Monday, November 28, 2005

A Person who does not admit to the concept of Eruv — Eruvin 61b

A Person who does not admit to the concept of EruvEruvin 61b

תלמוד בבלי מסכת עירובין דף סא/ב

הדר עם העובד כוכבים בחצר או עם מי שאינו מודה בעירוב הרי זה אוסר עליו רבי אליעזר בן יעקב אומר לעולם אינו אוסר עד שיהו שני ישראלים אוסרין זה על זה

A person who dwells with a non-Jew in a courtyard or with someone who does not admit to the [concept of] eruv, that person forbids him [i.e. the first person from carrying]. R' Eliezer ben Yaakov says: He [i.e. the non-Jew or the person who does not admit to the eruv] does not forbid until two Jews forbid each other.

From The Contemporary Eruv:

We require eruvei chatzeiros in most cases in which an eruv includes two or more Shomer Shabbos (Shabbos observant) Jewish residents. Sechiras Reshus is necessary when the eruv includes residents who are not Shomrei Shabbos — either because they are not Jewish or because they are not observant. In sechiras reshus, the person who would like to carry in an enclosed area on Shabbos asks the residents or owners of the other dwellings in the area to rent to him the right to carry in the area in question. Since the acquisition of the right is symbolic in nature, the rent paid may be symbolic as well. The Chazon Ish, Orach Chaim 87:14 differentiates between informed Jews who are familiar with the Halachos of Shabbos, yet do not observe them, with whom sechiras reshus must be contracted, and “tinokos shenishbu” — Jews who do not observe Shabbos because they grew up in ignorance of its parameters, who should be included in an eruv chatzeiros. Although the Halacha of a Mechalel Shabbos is like that of a non-Jew in many aspects of Hilchos Eruvin, sechiras reshus may be required where a solitary Shomer Shabbos lives with one or more Mechalelei Shabbos. Prevailing practice, in such cases, is to implement both procedures.

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