2786 —דיון באפשרות ערוב ובבעיות הלכתיות במנהטן

B"H, 4 Tammuz, 5714.

Brooklyn.

Haraha"g vavac"h iy"a nu"n oseik b'tzt"z etc. Yosef Dov Maskowitz

Shalom u'Vrachah!

I acknowledge receipt of your letter from the first of Korach along with a booklet about the possibility and necessity of establishing an eiruv in Manhattan. There already exists a booklet titled "Proposal for Establishing Eiruvin," mentioned above by Haraha"g etc. Tzvi Eisenstadt, which is detailed with references and includes your remarks as well as additional material.

It is surprising that throughout the discussion in the booklet you sent me, there is no mention of the issue of seeds found in the city, which according to several Rishonim and Acharonim nullify partitions. Nor does it address that part of Manhattan is surrounded by water, and even the section called "River" requires much analysis as to whether it qualifies as a river according to halachah; this is not the place to elaborate. See also the booklet by Rabbi Eisenstadt mentioned above, as well as Mikvaot chapter 5 mishnah 4, Makkot 4a and others. See also Shut Tzafnat Paneach by the Gaon of Rogatchov simanim 58-59 regarding the halachic definition of a river.

As explained in that booklet, there are several places that were not enclosed in addition to the issue that some partitions were not made for dwelling purposes. Regarding your comment about the dispute among Rishonim whether sixty myriads must traverse it: this is how our master (the Alter Rebbe) rules in his Shulchan Aruch Orach Chaim siman 345:11; see also Shut Beit Av Tenina siman 5 where he lists thirty opinions among Rishonim who hold this way.

Regarding your comment on what Rabbi Avraham of Butshatsh wrote—that there is no proof that non-Jews are not included in sixty myriads and he seeks proofs for this—many Acharonim indicate that non-Jews are included in sixty myriads. The basis for this could be that Shabbat was commanded at Marah (see Tosafot d.h. [Techumin] Shabbat [87b]), when they still had Noahide status (as is known to be the opinion of most Rishonim), and even after Matan Torah Shabbat laws were defined "as I commanded you (at Marah)."

Regarding what you wrote about it being a mitzvah to establish eiruvin: In addition to what you mention in your letter, see Shita Mekubetzet to Beitzah 16b; Shut HaRosh klal 21; Teshuvot HaRashbatz II:37; Chatam Sofer Orach Chaim siman 99; Shut Beit Av Tenina siman 1.

With blessing.

Summary

The Rebbe reviews complex halachic considerations regarding an eiruv in Manhattan, referencing many sources and highlighting unresolved issues such as city boundaries and inclusion criteria for public domains. He encourages thorough research before making decisions on communal matters.