Chukei Chaim: Issue 321
Chukei
Chaim: People Opposed to the Eiruv Who Renounce Their Share
40. In some communities, some people
are opposed to making an eiruv. Still, the kinyan on the bread works, as we can
assume they don’t mind acquiring it so as not to make carrying assur for
others. However, some people try to be clever and announce explicitly they do
not want a share in the bread that is transferred to everyone. They think that
in doing so, they make the eiruv posul for everyone and succeed in dictating
the entire city to follow their opinion. True, at the same time they are
causing masses of people to carry where there is no eiruv and commit issurim,
but they don’t care about that; their ratzon is the main thing to them, not
Hashem’s …
41. However, they are mistaken, even
about the halacha. The kinyan does not need to actually give them a share in
the bread (26), the proof being that 18 גרוגרות is enough for tens of thousands of people,
and not everyone needs a peruta’s worth (38). The bread just needs to be
available to everyone such that if they want, they have the right to take some
of the eiruv bread (שו"ת עמק התשובה ח''ד סי' כ"א).
This is certainly true when it is set up by the city beis din, which has the
power of a beis din to be zocheh for everyone (שם).
Thus, while these people might be successful in making it assur to carry in and
out of their personal houses, they do not interfere with the city eiruv
whatsoever (מו"ר בנתיבות שבת פל''א הע' פ''ז, וע''ע שו''ת שואל ומשיב מהדו''ת ח''ב סי' ס''ב, שו''ת בית יצחק יו''ד ח''ב קונט''א סי'ח').
42. Today, we rent property in
non-Jewish homes from the city authorities (Issue 320, par. 33). This works
even for those who remove themselves from the tzibur and create themselves the
status of a non-Jewish home (שו''ת האלף לך שלמה סי' קפ''ב, קצות השלחן סי' ק''ה סי''ד בבה''ש סקכ
Rebuttal: It is impressive that Rav Bleier dismisses those who try to undermine the mitzvah of eruvin, by removing themselves from the shituf. We can add that those establishing an eruv where there are those who do not want to partake in the pas can employ sechiras reshus even for frum Jews. As the power of eminent domain stems from the government’s original ownership of all properties, it is evidence of superseding ownership, which is sufficient even for frum Jews.
