[Avodah] Inviting Someone On Shabbos Who Uses the Eruv when You Don't

[Harry Maryles]

My two cents:
On Mon, 5/9/11, Prof. Levine <llevine at stevens.edu> wrote:
> We have several Eruvim here in Flatbush. I do not rely on any of them.

> Question: May I invite a couple whom I know will wheel their baby in
> a stroller to eat at my house on Shabbos?  They, of course, do rely on
> the Flatbush eruv [at least one of them].

I think it depends on what the problem with the Eruv is. If it is one
of a P'sul L'Chol HaDeios, then you are being Machshil this couple with
your invitation. If OTOH it is just a question of Chumra but that it is
at least Kosher according to one Deiah (mekil though it may be) then I
see no probelm with it.

[Email #2. -micha]

On Tue, 5/10/11, Zev Sero <zev at sero.name> wrote:
> On 10/05/2011 9:46 AM, Prof. Levine wrote:
>> It it not at all clear to me that not using the Eruv in Flatbush is a
>> chumra. Reb Moshe paskened that one could not make an eruv in Brooklyn,
>> and Rav Belsky holds the same thing, namely, that none of the Eruvim
>> in Brooklyn are valid.

> So who says the halacha is like them? Why must your guest follow their
> psak? Even if they were the majority, your guest would have every right
> to follow a minority psak that the eruv is kosher; kol shekein when their
> position is that of a distinct minority of poskim. R Moshe openly
> acknowledged that he was a daas yochid on this matter, and that nobody
> had to obey him.

It's not as simple as that.

Rav Aahron Soloveichik held that anyone who uses the Chicago Eruv in
West Rogers Park is being Mechalel Shabbos D'Oraisa B'Shogeg. And that
those who gave a Hechsher to it are Machti Es HaRabbim B'Meizid. I heard
him say it B'Rabbim shortly before his death.

Nonetheless the Chicago Eruv has some very Chashuveh Rabbanim involved
with it who consulted with world class Poskim and determined that it is
a Kosher Eruv based on the Shittah of R' Moshe. This includes R' Dovid
Feinstein who is quoted as saying that his father would have approved
the Eruv.

Rav Ahron said that R' Dovid was wrong and that R' Moshe would never have
approved it holding that the Eruv surrounds a Reshus HaRabbim D'Oraisa.

(RAS said that he did not base his Psak on the Brikser Shittah --
following the Rambam -- that one does not need Shishim Riva but only
15 Amos in a public area to be a Reshus HaRabbim D'Oraisa. He based
it entirely on the requirement of the majority of Poskim that says you
need both.elements.)

If one listens to Rav Aharon on these matters, then inviting some one
to your house knowing that he will use the Eruv means that you afre
inviting him to violate Shabbos on a D'Oraisa level. That is clearly a
Michshol which one is forbidden to do.

If OTOH one does not necessarily listen to R' Ahron, one can than say
that there are other Shittos to rely upon and that he is merely being
Machmir for himself in not using it. Then it would be permitted for him
to invite others knowing they will use the Eruv.

HM