ERUV ONLINE A RESPONSE

THE FOLLOWING IS A POST BY POST RESPONSE TO THE POSTINGS FOUND ON THE ERUV ONLINE BLOG BY LINEMAN. PLEASE NOTE THAT IT IS THE OPINION OF THIS AUTHOR THAT THE AUTHOR OF THE ERUV ONLINE BLOG IS AN ERUDITE TALMID CHACHOM. HOWEVER, IT IS THE CONTENTION OF THIS BLOG THAT HIS ARGUMENTS LACK RIGOUR HERE, AND IN FACT RAV FEINSTEIN WOULD NEVER HAVE ADVOCATED THE BROOKLYN ERUV.

Thursday, May 25, 2006

Key Points Regarding the Permissibility of an Eruv in Brooklyn According to Rav Moshe Feinstein zt”l

Posted by lineman at 10:06 AM

Even Rav Moshe’s chiddush, which was his personal opinion and not a p’sak for others, WHILE IT MAY BE TRUE THAT RAV MOSHE’S CHIDDUSH WAS A PERSONAL OPINION, HE DID PROMULGATE IT TO THE MASSES, AND HE PUBLISHED IT IN HIS BOOK. THE CHIDDUSH IS LOGICALLY COMPELLING, AND HE DOES MENTION IN OC VOL V THAT THE ALTERNATIVE IS RAMPANT VIOLATION OF SHABBOS LAW

does not preclude the establishment of an eruv in Brooklyn for the following three reasons:

• The population of the entire Brooklyn with the people who commute into the borough to work is much less than the 3,000,000 inhabitants required by Rav Moshe. IT IS AN ERROR TO ASSUME THAT RAV MOSHE ACTUALLY REQUIRES A FULL THREE MILLION. THE PIVOTAL POINT IS THAT THERE ARE 600,000 PEOPLE OUTSIDE AT THE SAME TIME. RAV MOSHE WRITES THAT 1 OF 4 OR 1 OF 5 PEOPLE ARE OUTSIDE AT ANY GIVEN TIME. THUS THE OPERATIVE NUMBER IS 2.4 TO 3 MILLION. ACCORDING TO CURRENT ESTIMATES BROOKLYN’S POPULATION 2592300. THE AMOUNT OF COMMUTERS WHO ENTER BROOKLYN TO WORK, SHOP OR VISIT ARE HARD TO ESTIMATE BUT IT WOULD NOT BE UNREASONABLE TO ASSUME THAT THE NUMBER COMES CLOSE TO ½ MILLION. BUT AS MENTIONED EARLIER THIS WAS NOT A VITAL ELEMENT OF HIS ARGUMENT
• Even if the total population of Brooklyn would be more than 3,000,000, since the eruvin erected in our neighborhoods encircle a population of much less than shishim ribo, Rav Moshe would have allowed an eruv to be erected in our neighborhoods in Brooklyn. THIS IS NOT CORRECT. ONE CANNOT ERECT AN ERUV IN THE MIDDLE OF A CLASSIC RESHUS HARRABIM JUST BECAUSE IN THAT ENSCRIBED AREA THERE ARE LESS THAN 600,000 PEOPLE. ONE CANNOT “DIVIDE UP”A RESHUS HARABBIM LIKE THAT. THE PROOF IS THAT IN ORDER TO PERMIT THE SEAGATE ERUV (SEE IM OC V 28:4:19) RAV FEINSTEIN REQUIRED SOLID WALLS AND A GATE.

• Even if Brooklyn would have a population of 3,000,000 and the eruv would encircle more than shishim ribo, since there are mechitzos encompassing Brooklyn, Rav Moshe would definitely have allowed an eruv to be erected in any neighborhood in Brooklyn, without the need for delasos at the pirtzos. RAV MOSHE DID NOT AGREE TO THE EXISTENCE OF THESE ALLEGED MECHITZOS. THERE ARE TWO REASONS FOR THIS: THE FIRST IS THAT THERE ARE MANY PIRTZOS – BREAKS ALONG THE WATER LINE THAT ARE GREATER THAN BOTH TEN AMOS AND 16 AMOS. THE OTHER REASON IS THAT ONE OF THE WALLS IS AN IMAGINARY LINE STRAIGHT ACROSS BROOKLYN THAT THE ADVIOCATES OF THE ERUV PURPORT TO BE A HALACHICALLY VALID WALL BASED UPON A SERIES OF HOUSES.

It is important to note that, according to Rav Moshe, even one of the above conditions would be sufficient reason to permit an eruv of tzuras hapesachim. LET US NOTE THAT ACCORDING TO THE MISHNA BRURAH – MOST AUTHORITIES HOLD THAT LARGE CITIES WITH STREETS GREATER THAN 28 FEET WIDTH ARE RESHUS HARABBIMS DEORAISAH. THE ISSUES INVOLVING ERUV ARE THUS AN ISSUE OF A QUESTION OF AN ISSUR DEORAISAH.

ASIDE FROM ALL THE ARGUMENTS DISCUSSED HERE, LET US REMEMBER THAT RAV MOSHE HIMSELF DID NOT AGREE TO THE BROOKLYN ERUV, NOR DO ANY OF HIS STUDENTS STILL ALIVE, NOR DO ANY OF HIS FAMILY MEMBERS, MOST OF WHOM ARE VERY PROMINENT POSKIM. THE CONTENTION THAT RAV MOSHE ZATZAL WOULD HAVE HELD OF THE BROOKLYN ERUV IS QUITE SUSPECT.