Chukei
Chaim: Decision Makers
10. Community rabbanim. When a
community discusses whether to set up an eiruv in the city, the rabbanim,
leaders, and decision makers must wisely weigh the factors on both sides, both
the pros and the cons; understand the needs of the tzibbur; and assess the
local urban environment. This will allow them to consider with seriousness
whether it is possible and worthwhile to set up a high-level eiruv.
Rebuttal:
Every Rav, large
or small, has a responsibility to establish an eruv. There are no cons
to erecting an eruv. These claims are modern day arguments.
Chukei Chaim: 11. Submit to their decision. After they come to a decision, the
community must accept and respect the decision of the community leaders. People
must not, ח"ו
damage, tear, or otherwise ruin the kashrus of the eiruv, as doing so causes
others to violate the issur of carrying. Similarly, one should not cause an
eiruv to be posul through various sly tactics, e.g., by refusing to acquire a
share in the bread meant for the eiruv or the like. These are not actions a
person takes in avodas Hashem, but in serving himself when he is angry that his
opinion was not the accepted decision. If one’s intentions were l’sheim
Shomayim, he would not cause others to do chillul Shabbos. Because he removed
himself from the group, he rejected the truly important thing.
Rebuttal:
It is laudable
that Rav Bleier cautions that one should not damage, tear, or otherwise ruin
the kashrus of the eruv. However, Rav Bleier bears some of the
responsibility, since he is feeding the group of machmirim who are
responsible for damaging and tearing eruvin.
Chukei Chaim: 12. Personally machmir. Even when there is an eiruv, that does not
obligate everyone to carry; as we pointed out, there is still room to be
machmir. Thus, if a scrupulous person wants, he can be personally machmir, but
he shouldn’t, chalila, prevent others from using an eiruv. Similarly, a man
with a family must consider whether it is worthwhile to stop his family from
carrying, as one must give chinuch according to a child’s path, and sometimes a
person’s household members and children do not fall under the category of
scrupulous people [בעלי נפש].
Rebuttal:
In fact, the Bnei
Yissaschar did obligate one to carry, in order that one should not be perceived
as an eino modeh b’eruv. With the tremendous amount of resistance and chumros
being enacted regarding eruvin today, the Bnei Yissaschar’s concern is
more pertinent than ever. There is almost no one who falls under the rubric of
a Baal Nefesh today. Moreover, the concept that a Baal Nefesh
should be machmir regarding all city eruvin is misplaced, as
there are numerous criteria to allow these eruvin, and that a Baal
Nefesh should be machmir is only stated regarding relying on the
criterion of shishim ribo.
Chukei Chaim: 13. Multiple communities in a city. Also, when a city has multiple
communities, some which use the eiruv and some which do not, one community
should not belittle the other. Each should conduct itself according to its
leaders and rabbanim with mutual respect for each other. One may not, ח"ו, prevent others from coming to shul or
getting aliyos because they use the eiruv. After all, we do not stop people
from getting aliyos when they violate the issur of lashon hara, are steeped in
machlokes like Korach and his assembly, or are not careful about sof zman krias
Shema and tefilla…
Rebuttal:
This entire
paragraph is commendable. I would add that there are no communities that should
be stringent regarding most of the eruvin established today. Even the
Sefardim can rely on the fact that the streets are not mefulash umechuvanim
m’shaar leshaar, and that many areas are encompassed by mechitzos.
Rav Bleier mentions the machlokes of Korach and his assembly; it should
be noted that the Chidushei Harim states that this machlokes with
Moshe Rabbeinu was regarding eruvin.
Chukei
Chaim: In Eretz Yisroel
14. In Eretz Yisroel. It is accepted that in Eretz Yisroel, nearly
every place – whether a big city or small moshav – is enclosed by an eiruv. One
just has to verify that the eiruv was prepared by expert rabbanim with yiras
Shomayim before relying on it, as often, even when there is an eiruv, it was
not made with meticulous adherence to halacha. Even when an eiruv is in a
chareidi neighborhood, there is still room for a scrupulous person to be
machmir, since it is not usually kosher according to all opinions, as will be
explained later in this series.
