Saturday, January 08, 2022

Part 6: THE TRUTH REGARDING RT. 9 AND AN ERUV IN LAKEWOOD

Rav Moshe Feinstein ztl and an eruv in Lakewood

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.

 Let’s explore Rav Moshe’s shitos regarding the criterion 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, he later (ibid., 1:139:5) 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 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 in the past 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, Brooklyn 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 zt”l 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 shishim ribo only as it applied to a city. However, with regard to a sratya (intercity road), Rav Moshe stated (ibid., 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.]

As there is no 8.1 by 8.1 mile area in Lakewood encompassing a population even close to three million, no doubt Rav Moshe would allow an eruv consisting of tzuras hapesachim anywhere in Lakewood, even if it included the segment of Rt. 9 running through the city.

 

In Summation

1: The segment of Rt. 9 that runs through Lakewood, even if it would be classified as a sratya, would need to fulfil all criteria of a reshus harabbim.

2: Rt. 9 as it runs through Lakewood is not mefulash u’mechavanim m’shaar l’shaar and, therefore, is not classified as a reshus harabbim; tzuras hapesachim to close the breaches would be sufficient.

3: Additionally, Rt. 9 does not fulfill the condition of shishim ribo and, hence, would not be classified as a reshus harabbim; tzuras hapesachim to close the breaches would be sufficient.  

4: Rav Aharon Kotler zt”l would not consent to almost all eruvin in Lakewood, not just one that would encompass Rt. 9. Hence, the fact that there are many eruvin in Lakewood demonstrates that we do not follow his shitos in eruvin. Therefore, there is no specific reason according to Rav Aharon not to include Rt. 9 in an eruv.

5: Rav Moshe Feinstein zt”l would allow an eruv of tzuras hapesachim anywhere in Lakewood, even if it included the segment of Rt. 9 running through the city, since Lakewood does not fulfil his understanding of the criterion of shishim ribo. 

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