The Sefer – Page
60 (continued):
Private roads and roads less than sixteen amos wide
Occasionally, in housing complexes there are private
roads that are only open to members of that particular complex and their
guests. Such roads are similar to the muvaos in the time of Chazal and may be
enclosed with an eruv according to all opinions. Similarly, alleyways within the public street
system usually serve only local traffic, and they may be enclosed with an eruv
according to all opinions. There may be rare instances where a mavoi too can
become a reshus harabim if the public traffic uses the mavoi as a shortcut. A
city street that is less than sixteen amos wide is not a reshus harabim
according to all opinions.
Rebuttal: This is obvious and
does not require commentary.
The Sefer – Page
60 (continued):
There is a question, however, whether the space where the
cars park in the street can count towards the required sixteen amos.(55)
Footnote 55:
כך שמענו ממו״ר הגר״ד צוקער שליט״א ומהגר״ש מילר שליט״א שמקום
שחונים שם ה cars אינם בכלל הט״ז אמה. אבל שמענו מהגר״י בלסקי ומתלמידים אחרים
שלדעת הגר״מ פיינשטיין זצ״ל הכל נעשה לצורך ההילוך של הרבים ונחשבים כחלק של
הרה״ר.
Rebuttal: I am impressed
that the authors would mention this machlokes, but I think that the
authors should have mentioned a more essential disagreement, if we include the occupants of a vehicle in the tally of the shishim
ribo.
Many
don’t realize that most poskim maintain that the occupants of a vehicle
are not tallied in the shishim ribo (Bais Ephraim, O.C.
26; Maharsham, 1:162; Yeshuos Malko, siman 26-27; Harei
B’samim, 5:73; Bais Av, 2:9:3; Mahari Stief, siman 68;
Satmar Rav, Kuntres Meoz U’Mekedem p. 27; Divrei Yatziv,
2:172:13; V’yaan Yoseph, 1:155:1; Kuntres Tikkun Eruvin Manhattan,
siman 12 p. 105; Kinyan Torah, 4:40:6, and Rabbi Eliezer Y.
Waldenberg zt”l, author of the Tzitz Eliezer, as cited in The
Contemporary Eruv, 2002 p. 54 note 119). The reason is either because a
vehicle itself is considered a reshus hayachid and therefore its
occupants are not incorporated in the count or because we only include
pedestrians (holchei regel) who traverse the street in the tally.
It is
important to note that the concept that only holchei regel creates a reshus
harabbim is already mentioned in the Rishonim (Or Zarua, Hilchos
Erev Shabbos siman 4, and Rabbeinu Avraham ben HaRambam in Birchas
Avraham, siman 15).
However, I must say that I
am pleased to hear that Rav Zucker shlita and Rav Miller shlita
maintain that the space that parked cars occupy is not included in the width of
the criterion of sixteen amos. I would add that Rav Yaakov Blau zt”l
mentions this argument as well (Nesivos Shabbos, Perek 3 note 2).
Regarding Rav Moshe, if the authors would have learnt through Rav Moshe’s teshuvos,
they would have realized that there is no need to quote what others have to say
in his name. Rav Moshe wrote himself in Igros Moshe, O.C. 5:28:8
that cars do not minimize the criterion of sixteen amos.
The Sefer – Page 60 (continued):
Application: One would like to make an eruv using tzuros
hapesach on the side street in front of his house. If the street is less than
sixteen amos wide, such an eruv may be possible; as above, it is questionable
if the parking spots are measured as part of the sixteen amos needed to create
reshus harabim. If the streets are wider than sixteen amos, than a ba’al nefesh
should avoid using such an eruv.
Rebuttal: No,
a Baal Nefesh can rely on our eruvin, either because we uphold the
criterion of mefulash u’mecahvanim or the criterion of shishim ribo
l’chatchilah. Moreover, once a tzuras hapesach is established,
the issue of delasos is only d’rabbanan, and then there is no
doubt that we can rely on the criterion of shishim ribo to remove this
proscription. Moreover, many cities can rely on mechitzos, in which case
the encompassed area is classified as a reshus hayachid.
The Sefer – Page
60 (continued):
However,
there is basis to be lenient, even if the city has a population of 600,000.
Rebuttal: It
is not a leniency to rely on the criterion of shishim ribo; it is halachah
p’suka. Furthermore, the overwhelming majority of poskim maintain
that the criterion is not conditional of the population of the city, but only of
600,000 people actually traversing the street.
The Sefer – Page
60 (continued):
If however, the density of the city is such that
3,000,000 are present in an area twelve mil by twelve mil, Hagaon Rav Moshe
considers every street a reshus harabim, and an eruv should not be made. In
general an eruv should never be attempted on a street or sidewalk without the
guidance of an expert in the topic of eruvin.
Rebuttal: In most cities there is no 8.1 by 8.1 mile area encompassing a population even close to three million; no doubt, Rav Moshe would allow an eruv anywhere in these cities. Moreover, Rav Moshe would allow most city eruvin if they are making use of mechitzos (see Section One, 3:2).
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