Where can the Eiruv Chatzeiros be kept?

 

Questions: 

A few questions regarding the Eiruv:

A) The Eiruv must be placed in a “house” that is 4×4 Amos. Does that mean it can’t be kept inside a small closet (in the wall) with a door? What about inside a cabinet on the wall? Or on top of a bookshelf?

B) If the family with the Eiruv goes away for Shabbos, does the key to their apartment need to be somewhere accessible in the building itself, or enough if the key is within walking distance? In the latter case, does it need to be on a Shabbos belt so they could theoretically take it to the building?

C) Is there a problem nowadays to move the Eiruv around from one apartment to another if the reason of darchei shalom doesn’t seem to apply in our arrangement that the family who makes it actually buys the matzah for everyone and doesn’t benefit? I understand that if a stipulation was made originally, it can be moved later. Who needs to make the stipulation (the one placing the Eiruv, or all the residents)?

D) I want to confirm that if I rented from the superintendent “his right in the common property” – does this permit transferring even from a Jew’s private apartment into the common hallway and vice versa, or just within the common hallway itself?

E) If the landlord of the apartment is Jewish, and the fridges/ovens in each apartment are owned by his corporation, is there a better method of sechirus from the goyim through the landlord’s corporation that would be advantageous over renting from the superintendent?

 

Answers:

A) On a bookshelf is fine. In a closed cabinet is questionable.

B) The key must be accessible to one of the other participants in the Eiruv. Normally this would mean leaving it in one of their apartments. If one leaves it attached to a Shabbos Bendel within walking distance, one of the participants would need to have the Shabbos key to this other location as well.

C) It is still Assur. The Makor of the Issur is a Mishna (and Gemara) in Gitin and cannot be dismissed so easily. Specifically, I’m not sure what you mean when you say that the Darkei Shalom doesn’t apply. In the Rishonim, there are three different explanations of this Darkei Shalom (Rashi, R”T, Rambam [פיה”מ]. The Alter Rebbe says that Rashi’s explanation is “dachuk k’tzas”). Which doesn’t apply? the stipulation is done by the one that placed it.

D) Yes, You may carry from apartment to hallway as well. (the schirus reshus is only to be mesalek the goyim from your chatzer; once they’re gone, you are making an eiruv which is combining all the Jewish apartments and allowing you to carry.)

E) First of all, it is not necessary to look for a “better” method than schirus reshus which is the method prescribed by Chazal (עירובין ס”ב). Specifically, regarding a Jewish owner, there are other issues involved depending on whether the owner is frum. (If he is frum, it may not be necessary in certain cases to make an eiruv at all (or at least no Brocha). And if he is not frum, there are some opinions (a minority,) that renting from the superintendent does not help. But in this matter, there are many details, and in general, it is fine to rent from the superintendent.)

 

Followup Question:

Regarding (C) – switching the eruv from one apartment to another:

I understand that if a stipulation was made originally, it can be moved later. Who needs to make the stipulation (the one placing the eruv, or all the residents)?

In our case, the one who had been doing it for many years passed away shortly before Pesach last year, and his widow (who lives alone) wanted to make sure it gets done, so she asked me to do it last year. I believe I only intended to take care of it short-term and didn’t intend to do it every year, but I don’t think that I made a formal verbal stipulation. Would that be sufficient?

Additionally, we plan to go away for Pesach and close up our entire apartment for Pesach. If so, where should the eruv be placed? (And if we are allowed to put it in a different apartment for Pesach, how do we ensure that it doesn’t need to stay in that apartment indefinitely?)

 

Answer:

The stipulation needs to be made by the one that placed the eiruv.

It was never established to be done by you, as it was only one year.

The eiruv should be placed in an apartment that will be accessible as discussed in point A, afterwards it can be switched.

 

Sources:

א. בביאור הלכה סי’ שס”ו סעי’ ג’, שו”ת מהרש”ם ח”ג סי’ רס”ג.

ב. סי’ שצ”ד.

ג. גיטין נ”ט וס’ ושו”ע סי’ שס”ו.

ד. סי’ שפ”ב.

ה. ראה שו”ע סי’ ש”ע ושע”א וסי’ שפ”ב ובברכ”י שם ובחמד משה סי’ שפ”ד [דעת החמד משה הוא מכח קושיית הט”ז בסי’ שפ”ד אבל אדה”ז יישב באופן אחר שם] ובחיי אדם כלל ע”ה ס”ט ובמהר”ם בריסק ח”א סי’ קי”ט ודברי מלכיאל ח”ג סי’ י”ח ובזקן אהרון ח”א סי’ כ”ו ובתשורת ש”י ח”א סי’ שכ”א שו”ת מהרש”ם חלק ה’ סי’ ל”ו ובשו”ת מהר”ש (ענגיל) ח”ג סי’ ק”ט שו”ת חשב האפוד ח”א סי’ ק”ה ועוד ועוד.

המשך השאלה: ראה לשון כנה”ג שם סימן שס”ו סעיף ג סקט”ו “התנה הנותן”. לשון אדה”ז שם סעיף ז “אם רגילין ליתן תמיד”.

 

 

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