Eruv
Encyclopedia
This article discusses the eruv for carrying. For other types of eruv, see Eruv (disambiguation)
Eruv (disambiguation)
Eruv , in Judaism, may refer to:* An eruv chatzeirot, a religious-legal enclosure which permits carrying in certain areas on Shabbat.** List of eruvin* "Eruvin", a tractate of the Moed...

.


An Eruv ( mixture, also transliterated as Eiruv or Erub, plural: Eruvin) is a ritual enclosure around most Orthodox Jewish
Orthodox Judaism
Orthodox Judaism , is the approach to Judaism which adheres to the traditional interpretation and application of the laws and ethics of the Torah as legislated in the Talmudic texts by the Sanhedrin and subsequently developed and applied by the later authorities known as the Gaonim, Rishonim, and...

 and Conservative Jewish
Conservative Judaism
Conservative Judaism is a modern stream of Judaism that arose out of intellectual currents in Germany in the mid-19th century and took institutional form in the United States in the early 1900s.Conservative Judaism has its roots in the school of thought known as Positive-Historical Judaism,...

 homes or communities. In such communities, an Eruv is seen to enable the carrying of objects out of doors on the Jewish Sabbath that would otherwise be forbidden by Torah
Torah
Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five books of the bible—Genesis , Exodus , Leviticus , Numbers and Deuteronomy Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five...

 law (Halakha
Halakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...

). Without an Eruv, Torah-observant Jews would be forbidden from carrying keys or tissues in their pockets or pushing baby carriages on the Jewish Sabbath, thus making it difficult for many to leave their homes.

Jewish law and tradition regarding Eruvin

According to tradition, the Eruv must be made of walls or doorways at least ten tefachim in height, or approximately 1 m (40 inches). In public areas where it is impractical to put up walls, doorways are constructed out of wire and posts. It is these doorways, which often serve no practical purpose, that are what is usually referred to as an Eruv.

If the properties enclosed are owned by more than one person, then all the properties must be combined by the acquisition or rental of some right to the properties, and the designation of a meal that is shared by all property owners. The designation of the meal is called an Eruv Chatzeiros (combining of courtyards) and it is from this that the term Eruv is derived.

A community Eruv refers to the legal aggregation or "mixture" under Jewish religious property law
Halakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...

 of separate parcels of property meeting certain requirements into a single parcel held in common by all the holders of the original parcels, which enables Jews who observe the traditional rules concerning Shabbat
Shomer Shabbat
A shomer Shabbat or shomer Shabbos is a person who observes the mitzvot associated with Judaism's Shabbat...

 to carry children and belongings anywhere within the jointly held property without transgressing the prohibition against carrying a burden across a property line on Jewish Sabbath. The legal aggregation is set up to have effect on Shabbat and Yom Kippur
Yom Kippur
Yom Kippur , also known as Day of Atonement, is the holiest and most solemn day of the year for the Jews. Its central themes are atonement and repentance. Jews traditionally observe this holy day with a 25-hour period of fasting and intensive prayer, often spending most of the day in synagogue...

 only; on all other days, including Yom Tov, ordinary property ownership applies. A valid aggregation has a number of requirements including an agreement among the property-holders and an aggregation ritual.

One of the requirements of a valid aggregation is that all the parcels must lie within a chatzer, or walled courtyard. For this reason, this type of aggregation is more properly known as an eruv chatzerot , an "aggregation of courtyards," to distinguish it from other types of rabbinically-ordained mixture procedures
Eruv (disambiguation)
Eruv , in Judaism, may refer to:* An eruv chatzeirot, a religious-legal enclosure which permits carrying in certain areas on Shabbat.** List of eruvin* "Eruvin", a tractate of the Moed...

 that also have the name eruv.

In modern times, when housing is not typically organized into walled courtyards, rabbinic interpretation
Posek
Posek is the term in Jewish law for "decider"—a legal scholar who decides the Halakha in cases of law where previous authorities are inconclusive or in those situations where no halakhic precedent exists....

 has permitted this requirement to be met by creating a continuous wall or fence, real or symbolic, surrounding the area to be aggregated. The fence is required to have certain properties and consist of structural elements such as walls or doorframes. When the fence is symbolic, the structural elements are often symbolic "doorframes" made of wire, with two vertical wires (often connected to utility poles) and one horizontal wire on top connecting them (often using utility wires). The use of symbolic elements permits an eruv to make use of utility poles and the like to enclose an entire neighborhood of a modern city within the legal aggregation. In contemporary Jewish discourse, "an eruv" frequently refers to this symbolic "fence" that creates and denotes the boundaries of a symbolic "walled courtyard" in which a halakhic
Halakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...

ly (from "halakha," meaning the body of Jewish religious law) valid property aggregation can take place, rather than to the aggregation or legal status of the properties.

