Tikkun Leil Shavuos 5778 'String Theory' The History, Halacha, and Controversies of ERUV

WALL STREET JOURNAL

HOUSES OF WORSHIP

The Ins and Outs of New York’s Eruv

A virtual enclosure lets Jews remain ‘home’ as they travel the city on Shabbos.

The eruv on the lower east side of Manhattan.

Every Thursday and Friday, Rabbi Moshe Tauber dutifully travels to Manhattan from his home in Monsey, N.Y. The 43-year-old rabbi and father of 12 usually arrives by 5:30 a.m. He drives as far as 25 miles in the city, his eyes focused well above street level. That’s because he sees what nobody else does.

Rabbi Tauber’s job is to keep tabs on the Manhattan eruv, a precisely designated zone that zigzags from 126th Street in Harlem to the bottom of the island and from the Upper East Side to the Lower East Side. Its perimeter is marked by heavy-duty fishing line strung almost invisibly on city light poles 18 feet high, though structural portions of the Franklin D. Roosevelt Drive, the West Side Highway and the Brooklyn Bridge also mark the boundaries.

For many of New York’s observant Jews, their enjoyment of the Sabbath depends on Rabbi Tauber. During Shabbos, which runs from Friday sundown to Saturday night, religious Jews aren’t permitted to carry objects outside the home, as that would constitute work.

No bottles of wine and casseroles when visiting friends, not even prayer books and tallit bags. The eruv becomes a lifeline for Orthodox families to be out and about on the holiest day of the week.

Under cover of the eruv, which symbolically extends one’s residence into the public domain, carrying and pushing are kosher. This means parents can walk with baby carriages and strollers. Ditto for those guiding wheelchairs or walkers. The mingling of private and public space reflects the definition of eruv, a Hebrew word for “mixture.”

Rabbi Tauber began providing rabbinical supervision to the Manhattan eruv in 2000, a year after the first line was strung along the Upper West Side. Now perhaps the largest eruv outside Israel, it spans much of the island. Anyone looking for its coordinates can find a map online.

Rabbi Tauber checks the lines to make sure they’re secure and intact from one intersection and bridge to the next, maintaining a continuous citywide enclosure. If any section is down or damaged, the entire integrity of the eruv is breached, its figurative protection voided.

Strong winds, careless work crews and a pair of tennis shoes tossed over the line all pose a threat. On a recent Friday following a heavy rain, Rabbi Tauber spotted a split thread dangling from a lamp on Second Avenue and 35th Street. “That’s one for Spectrum,” he said, scribbling the location in a notebook. He meant Spectrum on Broadway, a sign-maintenance firm in Queens that repairs the eruv on the rabbi’s instructions.

Rabbi Adam Mintz, a New York eruv scholar who launched the current version in 1999, obtains permits from several city agencies to run the lines. Annual costs exceed $125,000, contributed from Orthodox congregations and supporters like Yeshiva University and Chabad of the Bowery.

“Hurricane Sandy was the worst,” Rabbi Tauber said of the 2012 storm that wreaked havoc on the city and its eruv. “With so much power out, I used my car charger and a torch to light the poles so the Spectrum guys in buckets could reattach the lines.” Many construction workers recognize the taut nylon wire as a Jewish thing. “A lot of them think it leads Jews to the nearest synagogue,” the rabbi explained.

Driving around at a lurching pace—and stopping at Dunkin’ Donuts for coffee—the rabbi knew when to turn his attention from one side of the street to the other, as the eruv was rerouted to avoid tree corridors. Two locations will never be certified: Times Square and Penn Station. The number of people passing through both reaches levels the Torah finds unacceptable for eruv inclusion, or so the sages say.

The United Nations is also off-limits. Rabbi Tauber noted that the land under the U.N. is not owned by the city but by all member states, making an appeal for a Jewish safe zone unlikely.

Despite spanning so much territory, the Manhattan eruv has never been vandalized—unlike counterparts in Brooklyn, where Orthodox purists opposed to bending Sabbath restrictions have ripped down the lines. Which raises a serious question: Isn’t the eruv a giant loophole? A piece of the downtown line could snap during Shabbos’s 25-hour blackout, and no one uptown would know.

Rabbi Tauber was philosophical about the issue. “New York is so big and you’ve got so many families relying on it, you have to have some faith. Plus, I’m good at my job.”

Something caught his eye and he made a sudden stop off the FDR exit ramp. As he jumped out for a closer look, a delivery van pulled alongside and the driver shouted, “Yo, rabbi, that’s some crap parking spot.” Rabbi Tauber shrugged, focusing to make sure the line overhead was all right. Then it was back to his Toyota Sienna and on to the next inspection.

