Thursday, September 10, 2020

Part 10: REBUTTAL TO THE LAWS OF AN ERUV

In Summation:

1) Many city streets are encompassed by mechitzos habatim on three sides, that are omed merubeh al haparutz; alternatively, many cities can utilize existing structures as mechitzos, and notwithstanding the criteria of a reshus harabbim contained therein, the area is deemed a reshus hayachid me’d’Oraysa, and tzuras hapesachim can be utilized to rectify the breaches.

2) If mechitzos are not being utilized, many poskim maintain that me’d’Oraysa a tzuras hapesach would suffice to reclassify a reshus harabbim as a reshus hayachid. Accordingly, since the requirement of delasos is me’d’rabbanan, we can be lenient [safek d’rabbanan l’kulla] and apply any additional heter to remove the obligation of delasos.

3) Even if one would argue that it is not universally accepted that a tzuras hapesach would suffice to reclassify a reshus harabbim as a reshus hayachid, we can establish an eruv of tzuras hapesachim in most cities since we do not have a reshus harabbim/sratya and platya for the mavo’os hamefulashim/our streets to open into.

4) Even if one would argue that our streets do not need to open into a sratya/platya, we can rely on the fact that our streets do not meet two criteria of a reshus harabbimshishim ribo and mefulash u’mechavanim ― and therefore, an eruv consisting of tzuras hapesachim can be established.

5) Rav Moshe zt”l would allow most city eruvin, since they do not meet the criterion of shishim ribo, and the fact that most city streets are encompassed by mechitzos habatim on three sides; alternatively, many cities can utilize existing structures as mechitzos.

  

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PART 3: THE TRUTH REGARDING THE STAMFORD HILL ERUV

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