3:1 - According to Rav Moshe Feinstein zt”l – The criterion of shishim ribo
While,
according to Rav Moshe zt”l, we would not be able to rely on the
criterion of mefulash u’mechavanim, there is no doubt that he would
allow that we can rely on the fundament of shishim ribo.
Like
most poskim, Rav Moshe originally maintained (Igros Moshe, O.C.
1:109) that the criterion of shishim ribo was dependent on the street
having shishim ribo traversing it. However, later (ibid., 1:139:5) he
formulated his chiddush in which shishim ribo, when applied to a
city, was not dependent on a street but over a twelve mil by twelve mil
area [approximately 8.1 by 8.1 square miles]. Rav Moshe added that the
criterion of shishim ribo ovrim bo would require a sizable population
living and commuting into the twelve mil by twelve mil area so
that it could physically satisfy the condition of 600,000 people collectively
traversing its streets. When these criteria are met, the area would be
classified as a reshus harabbim and a tzuras hapesach would not
be adequate; delasos at the pirtzos would be needed. However, at
this time, Rav Moshe did not quantify how many people would be required to live
in this twelve mil by twelve mil area.
In the first teshuvah quantifying how many people
would be required to live in this twelve mil by twelve mil area,
Rav Moshe stated (ibid., 4:87) that since, historically, eruvin had been
erected in cities with populations exceeding shishim ribo, one could not
classify a city as a reshus harabbim solely on the basis of the
existence of a population of 600,000. He then added that, although the actual
number of inhabitants could possibly vary according to the city, in Brooklyn,
it would most likely require four to five times shishim ribo. In the
final two teshuvos which followed regarding Brooklyn, we see that Rav Moshe
codified his chiddush that the requirement is, "just about three
million people," (ibid., 5:28:5) or, "at least five times shishim
ribo," (ibid., 5:29) which could amount to even more than three
million people. Consequently, in the Chicago eruv pamphlet (West
Rogers Park Eruv, 1993 p. 23), it is stated that Rav Dovid Feinstein shlita
was in agreement that according to his father's shitah there must be a
minimum of three million people in order for the city to be defined as a
reshus harabbim.
It’s important to note that Rav Moshe maintained the above
regarding shsihim ribo only as it applied to a city. However, with
regard to a sratya [intercity road], Rav Moshe stated (Igros Moshe,
O.C. 1:139:5, 4:87, 5:28:16) that the shishim ribo would need to traverse
a particular section of the road on a daily basis to be classified as a reshus
harabbim.
In most cities, since 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 consisting of tzuras hapesachim anywhere in
these cities.
3:2 - According to Rav Moshe Feinstein zt”l – Mechitzos
Rav
Moshe states regarding Manhattan (ibid., 1:139, and referenced in 5:28:5), that
the bridges leading from the city ― which were open along their sides and hence
not enclosed by three mechitzos ― would possibly, according to his
opinion, need to be rectified with delasos. Nevertheless, Rav Moshe
states clearly (ibid., the end of anaf gimmel) that if the tzuras
hapesach is erected in a reshus hayachid [in Manhattan proper which
is encompassed by more than three mechitzos, as opposed to the bridges
which are not], it is sufficient, and delasos would not be required.[32]
Many cities can establish their tzuras hapesachim in
an area that is encompassed by three mechitzos [such as mechitzos
habatim[33]], a
reshus hayachid, and delasos would not be required according to Rav
Moshe and the overwhelming majority of poskim.
[32] Regarding Manhattan,
Rav Moshe stated that, based on additional shitos yechidaos (shitas
HaRashbah regarding platyas and Rabeinu Ephraim), even with mechitzos
and delasos at the pirtzos, Manhattan would not have been
classified as a reshus hayachid (Igros Moshe, O.C. 1:39:5-6).
However,
Rav Moshe only utilized these shitos in conjunction with his chiddush
regarding delasos [on the bridges] to nullify the benefit the mechitzos
encompassing Manhattan would have provided (ibid., 1:39:6). Therefore, since
Rav Moshe concurred that delasos are not necessary when a tzuras
hapesach is established in a reshus hayachid, there is no question
that Rav Moshe would have allowed eruvin in these situations, and would
not have been concerned about these other shitos yechidaos [even more
so, we do not have be concerned with shitas HaRashbah, since we usually
do not have any platyas today; see note 13].
[33] However, Rav Moshe did not agree to the chiddush of the
Chazon Ish ― that the omed creates a mechitzah (as
understood by most people, however see Section Four), and would usually
classify the entire city as a reshus hayachid, even if only one street
was enclosed by three mechitzos ― which
few city eruvin would need to rely on, since they can make use of three mechitzos
habatim for every street.
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