Rebuttal: In fact, most of the so called chumros
in eruvin are modern day inventions, and are argued by people who have
very little understanding of the halachic process, and who never apprenticed
themselves to real poskim to observe the halachic process.
Chukei
Chaim: In Chutz L’Aretz
15. Caution in a place without an eiruv. Most places in Chutz L’Aretz
are not enclosed by an eiruv. When bnei Eretz Yisroel go to Chutz L’Aretz, they
must remember that they cannot carry on the streets. They often forget this out
of habit.
Rebuttal:
Actually, most
cities and towns in Chutz L’Aretz are enclosed by an eruv.
Chukei Chaim: 16. Permission from the authorities. An additional challenge in Chutz
L’Aretz is that it is difficult to get permission from the authorities to erect
poles, tzuros hapesach, lechis, doors, and the like on city streets and in
public areas. Even when permission is obtained, it usually does not provide for
everything the eiruv planners seek. Due to this, they must compromise greatly
on halachic meticulousness.
Rebuttal:
This is
incorrect. While the establishment of eruvin in Chutz L’Aretz is
somewhat more difficult than in Eretz Yisroel, there is not that much of a
difference anymore that will lead to compromises in halachic meticulousness.
Chukei Chaim: 17. Non-Jew in the eiruv. Also, non-Jews living within the area of an
eiruv make the eiruv posul (שו''ע סי' שפ''ב). To circumvent this, one must search for
strategies and heterim to rent the houses from the non-Jews, e.g., through the
police, a government representative, or the like. All this gets into serious
shailos about the kashrus of the eiruv.
Rebuttal:
These are not heterim,
these are halachos that are cited in the Shulchan Aruch and the poskim,
and were relied on to allow eruvin prior to WWII.
Chukei Chaim: 18. Still, there are places that did
set up an eiruv for their community, and members of that community can rely on
it. However, people who have a tradition not to establish an eiruv in a certain
city or who are scrupulous people can be personally machmir not to carry in the
eiruv.
Rebuttal:
This is simple
fiction. There is no tradition not to establish an eruv, anywhere in the
world. Most eruvin should satisfy even the most scrupulous among us, if
not for the fact that they do not understand the halachic process.
Chukei
Chaim: Goal of This Series
19. Whether to rely on an eiruv. Thus, we
are, בעזהשי"ת, starting a
series of issues on this sensitive topic so that the general public can have
basic knowledge of some essential concepts on the topic of eiruvin. This way,
one can have the foundation and background to be able to consider for himself,
based on his personality and characteristics, whether a particular eiruv may be
relied on and when it is proper to be machmir. One can also better understand
the conduct of his community, based on its leaders, as far as relying on or
opposing a certain eiruv.
Rebuttal:
Most resistance
to eruvin is either am haraatzus or apikorsus. As we shall
see, one would need to cherry pick all chumros to proscribe a city eruv.
Chukei Chaim: 20. Knowing Torah. There is also the general goal of acquiring
knowledge in an area of Torah one was not yet exposed to. However, we are not, ח"ו, coming to make determinations whether any
eiruv is kosher or posul. We are just laying out the topic as a “set table” before
the reader.
Rebuttal:
Rav Bleier is
making “determinations,” by giving voice to opinions that are beyond the
pale of halachah.
Chukei Chaim: 21. We know from the outset that
there will be comments and criticism on what we will write from people who do
not find what we write to be precisely according to their feelings and
opinions. Due to the great need to understand and know, we will nevertheless
attempt, to the best of our ability, to present the matter in a moderate and
balanced manner that can appeal equally to everyone, as the Torah speaks to
four different types of sons…
Rebuttal:
This rebuttal is
not about our “feelings and opinions,” it is regarding normative
halalchah. There is no other issue where the opposition collects so many shitos
yechida’os, and tries to pass it off as normative halachah.
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