A gentleman who is particularly scrupulous regarding Halachah asked if he could carry within a White Plains, New York hospital despite the fact that an Eruv Chatzeirot had not been made for this specific location. The White Plains Orthodox community does maintain an Eruv Chatzeirot for its community Eruv. Even though the hospital is included within the Eruv, the individual in question wished to heed the Mishnah Berurah’s call to scrupulous individuals (Ba’alei Nefesh) to avoid the use of community Eruvin. If he does not rely on the community Eruv, one could argue that he does not have access to the community Eruv Chatzeirot, and thus he may not rely upon the latter to carry within the hospital. In this chapter, we will explain why it is acceptable, even for Halachically scrupulous individuals, to rely on a surrounding community’s Eruv Chatzeirot to carry within areas such as the White Plains hospital despite their reluctance to rely upon community Eruvin. In the process, we hope to shed more light on the concept of Eruv Chatzeirot.

Lenient Consideration #1 - Tefisat Yad Ba’al HaBayit 

The first consideration is based on the Halachah that the requirement of an Eruv Chatzeirot does not apply if the landlord stores property in all of the residences (Tefisat Yad Ba’al HaBayit; Shulchan Aruch Orach Chaim 370:2,4). As aforementioned, Rav Moshe Feinstein (Teshuvot Igrot Moshe Orach Chaim 1:141) rules that a landlord who rents out items (such as stoves or refrigerators) with every apartment is considering to be "storing" his property with the tenants, so no Eruv Chatzeirot is required.  

This ruling most certainly applies to a hospital, since the hospital stores a lot of equipment in each of the patients’ rooms.  Although Teshuvot Devar Avraham (3:30) and Rav Yosef Dov Soloveitchik (cited in Nefesh Harav p. 170) disagree and rule that the Halachah of Tefisat Yad Ba’al HaBayit does not apply if the owner places the equipment for the need of the visitor living in that space. Nonetheless, we may rely on Rav Moshe’s ruling as a Senif, a component of a lenient ruling.  This is especially true in the case of great need. Such need is readily apparent in the hospital setting as observant patients and their families often retrieve Shabbat food and other needs from the hospital kosher room, designed to meet the special needs of Jewish patients.

Lenient Consideration #2 - Matzi LeSalukinhu 

Tosafot (Eruvin 72a s.v. UModin) rule that a teacher or scribe that one hosts in his house does not create a need for an Eruv Chatzeirot even if the portion of the house in which he lives has a separate entrance. Tosafot present three reasons for this ruling.  First, they explain that one does not provide the space with the intent that the guest prohibits him to carry within the home.  Second, since the guest relies on the home for his needs such as cooking and baking, he is not considered as a separate entity but rather a member of the household.  Finally, the owner is able to remove the guest from his home at will at any time (Matzi LeSalukinhu).  

The Shulchan Aruch (Orach Chaim 370:3) rules in accordance with Tosafot.  The Biur Halachah (ad. loc. s.v. Einam Oserim) rules that the Halachah applies even if just the last reason of Matzi LeSalukinhu applies. Accordingly, Rav Moshe Heinemann rules that a hospital does not require an Eruv Chatzeirot since the patients may be moved at the hospital’s discretion.  

However, the Chazon Ish (Orach Chaim 90:32) strongly rejects the Biur Halachah and rules that an Eruv Chatzeirot is required unless all three of Tosafot’s reasons apply.  Rav Shlomo Zalman Auerbach (Teshuvot Minchat Shlomo 2:35:24) is concerned for the opinion of the Chazon Ish, regarding the specific question of requiring an Eruv Chatzeirot in the hospital. 

Lenient Consideration #3 - Host Providing Food 

Rav Shlomo Zalman presents another reason to be lenient based on Eruvin 72b-73a and Shulchan Aruch Orach Chaim 370:5. The Gemara and Shulchan Aruch teach that if the owner provides food for all the residents of the courtyard, an Eruv Chatzeirot is not needed.  This reason alone, though, does not suffice to permit carrying without an Eruv Chatzeirot since this Halachah might apply only if the owner lives in the courtyard (see Biur Halachah ad. loc. s.v. VeHani Mili), a condition which does not apply to a hospital. 