Eruv for carrying

There are 39 categories of activity prohibited on Shabbat
39 categories of activity prohibited on Shabbat
The commandment to keep Shabbat as a day of rest is repeated many times in the Tanakh, the Hebrew Bible. The commandment is usually expressed in English in terms of refraining from the doing of work on Shabbat, but the Hebrew term used in the Bible is melakha , which has a slightly different...

. On Shabbat
Shabbat
Shabbat is the seventh day of the Jewish week and a day of rest in Judaism. Shabbat is observed from a few minutes before sunset on Friday evening until a few minutes after when one would expect to be able to see three stars in the sky on Saturday night. The exact times, therefore, differ from...

 (Jewish Sabbath), the Torah
Torah
Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five books of the bible—Genesis , Exodus , Leviticus , Numbers and Deuteronomy Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five...

 forbids moving an object from one domain to another, no matter its weight or purpose.

There is no Biblical source in the Law of Moses that explicitly prohibits carrying on Sabbath. However, the Rabbis of the Talmud find two sources of the prohibition. "Let no man go out of his place on the seventh day" (Ex. 16:29). This verse is in the context of collecting the Manna bread. The Rabbis said, "Let no man go out of his place with a receptacle in his hand." According to this, the Manna cannot be collected on Sabbath because it cannot be carried into the Israelites' homes.

Second, "So the people were restrained from bringing" (Ex. 36:6). This verse explains that the Israelites refrained from bringing further materials for the construction of the Tabernacle. The Rabbis say that this event occurred on Sabbath, and not just because no more supplies were needed, but also because the people were not allowed to carry those supplies to the Levite camp. The Rabbis derive the prohibited actions of Sabbath from the actions that were performed to construct the Tabernacle. Based on this, one explanation is that since this verse is written in context of the Tabernacle, it is appropriate to derive further that the people ceased to carry on Sabbath.

According to Torah law as understood by the Talmud
Talmud
The Talmud is a central text of mainstream Judaism. It takes the form of a record of rabbinic discussions pertaining to Jewish law, ethics, philosophy, customs and history....

, this prohibition encompasses three actions:
  1. Moving an object from an enclosed area (such as a private home, public building, or fenced-in area) to a major thoroughfare,
  2. moving an object from a major thoroughfare to an enclosed area, or
  3. moving an object more than four cubits within a major thoroughfare.


To prevent confusion over exactly what constitutes a major thoroughfare, the rabbis expanded the ban to any area that was not fenced or walled in.

An additional, rabbinic prohibition, which Jewish tradition ascribes to the religious court of King Solomon
Solomon
Solomon , according to the Book of Kings and the Book of Chronicles, a King of Israel and according to the Talmud one of the 48 prophets, is identified as the son of David, also called Jedidiah in 2 Samuel 12:25, and is described as the third king of the United Monarchy, and the final king before...

, forbids carrying in any area that was shared by the occupants of more than one dwelling, even if surrounded by fences or walls. But, in this case of areas surrounded by walls, carrying was allowed through the use of an eruv. The eruv consists of a food item - in general bread - that is shared by all dwellers. By means of this shared meal, all the dwellers are considered as if they were living in a common dwelling, thus exempting them from the added prohibition.

The prohibition against carrying on Sabbath received special mention in the prophecy of Jeremiah
Jeremiah
Jeremiah Hebrew:יִרְמְיָה , Modern Hebrew:Yirməyāhū, IPA: jirməˈjaːhu, Tiberian:Yirmĭyahu, Greek:Ἰερεμίας), meaning "Yahweh exalts", or called the "Weeping prophet" was one of the main prophets of the Hebrew Bible...

, who warned the people of Jerusalem to "beware for your souls and carry no burden on the Sabbath day" (Jeremiah
Book of Jeremiah
The Book of Jeremiah is the second of the Latter Prophets in the Hebrew Bible, following the book of Isaiah and preceding Ezekiel and the Book of the Twelve....

 17:21).
The Radak, a medieval Jewish commentator on the Prophets, opined that the reason Jeremiah referred to carrying a burden through the gates of the city is that Jerusalem had an eruv and its walls formed the boundary, so carrying within the city was permitted. This view that an entire city could have an eruv influenced later views that an eruv could encompass a "courtyard" covering a wide area. The Radak also held that the reference to "kings" rather than a single king refers to future kings yet to come, and hence that this prophecy, with its stress on the importance and redemptive power of observing the prohibition against carrying a burden on Shabbat outside an eruv, remains available to this day. The Talmud, in Tractate Shabbat, opined that consistent observance of Shabbat could bring redemption to the Jewish people.

Eruv chatzerot

The eruv chatzerot, or "mixed [ownership of] courtyards/domains", operates so that all the residents treat the entire area as their common "home". In other words, it is a religious-legal
Halakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...

 mechanism that transforms an enclosed shared living area (e.g., a courtyard) into a common one. In order to be enclosed, the area must be surrounded by a wall, fence, or tzurot ha-petah, "doorframes". Otherwise carrying is still prohibited in accordance with the earlier prohibition, as above.

