Who Said You Can`t Make An Eruv In Crown Heights?

1 ‫ב"ה‬
Who Said You Can't Make An Eruv In Crown Heights? An Anthology 2 Table of Contents Preface…………………………………………………………………….………..….3 Rulings The Rebbe's Response…………………………………………………….…….4 Melbourne Rabbonim Ruling…………………………………………………5 Reb Zalman Shimon Dvorkin and other Lubavitcher Rabbonim Rule on Eruv…………………………………………………….………….……..6‐7 Harav Moshe Feinstein and Harav Yoshe Ber Soloveichik Oppose Eruv in Large Cities……………………………….………….……..8 Talks Making an Educated Choice – From a talk in Kolel by Harav Heller……………………………………………………………………..………..9‐11 Understanding Our Position – From a talk in Kolel by Harav Heller…….………………………………….…………………………….……..12‐15 3 Preface For 75 years, Lubavitcher chassidim lived in Crown Heights and the Rebbeim never built or encouraged the building of an eruv. On the contrary, the Rebbe expressed his opposition to building an eruv in Crown Heights. R. Hirshel Chitrik a"h related how when he was the chairman of the Vaad Hakahal he wanted to build an eruv in Crown Heights, and the Rebbe strongly refuted the thought (this can be verified with his family). This is consistent with the Rebbe's stance against building eruvin in large cities in general. Recently, members of a Crown Heights shul which do not subscribe to the standards and basic practices of our Rebbeim to say the least, announced that they have secretly made an eruv in conjunction with a nearby Modern Orthodox Synagogue. They have not provided a name of a posek who oversaw the building of their eruv, nor one who takes responsibility for its ongoing hashgacha. Crown Heights Rabbonim have unanimously opposed the building of any eruv in Crown Heights, and have declared that one who uses this supposed eruv is a "Mechalel Shabbos." Even an eruv builder who they brought to look at their eruv declared that he found their eruv to be invalid. We have compiled here many documents on the subject so that each one of Anash, Chassidei Chabad, can make an educated decision. The Editors 4 The Rebbe: "A Dreadful Stumbling Block" Tzadik L'Melech 7 page 226 The Rebbe's response to Rabbonim in Melbourne, Australia who wanted to construct an eruv. "My opinion is well known that in this generation a recognized man or organization which makes an eruv and knows that it will eventually become publicized – this is a dreadful stumbling block. For it is impossible that there won’t be one Shabbos when the eruv will be possul – and having become used to carrying on Shabbos all announcements and notices that the eruv is possul and that it is forbidden to carry will not help to stop people from carrying. An eruv should therefore only be made in secrecy." In this response, the Rebbe clearly negates the argument that today there are better ways to spread the message (SMS etc.), since "all announcements and notices that the eruv is possul and that it is forbidden to carry will not help." It is worth noting that this is only one of the many reasons that the Rebbe provided for his opposition of building eruvin for public use. 5 Melbourne Rabbonim Rule Against Eruv Following the Rebbe's response, the rabbonim of Melbourne (including Lubavitcher rabbonim Rabbi Yitzchok Dovid Groner, Rabbi Chaim Gutnick and, l'havdil bein chayim l'chaim, Rabbi Sholom Ber Gutnick) signed a call not to build or use an eruv in Melbourne. 6 Crown Heights Rov Reb Zalman Shimon Dvorkin and Other Prominent Lubavitcher Rabbonim Rule: Impossible to Make an Eruv in Large Cities A recently discovered document reveals that great Poskim, among them prominent Lubavitcher Rabbonim, had long addressed the possibility of building an eruv in Crown Heights. The psak which was signed in Kislev 5739‐1978 includes the signatures of R. Zalman Shimon Dvorkin, longtime Rov of Crown Heights, R. Pinchus Hirshprung, Chief Rabbi of Montreal and Rosh Yeshivah of the Lubavitch Yeshivah of Montreal, R. Ephraim Eliezer Yolles, Rov of Philadelphia and mekurav to the Rebbe, and R. Meir Greenberg, Rosh Yeshivah of the Lubavitch Yeshivah of Morristown and Rov of Patterson NJ. In the psak, the Rabbonim declare that there is no way to build an eruv in any large metropolis, and an eruv that is built is totally invalid. They conclude: "We therefore strongly warn all members of the Jewish community in each and every city, not to build an eruv in any city, and not to rely on an eruv made against the opinion of Gedolei Yisroel. Whoever relies on the eruv is considered a Mechalel Shabbos." 7 8 Harav Moshe Feinstein: One who Carries is Literally a Mechalel Shabbos B'farhesia Harav Yoshe Ber Soloveichik: No Knowledgeable Rov will Permit the Eruv Harerei Kedem Moadim page 348 Rabbi Michel Zalman Shurkin, preeminent talmid of Harav YB Soloveichik relates: "When a number of modern rabbis in Flatbush wanted to build an eruv to carry in the streets on Shabbos, the rabbonim of Agudas Horabbonim led by Harav Moshe Feinstein all disqualified the eruv. The rabbonim brought a draft of the prohibition to Harav Moshe Feinstein to sign, and there it was written that one who carries on Shabbos with the eruv is like a Mechalel Shabbos b'farhesia (in public). I saw that R. Moshe asked the representative of the Agudas Horabbonim for a pen, and he changed it from 'like a Mechalel Shabbos B'farhesia' to 'is a Mechalel Shabbos B'farhesia.' "And when those who permitted it called Harav Yoshe Ber Soloveichik he prohibited it fiercely and told them that they would not find any knowledgeable Rov who would permit the eruv." 9 Making an Educated Choice Notes from a talk in Kollel by Harav Heller Shlita Using an Eruv Anywhere
