Chukei Chaim: Issue 320
Chukei
Chaim: In the Past
31. In previous times, when the ruler
had the right to place items on the citizens’ property without the citizens
being able to stop it, it was possible to rent property for an eiruv from the
king or governor. The authorities were powerful and were able to place their
items in any house if they wanted to. The right to put items on a non-Jew’s
property gave the ruler the status of שכירו ולקיטו
( רמ''א סי' שפ''ב סי'' ד ).
32. From the police. In those days, when the king had more power, it
was not necessary to rent from the king himself. Space could be rented in the
non-Jewish homes through the king’s minister, from the police, or from another
government representative. The police are the king’s servants, and one can rent
from a non-Jew’s employee’s employee (above, 23) ( שו''ע סי' שצ''א ס''א ומ''ב שם סקח''י, מ''ב סי' שפ''ב סקמ''ז
).
Rebuttal:
In fact, the Minchas
Elazar maintains that the reverse is true (Minchas Elazar, 4:14, and
Nimukei Orach Chaim, siman 391:1). Today, because government is of the
people, a government official has more authority than when the king ruled the
land.
Chukei
Chaim: Today
33. Government. Even today, some poskim hold one can rent space in
non-Jewish homes from the government, as they can place things in the
non-Jewish homes, at least during wartime [as is clear from what is happening
in Gaza…] (שו''ת שואל ומשיב מהדו''ת ח''ב סי' ס''ב בשם ישועות יעקב).
However, many poskim argue that the government’s power over a private home is
not as strong as it used to be, so one cannot rent from the government (הסטייפלר, קריינא דאיגרתא ח''ב איגרת צ''ו).
34. City official. Some poskim say that even today, one may rent from a
city official or his agent, e.g., the police (שואל ומשיב הנ''ל, שו''ת מהרש''ם ח''ה סי' ל''ג ח''ט סי' כ', גינת ורדים או''ח כלל ג' סי' כ''ב, הגרשז''א הובא בארחות שבת פכ''ח הע' קמ''ח).
35. However, some poskim argue with
the heter of a city official today, since neither he nor his agent, e.g., the
police, has permission to enter homes without a warrant. Their power is much
more limited than what it once was (שו''ת שבט הלוי ח''ח סי' קע''ז ב', הגריש''א הובא בחכמה לב עמק החכמה סי' י''ג באריכות ).
Rebuttal:
The teshuvah
cited from the Shevet HaLevi (8:177:2) is actually from Rav Shmuel
Wosner’s son. In fact, Rav Wosner
himself maintains (8:97:14), that there is reason to allow sechiras reshus
today. Even more so, Rav Wosner’s son wrote a teshuvah eight years later, where
he stated that there is no reason not to rely on sechiras reshus today
at all (Benai Yaakov, Eruvin, siman 11). Rav Bleier’s list
includes only one other citation, which is from a member of the Chevrah
Hilchos Issurei Eruvin, and his arguments have been rebutted, including the
issue of warrants (Or Yisroel, no. 44 pp. 55-72, no. 45 pp. 130-144).
The fact that this Chevrah seeks to impose stringencies even in matters
of d’rabbanan, and in issues where we undoubtably posit halachah
k’divrei hameikil, is very telling of their objectives.
Chukei Chaim: 36. Electric, water company. Some rely on renting property from the
electric or water company, as they have permission to install meters – which
remain in their ownership – in every residence. This works through the halacha
of
שכירו ולקיטו
(above, 24) (הגר''נ קרליץ, קונטרס תקנת העירוב פ''ה).
37. Fire department. Some rent property from the fire department, as
firefighters have the authority to break into any house and place items and
hoses in a situation of emergency, fire, or the like.
Rebuttal:
The leasing from
the above-mentioned agencies, and government officials (since governments
retain the rights to properties through the agency of eminent domain), is more
than sufficient.
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