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The Crown Heights Eruv: Making an Educated Choice

CrownHeights.info has obtained a comprehensive transcript of a lecture delivered on Sunday by Rosh Kollel Rabbi Yosef Heller regarding the recently erected Crown Heights Eruv.

Making an Educated Choice
Notes from a talk in Kollel by Harav Heller Shlita
Transcribed and edited by Rabbi M. Greenberg

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.)

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.
  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 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.

Rabbi Yosef Heller
Rabbi Yosef Heller

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50 Comments

  • Thank You

    Rabbi Heller always gives over the true Torah Hashkofo in a way that makes sense. I wish he would give more of these peaches about many other subjects.

    • what?

      what difference does it make the fact is that if someone carry’s on shabbos he’s being michalel shabbos

    • Pedant

      One of the only public figures respected by the entirety of our orphaned community speaks at length and in detail about the most critical issue facing the Jewish nation today (Shabbos in Kan Tziva) and this is your contribution. This ‘question’ is maise amolek.

      The answer to your ‘question’ is published at the outset of the article, kenahug.

  • Pedant

    Yidden, we are going through very difficult times and need Moshiach desperately.

    We are here for one reason only. To serve Hashem.

    Please, we are being guided from everything angle that service of Hashem and yiras Cheit is to stay far away from this ‘eruv.’

    All the yorei shamoim are peh achas vegen dos.

    See who leads you this way and see who leads you that way. Am chochom, The choice is clear.

    Choose Life.

    • big question

      Is Rabbi Heller prepared to meet with their Rabbonim and Poskim without preconditions and then give an update clarification

    • Pedant

      maasei amolek.

      When the Rabbonim who are makshir the building and the ongoing supervision of this eruv make their hashgocha public, then there will be something to talk about.

      At this point, there is a pulpit rabbi of a modern orthodox community who endorses the rabbi who made the hechsher and millhouse who says that’s good enough.

      You carry on Shabbos because someone says there is an eruv that some pulpit rabbi, meaning stam a yukel mit smicha who got a job, says someone reliable built and you fear hashem?

  • Sholom

    Dear Rabbi Heller,

    Thank you for posulling the prospect height eruv (That crosses eastern parkway) and for the same price Flatbush that crosses ocean parkway a much large street then eastern parkway or the queens eruv that crosses queens blvd, or the London that crosses the north circular and the list goes on and on to almost every metropolitan city,

    So before you cause harm and judge others Jews thin….we know you are not open minded (nor are majority of crown height rabbonim) but you could have just said that we go according to the alter rebbe and i dont see how that is possibly,

    Sorry no name because i dont want to be terrorized.

    • To Sholom

      Sorry but not sure how open-minded has to do with interpreting halacha.

      If Rabbi Heller thought this was an issue only according to the Alter Rebbe he would have said so.

    • What posul

      The eruv has no certification:

      “They noted on their website that the Eruv is “certified by well-known experts in the laws of Eruv, whose names are being withheld at this time in order to protect their privacy.”

      That is absurd. You cannot certify something and remain private to those who are relying on your certification.

      I cannot believe we’ve come to this.

    • Chaim H.

      He didn’t pussul anything, its the law!! He only stated the law.

      Its like getting upset on someone that told you not to eat what you are eating because it’s poison. The backwards thinking is, had he not said anything, you could eat everything without harm.

      Rachmanut on you my brother.

    • Chochma

      It’s good you didn’t out your name…we shall now (based on your comment) call you The Ignorant One.

    • Avrohom

      So you think you’re smarterthen rabbi Heller? Have any where near his amount of knowledge in halacha? Are you even WELL versed inhilchos driving?
      I’m just wondering exactly how you divifned r’ Heller’s reasoning, and decided on your own it would definitely apply to those other cases? I’m also wondering, based on what authority or knowledge, do you feel no requirement of basic derech eretz for a Talmid Chochom and Rov? A bit of humility isn’t so bad, you may want to try it.

  • resident

    thank you for this clear explanation to the public in words we can understand.
    i’d also be interested to read an explanation in english by one of the rabanim explaning why it is not possible halchaically to build an eiruv here.

    • Pedant

      You can see the translation of the article written by Levine, and you can see a ‘rebuttal’ by some blockhead who keeps spamming the comments with links to blogspot. But truthfully, brother, you should re-read Rabbi Heller’s speech and re-asses our role in the assessment of the why and how of building an eruv in CH.

      We simply aren’t heart surgeons.

