Introductory Remarks to Chapter 94

Houses usually were arranged in this fashion with endless variations:

Throughout these halachos, when reference is made to people living in a courtyard, it means people living in the houses that open to the courtyard. In order to carry from the houses into the courtyard, all residents had to join in making an eiruv. This is a rabbinical ordinance instituted by King Solomon and his Court. Sometimes courtyards were adjoining each other, having only one exit to the street, (as illustrated):

and sometimes each courtyard had its own exit to the street. There are halachos of eiruv pertaining to such situations. When the halachah refers to an alley, it denotes an area into which two or more courtyards exit. See illustration.

In order to carry in the alley, many requirements must be fulfilled. The halachos are complex and not discussed in the Kitzur Shukhan Aruch. However, mention is made of partnership in the alley. This is achieved when all the inhabitants of the courtyard that exit into the alley jointly make a special eiruv, the details of which are not discussed in the Kitzur Shulchan Aruch, but at times will be referred to in the footnotes.

Chapter 94 : Laws Concerning Eiruvei Chatzeiros (Eiruv of Courtyards)

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§1

Two or more Jews who reside in one courtyard, each living in his own apartment, are forbidden to carry from the house into the courtyard, or from the courtyard into the house. It is also forbidden to carry from one house into the other, even without passing through the courtyard, as for example, when there is door or a window between one house and the other house. It is a mitzvah for them to make an eiruvei chatzeiros, so that they do not fall into transgression.

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§2

When two courtyards have a door between them, if they wish, all the tenants of each courtyard may make a separate eiruv, whereby all the tenants of the courtyard are permitted to carry into their own courtyard; but any vessels that were in the house before Shabbos began, are forbidden to be carried from one courtyard into the other. If they wish, all the tenants of both courtyards can make one eiruv jointly, in order that they should be allowed to carry, from one courtyard into the other, even such vessels that were in the house when Shabbos began. And if there is even a window between the courtyards that measures no less than four tefachim wide by four tefachim high, and it is within ten tefachim above the ground, and it has no grate, [the tenants of both courtyards] may also make a joint eiruv. But if it is less than that, they cannot make a joint eiruv. If there is a window between two houses, even if it is higher than ten tefachim, they can make a joint eiruv, (because the house is considered as filled).

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§3

[If there are] two courtyards, one behind the other, and the tenants of the inner courtyard have no other exit to the street than through the outer courtyard, if [the tenants of both courts] wish to do so, they may make a joint eiruv. If they did not make a joint eiruv, then if the tenants of the inner court alone made an eiruv, they are permitted to carry in their own court and the tenants of the outer court are forbidden [to carry]. If the tenants of the inner court did not make an eiruv, but the tenants of the outer court alone made an eiruv, then the eiruv is of no use to them, because, since the tenants of the inner court have a right of passage through the outer court, they prohibit the tenants of the outer court [from carrying in their own court]. This is true only if the people of the inner court did not make an eiruv. For then, since they forbid one another [to carry] in their own place (court), it is "a foot (referring to the person) which is forbidden [ to carry] in its own place," and a "foot forbidden in its place" forbids [others] also in another place. But if they made an eiruv by themselves, and they are allowed to carry in their own court, then it constitutes "a foot permitted [to carry] in its own place," and they do not forbid carrying even to the tenants of the outer court. Consequently,if there is only one Jewish tenant in the inner court, since he is not forbidden to carry in his own court, he cannot cause a prohibition to be imposed [on the tenants of the outer court]. If two tenants live in the inner court and they did not make an eiruv even though only one tenant lives in the outer court, since they are "a foot forbidden in its own place," they also forbid the single tenant.

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§4

When houses are built with a second story, and a balcony in front of them, from which the tenants go into the courtyard through a stairway, and from the courtyard into the public domain, they are govorned by the same [laws] that apply to two courts, one behind the other, and the balcony is considered as the inner court.

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§5

A house that has two apartments with a lobby through which you enter both apartments, and the apartments are occupied by two tenants, they are forbidden to carry anything even from their apartments into the lobby. Similarly, even if one apartment is divided into two rooms occupied by two tenants, even though the occupant of the inner room has no other exit than through the outer room, which leads into the courtyard, nevertheless, they may not carry anything, even from one room into the other until they make an eiruv. (If the two houses or apartments belong to one person, and he rented an apartment to someone, and he also has "a hold on the apartment," see Shulchan Aruch 370 and Chayei Adam 73: 3-4.)

