Wednesday, January 05, 2022

Part 4: THE TRUTH REGARDING RT. 9 AND AN ERUV IN LAKEWOOD

How the criterion of shishim ribo is calculated

The text of the Shulchan Aruch reads:

“What is a reshus harabbim? Marketplaces that are sixteen amos wide … and there are those who say [vyeish oimrim] that if they [the marketplaces] do not have 600,000 people traversing it daily [shishim ribo (sixty myriads) ovrim bo b’chol yom], they are not a reshus harabbim.”

From a simple reading of the Shulchan Aruch, it is apparent that the criterion of shishim ribo is conditional of the marketplace/street.

It was the mesorah through the ages that the criterion of shishim ribo is dependent on a single marketplace/street. The Divrei Malkiel (4:3) stated, when writing to the people erecting an eruv in the city of Odessa, which had approximately shishim ribo, that, “the minhag is to erect eruvin even in the largest of cities, and it does not concern us that they contain shishim ribo since the shishim ribo is dispersed over all its streets.”[9] [See more about this issue when we discuss Rav Moshe Feinstein’s shitos in eruvin.]

Furthermore, since the Shulchan Aruch uses the term shishim ribo ovrim bo, it implies a thoroughfare in continuous use and not merely the presence of 600,000 people in the vicinity who would have the ability to utilize the street.

The Bais Yitzchak (Y.D. siman 136:3) responded to one who suggested that the criterion of shishim ribo is not conditional on people actually traversing the road, their mere presence in the area would be sufficient, “[that] this is in opposition to most poskim including Rashi and Tosfos.” The Maharsham argued (3:188), if the criterion of shishim ribo includes even those who occasional use the street, how do we apply limits on the amount of time needed to fulfill the criterion. Clearly this is not the way the criterion of shishim ribo is calculated.[10]

Additionally, it is apparent from the Gedolie Haposkim that shishim ribo would need to traverse each section of the road to fulfil this criterion. The Rishonim and Achronim maintain that we derive the fundament of shishim ribo specifically from the number of Yidden who learnt by Moshe Rabeinu in machnah Levia.[11] Consequently, in order to fulfil the criterion of shishim ribo, we would require that 600,000 people gather over one area comparable to the way Yidden congregated in one place by Moshe Rabeinu.

In fact, many Achronim clearly maintain[12] that the criterion is only fulfilled if shishim ribo traverse through one segment of the road, and we do not included the entire length of the road in the tally.[13]

Consequently, if shishim ribo does not traverse the segment of the sratya that runs through the city, it is not classified as a reshus harabbim.  

The section of Rt. 9 that runs through Lakewood is clearly not traversed by shishim ribo; hence, it is not classified as a reshus harabbim


[9] These are some of the additional poskim who clearly maintain that shishim ribo is dependent on the street: Levush, 345:7; Perishah, O.C. 325:8; Pnei Yehoshua, Shabbos 5b; Sedei Haaretz, Y.D. p. 29:3; Zera Emes, 3:34; Bais Meir, Shabbos 5b; Bais Yaakov, Eruvin 6a; Yad Dovid, Eruvin 55a; Shulchan Aruch HaRav, 363:44; Bais Ephraim, p. 46; Mishkenos Yaakov, p. 126; Chiddushi Harim, siman 4; Yeshuos Malko, siman 27; Mishnah Berurah, Shaar HaTzion, 345:25 [the Mishnah Berurah indicates this by the usage of the phrase, “derech hamavoi hamefulash,” it is important to note that  the Mishnah Berurah’s (345:24) primary issue is whether the shishim ribo are required to traverse the street every day of the year or whether occasional use of the street by 600,000 people would be sufficient; see also Toldos Shmuel, 3:86:10]; Minchas Elazar, 3:4; Bais Av, 2:5:2; Maharshag, 2:25; Chazon Ish, 107:6; Mahari Stief, siman 68; V’yaan Yoseph, 131:1, 155:1, 195:2; Divrei Yatziv, 173:4; Rav Shmuel Wosner zt”l, Shevet HaLevi, 6:41; Rav Yechezkel Roth zt”l, Emek HaTeshuvah 5:19, and see also the shaila to the Chacham Tzvi in siman 37.

[10] Besides for the above mentioned, Bais Yitzchak and Maharsham, the Divrei Chaim, Lekutim siman 3; Yeshuos Malko, O.C. siman 27; Sefas Emes, Shabbos, 6b; Divrei Malkiel, 4:3; Bais Av, 2:5:2:3, and Minchas Yitzchak, 8:32, all agreed that the criterion of shishim ribo is only met when 600,000 people actually traverse the street.

Those who suggest that the Bais Ephraim’s understanding of the Ritva, that the mere presence of shishim ribo in the vicinity would classify a street as a reshus harabbim, are mistaken.  The Gedolei Haposkim (mentioned above, the Maharsham, and Minchas Yitzchak) understood the Bais Ephraim otherwise. The only question regarding the Bais Ephraim’s position was whether the requirement of shishim ribo traversing the street is every day or would on most days suffice.

Furthermore, all those who claim that there are additional poskim who uphold this condition in the criterion of shishim ribo are incorrect, as all their claims are hearsay posited by the Chevrah Hilchos Issurei Eruvin (while it is beyond the scope of this essay, suffice it to say that all of their arguments have been negated).       

Finally, even according to this faulty argument, it is mindless to claim that the mere presence of 600,000 people in the vicinity of the street would classify it as servicing shishim ribo. If people from the vicinity rarely utilize the street, why should they ever be included in the tally?

[11] Rabeinu Yonason, Shevuos, Mishna 1; Rivevan, Shabbos 2a; Pnei Yehoshua, Shabbos 5b; Bais Meir, Shabbos 5b; Bais Yaakov, Eruvin 6a; Bais Ephraim, the end of siman 26; and the Mishkenos Yaakov, siman 121 p. 125.

[12] Divrei Malkiel, 4:11; Bais Av, 2:5:2:3; and see also: Bais Ephraim, siman 26, p. 47a; Mishkenos Yaakov, siman 120 p. 107, and Yeshuos Malko, siman 27.

[13] It should be noted that Rav Moshe Feinstein zt”l maintained (Igros Moshe, O.C. 1:139:5, 4:87, 5:28:16), with regard to a sratya outside of the city limits, 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. See more about Rav Moshe’s shitos in eruvin a little further on. 

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