      At this point this ‘eruv’ is under anonymous certification, under the world’s first hechsher that needs its privacy respected, but that’s vouched for by pulpit rabbi in park slope, who vouches for his ‘expertise’ but not for his actions.

      This is absurd.

  • dissapointed

    where was the beis din to talk about the tutition crisis? where is the beis din to address the crazy spike in rent for locals? where is the beis din to address the crazy food prices in our community? NOW suddenly the speak up???

    • Chaim H.

      We should not address chillul shabbos because there are other issues?
      Wjy don’t you address those issues?

  • Mr.Real

    As someone who wont use the eruv i wonder why people feel the strong need to confront this issue? What about confronting our issues with our schools having no money??
    All the Rabonim are silent??? are they to afraid to confront someone??
    in this case there is no one to confront so they come out with Statements

    Rabbi Heller Says ” If you see someone carrying and you don’t say anything, you are consenting to what they are doing. ” this is a concept i learnt in Gemara in 7th grade and i would love to see or hear rabonim pushing real change for the better.

    Lets face it people who want to carry will carry on shabbos with or without the eruv so we only have a small problem, our schools have issues lets start to see people vocal about it???

    • B"H

      no obligation for schools to have money the obligation is to have a teacher of children that teaches them all day, and this obligation is mainly on the father so fathers go and pay the teachers directly for them to teach your children Torah, and stop complaining about the schools

    • Chaim H.

      We will follow your example… let’s go, what are YOU DOING ABOUT IT?

  • Reform

    Unbelievable! Rabbi Heller is a respected Rov here in our community, i dont think there is anyone who questions his halachic knowledge.. And commentators here have the audacity to badmouth him? Why, because you dont like his halachic opinion.. Go elsewhere, find one lubavitch rov that holds of this eruv.. There arent any.
    But you will go and bash any Rov who argues agains you as being “closeminded” and “not 2016”.. I can think of other Jews who have done that just a hundred years ago.. None of whos descendants are Jewish today.

    • well said!

      Obviously, the “eruv” users & supporters don’t like Rav Heller’s psak, and certainly didn’t ask him. Nevertheless, this is a clear analysis of the issue, no anger, no hysteria, just Halacha & explanation. If you “mumchim” out there know better than Rav Heller, please run for Beis Din.

  • Excellent response

    To all those always whining about why they don’t fix all the other problems…please. Pathetic. Anytime anyone tries doing good u have the same kvetchers- well why doesn’t he take care of the other problems?

    Apreciate the good that others do instead of just sitting and expecting more. Rabanim are humans too with- face it- not all the control and solutions to every problem. We are in golus. Ppl don’t care and there always will b problems. At least thank them when they do good. Like now.

    Thank you r Heller for clarifying this important issue.

    • Chaim H.

      This attitude is a result of of:
      (1) Entitlement mentality – “someone” or “everyone” must do something, “someone and everyone” but me.
      No personal responsibility to anything, just kvetching about how everybody else (“The community”) needs to do.

      (2) The Victim Mentality –
      “Victim mentality is an acquired (learned) personality trait in which a person tends to regard him or herself as a victim of the negative actions of others, and to behave like it were the case—even in the absence of clear evidence.”

      A person will never be able to move forward with a victim mentality. Excuses and Justifications for not doing anything is endless. It is so much easier to blame everybody else for all that’s wrong in your life, then to get of your lazy behind and take control (make progress).

  • man of crown heights

    the rov who made the eruv is simply too scared to publicize it, the gangsters will destroy him, his house ,his car, his family etc……and why is eastern parkway a reshus horabim , what is it different than the bqe etc ,

  • Thank you for posting this

    And there you have it folks. Not only is it not kosher,it is not an eiruv. Yes, it would be good to have one, but
    saying this is an eiruv, doesn’t make it so. If you carry, you are being mechalel shabbos – for all to see.

  • Larry

    What happens if someone’s working on a pole that has no idea what that string is and cuts it off it tears for whatever reason an hour before Shabbos how do they notify everyone that the eruv is down.

  • Case closed

    I believe this case is now closed.

    As Rabbi Heller (whom in my opinion is by far the most respected Rabbi in Lubavitch today,) put it:

    There is no Eiruv.

    When there is an Eiruv, we will reopen this discussion. For now, there is no Eiruv. Period.

  • To Sholom

    It is so wearisome to hear people keep bringing up Ocean Parkway. An indication of lack of Hilchos Eiruvin. The reason why Ocean Parkway is different is its proximity to the ocean, which is why the Rabbonim there used the water as a wall. This is not the case with Eastern Parkway.

