שולחן ערוך אורח חיים · סימן שפ״ב

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Whether a non-Jew's residence invalidates an eruv. Contains 20 sections One who lives with a non-Jew in a courtyard — the non-Jew does not restrict him until there are two Jews living in two houses who restrict each other, at which point the non-Jew restricts them. It does not help for the non-Jew to renounce his domain; rather they must rent from him. Rema: A Jew who rented or lent his house to a non-Jew does not restrict him, since he did not rent or lend it to him in order to restrict him. But if the house belongs to a non-Jew and a Jew rented it from him and the non-Jew lives in the house with him, the rental of the house does not help regarding the rental for the eruv. A Jew who lent or rented a house to his fellow in a place where non-Jews live — even if he has a hold in the house, it does not help and they must rent from the non-Jew.

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If the Jews renounced their domain to one of them in order that he be considered alone relative to the non-Jew, it does not help.

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If the non-Jew has no foot traffic over the Jews, he does not restrict — for example, two courtyards opening into each other with no foot traffic between them, where a non-Jew lives in one courtyard and two or more Jews live in the other. They may carry in and out between the courtyards on Shabbat through a window between them and need not rent from the non-Jew.

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One who rents from a non-Jew without specification — it is effective and he need not explain that it is to permit carrying, nor does he need to write any document for the rental.

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One may rent from a non-Jew even for less than a perutah's worth, and it is permitted to rent from him on Shabbat.

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As long as the non-Jew does not retract, the rental is effective even for a long period. (He cannot retract the rental until he returns the money.)

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If they rented from the non-Jew for a specified time, when the time expires they must rent again, and they must also make a new eruv, since the first eruv does not automatically resume.

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If they rented from the non-Jew for a specified time and within that time the non-Jew rented his dwelling to another, the first rental suffices.

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Five people living in one courtyard — one of them rents from the non-Jew on behalf of all of them.

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If they rented from him against his will, it is not effective even if he had previously been accustomed to rent.

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But from his wife, or from his hired worker or laborer, they may rent even if he objects. (The hired worker of a hired worker, and the laborer of the homeowner, are considered like the homeowner's own hired worker.)

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If he is unwilling to rent, one of the courtyard residents should approach him until he lends him his domain — giving him the right to place something there — which makes him like his hired worker or laborer, and he rents without the non-Jew's awareness. Some say he need not rent at all but simply places his eruv there and that suffices.

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If he designated a specific place in the house he is lending — since he is not like his agent throughout the entire house, it is not effective.

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If they rented from his hired worker or laborer for a specified time — even if he dismissed him as his hired worker or laborer within that time — they are permitted until the time expires. But if they rented from him without specification, once he dismissed him the rental is voided. Rema: The same applies if they rented from the king's treasurer and he was completely dismissed from the king's service. But if he was only removed from the treasury position yet still receives the king's provisions, he is still considered a hired worker or laborer and one may rent from him, and therefore the first rental also remains valid.

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If a Jew and a non-Jew live in one house, one must rent from the non-Jew and make an eruv with the Jew. Rema: This applies when each has their own separate dwelling. Similarly, two non-Jews living in the same manner in one house — one must rent from both of them.

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If a non-Jew has five Jewish hired workers or laborers living in his house, their dwelling is not considered a proper dwelling such that they would restrict one another. (The rental from a non-Jew does not restrict if one rented from the homeowner.)

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Two courtyards one inside the other — a Jew and non-Jew in the inner one and a Jew in the outer one; or a Jew and non-Jew in the outer one and a Jew in the inner one; and even a non-Jew in the inner one and two Jews in the outer one — the non-Jew restricts. Some say that even a non-Jew in the inner one and one Jew in the outer one restricts.

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A non-Jew who rented his house to another non-Jew — if the owner retains any hold in the house such that he has the right to place any items there, they may rent from him. If he retains no hold at all: if the landlord can evict the tenant before the rental period expires, they may rent from him; if not, it is not effective unless they rent from the tenant. Rema: Similarly, any individual who has a hold in the house may be rented from, since he is no worse than a hired worker or laborer.

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A courtyard in which a Jew and non-Jew live, where one Jew's house is adjacent to the other's and does not open to the courtyard but has windows between them — he cannot make an eruv with him through the window between them in order to carry his vessels through his neighbor's house which opens to the courtyard. But if there is an opening between them, it is permitted. Some say that even if there is an opening between them, it is forbidden.

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A courtyard in which a Jew and non-Jew reside, where windows open from one Jew's house to another Jew's house and they made an eruv through the windows — even though they are permitted to carry from house to house through the windows, they are forbidden to carry from house to house through the doors on account of the non-Jew, until they rent from him. Rema: A ship with many Jews on it who have designated quarters must make an eruv and rent domain from the non-Jewish ship owner, or have it included in the ship fare. See above Siman 366, section 2.