Lenient Consideration #4 - A Residence Not of One’s Choice 

Rav Zvi Sobolofsky raises another reason to be lenient regarding an Eruv Chatzeirot in a hospital.  He cites the Gemara (Yoma 10b) which presents Rabi Yehudah’s opinion that “Dirah Ba’al Korcha Lo Shemei Dirah,” “if one resides in a place against one’s will it is not considered a residence”. Thus, since one could argue that one is hospitalized against his will (as he would much rather not be hospitalized), then his residence does not generate an obligation of an Eruv Chatzeirot.  Although this argument is highly debatable one could add it to the long list of Senifim LeHakeil, components of a lenient ruling.  

Lenient Consideration #5 – the Local Community Eruv

Rav Shlomo Zalman Auerbach combines many of the above arguments to not require an Eruv Chatzeirot in a hospital that is encompassed by a community Eruv.  He rules that one may combine the many lenient factors in addition to the fact that a community Eruv is accepted even by the Mishnah Berurah as acceptable as baseline Halachah.  Rav Heinemann, though, permits carrying within a hospital without an Eruv Chatzeirot even within a hospital that is not encompassed with a community Eruv.  Rav Natan Gestetner (Teshuvot LeHorot Natan 5:29:9) rules that one may carry in a hospital without an Eruv Chatzeirot even in a community without an Eruv, especially in case of patient need.  

Based on the five lenient considerations we set forth, this author ruled (following Rav Shlomo Zalman’s ruling) that one may carry within the White Plains hospital even for those who strictly adhere to higher halachic standards.  This is especially so in regards to Eruv Chatzeirot regarding which the Gemara (Eruvin 46a) specifically teaches “Halachah KeDivrei HaMeikel Be’Eruv,” “the Halacha follows the lenient opinion in regards to disputes in the area of Eruv Chatzeirot.”

Other Areas – Students in a Dormitory

If the students all eat together in one cafeteria, an Eruv Chatzeirot is clearly not necessary. However, if they do not, then Rav Schachter believes (as stated in a lecture at Yeshiva University) that, nonetheless, an Eruv Chatzeirot is not necessary.  He combines Rav Moshe’s leniency regarding the Yeshiva’s property in each dormitory room with the fact that the Yeshiva can change the students’ room at will.  

However, Rav Schachter quotes Rav Yosef Dov Soloveitchik, who ruled that an Eruv Chatzeirot was necessary for the Yeshiva University dorm. Rav Soloveitchik did not, as noted above, subscribe to Rav Moshe’s leniency.  Moreover, Tosafot’s leniency regarding Matzi LeSalukinhu is stated regarding being able to completely remove the resident.  However, in the case of the dormitory, while the institution might be able to change the room in which the student is housed, they cannot, under normal circumstances, remove the student entirely from the dormitory.  One could argue, however, that the ability to move the student to a different building is most significant in the context of Eruv Chatzeirot.     

If Rav Soloveitchik’s view is followed in a secular university campus, a Sechirat Reshut would be required in addition to an Eruv Chatzeirot, unless all of the residents of a particular dormitory are observant and primarily eat from one food source.

Hotels

If all of the hotel guests are observant and are primarily eating from one food source then an Eruv Chatzeirot and Sechirat Reshut are unquestionably unnecessary.  If this is not the case, the question depends if one relies on Rav Moshe’s furniture ruling.  Rav Zvi Sobolofsky adds that one might also consider the fact that the hotel management can (at least in theory) move the guests to another room.   

In practice, it is best in such cases to make an Eruv Chatzeirot and Sechirat Reshut in such circumstances.

Camping Grounds

An Eruv Chatzeirot is unnecessary if the observant guests primarily eat together from one food source.  If only one observant Jew or family is on the campgrounds, then a Sechirat Reshut is not necessary (as Chazal did not enact the requirement for a Sechirat Reshut in such circumstances; see Shulchan Aruch, Orach Chaim 382:1).  Otherwise, visitors should conduct a Sechirat Reshut with a park ranger before Shabbat.