Question:
Dear Rabbi,
We are a group of approximately 100 Jews staying for Shabbos in a hotel in Spain. The hotel complex contains about 150 rooms, and we are occupying roughly half of them. Regarding carrying, we intend to perform an Eruv Chatzeiros without a Bracha on behalf of all residents of the hotel, including other Jewish guests who are not part of our group. However, the complex is not a single building; it is an entire hotel campus with significant outdoor walking areas. The entire property is surrounded by a tall wall and fence for security, which seems acceptable. Our concern is the main entrance: there is a large gate through which cars enter and exit. This gate is generally left open, with a guard present, and is only closed on rare occasions. Is it permitted to carry on Shabbos in this situation? Does the open gate—effectively a break in the wall—compromise the status of the area as a Reshus HaYachid and hence we cant carry outside of our building over Shabbos even if we make an Eruv Cahtzeiros as you suggested?
Answer:
The hotel gate does not need to be closed at night, and it is permitted to carry within the complex. As a Chumra, a proper Eruv Chatzeiros without a blessing is to be performed as instructed.
Explanation:
As is well known, the most essential factor in permitting carrying within an area is not merely the performance of an Eruv Chatzeiros [of which many are lenient regarding a hotel], but rather that the area be properly enclosed—whether through a valid Tzuras HaPesach, or even more effectively by a solid wall, fence, or natural barrier. Hence, our questioner is to be commended for focusing on the primary issue—namely, whether the hotel complex truly has the halachic status of a Reshus HaYachid, such that carrying is permitted, or whether its openings compromise that status. The determining factor in this case is the halachic status of a gate that opens and whether the open gate undermines its enclosure. Hence, we will now present the general halachic background regarding the status of breaches and openings, and how this may affect the enclosed area’s classification and validity if it has a gate.
- General Rule of Enclosures: It is clearly established in the Poskim that an area surrounded by a wall, fence, or barrier is considered a Reshus HaYachid so long as it does not have a breach wider than ten amos (cubits). If there is an opening wider than ten amos, it generally requires a Tzuras HaPesach (a halachic doorway consisting of two posts and a lintel or string overhead).
- The Role of Gates (Doors): At first glance, one might argue that since the entrance gate is open—and may be wider than ten amos—it constitutes a problematic breach. However, this is not correct. The Rambam explains that for an area to be considered a Reshus HaRabim, it must not only be open but must also lack proper doors. The presence of doors (gates), even if they are not constantly closed, plays a crucial role in defining the space. There is a dispute among the authorities as to whether these doors must be physically closed (and even locked) at night, or whether it is sufficient that they are capable of being closed. The primary halachic ruling follows the lenient opinion that it suffices for the gates to be fit to be closed, even if they are usually left open. However, lechatchilah (initially), we rule that in the case of a true Reshus HaRabim, one should be stringent and require that the doors be closed and locked at night. [However, according to all opinions—even the more stringent views—the gate does not need to remain closed at all times, but only needs to be closed at night.] Accordingly, in order to determine whether in the above case of the hotel complex—based on the stringent view—one must ensure that the hotel gates are closed at night, or otherwise be stringent not to carry, it is first necessary to establish whether the hotel complex is in fact halachically defined as a Reshus HaRabim.
- Not a True Reshus HaRabim: For the reasons that we will now delineate, the hotel complex does not meet the criteria of a Reshus HaRabim according to any halachic opinion, and hence does not obligate its entrance gate to be closed at night to permit carrying, even as a stringency:
- The hotel complex streets do not have 600,000 daily passersby (according to the majority view that requires this to define an area as a Reshus Harabim which would required closed gates at night as a Chumra).
- It likely does not have thoroughfares 16 amos [8 meters or 24 feet] wide.
- Even if it does have thoroughfares 16 amos, it does not provide a direct passage from one end to another with aligned entry and exit points that are parallel to each other, which is required according to many Poskim to define it as a Reshus Harabim
- As universal to hotel complexes, it has only one main entrance, rather than a through-way, and hence even according to those who suffice with misaligned entrances and exits would agree that here it is not a Reshus Harabim at all.
Therefore, the area of your hotel complex is classified at most as a Karmelis (a rabbinic domain), not a biblical public domain.