(Mordechai ben Hillel HY"D (1250-1298

He was killed in the RindFleish Massacres

Shabbos #515

״מכאן דמצוה לערב״

Aruch Hashulchan 345:18

"What is the point in getting into long-winded (defense of Rashi's view) when the Eruvin constructed in most cities for hundreds of years were only built by dint of his view?! It should be viewed as if a Heavenly voice told us to follow this view...!!

Toronto Eruv Website (torontoeruv.org/principles)

There is a dispute among the poskim as to whether a reshus harabim requires at least 600,000 people. According to those poskim who follow Rashi’s view that 600,000 people are required, a true reshus harabim is very rare and is only found in the largest and densest of cities.

There is a great deal of discussion in how one measures or counts the population requirements of a reshus harabim. Is it sufficient if 600,000 people reside in the city or must they actually pass through the street? Do transient visitors from surrounding areas count? Do you count the people on a single street or those dispersed across the city? Do you count people passing during the course of a day or at a given moment in time? Do people in cars or passing trains count? If a single street qualifies as a reshus harabim, do all the other streets in town which connect to it also become a reshus harabim?

The issues are many. However, on a practical basis, Harav Moshe Feinstein zt’l qualified a reshus harabim according to these poskim as an area where at least 3,000,000 people reside in an area measuring 12 mil by 12 mil(144 square mils. A mil is 2000 amos). This is based on his estimate of the total population of Machne Yisroel in the midbar and on his conclusion that 600,000 people would be found in public areas over the course of a day. The population of Toronto within the eruv boundaries does not meet this criteria.

The Rambam and some other leading poskim do not require 600,000 people in order to qualify an area as a reshus harabim. According to these poskim, of course, it is far more difficult to make an eruv in a large city.

There is a long list of poskim who subscribe to each of these views. The practice in Europe to build eruvim followed the general minhag in Klal Yisroel to rely on Rashi’s position. However, because of the wide support received by the Rambam as well, the Mishne Brura suggests that a “Baal Nefesh” (i.e. someone who wishes to set a loftier standard for himself) should be machmir.

For those who wish to follow the Rambam, it is necessary to create an eruv with at least three sides which have a majority of their length enclosed with actual walls (‘ ). This deems the entire area so surrounded a reshus hayachid, even in circumstances where the public passes through gaps in the enclosure. To complete the eruv, it is then required to close the gaps with tzuros hapesachs as described below. As will be seen, this is the approach taken with respect to the Toronto Eruv.

A particular problem raised by the rules of reshus harabim is the effect of Highway 401 on the Eruv, since this highway has more than 600,000 persons traveling on it each day. Moreover, there are many poskim who hold that an intercity thoroughfare is intrinsically a reshus harabim even if 600,000 people do not travel on it each day. Although there are walls which run along both sides of the highway, it is impossible, for obvious reasons, to bridge the walls across the width of the highway. Accordingly, the entire area of highway 401 had to be stripped out of the eruv. More will be said about this later.

Rabbi Jachter, Grey Matter

...

Kew Gardens Hills

Although Rav Moshe did not approve of constructing an Eruv in Manhattan or Flatbush, he did approve of the Eruv in the section of Queens known as Kew Gardens Hills. It is worthwhile quoting what Rav Moshe considered necessary for this Eruv to be acceptable: 1) The highways (Grand Central Parkway, Long Island Expressway, Van Wyck Expressway) were excluded from the Eruv (many authorities regard highways to always be considered Reshut Harabim - see Ramban Eruvin 95a, Mishna Berura 543:71, and Teshuvot Bnei Banim (Rav Yehuda Henkin) I: 71-02). 2) It is to be constructed in a manner that greatly reduces the possibility that it will break on Shabbos (a communal Eruv that uses as many "non-rabbinic" components as possible, such as preexisting telephone poles and wires, fences, hills, and train overpasses (see, however, Igrot Moshe O.C. 831) will have the greatest chance of remaining intact. 3) An individual is to be appointed to inspect the Eruv every Friday. An Eruv must be rigorously inspected every Friday (see Teshuvot Doveiv Meisharim 2:82 who disapproves of inspecting an Eruv prior to Friday). 4) The rabbis of the community must agree that the Eruv is built properly. An Eruv should promote peace (see, for instance Gittin 95a) and not be a cause of dissention within a community.

Regarding the issue of Reshut Harabim, Rav Feinstein wrote that "Kew Gardens Hills is small regarding these issues and the reasons I wrote (why an Eruv should not be constructed in Manhattan) do not apply here." Although the borough of Queens has more than 006,000 inhabitants, Rav Feinstein apparently felt that Kew Gardens Hills can be viewed as a separate entity. Since fewer than 006,000 people reside in Kew Gardens Hills, it is not considered a Reshut Harabim (an eminent Rav said the same should apply to the Pelham Parkway neighborhood in the Bronx). In addition, Kew Garden Hills is not a major metropolitan center such as Manhattan, in which Rav Feinstein believe that an Eruv should not be constructed.

