Wednesday, May 15, 2024

Part 9: Chukei Chaim: Eruvin Rebuttal

 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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