In many cases — for example, within a hospital, nursing home, school campus, apartment complex, or a walled city - the demarcation of the shared area consists of real walls or fences.

These fences can also be made symbolically, using stakes and a rope or wire to demarcate doorframes. When an eruv is made to demarcate a contemporary Jewish neighborhood, a symbolic fence is typically constructed in this fashion, using utility pole
Utility pole
A utility pole is a pole used to support overhead power lines and various other public utilities, such as cable, fibre optic cable, and related equipment such as transformers and street lights. It can be referred to as a telephone pole, power pole, hydro pole, telegraph pole, or telegraph post,...

s and wires as well as any solid walls available. Thus, a modern eruv is commonly composed of a series of "doorframes," with the poles forming the doorposts (lechi, pl. lechai'in)and the wire forming the lintel (korah). A natural wall such as a river bank
Stream bed
A stream bed is the channel bottom of a stream, river or creek; the physical confine of the normal water flow. The lateral confines or channel margins, during all but flood stage, are known as the stream banks or river banks. In fact, a flood occurs when a stream overflows its banks and flows onto...

 or steep hill can also be used as part of the eruv, as can an actual wall of a building.

As mentioned above, the term "eruv" in modern Jewish usage often refers to the rope or string that creates a symbolic "walled courtyard". However the term, in formal use as a legal term of Jewish law, refers to the process of sharing ownership within the enclosed domain. This is conducted using the norms and procedures of Jewish law, which has a law of property ownership and transfer distinct from the law of the surrounding society. The property transfer needed to create a shared domain on Shabbat
Shabbat
Shabbat is the seventh day of the Jewish week and a day of rest in Judaism. Shabbat is observed from a few minutes before sunset on Friday evening until a few minutes after when one would expect to be able to see three stars in the sky on Saturday night. The exact times, therefore, differ from...

 under Jewish law is formally effected today by having one resident give some "bread" to another resident to keep, to create a joint ownership of food for the whole community. This is usually done by the rabbi
Rabbi
In Judaism, a rabbi is a teacher of Torah. This title derives from the Hebrew word רבי , meaning "My Master" , which is the way a student would address a master of Torah...

 of the community to ensure that it is done correctly, and the bread is usually matzo
Matzo
Matzo or matzah is an unleavened bread traditionally eaten by Jews during the week-long Passover holiday, when eating chametz—bread and other food which is made with leavened grain—is forbidden according to Jewish law. Currently, the most ubiquitous type of Matzo is the traditional Ashkenazic...

 to ensure that it will be edible and usable for a long time. (It is usually replaced once each year.) In the Talmud and other classic rabbinic sources, the term eruv refers to the bread itself. Because the domains are enclosed and legally transferred to shared ownership, carrying objects within an eruv keeps them within a single domain, and hence does not break the prohibition of transferring objects from a private to a shared domain on Shabbat. Creating an eruv that involves public property requires the local government to permit a limited transfer of its domain (in addition to government permissions for placing markers on government property that may be required as a matter of local government law).

No rabbis dispute the concept of an eruv. However, in practice, some rabbis do disagree about the technical requirements of a valid eruv, and might therefore instruct their followers that certain eruvin are not valid and should not be used.

In general, authorities agree that an eruv cannot be located anywhere or be of indefinite size and is subject to a number of limitations. For example, a prohibition against walking too far outside city boundaries (techum, see Eruv techumin
Eruv techumin
An eruv techumin for traveling enables a Jew to travel on Shabbat or a Jewish holiday. He prepares a food prior to Shabbat or the holiday on which he plans to travel farther than is normally allowed on such days...

) limits the possible size of an eruv. In similar manner, a prohibition against carrying in a "public" area has traditionally been interpreted narrowly to cover only the busiest of thoroughfares. Nonetheless, this prohibition limits an eruv to including only neighborhoods and streets that can be characterized as "private" or "semi-private". There are disagreements among authorities about the extent and correct interpretation of some of these limitations. In addition, the size of an eruv can be limited by a number of practical considerations. For example, the requirement that the eruv boundary be thoroughly checked each week and any needed repairs made before sunset on Friday limits the area that can be practically covered by a manageable eruv. The sensitivity of utility and public works crews about disturbing eruv-related attachments when making repairs can vary widely. Political and institutional differences, or differences about the correct interpretation of the relevant Jewish law
Halakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...

, can also result in separate areas maintained by separate organizations.

Coping without an eruv

Many of those living in areas without an eruv are regularly accustomed to life without one, and are able to function on Shabbat. However, those that live in a place that has an eruv and are visiting a place without one, or if the eruv is temporarily out of service such as in areas where the eruv has been damaged by wind or snowstorms, may have difficulty making adjustments. Equally, those with young children, certain medical complaints and certain disabilities often feel trapped during Shabbat.

