The Mudcat Café TM
Thread #73819   Message #1287144
Posted By: Rabbi-Sol
02-Oct-04 - 09:23 PM
Thread Name: BS: Religious Freedom vs. Local Zoning Laws
Subject: RE: BS: Religious Freedom vs. Local Zoning Laws
I am back on line after a 3 day hiatus, due to my celebration of the Jewish Succos (Tabernacles) Holiday and the Sabbath which came in on the very next day. Now to answer some questions.

Although riding on the Sabbath was originally prohibited to give the animals a rest, the prohibition of riding in an automobile is for entirely different reasons. It mainly falls under the prohibition of lighting a fire on the Sabbath. It involves combustion as well as electrical use, as well as carrying in the public domain, all which are prohibited acts on the Sabbath.

The law is, if the Synagogue is beyond walking distance, or the person is too infirm to walk, one must pray at home rather than violate the Sabbath.

The concept of "Eruv" is as follows. One can build a fence which demarcates the difference between a public domaine in which carrying or pushing strollers is prohibited, and a private domaine in which such acts are permitted. A public domaine is defined as a place in which 600,000 people can pass through in the course of one day. That is why Eruvs are not permitted in Manhattan or most parts of Brooklyn.
They are permitted however in areas such as Monsey, where I live. An "Eruv" is a symbolic fence. It is constructed by using the telephone or electrical wires that are located on utility poles. In order to be valid, the wire must pass directly over the pole. In cases where the wire goes alongside the pole a "lechi" or firring strip of wood (approximately 16 inches in length), must be nailed to the side of the pole on which the wire is attached, so that theoretically if the strip were extended all the way to the top, the wire would pass over it. In this way, a designated area enclosed by the wires is now defined as private domaine. Written permission must be obtained from the secular local governing authorities in the area as well as the utility companies that own the poles. Also, the area enclosed can not contain a major express highway or passenger rail line. In our area, the "Eruv" can not encompass the New York State Thruway or the Palisades Intersate Parkway, for fear that the 600,000 population limit might be breached.

Orthodox Jewish law which is based upon the Torah as handed down to Moses at Mt. Sinai, is immutable. There may be different interpretations of that law but the basic concepts can never be changed. Driving, or riding in an automobile on the Sabbath, unless it is done for a life saving emergency, is one of those concepts.

                                                SOL ZELLER