There is an Eruv Chatzeiros in my Crown Heights building. Does that Eruv extend to include the building’s roof?

 

Question:

There is an eruv chatzeiros in my Crown Heights building which is mostly filled with Yidden. Does that Eruv extend to include the building’s roof? Nobody lives on the roof, and officially the building disfavors that residents to go up there, and usually the roof is empty from anyone. However, it is very accessible and has a nice view and occasionally a resident or two will go up. Can one carry on this roof?

 

Answer:

1. An Eruv is required to carry from a privately-owned property to a commonly-owned property or vice-versa.

However, one may carry from one part of the commonly-owned property to another part of the same commonly-owned property even without an Eruv.

Therefore, it is not an issue to carry from the building’s hallways to the roof or vice-versa even without an Eruv, as long as the objects in question have remained in the commonly-owned property the entire Shabbos.

 

2. If an Eruv has been made between all the stakeholders who share the roof, one may even carry from a privately-owned property to the roof.

This is only so if the roof does not physically connect with the roofs of any other adjacent properties.

However, if it does connect, then you would require either a suitable partition to separate your roof from the others, or alternatively, an Eruv would need to be performed with the other buildings.

[You mentioned that there is an Eruv Chatzeros but not all the residents are Jewish. In order for the Eruv to be Kosher, the properties of the non-Jews must have been rented out by the Jews for the sake of making the Eruv Chatzeros. We hope that this has been the case, and are just flagging it.]

 

 

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