Even without an eruv, there is no problem with wearing clothing outside, provided that it is normal clothing and being worn in its normal manner, as it is considered secondary to, and "part of," the person himself. The same is true for most medical items that are attached to the body and can be considered secondary to it, such as a cast, bandage, or eyeglasses.

Rabbinic authorities
Posek
Posek is the term in Jewish law for "decider"—a legal scholar who decides the Halakha in cases of law where previous authorities are inconclusive or in those situations where no halakhic precedent exists....

 (poskim) historically have differed about the use of a cane
Walking stick
A walking stick is a device used by many people to facilitate balancing while walking.Walking sticks come in many shapes and sizes, and can be sought by collectors. Some kinds of walking stick may be used by people with disabilities as a crutch...

, wheelchair
Wheelchair
A wheelchair is a chair with wheels, designed to be a replacement for walking. The device comes in variations where it is propelled by motors or by the seated occupant turning the rear wheels by hand. Often there are handles behind the seat for someone else to do the pushing...

, or other similar devices by the disabled. Some have allowed their use even without an eruv and others have not. In recent years, however, the majority of poskim have leaned toward allowing these devices, since, if they were prohibited, disabled individuals might attempt to leave their homes on Shabbat without the device(s) and therefore risk serious injury.

Loose medicines may not be carried; most authorities have agreed that it is preferable that one who constantly needs medication remain at home rather than transgressing Shabbat by carrying medication. But, if such a person leaves home, then comes in need of medication, it is permissible under the laws of Pikuach nefesh
Pikuach Nefesh
The Hebrew term pikuakh nefesh describes the principle in Jewish law that the preservation of human life overrides virtually any other religious consideration...

 to break Shabbat and bring the medication to the person. A small number of authorities in recent years have been permitting carrying the medication, however, since such a person may be tempted to leave home without it, and then his/her life may be endangered thereafter.

Most authorities also allow the wearing of jewelry by women. There are differing customs regarding the wearing of jewelry watches by men. As men's jewelry for the purpose of adornment has become more common in recent generations, the wearing of a watch by a man is accepted, provided that the watch is visible to others and is not covered by a sleeve.

In communities without an eruv, it is customary to create belts, bracelets, necklaces, or similar wearable objects incorporating housekeys so that the keys can be worn rather than carried when going outdoors. To be validly "worn" rather than "carried", the key needs to be an integral part of the belt, bracelet, or other item rather than simply attached to it. It may be either an adornment if worn in a manner visible to others or a component needed to keep the wearable object fastened. Special "shabbos belts" and similar items that incorporate this property are sold in religious stores.

A tallit
Tallit
A tallit pl. tallitot is a Jewish prayer shawl. The tallit is worn over the outer clothes during the morning prayers on weekdays, Shabbat and holidays...

 may be worn while walking to/from the synagogue. Prayer books
Siddur
A siddur is a Jewish prayer book, containing a set order of daily prayers. This article discusses how some of these prayers evolved, and how the siddur, as it is known today has developed...

 and other books may not be carried; either they must be brought to the synagogue prior to Shabbat or else the congregation's prayer books must be used.

Checking the eruv

The boundaries of an eruv must be checked regularly. If the boundary is not complete and contiguous in every element (i.e., one of the elements of the boundary is missing or broken), no valid eruv can exist that shabbat, and carrying remains prohibited. Eruv associations, in general, maintain hotlines or web sites informing communities of the status of the Eruv on Friday afternoon.

Activities prohibited even within an eruv

Though a valid eruv enables people to carry or move most items outdoors on Shabbat, all other Shabbat restrictions still apply. These prohibitions include:
  • Objects that are muktzah
    Muktzah
    Muktza is a Hebrew word that means "separated", or "set aside." The generally accepted view regarding these items is that they may be touched though not moved during Shabbat or Yom Tov , some extend this prohibition to the actual handling of these items...

     may not be handled anywhere on Shabbat, indoors or outdoors.
  • Opening an umbrella is analogous to erecting a tent, which falls under the category of construction. Since umbrellas may not be opened, they are muktzah and may not be handled.
  • To protect the sanctity of Shabbat, one may not perform typical weekday activities (uvdin d'chol). The precise scope of this prohibition is subject to a wide range of rabbinic opinion.
  • One may not carry or move items in preparation for a post-Shabbat activity (hakhana), unless one has a legitimate use for them on Shabbat itself.
  • Sports involve several issues. Many authorities consider balls muktzah; others do not. In general, sports that result in holes or ruts being carved into the playing surface may be played only on surfaces that are not subject to such damage. Exercise of any kind is forbidden on Shabbat unless it is done solely for the pleasure of the activity itself, rather than for health or some other reason.

Eruv techumin

An eruv techumin (Hebrew
Hebrew language
Hebrew is a Semitic language of the Afroasiatic language family. Culturally, is it considered by Jews and other religious groups as the language of the Jewish people, though other Jewish languages had originated among diaspora Jews, and the Hebrew language is also used by non-Jewish groups, such...

