(2016/5777)

Last week, we presented the opinion of Rav Yosef Gavriel Bechhofer who insists that a Lechi be affixed to each and every utility used to create a community Eruv. We noted, however, that both Rav Moshe Feinstein and Rav Zvi Pesach disagree with Rav Bechhofer and require a Lechi only on the first and last of a series of utility poles that run in a straight line. We continue our presentation with a discussion of Rav Bechhofer’s second reason for his stringent ruling.

Rav Bechhofer’s Second Reason

Rav Bechhofer takes his issue a step further, arguing that failure to install a Lechi at each pole will likely result in the invalidation of the Eruv. Rav Bechhofer believes that the horizontal Eruv wire must run in a perfectly straight trajectory in order to be valid. He argues that installing a Lechi on each pole is the only manner in which to achieve this goal.

As noted, Rav Moshe and Rav Zvi Pesach (as is evident from his Teshuvah quoted in last week’s issue) do not subscribe to this view. In addition, as noted in my Gray Matter (1:189), Teshuvot Imrei Yosher (2:133) permits the horizontal wire to deviate up to three Tefachim (nine to eleven inches). Some authorities support the view that the horizontal wire need not be perfectly straight from the fact that the Gemara (Eruvin 11a) describes an Eruv made of grapevines, which are not completely straight. We noted in Gray Matter that Rav Yosef Dov Soloveitchik also did not require that the horizontal wire proceed in a perfectly straight trajectory[1].

In the Teaneck Eruv, where Rav Schachter and Rav Willig’s approach to this issue is followed, care is taken to ensure that the wire is reasonably straight (less than approximately a five degree change of direction), especially whenever a Lechi is not attached to a pole.

A Practical Advantage and a Practical Disadvantage to a Lechi on Every Pole

While Rav Bechhofer makes cogent arguments for the Lechi on each pole approach, those who disagree make a compelling case as well. Based on my nearly thirty years of experience with Eruv construction and maintenance, I have concluded that there are practical considerations arguing both for and against the strict approach. The practical advantage to having a Lechi on every pole is that each Lechi serves as a pointer so that the inspector can easily recognize to which wire the Lechi is connected. This helps the Eruv inspectors properly track the presence of the wire and makes it very apparent if the utility company moved the wire (which they sometimes do).

The practical difficulty with implementing the Lechi on each pole approach is that it makes Eruv maintenance very challenging. A typical community Eruv has a minimum circumference of eight miles. Requiring a Lechi on each pole often results in having approximately five hundred Lechis to inspect on a weekly basis. Experience teaches that Lechis must be thoroughly inspected from top to bottom, as they are prone to break[2]. It is very challenging for one team of inspectors[3] to thoroughly inspect five hundred Lechis each week. An average size Eruv with a Lechi on each pole needs at least two teams of inspectors on a weekly basis to perform a thorough and proper inspection of the Eruv. The need to inspect so many Lechis adds to the cost of Eruv maintenance. The Gemara’s teaching of “Tafasta Merubah Lo Tafasta” (Rosh Hashanah 4b) teaches us that when you grab for too much, you will not be successful. Rabi Yochanan ben Zakai teaches the value of “Hatzalah Purta,” avoiding overly ambitious goals, which often times results in achieving nothing[4].

Cost to the community is an issue as well. It is advisable (and some municipalities require) to hire a professional to install Lechis to a utility pole. Professionals charge from fifty to seventy-five dollars per Lechi installed. Requiring the installation of a Lechi on each pole dramatically increases the construction and maintenance costs of an Eruv.

Rav Schachter’s Compromise Approach

Rav Hershel Schachter adopts a compromise approach to this issue. He notes that the Gemara[5] (Eruvin 11b) requires that the Tzurat HaPetach be sufficiently sturdy to support at least a nominal door, namely a door made of straw. Rav Schachter[6] understands this Gemara to mean that the two Lechis of a Tzurat HaPetach must together be able to support at least a door of marginal weight. Rav Schachter estimates that the maximum distance at which two Lechis could support a minimal door is approximately one and a half blocks[7].

One may support this approach from Rashi to Eruvin 11a (s.v. UMatach Zemorah), who explains that in creating a Tzurat HaPetach, we are trying to emulate a real door frame (Mei’ein Tzurat HaPetach; which fits with the explanation of Tzurot HaPetach we cited earlier from Rav Schachter). One could argue that in a situation where Lechis are positioned very far away from each other, what has been created hardly resembles an actual doorframe.