Shul Chronicles

On a String and a Prayer

Rabbi Moshe Taub

(Ami Magazine//Issue #71)

In the late 12^th century the Rosh (Rabbeinu Asher) received a query from Valencia from one Yaakov ben Yitzchak. Apparently a new rav had been hired there, named Rav Yaakov ben Moshe (not to be confused with the Maharil who was not born until a few decades after the death of the Rosh in 1327) who wanted the eruv of that town to no longer be relied upon. The author of the letter expressed the many challenges that this new rav offered against this particular eruv and the concept of city eruvin in general (especially where non-Jews lived). The Rosh responded to these concerns point by point and in addition, in several teshuvos (Shu’t HaRosh, klal 21, 8:2-9:2 [in 5764 edition]), he began first with a warning to this rav and then with real sanctions against him should he continue in ruling that no one should use the eruv. Some choice excerpts (see dissertation quoted in last week’s column):

“You should know that these authors did not add to the Talmud nor subtract from it. However, since you do not understand even the format of the Talmud, you do not know anything about the laws of eruvin and you are mistaken regarding the words of these authors….A response concerning the fact that you do not want to retract from your inappropriate behavior concerning the eruv: You, Rabbi Yaakov ben Moshe of Valencia, I already wrote to you concerning the eruv that they are accustomed to permit throughout the Jewish diaspora through the building of a tzuras ha-pesach even the open roads that pass through the non-Jewish neighborhoods. You have prohibited this for the community of Fredes and sent me your proofs which I have rejected. Furthermore, I warned you that you must change your mind and tell your community that they may construct the eruv as is customary based on their sages. It should be known that you remain in your rebellion and you cause the community to violate the Sabbath. Therefore, I decree that after you receive this letter you have two weeks to erect an eruv around the open roads in the non-Jewish neighborhoods through the use of a tzuras ha-pesach and if you do not comply, I will excommunicate you. And, had I lived in the time of the Sanhedrin, they would have put you to death for you are seeking to uproot the rules of the Talmud established by Rav Ashi and to disagree with all the sages who lived to this point, those who have died and those who are still alive. Change your mind and do not reject the traditions of the Torah of Moshe Rabbeinu.”

The Chasam Sofer too writes that it is a mitzvah for a rav to build an eruv in his city, “…there is no need to bring evidence to this, for it is obvious…’ (shu’t Chasam Sofer, oh’c #99 - see end of teshuva where he reflects on the fact that Pressburg, where the Chasam Sofer was the rav, received permission from the authorities to build an eruv. The reader should note that when Washington D.C. completed their eruv then president George W. Bush performed the sechiros!!!).

Furthermore the gemera relates how Rabba Bar Rav Chanan asked Abayay how a community with two great scholars like he and his teacher could allow there to not be an eruv. The Mordechai (515) and others rule, based on this gemera, that a rabbi has an obligation to build an eruv.

This does not mean that everyone must use the eruv. Indeed our greatest poskim often suggest that one not carry even within a valid eruv (Chazon Ish, Emunah U’Vitachon 4:18; Maaseh Rav #150; Mishne Berrura 362:59 and in many other places, et al.). This is because virtually all eruvin must rely on certain leniencies (see shu’t Mishne Halachos 7:90 where the Steipler lists several concerns with modern eruvin and suggests not to rely on any of them). For the sake of this short column I will offer the most well known leniency. If one were to ask a group of Shomrei Torah U’Mitzvos what constitutes a Reshus HaRabim the answer will likely be, “A public domain where more than 600, 000 traverse daily”.

While such a view is mentioned in the Shulchan Aruch (345:7) it is to be found nowhere in the entire Talmud! It comes from Rashi (Eruvin 6a, et al.) and is one the most profound leniencies in all of halacha because it allows one to uproot biblical law without an explicit Talmudic source (it is also unclear how to calculate this number –by residents or those who traverse it, see Igros Moshe). For according to the standard reading of the halacha –and indeed this is the view of many poskim (see Mishkanos Yaakov)– many city streets that are wider than 16 amos (about 25-30 feet) would be enough to create a Reshus HaRabim status. This would mean that almost every town would be classified thus and all eruvin would be deemed worthless! To be sure, even a true Reshus HaRAbim can be modified to allow carrying (mechitzos and a door at the end that can be closed) –and indeed Yerushalim, it would seem, historically, was modified so as to allow carrying (see Igros Moshe 1:139 where he makes this last historical point) - it would, however, be a technically difficult and arduous task.

The point being that anyone utilizing a town or city eruv is, perforce, relaying on shitas Rashi –although accepted as the Halacha, see siman 345 with Taz and Magen Avraham - and is acting not in accordance with many other rishonim.