: עירוב תחומין "mixed borders") for traveling enables a Jew to travel on Shabbat
Shabbat
Shabbat is the seventh day of the Jewish week and a day of rest in Judaism. Shabbat is observed from a few minutes before sunset on Friday evening until a few minutes after when one would expect to be able to see three stars in the sky on Saturday night. The exact times, therefore, differ from...

 or a Jewish holiday
Jewish holiday
Jewish holidays are days observed by Jews as holy or secular commemorations of important events in Jewish history. In Hebrew, Jewish holidays and festivals, depending on their nature, may be called yom tov or chag or ta'anit...

. The Jew prepares food prior to Shabbat, or prior to any holiday on which they plan to travel farther than is normally allowed on such days. Orthodox Judaism prohibits motorized transportation, although the presence of an eruv for carrying permits certain types of non-motorized transport, such as strollers and wheelchairs, for people unable to walk.

Eruv tavshilin

An eruv tavshilin (Hebrew
Hebrew language
Hebrew is a Semitic language of the Afroasiatic language family. Culturally, is it considered by Jews and other religious groups as the language of the Jewish people, though other Jewish languages had originated among diaspora Jews, and the Hebrew language is also used by non-Jewish groups, such...

: עירוב תבשילין "mixed cooked food items") is made in the home on the eve of a holiday with a work proscription that directly precedes the Sabbath. It is made by taking a cooked item and a baked item, and placing them together. It is common to use a piece of cooked egg, fish, or meat as the cooked item and a piece of bread or matzah as the baked item. It is needed because while it is allowed to cook and transfer fire on holidays (unlike the Sabbath and Yom Kippur, when these activities are forbidden), these activities are only allowed to be done for the use of the holiday, and not for the next day. By making the eruv tavshilin, we begin preparing for the Sabbath before the holiday, and continue doing so. The foods of the eruv tavshilin are traditionally eaten on the Sabbath day following the holiday.

Eruvin in Conservative and Reform Judaism

Although Conservative Judaism
Conservative Judaism
Conservative Judaism is a modern stream of Judaism that arose out of intellectual currents in Germany in the mid-19th century and took institutional form in the United States in the early 1900s.Conservative Judaism has its roots in the school of thought known as Positive-Historical Judaism,...

's Committee on Jewish Law and Standards
Committee on Jewish Law and Standards
The Committee on Jewish Law and Standards is the central authority on halakha within Conservative Judaism; it is one of the most active and widely known committees on the Conservative movement's Rabbinical Assembly. Within the movement it is known as the CJLS...

 enacted an exception to the general rules of Sabbath observance to permit driving to attend a synagogue, it otherwise formally requires the same rules of Shabbat observance as Orthodox Judaism with respect to carrying a burden. Therefore, Conservative Judaism's rabbinate requires the use of an eruv for ordinary carrying outside of this exception. Compliance with the formal requirements varies. In general, conservative authorities and organizations have not attempted to build or develop rules for eruvin distinct from ones established by Orthodox authorities and organizations.

Reform
Reform Judaism
Reform Judaism refers to various beliefs, practices and organizations associated with the Reform Jewish movement in North America, the United Kingdom and elsewhere. In general, it maintains that Judaism and Jewish traditions should be modernized and should be compatible with participation in the...

, Reconstructionist
Reconstructionist Judaism
Reconstructionist Judaism is a modern American-based Jewish movement based on the ideas of Mordecai Kaplan . The movement views Judaism as a progressively evolving civilization. It originated as a branch of Conservative Judaism, before it splintered...

, and other more liberal branches of Judaism do not call for observance of the underlying traditional rules against carrying, and hence the issue of an eruv is not relevant.

Communities with eruvin

In Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...

, almost every Jewish community is enclosed by an eruv. Outside Israel, there are over 150 community eruvin, as well as thousands of private ones enclosing only a few homes, or linking a synagogue to one or more nearby homes. Most major cities in North America have at least one, often surrounding only the Orthodox Jewish neighborhoods rather than the entire city. Outside North America, there are eruvin in Antwerp, Amsterdam
Amsterdam
Amsterdam is the largest city and the capital of the Netherlands. The current position of Amsterdam as capital city of the Kingdom of the Netherlands is governed by the constitution of August 24, 1815 and its successors. Amsterdam has a population of 783,364 within city limits, an urban population...

, Johannesburg
Johannesburg
Johannesburg also known as Jozi, Jo'burg or Egoli, is the largest city in South Africa, by population. Johannesburg is the provincial capital of Gauteng, the wealthiest province in South Africa, having the largest economy of any metropolitan region in Sub-Saharan Africa...

, Melbourne
Melbourne
Melbourne is the capital and most populous city in the state of Victoria, and the second most populous city in Australia. The Melbourne City Centre is the hub of the greater metropolitan area and the Census statistical division—of which "Melbourne" is the common name. As of June 2009, the greater...