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§6

How do you make an eiruv? The mitzvah done to perfection is for one of the tenants of the courtyard, to take one whole loaf of his own bread on erev Shabbos and confer a share of it, through another person, to all the tenants of that court. This is done by saying to that other person, in any language he understands, as follows: "Take this loaf and acquire it on behalf of all the Jews who live in this courtyard, (or in these courtyards)." This person then takes the loaf and raises it one tjach. Then the one who is making the eiruv takes it from him and recites berachah, Baruch ata Adonai Elokeinu melech ha'olam asher kiddeshanu bemitzvosav vetzivanu al mitzvas eiruv. ["Blessed are You, Hashem, our God, King of the Universe, Who sanctified us with His commandments and commanded us concerning the mitzvah of eiruv]." He then says, "By means of this eiruv it will be permissible for us to take out and to bring in from the houses into the courtyard and from the courtyard into the houses and from one house into another, for all the Jews who live in the houses of the courtyard. Since they all acquired a share in this loaf, and at the beginning of Shabbos it is in the house of the one who made the eiruv, it is considered as if all the tenants were living in this house, and therefore they are permitted to carry from the houses into the courtyard, and from the courtyard into the houses, and also in the entire courtyard.

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§7

It is essential [that the maker of the eiruv] should grant them ownership only through a third party, therefore, he may not grant ownership through his son or daughter who are minors, even if they do not eat at his table, because their hand is considered an extension of his own hand. But through another minor he may grant ownership rights, (for regarding Rabbinical ordinances, a minor can acquire rights for another person); and, if possible, he should not grant ownership through his wife whom he supports, and not through his son or daughter who are bar or bas mitzvah who eat at his table [i.e. supported by him], for according to some authorities, they too are considered as an extension of his hand. However, if there is no other person present, he may grant it through them. If his son is married, although he is supported by his father, all authorities agree that the father may grant ownership rights through him.

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§8

What is the amount (of bread) required for the eiruv? If there are eighteen tenants or less, the amount is the size of a dried fig (which is one third of an egg) for each tenant, except for the one who makes the eiruv and keeps it in his house, (for he is not required to give bread [to establish his residence] since he already lives in his house). If there are more than eighteen tenants, even if there are one thousand, the size of the eiruv is an amount of food enough for two meals, which is [a loaf of bread] the size of eighteen dried figs, which is equivalent to six eggs. Some authorities hold that it is the equivalent of eight eggs. (According to their opinion a dried fig is equivalent to 1/3 and 1/9 of an egg.)

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§9

It is essential [that the one making the eiruv] should not resent it if a neighborly eats it. If he does resent it, it is not a valid eiruv. He should, therefore, be careful not to make the eiruv with food he prepared for Shabbos.

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§10

The eiruv must be placed where it is accessible to every tenant at twilight on erev Shabbos. Therefore, if there was a dead person there, or in an adjacent apartment and one of the tenants is a kohein, who is therefore unable to enter the place where the eiruv is at twilight, the einiv is void.

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§11

The eiruv should be made every erev Shabbos, and on Shabbos, Hamotzi should be said over it, [and it should be eaten], as stated in Chapter 102: 2 below, (for it has to be on hand) only at the beginning of Shabbos). But if you are afraid that you might in the future forget [to make an eiruv], you may make an eiruv with one loaf of bread for all the Shabbosos until Pesach, and [in this case], when you say: "By means of this eiruv etc." you should conclude: "For all the Shabbosos until Pesach which will come to us for goodness." And [in this case] it is necessary that the loaf is thin and well baked, so that it will not become spoiled. For the Shabbos during Pesach you must make the eiruv with matzoh that is kosher for Pesach.

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§12

You may not make an eiruv chatzeiros on Yom Tov. Thus, if a Yom Tov occurs on erev Shabbos, you must make the eiruv on erev Yom Tov [Thursday].

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§13

If a person eats in one place, and sleeps in another place, the place where he eats is his legal residence as far as the laws of eiruv are concerned. It is there that he prohibits [the other tenants from carrying if they were not included in the eiruv] if he eats his own food there, in a special room. But in the place where he sleeps he does not prohibit [the other tenants to carry].

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§14

Regarding a visiting guest in a court, some authorities hold, that even if he stays in a house by himself, as long as he does not stay there permanently, but for thirty days or less, he does not prohibit the tenants of the court [to carry]. Therefore all of them are permitted to carry either from the tenants' houses, or from the house of the guest; even if there are many guests [in the courtyard] and only one tenant. This is true only if there is [at least] one permanent tenant, even if he is a non-Jew, for then the guests become subordinate to him. But when all [the people in the court] are guests, they do prohibit one another from carrying, if each one eats in a special room for himself. If there is a non-Jew among them they must rent his residence from him as will be discussed below. Some authorities say that there is no difference between a guest and a tenant; thus, as long as [the guest] has a special room where he eats, his status is the same as that of a tenant. It is proper to follow the stricter view initially, and they should make an eiruv without reciting the berachah. But when it is done already, the first opinion may be relied upon.

