Eruv Chatzeirot in a Hospital and Other Non-Domestic Areas

ERUV CHATZEIROT IN A HOSPITAL AND OTHER NON-DOMESTIC AREAS Rabbi Haim Jachter | Eruvin Daf 72 A gentleman who is particularly scrupulous "storing" his property with the tenants, so regarding Halachah asked if he could carry no eruv chatzeirot is required. within White Plains, NY hospital despite the fact that an eruv chatzeirot had not been This ruling most certainly applies to a made for this specific location. The White hospital, since the hospital stores a lot of Plains Orthodox community does maintain equipment in each of the patients’ rooms. an eruv chatzeirot for its community eruv. Although Teshuvot Devar Avraham (3:30) Even though the hospital is included within and Rav Yosef Dov Soloveitchik (cited in the eruv, the individual in question wished Nefesh Harav, p. 170) disagree and rule that to heed the Mishnah Berurah’s call to the rule of tefisat yad ba’al habayit does scrupulous individuals (ba’alei nefesh) to not apply if the owner places the avoid the use of community eruvin. If he equipment for the need of the visitor living does not rely on the community eruv, one in that space, we nonetheless may rely on could argue that he does not have access to Rav Moshe’s ruling as a senif, a component the community eruv chatzeirot, and thus he of a lenient ruling. This is especially true in may not rely upon the latter to carry within the case of great need. Such need is readily the hospital. In this chapter, we will explain apparent in the hospital setting, as why it is acceptable even for halachically observant patients and their families often scrupulous individuals to rely on a retrieve Shabbat food and other needs from surrounding community’s eruv chatzeirot to the hospital kosher room, designed to meet carry within areas such as the White Plains the special needs of Jewish patients. hospital despite their reluctance to rely upon community eruvin. In the process, we hope to shed more light on the concept of Lenient Consideration #2 - Matzi eruv chatzeirot. L’Salukinhu Tosafot (Eruvin 72a s.v. umodin) rule that a Lenient Consideration #1 - Tefisat Yad teacher or scribe that one hosts in his house Ba’al HaBayit does not create a need for an eruv chatzeirot even if the portion of the house The first consideration is based on the in which he lives has a separate entrance. Halachah that the requirement of an eruv Tosafot present three reasons for this chatzeirot does not apply if the landlord ruling. First, they explain that one does not stores property in all of the residences provide the space with the intent that the (tefisat yad ba’al habayit; Shulchan Aruch, guest prohibits him to carry within the O.C. 370:2,4). As aforementioned, Rav home. Second, since the guest relies on the Moshe Feinstein (Teshuvot Igrot Moshe, home for his needs such as cooking and O.C. 1:141) rules that a landlord who rents baking, he is not considered as a separate out items (such as stoves or refrigerators) entity but rather a member of the with every apartment is considering to be household. Finally, the owner is able to 1 OU Chag at Home 5781 remove the guest from his home at will at Rav Zvi Sobolofsky raises another reason to any time (matzi l’salukinhu). be lenient regarding an eruv chatzeirot in a hospital. He cites the Gemara (Yoma 10b) The Shulchan Aruch (O.C. 370:3) rules in which presents R. Yehudah’s opinion that accordance with Tosafot. The Biur “dirah ba’al korcha lo shemei dirah,” if one Halachah (ad. loc. s.v. einam oserim) rules resides in a place against one’s will it is not that the Halachah applies even if just the considered a residence. Thus, since one last reason of matzi l’salukinhu applies. could argue that one is hospitalized against Accordingly, Rav Moshe Heinemann rules his will (as he would much rather not be that a hospital does not require an eruv hospitalized), then his residence does not chatzeirot since the patients may be moved generate an obligation of an eruv at the hospital’s discretion. chatzeirot. Although this argument is highly debatable (see note 2) one could add it as However, the Chazon Ish (O.C. 90:32) the long list of senifim l’hakeil, components strongly rejects the Biur Halachah and rules of a lenient ruling. that an eruv chatzeirot is required unless all three of Tosafot’s reasons apply. Rav Shlomo Zalman Auerbach (Teshuvot Minchat