    • anon

      In addition most people who use the boro park Eruv do not carry on Ocean Parkway. i heard this from them.

      o

  • Rochamim Glanstein, Kailua Oahu, Hawaii

    There was no discussion of why there can not be an eruv in Crown Heights. Actually, there are Eruvin in Crown Heights. When you connect up with your next door neighbor with a “troras Hapesach” you are creating an Eruv in Crown Heights. You are not including all of Crown Heights. The extent of an eruv and its kashrus is dependent upon the environmental factors in those confines. If, within those confines is an area that cannot be part of an Eruv, e.g., a Rashus HaRabbeem, or a carfeef, then there will never be a moment of Kashrus in such a construction. If an entire neighborhood is enclosed by mechitzos, then there is only an issue of enjoining every party thereof, or in the case of no jews in the enclosure securing the rights to carry in their portion of the Eruv. This is doable, but it must be done correctly. Yes, a Kosher Eruv is possible, even in areas in Crown Heights, but only when it meets the halachic ingredients necessary to an Eruv.

  • Yisroel

    The one point that has been consistently missing from all of the discussion about making an eruv in Crown Heights, has been that none of the Rabbonim and all the opinion givers to says something about the difficulty that not having an eruv causes to woman with ybabies on the long Shabbos days.

    • Ch'er

      As a mother who raised my young children in Crown Heights and had to stay home on Shabbos, I’ll grant you that it has its difficulties. But parenting, and being a Jew requires sacrifice. That’s just part of what we do. And together with that, try to make arrangements with a spouse, neighbors, friends etc to give mothers some time to get out on Shabbos, too. Yes, we sometimes miss some social events because we can’t carry our children out. It’s part of the price we pay for having the privilege of being a parent. We lose sleep at night too, because our babies wake us up…. We give up one thing for something else more valuable.

  • Dovid

    #35 and 36
    There is no issue with Ocean Parkway whatsoever. There is nowhere near 600,000 people crossing it daily. Besides Brooklyn is enclosed with mechitzos.

  • Yisroel

    The one point that has been missing from all of the discussions about an Eruv in Crown Heights has been for the Rabbonim or the “opinion-givers” to say anything about the feelings of isolation and disrespect experienced by young women with babies, who are confined to their homes on the long Shabbos days. Such women cannot go to shul or visit friends etc. It makes them feel that all of the talk about halacha and din totally ignores their needs as people. Such feelings cannot of course override the halacha. But Rav Zalman Shimon Dworkin o. h., always “spoke to the heart” of a person to whom he had to deliver a psak that was personally hard for them to take . But Rabbi Dworkin always recognized the person’s disappointment or pain and he encouraged them to accept the ruling b’simcha. I have not seen even ONE rav or so-called “expert” address this aspect of the issue. Is it any wonder that many of the younger generation have no respect for those in authority?

    • Hey

      Very sad for the women who has to stay home.
      I also feel bad for the shochet who slaughtered a cow and was treif. We should allow him to say it is kosher because he will feel bad about the loss of money.

    • THEY have feelings too

      FYI the elderly chasidim who are forced to witness the disgrace of defiance in their own streets have feelings too.

      So maybe the da’as of RSD would to be give some the of slack you ask to them as well.

    • Vov

      Experienced Moral Horr’ah (and a certain gifted medical student) can detect a lying heart. When youll reach their innate status of honesty, integrity, and ability, maybe you’ll earn the approval to judge who’s heart emits a murmur of Truth. Until then, a loose heart without a governing mind is an impulsive, unpredictable, bleeding liberal.

    • Mordaci

      Impressive display of rachmunus ‘concern’ for the poor Yetzer Hara.

      Yes, all it asked is for a ‘reason’;
      Yes, we could use a lesson in learning how to communicate,

      BUT all this presumes I have a shaychus to the naysayer.

      Newsflash:

      I don’t.

      I don’t know who decided or how it reached you such a concept that I work for Ms. Jessica Lilith. I don’t even know her and have no obligation to provide her with even a polite ‘reason’ why I won’t follow her orders. There’s only one reason: Because I Don’t Work For You.

      Better: Because the rabbis said so. Those are the rules, it’s explicit in the contract.

      English: I’m not your friend from down the block. Goykeh

  • trailblazer

    let the rabbi who made the eruv stand up , we say the same to the rabbi who gave braun smicha