8
The Kuntres: The Outstanding Quality of Small Local Eiruvin
The problems of a large eiruv are specific to a large-scale
undertaking. It should be noted that in almost all cases a small local eiruv in
Lakewood can be constructed in a manner that is halachically tenable according
to all opinions, and virtually problem free.
Rebuttal: I reiterate, the community wide eruv
is not considered a large city eruv, and if, “a small local eiruv in
Lakewood can be constructed in a manner that is halachically tenable according
to all opinions, and virtually problem free,” then a community wide eruv
can be virtually problem free, as well.
The Kuntres: {Footnote 5 - Even a small eiruv that includes “thoroughfare
streets" has the same issue as a large eiruv that includes such streets.
However small local eiruvin can often be constructed in a manner that avoids thoroughfare streets. [A
Rav should be contacted
to verify the status of a given street].}
Rebuttal: Now the Baal Hakuntres is modeh
al haemes, that small and large eruvin in Lakewood can share the
same properties. As mentioned
above, even if we would accept that some roads in Lakewood are classified as sratyas,
the overwhelming majority of poskim would require that they would need
to fulfill the criterion of shishim ribo to be classified as a reshus
harabbim.
The Kuntres: These eiruvin afford us with a commendable extra measure of
oneg Shabbos, without lowering anyone's standards.
Rebuttal: How much more so would a community wide
eruv afford us an extra measure of oneg Shabbos without lowering
anyone's standards?
The Kuntres: {Footnote 6 - It is important to point out, that any
eiruv large or small cannot be relied upon, unless it was constructed and is
maintained under the guidance of a Rav Hamachshir, who is properly versed in
the halochos of eiruvin and their practical application.}
Rebuttal: Correct. This is required for all hechsherim.
However, it would be much easier to have one eruv under the guidance
of one Rav Hamachshir.
The Kuntres: The
Problem of Inadvertently Carrying Past The Eiruv Boundaries of a Small Eiruv
As mentioned earlier, an argument has been put forth, that
chilul Shabbos can easily occur when people inadvertently walk past the
boundaries of their neighborhood eiruv.
This problem, is caused by the fact that people are supposed
to find out about the boundaries of the eiruv from an "eiruv map",
that is placed in shul, or given out to all families that live within the
eiruv. This is highly inadequate because many people are not proficient at
"reading" and memorizing maps. An effective way to familiarize people with the eiruv, is by
having every head of household show his family where the tzuros hapesach of the
eiruv are, and educate them minimally as to how the eiruv works. This
"eiruv awareness" can be accomplished on one Shabbos walk and will
certainly greatly reduce inadvertent" carrying" outside of the eiruv.
Based on all of the above, it seems clear, that there are
tremendous halachic advantages to smaller eiruvin that avoid the abovementioned
issues over larger eiruvin.
Rebuttal: A much simpler idea would be to
establish a larger eruv, in which case there would be no danger that
people would carry out of the boundaries. Furthermore, it would negate the
issue of people, after having left the boundaries of their local eruv,
realizing that they overlooked something in their pockets. Therefore, there
are clear benefits and no downsides to a community wide eruv.
The Kuntres: As far as the possibility of maintaining both one large
eiruv and many small ones, if families contribute to the maintenance of a large
eiruv, they will often not contribute toward the construction of a local eiruv
as well.
Rebuttal: No harm will be done if the small eruvin
are discontinued. In any case, those who believe that a small eruv is
more scrupulous would no doubt find a way to finance them.
The Kuntres: In summation: A) We mustn't lose sight of the fact that an
act of ho'tza'ah is a full-fledged act of chilul Shabbos; a very severe issur.
As mentioned earlier, carrying in a street that is not enclosed with a valid
eiruv is an act that can very easily be ho'tza'ah de'oraysa.
Rebuttal: And regarding this issue, we gain
nothing from a small eruv and only gain with a larger one. Moreover,
according to the majority of poskim, once a tzuras hapesach is
erected the matter is only d’rabbanan.
The Kuntres: B) There is certainly room to argue, that one may construct
and carry in large eiruvin even today, based on the minhag. However, as we have
demonstrated, there is clearly very good reason, based on sound halachic
grounds, to avoid constructing and using them today, whenever possible.
Rebuttal: This Kuntres demonstrates that
the author is grasping at straws. The same halachic grounds that allow the
neighborhood eruvin would allow the community wide eruv. They are
both small by large city eruv standards.
The Kuntres: C) In Lakewood today, it is generally possible to construct small
local eiruvin that will allow us to enjoy the outdoors on Shabbos in a
halachically "mehudar" fashion, without having to compromise our
standards in any way.
Rebuttal: The larger eruv would allow even
greater oneg Shabbos without any compromise since there is no halachic
differences between the large and small eruvin.
The Kuntres: D) When weighing the halachic advantages of smaller eiruvin
over larger ones, it seems difficult to argue, that the halachic benefits of
the larger eiruvin versus smaller ones, outweigh the severe halachic
limitations that are inherent to the larger eiruvin.
Rebuttal: There is no halachic advantage of
smaller eruvin over larger ones in Lakewood; even the larger eruv
is small by large city eruv standards.
There are clear benefits to a larger eruv as outlined in Section
One, 1.
The Kuntres: E) The clear directive of, the Shulchn.n Aruch Harav,
Cluzyai Adam, Kitzur Shulchan Aruch, and Mishna Brura is that "a G-d
fearing person should be stringent in this matter" [to consider a street a
reshus horrabim even if it does not service 600,000 people]. As mentioned
earlier, this directive was given even in Europe when this presented great
difficulty. We can fairly assume, that the abovementioned Poskim would strongly
encourage this attitude as much as possible, in our situation in Lakewood
today. May we be זוכהto
be מקיים the mitzva of
שבת
properly,
and thereby be זוכהto be mekabel .פני
משיח צדקינו במהרה בימינו אמן
Rebuttal: I reiterate, the Shulchan Aruch
Harav did not write these words, and these poskim would probably
admit that since we now know that the overwhelming majority of Rishonim
uphold the criterion of shishim ribo there is no doubt that we can rely
on this fundament l’chatchilah. Moreover, these poskim would
allow that we can rely on the criterion of mefulash u’mechavanim
l’chatchilah. In any case, besides for establishing eruvin due to
great difficulties, there are additional rationales (as I have mentioned in
Section One, 1), and there are no halachic grounds to object to a community
wide eruv.
The Navi states v’karasa L’Shabbos oneg, and as the Perishah
posits, the ability to utilize eruvin is a matter of oneg Shabbos. May we be zocheh to fulfill the mitzva
of oneg Shabbos properly.