I'm going to discuss a concept which needs to be understood. We need to not only know what to do, but also understand how to explain it to others. When a yungerman goes to a place with an eruv he may ask, “Can I carry? Can my wife carry? Can I ask a non‐Jew to carry? Does Chabad hold of eruv?” Eruv is a concept in Torah and halacha, and one who does not hold of the concept of eruv is an apikoros. There is no such thing as "not holding of eruv." However, you can say you don’t hold of “this” eruv. Very few people know how to make a proper eruv in a city. In order to make an eruv you have to be a real serious mumche, not just a normal Rov. I cannot make an eruv. You need to be an expert, like a heart surgeon. The halachos of eruv are extremely complex and maybe even harder than heart surgery. A general doctor cannot perform a heart surgery. Only singular people know how to make an eruv; Eiruvin is from the most difficult maschectos. Before you think about relying on an eruv you must find out who built it. You need his name and address. Once you know who made the eruv originally you must find out who is responsible now to make sure it is still kosher every week. An eruv sometimes breaks: a road may be built, a goy may break it intentionally, or it may rip due to natural causes. Therefore you need to know who is responsible now for the eruv every week. (Similarly when someone looks into a mikvah they need to know who built it and whether he is an expert knowledge of the halachos, and also who is responsible now for the upkeep and its continued kashrus. Someone once told me that when he was in Italy he saw a mikvah without any rain water. When he asked the local Rabbi about this the Rabbi answered, “What do you mean? It was made by the great Rabbi Avrohom Sofer!” When Rabbi Avrohom Sofer made it there was rain water… One has to know who the mashgiach of the mikvah is today.) 10 After you settle the above two questions in a satisfactory manner, you then need to contact the one who made it and ask him, “What type of eruv did you make?” Is it an eruv that is Mehadrim min hamehadrin without any questions? Or only for shas hadchak and so forth? I once asked R. Sholomo Miller about the eruv he built in Toronto and he told me it is one of the best eruvin in America, yet Bnei Torah shouldn’t use it. With "bnei Torah" he meant those who are mehader b’mitzvos. He built the eruv, yet it was clear to him that someone who is mehader b’mitzvos shouldn’t use it. Only after you know who made the eruv, who is responsible for the eruv and that it is kosher according to all the poskim and specifically the Alter Rebbe, then you may carry. There is also a personal chumra that some individual chassidim have not to use an eruv in a city which is constructed of strings since it may become torn during Shabbos. However, this is just a chumra of individuals. (This chumra wouldn’t apply in a bungalow where you can see the entire time if it broke or not, just in a city.) An Eruv in Crown Heights One time someone had a child and didn’t make a pidyon haben. When he was asked why he didn’t make a pidyon haben he replied that there were three reasons: 1) My wife is a bas levi, 2) She had a miscarriage before, and 3) the baby is a girl. It is understood that the first two questions are irrelevant when the third factor is present. The same can be said about the eruv here in Crown Heights. There are three problems with it: 1. No one knows who made it. If someone came from New Jersey and opened up a butcher shop and we had no idea who are the schochtim, mashgiach, rav hamachshir, menakrim, bodkim etc. no one would think of eating from the meat. So too the eruv in crown heights, not one person knows who actually made the eruv. 2. Even if we would know who built the eruv, there is no one taking responsibility for the continued kashrus of the eruv. It could be that it was broken by bochurim, by goyim, by weather, maybe someone built something that broke the eruv, maybe they took down the eruv to allow a truck to pass, and so on. 11 3. You can’t make an eruv in crown Heights. Crown Heights is unlike Borough Park where there is a machlokes if one can make an eruv or not. Great rabbonim made the eruv there and say you could use it, while other great rabbonim say that an eruv cannot be made there. It was always the subject of a machlokes. However, with regards to making an eruv in Crown heights, there is not one reliable Rov with even a remote connection to paskening shailos who says that is possible to make an eruv in Crown Heights. The eruv is not posul, there simply is no eruv. A beautiful mikvah with a shower and a place to immerse but without rain water is not a "posul mikvah," but it is not a mikvah in the first place. Similarly, the eruv is non‐existent (gornisht mit gornisht). This must be explained to people. In order for someone to be considered reliable (bar samcha) for the construction