This past week, I attended the police station in South Melbourne to perform the Kinyan Sechirus required to make the Melbourne Eiruv. This was last done 18 years ago and had to be renewed. In this article we will explore the need for this Kinyan and why the police are involved.
Min Hatorah, it is permissible to carry from one Reshus Hayachid to another. However, the Chachamim forbade carrying from one private domain to another if they are owned by different people. This Gezeira was instituted to prevent people from coming to carry from a private domain to a public domain which would be a Biblical violation.
However, where there is an Eiruv, the Rabbis allow one to carry from one private domain to another.
The word Eiruv means to mix together. The Eiruv works as a mechanism to merge the ownership of multiple private domains into one shared area.
This is achieved by collecting bread from each of the residents within the Eiruv boundaries and keeping it in one vessel in of the houses. It is then considered as though they are all residents in that house. Alternatively, one person can take bread and can be Mezakeh on behalf of all of the residents.
It is customary nowadays for the Eiruv to be kept in a Shule. It is also customary to use Matzah which remains edible for a long time. If one were to use bread, once it was no longer edible, the Eiruv would no longer be valid.
Obviously to permit carrying, the area covered by the Eiruv needs to be surrounded by Halachically valid walls to be considered as a Reshus Hayachid. Technically the term Eiruv refers to the merging of the domains through the sharing of food. Colloquially, it is used to refer to the surrounding walls.
Non-Jewish residents
The Eiruv works for all Jewish residents who believe in the laws of Eiruv. Technically, we should disregard the ownership of non-Jews within the courtyard and their ownership of property within the courtyard should not affect the Eiruv at all. However, the Rabbis instituted that an Eiruv does not work when non-Jews live within the courtyard.
The reason for this is because the sages wanted to discourage Jews from living in non-Jewish areas by making it more difficult to make an Eiruv and be allowed to carry on Shabbos.
If a Jew did not join in the Eiruv, they are able to be Mevatel their property to the other members of the courtyard on Shabbos and the Eiruv will still take effect. However, Bittul does not work for a non-Jew. The only way to create an Eiruv where non-Jews are present is by renting their properties – שכירת רשות.
The Sechiras Reshus does not need to be a fully-fledged rental. It is sufficient to make a weaker form of Sechirus. Therefore, one does not need to rent from the owner of the house themselves. It is sufficient to rent from a family member or even an employee who resides with the owner. This works even if the owner protests.
Similarly, one need not rent the entire dwelling. It is sufficient to rent or borrow the right to use space within the non-Jew’s house.
Technically no document is required for the Sechirus and the Sechirus from a non-Jew can be done with less than a Shaveh Peruta. One does not need to specify that it is for the purposes of being able to carry on Shabbos.
Renting from the king
This arrangement is fine where there are only a few non-Jewish homes, or where one is making an Eiruv in a courtyard. But what about an Eiruv in a city where there are many non-Jewish residents and it would be difficult to rent from each one individually?
Since we only need to rent the right to use an area within the house, one is able to perform the rental from the king or a minister if they have the rights to use the houses within the city without requiring the consent of the owners - for example, they can leave weapons in the houses at a time of war or place their soldiers to lodge in the homes.
If the ministers or the king does not have this right, one may not rent the use of the non-Jewish homes from them.
Based on this Halacha, in modern-day Eiruvin, it is customary rent from police department. This is because they have the right (in certain circumstances such as hot pursuit) to enter any house without the permission of the owners or a warrant. Others perform the rental from the fire department who can also enter houses and if needs be, evacuate the owners.
In some cities, the rental is performed with the mayor or government which controls the fire and police department. In place where each municipality has its own authority, a separate Kinyan needs to be made if the Eiruv extends into both municipalities.
In a hotel (for those Poskim who require and Eiruv to be made), one can perform the Sechiras Reshus for the rooms of the non-Jewish guests, by renting their usage from the manager of the hotel, who has the ability to access the rooms when required and can also move guests from one room to another.
How long does the Sechirus last?
If the rental was done without specifying any time-duration, it is considered to be in effect until the non-Jew recants. If the rental was for a fixed-duration or it was specified that the rental is forever, they cannot retract unless they return the money (proportional to the time left).
If the rental was done for a set time-duration, a new rental must be performed on its expiry and the Eiruv (with the collection of food) needs to be performed again.
If during the duration of the rental, the non-Jew rents their house to another non-Jew, a new Sechiras Reshus is not required. However, if the non-Jew dies or sells their home, a new Sechiras Reshus is required from the new owner or inheritor.
If one rented the Reshus from an employee (who lives with the owner) without specifying a time-period, once the employee ceases to work for the owner, the rental is terminated. If the rental was made for a set time-duration, even if the employee ceased to work within the time period, the rental remains in effect.
The same Halachos apply when renting from the treasurer or officer of the king, where the officer is terminated and no longer receives a salary from the treasury. This would be relevant where the Sechiras Reshus was made with the Police Commissioner and they subsequently retire.
What about a change in government? Stay tuned for next week’s edition
- Rambam Eiruvin 1:1, Shulchan Aruch Harav 366:1
- ibid
- Eiruvin 79b, Shulchan Aruch Harav 366:12
- Eiruvin 80a, Shulchan Aruch Harav 382:14
- Eiruvin 66a, Shulchan Aruch Harav 382:14
- Shulchan Aruch Harav 382:14
- Eiruvin 62a according to Tosfos. Shulchan Aruch Harav 382:6
- Eiruvin 62a. Shulchan Aruch Harav 382:7. This would not work when renting from a Jew
- Shulchan Aruch Harav 391:2
- Shulchan Aruch Harav 382:9
- Bach 382, Magen Avraham 382:6, Shulchan Aruch Harav ibid
- Elya Zuta 382:3
- Rashba Teshuvos Meyuchasos 207
- Rashba Teshuvos Meyuchasos 208
- Rashba Teshuvos Meyuchasos 207
- Ta”z 382:10, Elya Rabbah 382:9, Shulchan Aruch Harav 382:11
- Rashba Teshuvos 5:6. Shulchan Aruch Harav 382:17