Shlomo, 2:35:24) is concerned for Lenient Consideration #5 – the Local the opinion of the Chazon Ish, regarding the Community Eruv specific question of requiring an eruv Rav Shlomo Zalman Auerbach combines chatzeirot in the hospital. many of the above arguments to not require an eruv chatzeirot in a hospital that is encompassed by a community eruv. He Lenient Consideration #3 - Host Providing rules that one may combine the many Food lenient factors in addition to the fact that a community eruv is accepted even by the Rav Shlomo Zalman presents another Mishnah Berurah as acceptable as baseline reason to be lenient based on Eruvin 72b- Halachah. Rav Heinemann, though, permits 73a and Shulchan Aruch O.C. 370:5. The carrying within a hospital without an eruv Gemara and Shulchan Aruch teach that if chatzeirot even within a hospital that is not the owner provides food for all the encompassed with a community eruv. Rav residents of the courtyard, an eruv Natan Gestetner (Teshuvot L’horot Natan chatzeirot is not needed. This reason alone, 5:29:9) rules that one may carry in a though, does not suffice to permit carrying hospital without an eruv chatzeirot even in without an eruv chatzeirot since this a community without an Eruv, especially in Halachah might apply only if the owner lives case of patient need. in the courtyard (see Bi’ur Halachah ad. loc. s.v. v’hani mili), a condition which does not Based on the five lenient considerations we apply to a hospital. set forth, this author ruled (following Rav Shlomo Zalman’s ruling) that one may carry Lenient Consideration #4 - A Residence Not within the White Plains hospital even for of One’s Choice those who strictly adhere to higher halachic standards. This is especially so in regards to 2 OU Chag at Home 5781 eruv chatzeirot regarding which the Gemara If Rav Soloveitchik’s view is followed in a (Eruvin 46a) specifically teaches “halachah secular university campus, a sechirat reshut k’divrei hameikel b’eruv,” the Halacha would be required in addition to an eruv follows the lenient opinion in regards to chatzeirot, unless all of the residents of a disputes in the area of eruv chatzeirot. particular dormitory are observant and primarily eat from one food source. Other Areas – Students in a Dormitory Hotels If the students all eat together in one cafeteria, an eruv chatzeirot is clearly not If all the hotel guests are observant and are necessary. However, if they do not, then primarily eating from one food source then Rav Schachter believes (as stated in a an eruv chatzeirot and sechirat reshut are lecture at Yeshiva University) that unquestionably unnecessary. If this is not nonetheless an eruv chatzeirot is not the case, the question depends if one relies necessary. He combines Rav Moshe’s on Rav Moshe’s furniture ruling. Rav Zvi leniency regarding the Yeshiva’s property in Sobolofsky adds that one might also each dormitory room with the fact that the consider the fact that the hotel Yeshiva can change the students’ room at management can (at least in theory) move will. the guests to another room. However, Rav Schachter quotes Rav Yosef In practice it is best in such cases to make Dov Soloveitchik, who ruled that an eruv an Eruv Chatzeirot and Sechirat Reshut in chatzeirot was necessary in the Yeshiva such circumstances. University dorm. Rav Soloveitchik did not, as noted above, subscribe to Rav Moshe’s leniency. Moreover, Tosafot’s leniency Camping Grounds regarding matzi l’salukinhu is stated regarding being able to completely remove An eruv chatzeirot is unnecessary if the the resident. However, in the case of the observant guests primarily eat together dormitory, while the institution might be from one food source. If only one able to change the room in which the observant Jew or family is on the student is housed, they cannot (under campgrounds, then a sechirat reshut is not normal circumstances) remove the student necessary (as Chazal did not enact the entirely from the dormitory. One could requirement for a sechirat reshut in such argue, though, that the ability to move the circumstances; see Shulchan Aruch, O.C. student to a different building is most 382:1). Otherwise, visitors should conduct significant in the context of eruv a sechirat reshut with a park ranger before chatzeirot. Shabbat. 3 OU Chag at Home 5781 .

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