960. Jewish and Non-Jewish Residents on Opposite Sides of an Alley

Eiruvin 5:17

If a non-Jewish resident of an alley has an egress that leads from his courtyard to a valley, he does not impede the Jewish residents’ ability to carry in the alley, even if this egress is as small four handbreadths by four handbreadths (1’x1’) and the non-Jewish residence uses the other entrance to bring out camels and wagons. This is because he is concerned with the entrance that is uniquely his own, which is the one that leads to the valley. Similarly, if he had an egress that led to an area that was enclosed for purposes other than for dwelling and that was larger than needed to plant two seah of seed (about 150’x75’), it is the same as an entrance to a valley and he does not impede the ability to carry. However, if the enclosed area was the size needed to plant two seah of seed or smaller, then the non-Jewish resident does not concern himself with it and he does impede carrying unless the Jewish residents rent his property from him.

Eiruvin 5:18

Let’s say that an alley has non-Jewish residents living on one side and Jewish residents living on the other, and there are windows that open from each of the Jewish courtyards to the next. Even if the Jewish residents made joint eiruvs by way of the windows, uniting them like members of a single household and permitting them to transport objects from courtyard to courtyard through the windows, they are still prohibited from using the alley by way of its entrances unless they rent the non-Jewish residents’ property. The principle that an eiruv unites many people as one does not apply when there are also non-Jewish residents in the equation.