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§15

When a Jew lives with a non-Jew in the same courtyard, the non-Jew does not prohibit [the Jew to carry], and he is allowed to carry from the house into the courtyard and from the courtyard into the house. Even if there are two or more Jews, but they live there under such conditions that they do not need an eiruv, as explained in paragraph 13 above, then the non-Jew does not prohibit them [to carry]. But if there are two or more Jews [living there] who are required to make an eiruv, and a non-Jew also lives there, he prohibits them [to carry], and they cannot make an eiruv until they rent the premises. If two or more non-Jews live there, they must rent [the premises] from each of them.)

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§16

Even if the non-Jew lives in another courtyard but he has no exit to the street other than through the court where the Jews live, or if he lives in the attic and the stairway leads to the courtyard, he also prohibits them [to carry].

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§17

If a courtyard belongs to a Jew, but he rented or lent an apartment to a non-Jew, [the non-Jew] does not prohibit [the Jewish residents from carrying], because [the Jew] did not rent or lend it to [the non-Jew] with the power to prohibit the Jewish residents [from carrying], even if the owner of the courtyard himself does not live there.

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§18

How do you rent [the premises from a non-Jew]? The Jew says to the [non-Jew] "Rent me your premises for so and so much money," And he does not have to explain to him that it is in order to make carrying permissible. However, if he says to him "Give me permission," even though he explains to him, "in order that I may be permitted to carry in the courtyard," it is not valid.

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§19

You may rent [the premises] even from the [non-Jew's] wife and even from his servant.

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§20

If you rented the premises without specifying any definite period of time, it remains valid as long as the non-Jew does not change his mind, and he still lives there. However, if the non-Jew moves away from there and another non-Jew moves in, you must renew the rental agreement with the second [non-Jew]. If you rented [the premises] for a specific time, and during that time the non-Jew rented his apartment to another non-Jew, then the original rental agreement is sufficient. But if the non-Jew died or he sold it to another non-Jew during this time, you must rent it again from the heir or from the buyer. And if you rented it from his servant, if you rented it without specifying a time, it is valid only as long as the servant is there. But if you rented it for a certain length of time, then even if the servant left, the lease remains in force until that time expires.

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§21

Whenever a rental [from a non-Jew] expires and you have to make a new lease, you also have to make a new eiruv; for an eiruv is not automatically renewed.

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§22

If it is impossible to rent the premises from [the non-Jew], one of the Jews should ask him to lend him a special place on his premises, to place an object there. And he should then put the object there and through this, the Jew acquires that place. Even if he removed the article from there before Shabbos, nevertheless, since the Jew had the right to leave that object there on Shabbos, it is considered as if he had a share in the apartment. This Jew may then rent the premises to all the residents of the courtyard.

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§23

An apostate or a person who publicly desecrates the Shabbos (according to some authorities, even if it is only a Rabbinic prohibition), is considered as a non-Jew, and you must rent his premises from him.

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§24

In many communities they equip all alleyways and streets with an eiruv (by installing the form of a door [tzuras hapesach] or something similar), and they rent the property rights from the non-Jew , in order to be able to carry throughout the city. It is essential that all the procedures are performed by a Ray who is an expert, and well versed [in these halachos]. In these communities it is customary to place the eiruv in the synagogue, (because the laws of partnership apply to it, and it is not necessary [to place it] specifically in a dwelling).

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§25

In communities, however, where the city is not equipped with an eiruv, then, even when they make eiruvei chatzeiros for the residents of the courtyard in which synagogue (is located], it is forbidden to put the eiruv in the synagogue, but it must be put in one of the dwellings.

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§26

If a city-wide eiruv became defective on Shabbos, the residents of every courtyard that is properly [surrounded with partitions] in which there is no break [large enough] to make [carrying there] forbidden, — even if that courtyard contains many houses — are permitted to carry there the entire Shabbos. Even if the eiruv is deposited in another premise which is now separated from this courtyard, nevertheless, they are permitted [to carry], because regarding this, we say, "Once it was permitted on that Shabbos, it continues to be permitted." However, since there is strong reason to be concerned that many people will fall into error and carry [by mistake], even in places where it is now forbidden to do so, since they are accustomed to carrying legally; therefore, if it is possible to have it repaired by a non-Jew, it may be done. If the string of the "form of the door" was torn, and it is possible for a non-Jew to repair it with a loop, or by making one knot and a loop over it, so much the better.

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§27

If a Yom Tov occurs on erev Shabbos and the eiruv became defective, even though the eiruv serves a need also on Yom Tov [of permitting you to carry] articles you do not need [on Yom Tov], still we do not say that since it was permitted on Yom Tov it should also be permitted on Shabbos, because Yom Tov and Shabbos have two [distinctly different] characters of holiness.