The Teaneck Eruv follows Rav Schachter’s approach to this issue and does not tolerate a distance of more than approximately .075 of a mile between Lechis. On a practical level, this keeps the Eruv at a reasonable amount of Lechis instead of having a Lechi on every single pole. On the other hand, the relatively frequent presence of Lechis help inspectors bear in mind which wire is being used, and the inspectors will still notice if a wire utilized to create the Eruv is missing.

Conclusion

Although Rav Bechhofer presents a good case for installing a Lechi on each pole, an equally compelling argument can be made for those who disagree. Each community must decide what is appropriate based on which approach the local Rav find most persuasive. An assessment also must be kept as to whether adopting the strict approach enhances or detracts from the Halachic integrity and quality of the Eruv[8].

Postscript

Dr. Bert Miller[9] (“Eruv Manual,” Eruv Story Number 30) reports the view of Rav Moshe Heinemann[10] regarding this matter as follows: “The practice of attaching a Lechi on each pole that runs in a straight line was a stringency (Chumra).” Rav Heinemann believes that the essential Halachah follows Rav Moshe Feinstein, who believes that a series of utility poles that run in a straight line[11] need only a Lechi at the beginning and end of the series. Dr. Miller reports that Rav Heinemann was willing to rely on Rav Moshe when building an enclosure to box out a Karpeif[12] from an Eruv.

[1] The fact that Rav Moshe and Rav Soloveitchik were raised in Eastern Europe and did not require a perfectly straight horizontal wire suggests that Jews in Eastern Europe did not have a tradition to maintain perfectly straight wires.

[2] This problem, though, is significantly reduced when using one inch conduit as the material to create the Lechi. Many Eruvin have recently upgraded to this better quality material instead of the black tubing that has been commonly used for Lechis.

[3] It is proper for one person to drive the car and another to inspect the Eruv. One who both drives and inspects the Eruv does neither task properly. A proper Eruv inspection includes a full visual inspection of each Lechi from top to bottom to make sure it remains completely intact.

[4] Reb Elya Lichter, who served as the Gittin Sofer for both Rav Moshe Feinstein and Rav Eliyahu Henkin, told me that Rav Moshe would counsel Get administrators to aim to create a Get that is Kasher BeDi’eved, essentially Kosher, because when one seeks to make a Lechatchilah (ideal) Get, he very much risks making an invalid Get. I have seen this happen with communities that installed a Lechi on each pole, seeking to make a “Lechatchilah Eruv,” and they wound up with a disqualified Eruv, since there were too many Lechis for the inspectors to maintain.

An additional consideration is that a very large Eruv with a Lechi on each pole requires multiple Eruv inspectors to conduct a proper weekly inspection of the Eruv. Many communities find it difficult to find even one competent and diligent Eruv inspector.

[5] This Gemara is codified in the Shulchan Aruch (Orach Chaim 362:11).

[6] Rav Moshe and Rav Zvi Pesach, who place no maximum on the distance between Lechis, would explain the Gemara as teaching that each individual Lechi must be sufficiently sturdy to support a minimal door. This teaches that the Lechi must be made of a substantial material, unlike the horizontal wire which may be made of a most flimsy material (as stated in the Shulchan Aruch O.C. 362:11).

[7] Rav Schachter told me that this refers to a block such as from 185th street to 186th street in Manhattan (which is 285 feet or so), making the block and a half to be approximately .075 of a mile. In practical terms, this usually means that one may skip a maximum of three poles on which no Lechi is placed. Rav Schachter told me that in a case of great need, one could tolerate a distance of up to two blocks (.1 of a mile or, in most cases, skipping a maximum four utility poles).

[8] Smaller communities might also have to maintain a more minimal footprint as the local utility may be unwelcoming to installing a Lechi on a very large number of poles.

[9] Dr. Miller has worked very closely with Rav Heinemann for the last thirty five years to create and maintain the Baltimore Eruv.

[10] Many Eruvin in North America, especially those in Chareidi communities, are created and maintained under the supervision of Rav Heinemann.

[11] I have heard from Talmidim of Rav Moshe that Rav Moshe did not require the Eruv line to run in a perfectly straight line. Rav Moshe ruled that the line could veer up to three Tefachim (10 inches, according to Rav Moshe’s standards) and remain acceptable.

[12] The topic of Karpeif and boxing out a Karpeif from an Eruv is explained in Gray Matter (1:192-194).