, Perth
Perth, Western Australia
Perth is the capital and largest city of the Australian state of Western Australia and the fourth most populous city in Australia. The Perth metropolitan area has an estimated population of almost 1,700,000....

, Sydney
Sydney
Sydney is the most populous city in Australia and the state capital of New South Wales. Sydney is located on Australia's south-east coast of the Tasman Sea. As of June 2010, the greater metropolitan area had an approximate population of 4.6 million people...

, Gibraltar
Gibraltar
Gibraltar is a British overseas territory located on the southern end of the Iberian Peninsula at the entrance of the Mediterranean. A peninsula with an area of , it has a northern border with Andalusia, Spain. The Rock of Gibraltar is the major landmark of the region...

 and Strasbourg
Strasbourg
Strasbourg is the capital and principal city of the Alsace region in eastern France and is the official seat of the European Parliament. Located close to the border with Germany, it is the capital of the Bas-Rhin département. The city and the region of Alsace are historically German-speaking,...

.

Controversies

The installation of eruvin has been a matter of contention in many neighbourhoods around the world, with notable examples such as the London Borough of Barnet
London Borough of Barnet
The London Borough of Barnet is a London borough in North London and forms part of Outer London. It has a population of 331,500 and covers . It borders Hertfordshire to the north and five other London boroughs: Harrow and Brent to the west, Camden and Haringey to the south-east and Enfield to the...

; Outremont, Quebec; Tenafly, New Jersey
Tenafly, New Jersey
Tenafly is a borough in Bergen County, New Jersey, United States. As of the 2010 census, the borough population was 14,488. Tenafly is an affluent suburb of New York City....

, and Westhampton Beach, New York
Westhampton Beach, New York
Westhampton Beach is an Incorporated Village in the town of Southampton, Suffolk County, New York, United States. As of the 2000 census, the village population was 1,902.-History:...

.

As the property-owner is the owner of the public streets, sidewalks and the utility poles on which symbolic boundaries are to be strung, some authorities have interpreted Jewish law as requiring the local government to participate in the process as one of the property owners by agreeing to creation of the eruv, and to give permission for the construction of a symbolic boundary on its property. In addition, because municipal law and the rules of utility companies, in general, prohibit third parties from stringing attachments to utility poles and wires, the creation of an eruv has often necessitated obtaining permissions, easement
Easement
An easement is a certain right to use the real property of another without possessing it.Easements are helpful for providing pathways across two or more pieces of property or allowing an individual to fish in a privately owned pond...

s, and exceptions to various local ordinances. These requirements that government give active permission for an eruv have given rise to both political and legal controversy.

In the Elstree
Elstree
Elstree is a village in the Hertsmere borough of Hertfordshire on the A5 road, about 10 miles north of London. In 2001, its population was 4,765, and forms part of the civil parish of Elstree and Borehamwood, originally known simply as Elstree....

 and Borehamwood
Borehamwood
-Film industry:Since the 1920s, the town has been home to several film studios and many shots of its streets are included in final cuts of 20th century British films. This earned it the nickname of the "British Hollywood"...

 neighbourhoods of Hertfordshire
Hertfordshire
Hertfordshire is a ceremonial and non-metropolitan county in the East region of England. The county town is Hertford.The county is one of the Home Counties and lies inland, bordered by Greater London , Buckinghamshire , Bedfordshire , Cambridgeshire and...

, United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

, a petition was circulated in 2007 condemning the proposed eruv on the grounds that it would constitute the establishment of a "Jewish state".

Legal status

In the United States, controversies about an eruv in a community are often characterized and conducted in the form of legal disputes, focusing on provisions of the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...

 of the Constitution of the United States addressing relations between government and religion. Opponents of an eruv typically take the view that government participation in the eruv process violates the First Amendment's prohibition of a governmental establishment of religion. Proponents take the view that it constitutes a constitutionally permissible accommodation of religion rather than an establishment. Proponents have also argued that the Free Exercise Clause affirmatively requires government acceptance, on grounds that government interference with or failure to accommodate an Eruv constitutes discrimination against or inhibition of the constitutional right of free exercise of religion.

In Tenafly Eruv Association v. Borough of Tenafly
Tenafly, New Jersey
Tenafly is a borough in Bergen County, New Jersey, United States. As of the 2010 census, the borough population was 14,488. Tenafly is an affluent suburb of New York City....

, 309 F.3d 144, Judge Ambro, writing for the United States Third Circuit Court of Appeals, held that Eruv Association members had no intrinsic right to add attachments to telephone poles on Borough property and that the Borough, if it wished, could enact a general, neutral ordinance against all attachments to utility poles that could be enforced against the eruv. However, Judge Ambro held that in this case the Borough had not enacted a genuinely general or neutral ordinance because it permitted a wide variety of attachments to utility poles for non-religious purposes, including posting signs and other items. Because it permitted attachments to utility poles for secular purposes, the court held, it could not selectively exclude attachments for religious purposes. The United States Supreme Court declined to hear the case. It was subsequently cited as precedent by a number of other federal courts deciding disputes between an eruv association and a local government.