All of the above highlights the fine line that a rabbi must walk. On the one hand one he wants to be fearful of halacha, aware that an error in psak can potentially lead to severe violations. In addition, as we have often pointed out in these pages, sometimes a chumra can actually lead to halachik concerns, a point the Rosh makes above in expressing his concern for those who would be stuck in their homes for all of shabbos.

However a rabbi can not take the great zechusim that come with serving the klal while avoiding its responsibilities, and, as indicated by the Rosh above, there is often great danger in inaction too, as silence is an equally heavy burden...

Ami Magazine

Rabbi Moshe Taub

Issue #13

...Because, typically, some telephone poles (if being used as part of the Eruv boundary) would need to be modified in some way to create a viable Tzuras HaPesach[1], those building the Eruv would need permission – and advice - from its owners and operators. Each city and municipality has its own system for their poles. Sometimes these poles are owned by the local cable company who in turn rent out their additional usage and space to the telephone and electric companies. In other cities this is reversed. We were fortunate in that we started our exploratory committee during an election season and each political party met with me promising that they will help get the Eruv made. Because of these providential circumstances we were able to not only quickly procure ownership information but, in addition, expedite a face to face meeting with the company that operates the poles.

It is critical to first foster a relationship with the local authorities and then investigate how and where the Eruv will be constructed. I learnt this the hard way. Years ago I was driving around searching for a workable Eruv. Following some poles I was led to a residential street. The poles wrapped around a backyard so I took out binoculars to get a better view. I was with a prominent posek at the time and he suddenly started running back into my car. I looked up and saw a woman exiting her house and running toward us screaming that she “…will call the cops”. This may seem like a cute story but it was, in fact, a Chillul Hashem. Having a letter from the powers-that-be quickly mollifies these inevitable scenarios. I now wear a workman’s vest and hard-hat when working on the Eruv. I sometimes even use a yellow turn-light on top of my car. It is always humorous to watch the faces of a frum family drive along in their car and suddenly notice that the man working on a pole –in all the right gear –is their rabbi! My Tzitzes always gives away the fact that I am likely not working for the grid company and should a concerned citizen call the police my letter from the town is enough to clear things up.

In addition to the police, when working in a residential area where I would need to investigate a pole or fence near a particular home, I knock on their door and explain that I am here for the city.

Now, explaining the Laws of Eruvim and the Melacha of Hotzah to the unaffiliated is no simple task. I know of one city that was constructing an Eruv and in order to complete it they needed to draw a wire from a pole in someone’s backyard to the Eruv fence. The Askanim approached the home and upon seeing a Mezzuza on the door assumed that this would be an easy sell. The owner of the home, however, was less then accommodating. After asking many questions about “This Eruv thing” he called his reform rabbi who instructed him to send these men away. The Askanim even offered to pay, to no avail. This man was no Dona Ben Nisina and was sadly acting out of spite and ignorance. Because of this man’s refusal to allow for an invisible string in the far end of his backyard the Askanim needed to raise an additional $10,000 so as to build a new boundary!

If one looks through the Gemara and its discussions of the laws of Shabbos he will find a disproportioned amount of space devoted to one particular law out of the 39 forbidden acts: Hotzah – Carrying. In fact Tosphos[2] seems bothered by this peculiarity and explain that this is done so that people not take this apparent “Melacha Gerua (inferior Melacha)” lightly. The Rambam[3] explains why Hotzah is seen by some as a “ Melacha Gerua”: carrying does not seem to have the same characteristics of the other Melachos Shabbos in that every other Melachah goes through some change or metamorphosis - a “creation”- (raw to cooked; two strings becoming one; etc.), whereas Hotzah does not seem to change the article per se, rather only takes it from point A to point B.

Because of the intricacy involved and its mystique vis-à-vis elucidation it is common to have a few bad apples malign and misrepresent an Eruv’s purpose. Some communities had to fight tooth and nail to get their Eruvim built. A small number even had to go to court to defend its construction.

In fact, a gentile philosophy professor (coincidently, he teaches in the University of Buffalo) wrote a notorious article concerning the “Ontology of the Eruv” where he explains why many oppose having the construction and maintenance of a public religious need, especially when the local authorities breach the covenant of separation between church and state by assisting them.

In Toronto a documentary filmmaker sought to make a film about the Toronto Eruv. Some Askanim knew the man and trusted that it would be a positive account of how rabbis and local authorities had worked together to build a highly multifarious and complex boundary so as to benefit the local Jewish community. The posek of the Eruv rejected the idea out of hand, explaining that the more we could keep quiet about the Eruv the better. Sometimes the best PR is having none. Indeed few even among Toronto’s frum community know the exact boundaries of the Eruv, only that includes the areas in which they live. If one should find themselves for Shabbos in a strange part of town he would have to call his rav who will tell him if he is or is not within the Eruv.