of an eruv he must be a Rov in other areas as well. A heart surgeon cannot just learn about making heart surgeries, he has to first be a general doctor. First, he must know how all the organs of the body work, and then he can specialize. The heart does not function in isolation, but in tandem with the other organs. If someone travels across America and makes a living by building eruvin (or mikvaos for that matter), even if took special lessons or taught himself how to make an eruv (or a mikvah), yet if he is ignorant in other areas of halacha, he cannot be relied about. An eruv or mikvah must be constructed by a Rov baal hora'ah, who learns Gemara and Halacha in‐depth with mefarshim. Otherwise, he has no connection to making mikvah and one should not ask him questions or rely on him at all. Even if someone was learned in Yeshiva but hasn’t learned properly in 30 years, he cannot be relied upon. Having learned in the past is not enough. Regarding the defense policy in Eretz Yisroel the Rebbe said that you have to consult those who are in the army. The Rebbe was challenged that the politicians were once in the Army. The Rebbe said that those politicians are not currently in the army, but are in politics and therefore mix politics into everything, and you cannot rely on their opinion about defense. A person who learned years ago, but today is only involved in building eruvin cannot be relied upon. With regards to the eruv in Crown Heights we are talking about someone without a name who built it, and another nameless person who is responsible for it, and on top of that, all poskim are is in agreement that it is impossible to make an eruv here. Not one reliable person (bar samcha) has said that you can make an eruv in Crown Heights. Even if there would be one reliable person who said it is possible 12 and another reliable person who said you may not it would still be a sofek d'oraisa of chilul Shabbos. In actuality there isn’t even one reliable person who said it is doable. What We Can Do? If this is explained properly a good amount of people will accept it. If you see someone carrying and you don’t say anything, you are consenting to what they are doing. You must say something. It should be bdarchei noam uvdarchei sholom, but you must say something. You must make it clear. If someone grew up elsewhere and arrived in town, and he hears there is an eruv without knowing anything about what the rabonim said and he carries, he is considered a mechalel shabbos bshogeg. However, someone who grew up in our mosdos, knows what the rabbonim say and still uses the eruv is considered a mechalel Shabbos bmeizid. Such a person can be suspected of carrying before there was an eruv as well (when no one was looking) or other forms of chilul Shabbos. Of course there is the mitzvah of ahavas yisroel and we have to try to influence him. I hope such people don’t exist. Chilul Shabbos is a very severe matter, and one who is mechalel Shabbos bmeizid is considered like a goy with regard to certain matters. There are enough other things that are being played with; are we now going to start playing with chilul Shabbos? To play around with Shabbos, the Alter Rebbe and the Rebbe in his daled amos is dreadful. We must make this issue clear and explain it bdarkei noam ubdarkei sholom, and Hashem should help that there should be sholom al Yisroel. 13 Understanding Our Position Notes from a talk in Kollel by Harav Heller Shlita In order to make statements about Hilchos Shabbos one must know hilchos shabbos. R. Moshe Feinstein and R. Zalman Shimon Dvorkin knew hilchos Shabbos and they both said it is impossible to make an eruv in big‐city neighborhoods such as Crown Heights. The halacha is that one cannot enclose a Reshus Harabim using a tzuras hapesach (a wire eruv), and it requires actual walls. I would like to explain why I hold that Crown Heights is a Reshus Harabim and therefore a tzuras hapesach eruv cannot permit it. Many opinions consider a street that is 16 amos wide (24 feet) to be a Reshus Horabim. The Alter Rebbe says (345:11,) that in such a case ‫כל ירא שמים יחמיר‬
‫לעצמו‬. For us Chasidim, the Alter Rebbe’s words are enough (the Tzemach Tzedek writes the same in Chidushim on Eiruvin). There are other opinions that there must also be 600,000 people for it to be considered a reshus harabim min hatorah. That exists in Brooklyn. This is the psak of R. Moshe Feinstein and R. Zalman Shimon Dvorkin. Even if you'll find a contemporary Rabbi who claims otherwise – it is irrelevant. You can always search on the internet and find someone who will give you a heter for anything. Reb Shlomo Zalman Auerbach who was himself one of greatest geonim of our times said Reb Moshe is in another league completely than all other contemporary poskim. Reb Moshe could finish the entire mesechta Zevachim on a Friday night after the meal. I saw this myself; I was by him several times. * The Gemara says that R. Yossi Haglili ate chicken with milk. If someone will say that “You don’t have to be more frum than Rabbi Yossi Haglili,” we certainly wouldn't take him seriously. I am talking only to those who are interesting in doing the right thing. It doesn’t matter whether it is an issur d’oraisa or an issur midraban. Chicken with milk is also