In Outremont, a neighbourhood in Montreal
Montreal
Montreal is a city in Canada. It is the largest city in the province of Quebec, the second-largest city in Canada and the seventh largest in North America...

, Canada, the city adopted a policy of removing eruv wires. The Hasidic community obtained an injunction preventing such action by the city authorities.

In general, secular law has dealt with whether and to what extent government can permit or assist the erection and maintenance of boundary demarcations on public property. It has not dealt with the nature of the aggregation agreement or recognized an eruv as having legal effect or as implementing a meaningful change in real property ownership or tenancy with respect to secular law. For purposes of accident liability, trespass, insurance, and other secular matters occurring on Shabbat
Shabbat
Shabbat is the seventh day of the Jewish week and a day of rest in Judaism. Shabbat is observed from a few minutes before sunset on Friday evening until a few minutes after when one would expect to be able to see three stars in the sky on Saturday night. The exact times, therefore, differ from...

, secular law, treats the properties within an eruv as continuing to be separate parcels.

Disagreements between Orthodox groups

There are instances where various Orthodox groups, headed by their rabbis, dispute both the validity of an eruv or if an eruv can in fact be built in a neighborhood.

One of the oldest halakhic disputes in the United States revolves around the issue of an eruv in Manhattan
Manhattan
Manhattan is the oldest and the most densely populated of the five boroughs of New York City. Located primarily on the island of Manhattan at the mouth of the Hudson River, the boundaries of the borough are identical to those of New York County, an original county of the state of New York...

 (which is an island
Island
An island or isle is any piece of sub-continental land that is surrounded by water. Very small islands such as emergent land features on atolls can be called islets, cays or keys. An island in a river or lake may be called an eyot , or holm...

 bordering an estuary
Estuary
An estuary is a partly enclosed coastal body of water with one or more rivers or streams flowing into it, and with a free connection to the open sea....

 that is connected to the Atlantic Ocean
Atlantic Ocean
The Atlantic Ocean is the second-largest of the world's oceanic divisions. With a total area of about , it covers approximately 20% of the Earth's surface and about 26% of its water surface area...

), in New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...

. Some halakhic opinions refer to an island's reinforced walls against an ocean as contributing to and forming an eruv, and this view had been relied upon by rabbis in the early part of the twentieth century. In the 1950s, a proposal by Rabbi Menachem Mendel Kasher
Menachem Mendel Kasher
Menachem Mendel Kasher was a Polish-born Israeli rabbi and prolific author who authored an encyclopedic work on the Torah entitled Torah Sheleimah.-Early life:...

 to establish an eruv in Manhattan gained the support of many prominent rabbis, including Rabbis Yosef Eliyahu Henkin
Yosef Eliyahu Henkin
Rabbi Yosef Eliyahu Henkin was a prominent Orthodox rabbi in the United States.He was born in 1881 in Klimavichy, Belarus, then in the Russian Empire, and studied at the Slutzker Yeshiva under Rabbi Isser Zalman Meltzer...

, Dovid Lifshitz
Dovid Lifshitz
Rabbi Dovid Lifshitz was a distinguished Rosh yeshiva in the Rabbi Isaac Elchanan Theological Seminary for almost fifty years. He was appointed upon the invitation of Rabbi Samuel Belkin in 1944. He was also known as the "Suvalker Rav", due to his previous position as the Rabbi of the European...

, and Ephraim Oshry
Ephraim Oshry
Ephraim Oshry , author of The Annihilation of Lithuanian Jewry, was one of the few European rabbis and poseks to survive the Holocaust....

, and the Kopishnitzer, Novominsker
Novominsk (Hasidic dynasty)
Novominsk is the name of a Hasidic dynasty originating in Mińsk Mazowiecki, Poland and currently based in the United States. It also runs a yeshiva knows Yeshivas Novominsk- Kol Yehuda....

 and Radziner Rebbes. Other authorities, such as Rabbis Aharon Kotler
Aharon Kotler
Aharon Kotler was an Orthodox Jewish rabbi and a prominent leader of Orthodox Judaism in Lithuania, and later the United States, where he built Beth Medrash Govoha in Lakewood Township, New Jersey.- Early life :...

 and Moshe Feinstein
Moshe Feinstein
Moshe Feinstein was a Lithuanian Orthodox rabbi, scholar and posek , who was world-renowned for his expertise in Halakha and was regarded by many as the de facto supreme halakhic authority for Orthodox Jewry of North America during his lifetime...

, raised objections, and a major controversy ensued. In the end the opponents Agudas Horabonim
Union of Orthodox Rabbis
The Union of Orthodox Rabbis of the United States and Canada also known as the Agudath Harabonim , and sometimes as the UOR, was established in 1901 in the United States and is among the oldest organizations of Orthodox rabbis which could be described as having a Haredi worldview...

 issued a declaration opposing it.