In Galus – even in this wonderfully free and accommodating country – we are always one complaint, one vote, away from a headache…or worse, Challila.

To be Continued Next Week

Once the relationship with the local authorities was fostered it was time to figure out the boundaries of the Eruv. Although what follows is somewhat dry, I believe the reader may be interested in the major issues that sometimes arise when constructing an Eruv.

“Karfeifos”

A modern tool that I found helpful in planning a new Eruv was Google Earth. This program gives its user a satellite view of Earth and allows one to zoom in and out of any area on the planet. When building a large Eruv this comes in very handy, in particular in helping one locate Karfeifos. A Karfeif is an area larger than 100 Amos by 50 Amos of uninhabitable or unused land. The Halacha is that not only is prohibited to carry in a Karfeif that is within an Eruv but that if there is any Karfeif within the boundaries it invalidates the entire Eruv. Suburban areas typically contain Karfeifos[4], however not all would necessarily invalidate an Eruv. So long as the open space is - or can be - used for human needs it may be deemed innocuous. In addition, even if one finds a true Karfeif it can be rectified by surrounded it with its own Tzuros Hapesech or Mechitza thus cutting it off from the rest of the Eruv and having no effect on it. Although the Biur Halacha[5] brings the opinion of the Davar Shmuel who allows for Karfeifim when they are apart of a larger city area the consensus is not to rely on this view accept in extreme cases.[6]

We found at least four separate areas that appeared to be classic Karfeifos. The question now was ‘Is there a way to view these areas as habitable?’ The saying goes “No one wants to see how salami is made”, Lahavdil Ad Lanetzach, most Rabbanim do not reveal too much behind their Eruvim. This is a case in point. At one board meeting we called the president of a famous American Eruv. We were concerned, we explained to him, about how to deal with the Karfeifos. He explained that they had the same issue and, because of various Halachic factors, their Poskim allowed the Karfeifos to be within the Eruv. However, he continued, due to politics and a fear that some would be Motzai Laz on their Eruv the posek did not allow them to publicize the particulars of his Psak or the nature of the Karfeifos. We in Buffalo are visited by thousands of tourists a year so it is critical that a recognizable Posek make such determinations –and indeed rule as to the status of the Eruv as a whole. This way we too can keep quiet about the exact nature of the Eruv while showing a letter of approval as to its Kashrus from a well-respected Rav.

The reader may be taken aback by this policy. Should not transparency be called for when working for the Homan Am? Yes and No. Allow me to illustrate: When I first took over the Vaad HaKashrus I would receive calls from tourists asking about our policies, i.e. “How often do you inspect the pizza shop” etc. Now, when dealing with Rabbanim and Talmidei Chachamim these phone calls go smoothly and I am indeed open about any policy or standard they ask about. However sometimes people call – people who have no concept about how the pizza shop around the corner from their Flatbush or Lakewood home is being monitored – whose Am Haratzes may cause difficulty for me and the Vaad and much confusion for them. Now when I receive such phone calls with specific policy oriented questions – while of course answering the ordinary inquiries regarding who I am and the general standards of our vaad – I recommend that their Rav call me for I do not discuss particular Kashrus policies with anyone who does not have Smicha or Kashrus experience. Such a policy is no different than how doctors or other professionals may deal with such issues. This same policy is in place with our eruv. Should any Rav call we would disclose all information relating to its construction; as for anyone else we would only show them a letter of approval. Based on that information alone they would then have to make their own determination if they would like to rely on the eruv or not.

As our eruv posek (I used to say “Eruv Rav” but that does NOT go over well!) I chose Harav Shlomo Miller and his talmid and eruv expert Reb Akiva Steinmetz. Rabbi Steinmetz came down to Buffalo and investigated, among other things, the Karfeifos. After much deliberation it was determined that they were not a Halachic concern.

Shul Chronicles

Ami Magazine Issues #69, #70

Rabbi Moshe Taub

The Eruv Is (Finally) Up!

Part 1

...Over a year ago I wrote a column about my struggles in building an eruv for the city of Buffalo. This week I can finally announce that after four years of labor the eruv is finally up. At 20 miles all around it is from the larger eruvim in North America.

The realities and technicalities involved in building a city eruv are a mystery to most of us.

Growing up in Toronto there was always a shadow of an Eruv. The great gaon and bibliophile Rabbi Avraham Price z’l had built an eruv in Toronto in the 1950s. His was an extension to an even older eruv built by Rav Graubart in 1921. Although both Rav Price’s and Rav Graubart’s scholarship were undisputed many felt that the eruv – specifically the extension - relied on certain Polish leniencies that, many argued, should not be utilized in America (or Canada).

