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The din is that for an eruv to be kosher everyone in the 'building' has to join. In the olden times each one provided food. If somebody didn't want to, it could be taken by force. Today one person provides the food and is 'mezake' everyone with it (gives it for everyone). What is the din if one person doesn't want to join? Can one be 'mezake' one, even if he refuses?

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The Dirshu Mishne Berura 367/footnote 10 brings two opinions regarding this question.

The Pri Migadim and the Chazon Ish question the validity of being mezakeh against his will, and the Machzeh Avraham who is certain that one cannot be mezakeh against his will.

Rav Shlomo Kluger on the other hand brings a proof that one can be mezakeh against someones will, when it is a pure zechus, which he says an eyruv is. However, even Rav Shlomo Kluger is only talking about where he gave an eyruv in the past, it is not clear to me if he would allow this when someone never participated in the eyruv.

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  • So in all the cases where there's controversy over the eruv, if there's at least one antireligious Jew on the anti side (which unfortunately happens) how does the eruv ever work? Is it just because they don't know enough to say "I refuse to accept your matza"? – Heshy Jun 15 at 10:44
  • Either they rely on Rav Shlomo Kluger, or the rental from the government/township/utility companies that helps for non-Jews, works for non-religious Jews as well. – פרי זהב Jun 15 at 12:27
  • @Heshy Yes, that's why. The problem here comes up mostly with religious Jews who think an Eruv doesn't work in their neighborhood and protest a different posek coming in and changing the accepted psak. Then that posek has to decide to [whatever פרי זהב said] or not – Double AA Jun 15 at 12:48
  • @Heshy While usually you hear of people who don't hold of various eruvin because of chashash reshut harabbim deorayta, the fact is there's plenty of reasons to find problems with the 'matza' part of many modern eruvin too. It's questionable if you can 'rent' from a non-religious Jew via the mayor he.wikisource.org/wiki/שולחן_ערוך_אורח_חיים_שפה (not to mention if our mayors have any authority to rent public spaces anymore, let alone private ones) Some modern poskim hold you can't carry from the street into a non-Jew's or non-religious Jew's house for instance in modern democracies. – Double AA Jun 15 at 12:56
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It is a problem by most communal Eruvin that face opposition.

It is from the (three) reasons why most Yeshivish Bnei Torah do not rely on communal Eruvin outside areas like bungalow colonies.

The communal Eruvin get around this problem by relying on the Rashba who says that large ships that are divided into rooms that are rented to various travelers, each in his own room,you should rent the right to carry throughout the ship from its owner. IOW you make an umbrella rental of all properties.

Some Poskim hold that the police's or utility companies right of entry is a sufficient measure of control to contract from them an umbrella sechiras reshus. Because they are considered like employees that possess authority in the entire area for the government's needs. It is considered tantamount to the police having borrowed space in each resident's dwelling. Therefore they have the ability to join the Eruv.

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  • I don't see how this answers the question. Can you force them to be zokhe or not – Double AA Jun 15 at 15:14
  • You aren't forcing any apartment owner to do anything. The police or utility owners are considered to have a space in each apartment and you are sub renting space from them.Giving those making the Eruv a rental right in each apartment so they don't need the apartment owners agreement. – Schmerel Jun 15 at 22:17
  • You're not forcing them, but the question was can you. You aren't answering the question. You're answering a different question of how one rents rights for an eruv indirectly. You're not wrong about that, though it is a bit simplistic, but that's not what he asked about. – Double AA Jun 15 at 22:29

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