Eruv Chatzerot from a Building to a Sukkah | Eiruv chatzeiros | Sheilot

Eruv Chatzerot from a Building to a Sukkah

Question

Hello, I live in a building with three other tenants who do not observe Torah and mitzvot. My sukkah is downstairs, in part of the building’s garden that the tenants agree belongs to me. Is it possible to make an eruv chatzerot in order to carry food and utensils for the meals from the building to the sukkah on Shabbat?

Answer

Shalom u’vrachah 

There is no need for an eruv chatzerot on Sukkot in order to carry from the house to the sukkah, if all the members of the family eat the Shabbat meals in the sukkah, since a sukkah does not create a prohibition against carrying.

Source

Mishnah Berurah, at the beginning of siman 370, in the name of the Magen Avraham. 

And although in Sha’ar HaTziyun he cites that HaGaon Rabbi Akiva Eiger remained with tzarich iyun regarding this ruling, nevertheless in the Mishnah Berurah he rules simply to be lenient. Accordingly, since one is also not eating in the house, the house likewise becomes considered a courtyard, and it is permitted to carry utensils that were in a courtyard at the onset of Shabbat from one courtyard to another, even when it is not joined by an eruv.  It is only necessary to resolve what the Mishnah Berurah writes at the end of siman 634, that from one sukkah to another an eruv is required in order to carry; however, the simple answer to this is that it is referring to a sukkah adjacent to the house, in which case its status is like that of a house, like the other rooms of the house. 

However, some have written to answer that even though it does not create a prohibition, it is forbidden to carry from one to the other, but seemingly this is a novel distinction.

Comments

Have an additional question on this topic or need clarification? Leave your comment below. (Please note that the comment will not be published but will be sent directly to the answering Rabbi for review and a private response)

Please sign up or log in to submit your comment