱofȱthoseȱeruvinȱcanȱbeȱfoundȱinȱtheȱ ShevetȱHaLeviȱ(8:97,ȱ8:177).ȱ ȱ Now,ȱ afterȱ theȱ appointmentȱ ofȱ aȱ qualifiedȱ mashgiachȱ whoȱ isȱ aȱ talmudȱ chachamȱ andȱ yireiȱ shamayimȱ toȱ beȱ theȱ regularȱ overseerȱ ofȱ theȱ eruv;ȱ theȱ rentingȱofȱtheȱareaȱfromȱtheȱauthorities;ȱandȱtheȱhanachasȱhapas,ȱIȱwouldȱ likeȱ toȱ publiclyȱ announceȱ thatȱ theȱ Flatbushȱ eruvȱ isȱ kosherȱ forȱ allȱ withoutȱ question.ȱȱIȱ happilyȱ joinȱ theȱ leadersȱ ofȱ theȱ cityȱ toȱ praiseȱ andȱ assistȱthemȱinȱtheirȱhalachicȱobligationȱofȱconstructingȱanȱeruv.ȱȱBasedȱonȱ theȱGemaraȱEruvinȱ(68a),ȱtheȱsagesȱofȱallȱgenerationsȱestablishedȱthatȱonlyȱ throughȱ aȱ cityȱ eruvȱ willȱ theȱ publicȱ ceaseȱ theȱ desecrationȱ ofȱ carryingȱ onȱ Shabbosȱ(ChasamȱSofer,ȱO.C.ȱ99).ȱȱInȱaddition,ȱtheȱeruvȱaffordsȱtheȱopportunityȱ toȱ fulfillȱ theȱ mitzvahȱ ofȱ onegȱ Shabbosȱ becauseȱ theȱ publicȱ isȱ nowȱ ableȱ toȱ ȱ ȱ APPROBATIONȱ THEȱCOMMUNITYȱERUVȱ/ȱ5ȱ ȱ ȱ ȱ strollȱ onȱ Shabbosȱ andȱ bringȱ neededȱ itemsȱ throughȱ theȱ useȱ ofȱ theȱ eruvȱ (Perishah,ȱ395).ȱȱȱ ȱ Toȱthoseȱwhoȱhaveȱerectedȱthisȱpreciousȱeruv,ȱIȱsayȱbeȱstrongȱandȱdoȱnotȱ beȱfrightened.ȱȱWeȱhaveȱonȱourȱsideȱtheȱliteralȱmeaningȱofȱtheȱShulchanȱ Aruchȱandȱmostȱposkim.ȱȱIfȱsomeȱdecideȱtoȱchallengeȱtheȱeruv,ȱifȱtheyȱargueȱ aboutȱ theȱ fundamentalȱ kashrusȱ ofȱ theȱ eruvȱ basedȱ onȱ acceptedȱ halachah,ȱ considerȱ theirȱ arguments.ȱȱButȱ ifȱ theyȱ comeȱ withȱ new,ȱ nonȬhalachic,ȱ objectionsȱ thatȱ wereȱ notȱ raisedȱ byȱ previousȱ poskimȱ basedȱ onȱ whatȱ theyȱ perceiveȱareȱdetrimentalȱconsequencesȱofȱmakingȱanȱeruv,ȱdoȱnotȱlistenȱtoȱ them.ȱȱTheȱsalvationȱofȱtensȱofȱthousandsȱofȱJewsȱfromȱtheȱprohibitionȱofȱ carryingȱ everyȱ Shabbosȱ outweighsȱ anythingȱ thatȱ mayȱ causeȱ themȱ concern.ȱȱInȱ general,ȱ peopleȱ cannotȱ suddenlyȱ riseȱ upȱ andȱ challengeȱ theȱ greatȱ mitzvahȱ ofȱ eruvȱ forȱ whichȱ ourȱ forefathersȱ andȱ Rabbisȱ riskedȱ theirȱ lives.ȱȱWeȱseeȱthisȱfromȱtheȱflamingȱwordsȱspokenȱbyȱtheȱRoshȱ (kellalȱ 21:8)ȱ againstȱaȱlearnedȱpersonȱwhoȱopposedȱmakingȱanȱeruvȱinȱcities.ȱȱWeȱfindȱ similarȱreactionsȱfromȱtheȱTashbetzȱ(2:37)ȱandȱtheȱChasamȱSoferȱ(O.C.ȱ99).ȱ ȱ “Forȱ theȱ sakeȱ ofȱ myȱbrothersȱandȱcompanionsȱIȱwillȱsay:ȱPeaceȱbeȱwithȱ you.”ȱȱMayȱHashemȱgrantȱallȱtheȱrespectedȱresidentsȱandȱleadersȱofȱtheȱ area,ȱalongȱwithȱthoseȱresponsibleȱforȱestablishingȱandȱbuildingȱtheȱeruv,ȱ theȱ meritȱ toȱ increaseȱ peaceȱ inȱ theȱ world.ȱȱAsȱ Chazalȱ says,ȱ ”Doȱ notȱ pronounceȱ[theȱwordȱas]ȱbanayichȱ[children],ȱbutȱ[pronounceȱit]ȱbonayichȱ [builders].”ȱȱ“Letȱ thereȱ beȱ peaceȱ withinȱ yourȱ ramparts,ȱ serenityȱ withinȱ yourȱ palaces.”ȱȱAsȱ itȱ isȱ statedȱ inȱ theȱ Yerushalmiȱ (Eruvin,ȱ 3:2),ȱ theȱ establishmentȱofȱeruvinȱincreasesȱpeaceȱinȱtheȱworldȱ²"£¥.ȱȱ ȱ ȱ ȱ ȱ OtherȱapprobationsȱareȱinȱtheȱHebrewȱsection.ȱȱSeeȱalsoȱAppendixȱ12ȱ (pageȱ 83)ȱ forȱ aȱ listȱ ofȱ moreȱ thanȱ 100ȱ rabbanimȱ whoȱ maintainedȱ thatȱ Brooklynȱisȱnotȱaȱreshusȱharabbimȱandȱconsequentlyȱanȱeruvȱcouldȱbeȱ erected.ȱ ȱ 6ȱ/ȱTHEȱCOMMUNITYȱERUVȱ MAPȱOFȱTHEȱERUVȱ ȱ ȱ ȱ ȱ ȱ ȱ INTRODUCTIONȱ THEȱCOMMUNITYȱERUVȱ/ȱ7ȱ ȱ ȱ ȱ ȱ ȱ Introductionȱ INTRODUCTIONȱ ȱ Sinceȱ theȱ timesȱ ofȱ Shlomoȱ HaMelech,ȱ citiesȱ wereȱ fortifiedȱ withȱ wallsȱ thatȱqualifiedȱasȱeruvin.ȱȱAlthoughȱtheseȱwallsȱatȱtimesȱhadȱbreaches,ȱtheȱ breaksȱwereȱsmallȱandȱrectifiable.ȱȱRelyingȱonȱcityȱwallsȱforȱtheȱpurposeȱ
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