In addition, in 1921 the population of Toronto was about 580,000, since then it had exploded into the millions, thus making it more difficult to dismiss the possibility that the city be viewed as a biblical rshus harabim.

Few knew where his eruv was located or even how it was constructed; they simply relied on what their rabbanim had told them.

It was not until many years later that rabbanim and askanim in Toronto, together with the city posek Harav Shlomo Miller - and with a green light from Rav Elyashiv - built a new eruv. This time we were told that we could rely on the eruv.

Why? What was different? A mystery to most indeed. (The reader is directed to the dissertation ‘Halakhah in America: The History of City Eruvin, 1894-1962’,

Adam Mintz, Skirball Department of Hebrew and Judaic Studies New York University September, 2011, pages 283-340; see also Rav Avraham Aharon Price, Tikkun Eruvin, Hapardes 25:4 (Teves 5711)).

Even talmidei chachomim have a difficult time with the practical aspects of eruvim. For even if one masters the codes and gemeros that deal with its laws one must still learn and grasp how to relate these halachos to modern day structures and construction.

It was therefore with great trepidation that I set out to build a city eruv. It actually began as a small, private project – just large enough to allow my wife to leave our home on shabbos. In a matter of weeks I was asked to expand it so as to include everyone in walking distance to the Young Israel. Soon after the other shuls in Amherst (a suburb of Buffalo with six orthodox shuls that are active each Shabbos) asked to be included. Over the next few years a large number of young families moved in to the community. I suddenly found myself planning, a year or so after the project’s inception, a 20 mile Eruv; too late to turn back, yet too large to trust my own knowledge. I had gone well beyond my breadth of ken.

The basics of an Eruv are, in fact, quite simple. Create or discover walls or barriers at certain heights that surround your targeted area, perform a sechiros with local government, and then end with an eruv chatzeirus, the latter being necessary in any muli-dwelling reshus hayachid (e.g. a hotel where more than one room is occupied by Jews).

The problem of course is where to look for these walls, and what constitutes as a mechitzah.

Typically, no wall is going to be perfect – as any breach larger than about 15 feet disqualifies the whole barrier.

Chazal therefore teach (Eruvin 11) –and according to many this is a biblical law (see Tzemech Tzedek to Eiruvin; Chazon Ish; cf. Biur Halacha in the name of the Pri Megadim) – that one can create a ‘conceptual’ wall – a Tzuras HaPesach (lit. the shape of a doorway, i.e. a doorframe).

So, say one finds a breach in a real wall that is more than 15 feet, or, even if one has no wall at all and needs to cover a large area so as to act as one of the eruv’s borders (cf. Rambam), one would simply put up poles or sticks that are at least a few feet high and draw a (taut) string or wire along its height that would be strong enough, in theory, so as to hold a light straw door. Halacha views such a space as if filled in by a mechitzah (see Chidushei Rav Chaim if it is viewed –like in the joke we began with –as a literal wall or only ‘b’din’ mechitzah and the ramifications of either view).

This is no simple feat. If one goes out into a public thoroughfare and starts to construct such a configuration he will likely get arrested. Even if one puts on a hardhat and a worker-vest (which, to my surprise, makes almost no one question what you are doing), should he succeed in creating a tzuros hapesach yet do so inefficiently or not tall enough to avoid trucks and the like he can potentially get sued for possible future damages.

An interesting story: One of our borders is a real wall that hugs the New York State Throughway. In order to utilize this wall we had to send someone to walk along the fence to make sure there were no gaps greater than 15 feet (the fence is about 30 feet from the road so his safety was assured).

A New York State Trooper was driving along and sees a tall man, with his tzitzis flying out of his pants, walking along the fence taking pictures and writing things in a notepad. When he stopped and inquired, “What are you doing?” the man responded, “I am here on a mission from my rabbi”.

In a post 9-11 world that is not the answer the State Trooper wanted to hear. They promptly cuffed him, put him in the back of the police car and asked him to direct them to my office.

Great.

The state trooper was patient as I explained what we were doing. After explaining to him the ins and outs of a pirtza and amuda he wisely assumed that we would put up a string to make up for any such gaps. “Yes”, I responded. He then proceeded to explain why we don’t want to do that. “During the winter, although illegal, many drive their snowmobiles across the farmlands surrounding the throughway and even cross the highway and cut through the gaps in the fence. An invisible string will decapitate them and you and the State will be sued.” (Not to mention kill someone r’l!).

As interesting as that meeting was from my perspective, imagine what it was like for this officer. I like to imagine that there is an Ami-like magazine for police officers and that this cop writes the Police Chronicles, or Beat, column. No doubt he will get a column out of this meeting with a rabbi, his sidekick and fishing line.

We were fortunate enough to have a shul member sitting on the Amherst Town Board. They voted on and passed the following resolution that facilitated us throughout the process in getting all the permissions that we would need.

