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Answer: That is an excellent question, as many people think an eiruv is only the tzurot hapesach (posts and connecting cord) that complete an area’s halachic walls. The physical walls do create a reshut hayachid (private domain, where it is permitted to carry) of what otherwise would have been a reshut harabim (public domain, where it is forbidden to carry), either based on Torah law or, more likely Rabbinically (karmelit). However, Shlomo Hamelech instituted a prohibition on carrying from a domain belonging to one person/group to a domain belonging to another (Eiruvin 21b) unless they placed an eiruv chatzeirot. The reason for the prohibition is that if people are accustomed to moving from domain to domain without thought, they may carry from a reshut hayachid to a reshut harabim (Rashi ad loc.).
Bemare Habazak - Rabbis Questions (657)
Rabbi Daniel Mann
535 - Building a Sukka on Public Property
536 - Eiruv Chatzeirot at a Hospital
537 - Ask the Rabbi: Dissolving Colored Pill in Contact Lens Solution on Shabbat
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The hospital is presumably owned by one entity, and it does not make a difference if it is publicly or privately owned, and if privately, if by an organization, corporation, family, or individual. The important thing is that it is not that different rooms are owned by different entities. The question is whether when the hospital gives living rights to patients, who usually pay (directly or through medical coverage on their behalf), this creates new entities who jointly occupy the facility. In fact, if a lone owner of an apartment building rents out apartments (for 30 days – ibid. 370:8), the building likely requires an eiruv chatzeirot (e.g., if it has multiple Jewish tenants and is not included in a larger eiruv).
A few factors cause the usage of part of an area by other entities to not be considered, in our context, the owner ceding his control over those areas. One is if the owner can move a sub-area’s residents from one place to another (see Minchat Yitzchak IV:55; Be’ur Halacha to 370:3). In our case, even if the hospital cannot remove a patient from the hospital, he can move him from room to room, which might be enough to allow carrying because no room "belongs" to him.
Another factor that might help is tefisat yad, i.e., the owner retains usage of the room he gave to another, by means of keeping there an object of his that cannot be readily moved from the room on Shabbat due to size or muktzeh status (Shulchan Aruch, 370:2). This might apply to some of the furniture or medical equipment in the room (see Igrot Moshe, OC I:141). On the other hand, some argue that furniture in a furnished rental is not tefisat yad, as it is part of the rental (see Shemirat Shabbat K’hilchata 17:(58)). Application of this idea to hospital settings can be complex.
Another unifying factor is if all the units share a service (e.g., fed from one kitchen, laundry service), although this may not be a sufficient leniency on its own (see Shulchan Aruch, OC 370:4 and Mishna Berura 370:33).
By applying the above principles, one can presume that he can carry from a room to the halls and other rooms in a hospital (see Netivot Shabbat 34:13; Eiruvin 46a). A hospital chaplain can look into its specific setup and act to remove all doubt if there is some need or to placate the overly nervous.
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
