Victor Cohen
Shabbat observance, as we know, requires abiding by numerous restrictions, many of which are well-known to all those accustomed to observing Shabbat. For example, we are keenly aware of the prohibitions against cooking, kindling a fire, using electronic devices, and even handling certain things which are classified as muktzeh. But one of the Shabbat prohibitions that might not be very familiar to observant Jews in today’s day and age is the prohibition against carrying objects into or through the public domain. Many Jews today live in communities with an erub – a symbolic enclosure that, ostensibly, allows for carrying within the area surrounded by the erub. The community in Deal, NJ is one such community, which benefits from an erub.
Unfortunately, however, many people mistakenly assume that this erub grants unrestricted permission to carry on Shabbat. The truth is that the erub relies on leniencies to permit carrying for health and safety purposes, and does not provide a blanket permission to carry.
To understand how the Deal erub works and which kind of carrying it permits, I had the privilege of interviewing Rabbi Nissim Basala, one of the creators of the Deal erub, who continues to maintain and oversee it even today.
The History of the Deal Erub
The process to build the Deal erub began in 1998. Thanks to the efforts of Rabbi Isaac Dwek, Mr. Jack Adjmi, Solly Dweck, and a number of other individuals, the erub was launched in the summer of 1999. It was expanded several times throughout the years, and now surrounds an area of over 24 square miles, extending into sections of Long Branch, Brighton Avenue, and some parts of West Allenhurst. The erub has been down only on very rare occasions, such as after Hurricane Sandy, which took the erub down for around a year.
Rav Moshe Heineman from Baltimore, one of America’s preeminent halachic scholars, was brought to authorize the erub, and he spent three days walking the entire length of the erub to assure its validity. The erub was inspected also by Rav Avraham Moshe Katzenelbogen, the rabbi who oversees the Jerusalem erub. Rabbi Basala says that he consults with Rav Moshe Heineman’s younger brother, Rav Shmuel Heineman – who runs the Star-K Hechsher in the New York/New Jersey area – with regard to erub-related matters.
The Four Shabbat Domains
Just as maps show different kinds of areas – residential, commercial, public, etc. – halachah similarly recognizes four different domains with respect to the prohibition of carrying on Shabbat:
- Reshut hayahid – private property, referring to homes and other enclosed properties.
- Reshut harabim – a public thoroughfare.
- Karmelit – a public area that does not meet the qualifications of a reshut harabim, because of its size or the relatively little traffic passing through it (see below).
- Makom patur – a small area such as a fire hydrant or a small ditch in the ground.
Inside a reshut hayahid, of course, carrying is permissible. However, Torah law forbids bringing something from a reshut hayahid into a reshut harabim, or vice-versa – from a reshut harabim into a reshut hayahid. Torah law also forbids carrying within a reshut harabim. Carrying from a reshut hayahid into a karmelit, or from a karmelit into a reshut hayahid, is forbidden miderabbanan – by force of rabbinic enactment. It is similarly forbidden miderabbanan to carry within a karmelit,
An erub is effective in halachically converting a karmelit into a reshut hayahid; the enclosure around the karmelit allows us to regard the enclosed area as a private domain, thereby sidestepping the rabbinic prohibitions against carrying within a karmelit, carrying from a karmelit into a reshut hayahid, and carrying from a reshut hayahid to a karmelit. Once the karmelit has been “downgraded” to a reshut hayahid through erub, all these become permissible.
Significantly, an erub has no effect on a reshut harabim. If an area is halachically defined as a public thoroughfare, then the construction of an erub does not allow carrying on Shabbat within this area, or to or from this area.
Hence, in order to determine whether an erub can be effective in a given area, we must determine whether halachah treats this area as a karmelit or as a reshut harabim.
The Differing Opinions, and Why They Matter
The Shulhan Aruch (Orah Haim 345:7) brings two opinions regarding the definition of a reshut harabim. According to the first opinion, any area that is 25 feet wide or larger qualifies as a reshut harabim. The second opinion, by contrast, maintains that a public area does not qualify as a reshut harabim unless 600,000 people or more pass through it in a day. The question of whether streets in Deal are to be regarded as a reshut harabim or a karmelit – and, by extension, the question of whether an erub is effective in permitting carrying in Deal – hinges on this debate. According to the first view, a large public area qualifies as a reshut harabim, and thus suburban neighborhoods such as Deal, despite their relatively quiet streets and little traffic, must be treated as a reshut harabim, where an erub is ineffective. The second view, however, would allow constructing an erub in places such as Deal that does not see heavy volume passing through them.
In other words: according to the first opinion, bringing a small object outside one’s home in Deal on Shabbat would constitute a Torah violation, just like cooking on Shabbat, despite the erub. According to the second view, this is entirely permissible.
Who is the Erub For?
In light of these differing opinions, Rabbi Basala explained that the Deal erub was erected not to grant a blanket license to carry on Shabbat, but rather for the benefit of those who have a particular need to carry, that justifies relying on the lenient position.
“It was intended for someone, who, let’s say, needs to carry medicine in their pocket,” Rabbi Basala said, “or who need some sort of walker.” By contrast, he clarified, the erub “wasn’t meant to cover people playing basketball.”
Secondly, as Hacham Ovadia Yosef, zt”l, writes in a responsum on the subject, “You should build the erub to save people who don’t know they are violating Shabbat.” Many people are unfamiliar with this prohibition, and so an erub should be erected so they are protected from Shabbat desecration, at least according to the lenient view quoted by the Shulhan Aruch.
Thus, the erub was created for people who need it, and to protect people who are unaware of this prohibition. It is not set up for casual carrying.
In fact, Rabbi Basala said that he himself does not use the erub, even though he leads an entire team dedicated to ensuring it is up each week.
The rabbi emphasized the responsibility we all have to familiarize ourselves with the halachot of Shabbat. He noted the well-known comment of the Hafetz Haim (Rav Yisrael Meir Kagan of Radin, 1839-1933), in his Mishnah Berurah, that learning the laws of Shabbat is an indispensable prerequisite to the proper observance of Shabbat. This is relevant also to the prohibition of carrying. One cannot willfully decide to not know about this issue so he can rely on the erub without any restrictions.
Rabbi Basala concluded by emphasizing two other points relevant to the use of the Deal erub.
First, he wishes to remind everybody that the erub does not allow handling muktzeh items, such as an umbrella. Relying on the erub allows carrying permissible objects, not items classified as muktzeh. It is imperative to educate oneself about the topic of muktzeh to know which objects may not be handled under which circumstances.
Secondly, the fact that “Deal has an erub” does not mean that the entire town is encircled by the erub. Those who rely on the erub may do so only after ascertaining that the area where they will carry is indeed included in the erub. Maps are available for this purpose.
All are encouraged to check the status of the Deal erub, and to sign up for the mailing list, at http://www.njerub.org/, where the information is updated weekly. Updates are also available by phone at 732-660-1001.