Amherst/BUFFALO -RESOLUTION TO HELP WITH ERUV

Resolution RES-2011-888

WHEREAS, Amherst Eruv Inc would like to create an “eruv” in the Town of Amherst for the benefit of the residents of Amherst as well as visitors to the Town, and

WHEREAS, the Amherst Town Board wishes to make sure that the “eruv” is in full compliance with all local laws and codes, especially Highway right- of-way rules,

NOW THEREFORE BE IT RESOLVED that the Amherst Town Board authorizes the Superintendent of Highways to work with Amherst Eruv Inc. to help the organization comply with all relevant Town codes and directs him to assist the organization in dealing with Erie County and the State of New York where necessary.

However such a resolution can actually, potentially, work against us.

To Be Continued…

Shul Chronicles 69

On A String and a Prayer

The Eruv is Up, Part 2

Last week I ended this column by mentioning how the town of Amherst passed a resolution to help us get all the necessary permits needed to construct our eruv. While this helped us tremendously, such official documentation does come with risks. For while one wants the Jewish community to know about the eruv and where its boundaries are located, publicizing it too much can lead to problems. In particular, there are those who take issue with a city assisting a religious group with a religious project. Some have even argued that the construction of an eruv is a zoning issue, as the Jews are circling a whole area so as to turn it all into a quasi synagogue status!

However we have been fortunate in that all the gentiles that have been informed of this project have become our best allies.

We were not unique in this regard. In the 1930’s Rav Chaim Ozer’s and the Chazon Ish’s Paris eruv as well as other eruvim in major metropolises in Europe all the way to modern-day American ones, there seemed to have always been non-Jews have always helped make them possible.

Here are two stories that reflect this.

$20,000 into the Eruv project, after years of planning and months of building, it all came down to a string.

Because we were utilizing the inner wall of a major highway as a boundary we had to concern ourselves with on and off ramps as well as over and under passes. Obviously the highway’s fence must end before a ramp so as to let cars in and out, and an overpass would replace the fence and act as a bridge that highway traffic drives through underneath.

To complete the eruv we had to make up for these open spaces. Using fencing along the houses that hugged the highway as well as telephone poles we were able to close all gaps. I should point out that using private fencing is risky, as one can easily tear down his own fence without us knowing about it, however aside for the highway itself, the Highway Dept. actually is in control of all land within about 200 feet from the highway and it is they who demand this fencing (and, of course, we check the eruv weekly).

However I noticed one small area where the fence abruptly ended, leaving a gap between the fence and a pole. Once this gap would be filled-in the eruv would be complete. But there was a problem: this gap was in someone’s private backyard.

Some people assume that when a large eruv is built the people in charge do what needs to be done hoping no one will notice. While it is true that had we drawn a string from the pole to the tip of his fence without asking first the chances of him ever discovering it were small, it still would be wrong and could lead to a potentially horrible chillul Hashem.

So, I walked and knocked on his door. Imagine his surprise when he found a rabbi standing there. I noticed the varied religious paraphernalia scattered all over his house and the thought occurred to me that he may think that I was there acting like some kind of Jewish missionary.

I introduced myself and explained that I was not there to preach Judaism, as we are not a proselytizing faith. I further explained Shabbos law and how so many Jews are trapped in their homes on the Sabbath due to the prohibition of hotzah. He seemed genuinely fascinated by all of the intricacies involved in what we were constructing.

Asking the obvious, he said, “So, what does all of this have to do with me?”

“Well, the project is almost completed, save for a small area along your backyard fence. We would need to draw a string from its tip to the nearest pole. Would you allow us to do that?”

He paused and then asked “So if this eruv allows Jews to carry on the Sabbath, would it then allow Catholics to eat meat on Friday?”

He gave us permission.

Another time we were putting up strings and polls by a major intersection. The day before we had done the same along a park and bike route. For an eruv of our size we only needed to put up a relative handful of strings, however in this one area in the park up until this intersection we had to put a significant number of our own structures and strings. While most people would never notice these – as they are high-up and are built to blend in – it was only a matter of time for the Parks Dept to notice. Now, to be clear, we had permission to build from the powers that be, but bureaucracy can be a funny thing. By the time one proves that he had been granted permission and the complainant has spoken to the right higher-ups, their underlings may have already pulled down the structures. So that my fear was not that I would get in to trouble rather that the eruv would be pulled down and we would have to re-build the whole area.

So back to the major intersection. I’m driving toward it when I pass by the park and notice three trucks from the Parks Dept parked on the bike path. The men are standing and talking while pointing at the poles.

Oy Vey.

I could not then stop as a construction crew was waiting for me a few blocks ahead. I raced there, gave them what they needed, and tell them that I will be right back. I race back to the park but, alas, the men are gone; however, thankfully, the eruv structures were still standing. With a pit in my stomach I head back to our crew knowing that this is going to be an issue until I speak to those men.