only an issur drabanan and so is the second day of Yom Tov. Also, chometz on Pesach is boteil bshishim mid’oraisa, and the prohibition of 14 intentionally canceling forbidden foods (ein mevatlin issur lechatchila) is also only midrabanan. If someone is only concerned about an issur d’oraisa he can take chometz on Pesach and dip it into his food as long as there is sixty times the amount in his bowl. However, since there are some people who are less concerned of an issur drabanan, I will explain why carrying in Crown Heights touches upon an issur d’oraisa. If someone were to build a proper tzuras hapesach (wire eruv) around a reshus harabim it is only an issur drabanan to carry there (according to some opinions, while others say that it remains an issur d'orasia – Tzemach Tzedek Chidushim Eiruvin and Shut Divrei Nechemya 23). However, to make a proper tzuras hapesach you must know the halachos of eruvin well and you need to check the eruv properly. You cannot just check from a car, you have to walk by foot around the entire Crown Heights (not a short distance). You have to check every single inch of the way to make sure everything is in place. No one is giving testimony that this was done or by whom. Even if great poskim would come and say that an eruv can be built, Anash are bound by the psak of the Alter Rebbe and the Tzemach Tzedek. It's not enough to say that the Rebbe said not to build, even though that it's completely true, because they could answer that they're not so mekushar to follow every hora'a of the Rebbe. [One may also not be lenient and ask goy to carry, even in order to make a bris in shul, how much more so for a kiddush or to visit family. For the past 60 years no one ever brought a child to shul for a bris with a goy. (If one has a major need, a Rov may give a heter, but it is necessary to ask. The only situation when you don't need to ask a Rov is in a case of true Pikuach Nefesh.)] * America is a free country. We aren’t here to fight a war against anyone else. I am speaking for a Lubavitcher chossid who wants to do the right thing. I hope this is not actually applicable, and no one will ever actually carry, but I must mention it. If you see someone carrying and you don’t say something, your children may draw the following conclusion: There are fine Jews who put on the Rabeinu Tam Tefilin and there are other fine Jews who don’t. There are some Jews who daven nusach ari and there are Jews who daven a different nusach. And likewise: There are fine Jews – even Lubavitcher chassidim – who carry, and there are fine Jews who don’t. Not only will your children make this mistake, but you may also begin to think this way over time. 15 If you see someone pushing a stroller you can’t say anything because maybe she has a heter to take her child to doctor or something. But if you see someone carrying a chulent, you should say something. If someone does toifer or koreia on Shabbos he is desecrating Shabbos – either knowingly or mistakenly. However, if he uses the eruv he is making a pirtza (breach) in the observance of Shabbos. He is opening a massive dam for an entire sea of Chilul Shabbos to come rushing through. This doesn't only affect him, but it affects us as well. Therefore, if you see someone carrying you should say something out of ahavas Yisroel, and for your own sake so that your children won't think that it is an acceptable minhag. This is true even if that person claims he has his own “Rabbi”. This is like saying that there is the opinion of the Chasam Sofer, but Rabbi Micky from Flatbush also has his opinion. There is a Young Israel rabbi that argues with Rabbi Akiva Eiger. Someone from Reform Temple Imanuel disagrees with Reb Moshe Feinstein. This is not a valid argument. They are not qualified to argue with Reb Moshe and Reb Zalman Shimon Dvorkin. Someone who learned in Yeshiva and says otherwise and carries is considered a mechalel Shabbos b’meizid. If someone only recently converted to Judaism or became frum then we can be melamed zechus and say he is a mechalel Shabbos only bshogeg. If a gabbai allows people to carry for kiddushim or bring strollers to shul you may not daven in such a shul. You should quietly find another shul to daven in. If you are at a simcha and see that a goy brings something on Shabbos you must leave immediately. A caterer which brings food on Shabbos, even by a goy, has no chezkas kashrus, and you cannot eat their food. * The Gemara says that all leitzanus is forbidden except the leitzanus of avoda zara. The reason that it is permitted to make fun of avoda zara is that since avoda zara doesn’t make logical sense you can’t fight it with logic. You can’t fight foolishness with intellect. The eruv of crown heights isn’t even on the level of leitzanus. Avoda zara is at least possible to misconstrue as real. An eruv which no reliable person has confirmed has no basis in reality. We must make it clear that carrying on Shabbos in Crown Heights is not a valid position according to Torah. Rather it is the same thing as Reform, the Tzedukim, Baitusim, and so on. If this isn’t clear who knows where it will end up. I am talking for myself and my children. I want to be an “old‐fashioned” Lubavitcher, in the ways of the Rebbeim and the Baal Shem Tov. 16