In June 2007, the East Side portion of the internal Manhattan Eruv was completed, offering an eruv within Manhattan to Orthodox Jews living on the East, Upper East, and Upper West Sides. There are also two eruvin in Manhattan's Washington Heights
Washington Heights, Manhattan
Washington Heights is a New York City neighborhood in the northern reaches of the borough of Manhattan. It is named for Fort Washington, a fortification constructed at the highest point on Manhattan island by Continental Army troops during the American Revolutionary War, to defend the area from the...

, one covering the Yeshiva University
Yeshiva University
Yeshiva University is a private university in New York City, with six campuses in New York and one in Israel. Founded in 1886, it is a research university ranked as 45th in the US among national universities by U.S. News & World Report in 2012...

 area and another that is part of Mount Sinai Jewish Center covering the Fort Washington
Fort Washington (New York)
Fort Washington was a fortified position near the north end of Manhattan Island and was located at the highest point on the island. The Fort Washington Site is listed on the U.S...

 area.

Another ongoing dispute is the status of two inter-connected eruvin in Brooklyn
Brooklyn
Brooklyn is the most populous of New York City's five boroughs, with nearly 2.6 million residents, and the second-largest in area. Since 1896, Brooklyn has had the same boundaries as Kings County, which is now the most populous county in New York State and the second-most densely populated...

: The Flatbush
Flatbush, Brooklyn
Flatbush is a community of the Borough of Brooklyn, a part of New York City, consisting of several neighborhoods.The name Flatbush is an Anglicization of the Dutch language Vlacke bos ....

 eruv and the Boro Park
Borough Park, Brooklyn
Borough Park , is a neighborhood in the southwestern part of the borough of Brooklyn, in New York City in the United States....

 eruv. The Boro Park eruv was built and not accepted by some of the Hasidic
Hasidic Judaism
Hasidic Judaism or Hasidism, from the Hebrew —Ḥasidut in Sephardi, Chasidus in Ashkenazi, meaning "piety" , is a branch of Orthodox Judaism that promotes spirituality and joy through the popularisation and internalisation of Jewish mysticism as the fundamental aspects of the Jewish faith...

 community and rejected by most of the non-Hasidic "Lithuanian
Lithuanian Jews
Lithuanian Jews or Litvaks are Jews with roots in the Grand Duchy of Lithuania:...

 yeshiva
Yeshiva
Yeshiva is a Jewish educational institution that focuses on the study of traditional religious texts, primarily the Talmud and Torah study. Study is usually done through daily shiurim and in study pairs called chavrutas...

" communities. The Flatbush eruv was originally built with the support of the Modern Orthodox
Modern Orthodox Judaism
Modern Orthodox Judaism is a movement within Orthodox Judaism that attempts to synthesize Jewish values and the observance of Jewish law, with the secular, modern world....

 community and was later enhanced with the support of some local non-Modern Orthodox yeshiva families. It was totally rejected by the many "Lithuanian yeshiva" communities led by the rosh yeshiva
Rosh yeshiva
Rosh yeshiva, , , is the title given to the dean of a Talmudical academy . It is made up of the Hebrew words rosh — meaning head, and yeshiva — a school of religious Jewish education...

s ("deans") of the large yeshivas Yeshiva Rabbi Chaim Berlin
Yeshiva Rabbi Chaim Berlin
Yeshiva Rabbi Chaim Berlin or Yeshivas Rabbeinu Chaim Berlin, is a Haredi Lithuanian-type yeshiva located in Brooklyn, New York. Established in 1904 as Yeshiva Tiferes Bachurim, it is the oldest yeshiva in Kings County...

, Mir yeshiva
Mir yeshiva
Mir Yeshiva or Mirrer Yeshiva may refer to:* Mir yeshiva * Mir yeshiva * Mir yeshiva...

, and Yeshiva Torah Vodaas
Yeshiva Torah Vodaas
Yeshiva Torah Vodaas is a yeshiva located in the Kensington neighborhood of Brooklyn, New York.- History :...

 that are based in the Flatbush section of Brooklyn. In the Williamsburg
Williamsburg, Brooklyn
Williamsburg is a neighborhood in the New York City borough of Brooklyn, bordering Greenpoint to the north, Bedford-Stuyvesant to the south, Bushwick to the east and the East River to the west. The neighborhood is part of Brooklyn Community Board 1. The neighborhood is served by the NYPD's 90th ...

 section of Brooklyn, there is some dispute over the making of an eruv, with Rabbi Zalman Leib Teitelbaum, the Satmar Rebbe of Williamsburg leading the opposition to an eruv.

External resources

General

Textual resources
  • Tractate Eruvin: Mishnaic text with the commentary of Rabbi Pinchas Kehati
    Pinchas Kehati
    Pinchas Kehati was a rabbi and the author of משניות מבוארות Misnayot Mevuarot which is a commentary and elucidation on the entire Mishnah. This work was written in Modern Hebrew...

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