Now, I mentioned last week how amazed I was by the fact that by simply wearing construction gear nobody questions what one is doing. For instance, while Verizon gave us permission to work on their poles, I was shocked that not once did the police passing by etc. stop us.

Earlier that morning I met with the chief of police who gave me his cell phone in case the eruv needs any help. Well, now we did need his assistance because to cross an intersection with a string being placed 20 feet above the road we would necessitate stopping traffic.

The police came and worked with the crew to get the job done quickly and safely.

As I watched them work a Parks Dept. truck pulls up. The man inside was not happy.

“Are you putting up polls and strings all over the park?”

“Yes”, I replied as I pointed to the police car and explained that this is official town business, while to myself marveling at the serendipitous timing,

He invited me into his truck so that I could explain further.

I was getting quite proficient at explaining what an eruv is and what we were seeking to accomplish. I finish my shpiel and was taken aback at what he next asked.

“I live in a Jewish area. Every Friday night I see men dressed like you walking home from synagogue. They are all dressed in dark colors and are therefore almosy invisbale. By building an eruv would they now be allowed to wear a reflector?”

“Yes”, I answered not wanting to get into the fact that they could potentially wear one even without an eruv.

“Well if that’s the case then you have my vote! I will make sure nobody touches your structures”.

How fortunate that we live in such a Medinas Shel Chesed!

Ami Magazine #168

R' Moshe Taub

...the Maharil was crowned rav of Yerushalim by Rav Shmuel Salant.

Things were not very official back then. As Rav Shmuel Salant once remarked, “They can’t fire me because they never hired me!”

These were critical times. Soon a great fog would descend upon the Land when the old yishuv would be met with the new. Many among the new yishuv were completely secular, and among those some had negative views toward the perushim.

Difficult questions would have to be dealt with, and sensitive issues would have to be broached.

The likes of Rav Meir Aurbach, Maharil Diskin, Rav Shmuel Salant, the Aderes, Rav Kook and Rav Yosef Chaim Sonnenfeld, and later the Brisker Rav, Rav Isser Salman Meltzer, Chazon Ish saw it as their obligation to help direct the Torah future of the (forthcoming) State.

The Brisker Rav (Meller, Feldheim ed.) is quoted as saying that while in Europe the Maharil Diskin was a fiery misnagid, but once in Israel he realized that this issue has since passed and that he must direct all of his energies now to any movement in the Land perceived to be a move away for derech haTorah.

To many, especially the secular olim, the views of these rabbanim were viewed as a roadblock to progress, even a danger to the State’s viability. Others were completely indifferent to what these men said, perhaps not even knowing of their existence.

“All professions are conspiracies against the laity” said George Bernard Shaw.

A wonderful idiom, it best describes how lay-people often mistrust or misunderstand those in higher occupation.

Certainly rabbanim understand this. Moshe Rabbeinu had to contend with many who were always suspicious, of his motives, of his judgment, of his choices. To them, everything he did was thought of as a conspiracy.

Rav Kook and Rav Sonnenfeld had a deep respect for one another even though there were some issues that divided them. When Rav Kook lay on his deathbed he was surrounded by Rav Tzvi Pesach Frank, Rav Isser Zalman Meltzer, Rav Yaakov Moshe Charlap, Rav Aryeh Levine and others. They all began to say Shma. When they finished that pasuk, Rav Kook slowly repeated each word and died with “…Echad” (Raz, Kol Mevaser, p. 453 ff)

Rav Kook himself saved the Leshem and the Elyashiv family from Europe and was the mesader kiddushin for Rav Elyashiv. He also was responsible for the rescue the Chazon Ish, even writing letters to leaders upon his arrival explaining what a great gaon he was.

So many greats, so many opinions, so much at stake.

Here are snippets from some fascinating encounters:

1 – In 1909, the venerable monthly Pearson’s Magazine sent a reporter to investigate the slaughter of thousand of Christains. The writer was able to get an audience with Rav Shmuel Salant, then 95 years old, and days before his passing.

While the entire interview is fascinating (I thank S. for its discovery) -Rav Salant expresses great joy that Jews are coming back to the Holy Land, encouraging other Jews to follow their lead –it is its ending that is really striking:

“I can recall conversation with many distinguished religious leaders -with Leo XIII in the Vatican; with the Archbishop of Canterbury in Lambeth Palace; with the Shiek-Ul-Islam in Constantinople...with cardinals and archbishops and patriarchs of many faiths-even with great, rumbling, mysterious Mahatma from the Himalayas. But I cannot remember anything more impressive than the face of the Grand Rabbi of Jerusalem as he raised his white, withered hand in parting”...