- Leniency in a Karmelis: Since the area is not a true Reshus HaRabim, the requirement to close gates at night does not strictly apply even according to the stringent opinion. In a rabbinic domain, one may rely on the lenient opinion that gates only need to be capable of being closed.
- Do We Need a Tzuras HaPesach at the Gate? Although we have clarified above that in this case the gates do not need to be closed at night, we must now address a second question: whether a Tzuras HaPesach is required at the entrance, or whether the opening created by the gate compromises the validity of the enclosure and thereby affects the permissibility of carrying. To answer this we must first introduce the general concept of when a Tzuras HaPesach is required. As noted, any enclosed area retains its halachic status only so long as its perimeter is considered “closed.” However, when there is an opening in the enclosure that exceeds ten amos, that opening may be deemed a significant breach, potentially invalidating the enclosure. In such cases, halachah requires the formation of a valid Tzuras HaPesach in order to reclassify the opening as a halachic “doorway,” thereby preserving the enclosed status of the area. From this halachah, it would appear that the determining factor as to whether the hotel’s main entrance requires a Tzuras HaPesach depends on the width of the gate opening. If the entrance is ten amos or wider (approximately 5 meters, or about 16–17 feet), then one would seemingly be required—prior to Shabbos—to construct a Tzuras HaPesach using two posts and an overhead string. Practically speaking, this may be difficult to arrange, both from a technical standpoint—requiring proper materials and setup—and due to the likelihood that hotel management would not permit modifying the structure. If, however, the opening is less than ten amos wide, then it would be treated like any standard doorway or gap in a wall, for which no Tzuras HaPesach is required. Accordingly, we must now clarify whether an opening that contains a gate—even when the gate is left open—is nevertheless considered halachically as if it has a valid Tzuras HaPesach and does not invalidate the enclosure.
- Even if the gated opening is wider than ten amos, there is no requirement to construct a Tzuras HaPesach: So it is clear from an analysis of the Poskim that even if the gated opening is wider than ten amos, there is nevertheless no requirement to construct a Tzuras HaPesach at the entrance. This is because the gates themselves serve as a halachic doorway, and their very presence defines the opening as an entrance rather than a breach. This remains true even when the gates are left open during the day, as their ability to be closed suffices. Accordingly we do not require an additional Tzuras HaPesach in such a situation, as the presence of functional gates clearly demonstrates that the opening maintains the status of a valid entrance within the enclosure. The proof for this is rooted in the rulings cited earlier from the Rishonim and Poskim, who establish that whenever there are actual doors or gates in place, they inherently fulfill the role of a halachic entrance—even if they remain open—since they are fit to be closed. Indeed, even according to the more stringent opinion that requires doors to be closed at night in order to remove the status of a Reshus HaRabim, no authority suggests that an additional Tzuras HaPesach must be constructed in the presence of such gates during the daytime when they are open. This clearly demonstrates that the gates themselves are considered the highest form of a halachic opening, taking the place of a Tzuras HaPesach, and therefore the existence of functional gates ensures that the opening does not invalidate the enclosure. Now, while this understanding is clearly supported by a number of the Poskim, who rule that no Tzuras HaPesach is required in such a case, it should be noted that the opinion of the Chazon Ish is to be stringent and to require a Tzuras HaPesach even by a gated entrance, if the gates are open. However, aside from the fact that such a stringency primarily applies only to a true Reshus HaRabim—and not to an area defined merely as a Karmelis, as explained above—nevertheless, the main halachic ruling does not follow this stringent view of the Chazon Ish. Accordingly, there is no obligation for one to trouble himself, or the hotel management, to construct a Tzuras HaPesach over the entrance of the complex.
In Summary: The presence of functional gates demonstrates that the opening is considered a controlled entrance rather than a breach and hence no Tzuras Hapesach is required.
- If There Were No Gates: It should be emphasized that this leniency—namely, not requiring a Tzuras HaPesach—applies specifically in the type of scenario discussed above, where the hotel complex, as is common throughout Europe, is equipped with a proper gate that serves as a functional door and is capable of being closed. In such a case, the presence of the gate itself suffices to define the opening as a valid entrance. However, if one is staying in a hotel complex that has a simple entrance lacking gates altogether—and likewise lacks any other halachic doorway structure that can be defined as a Lechi or Tzuras Hapesach—then the ruling changes. In such a situation, if the opening exceeds ten amos, a proper Tzuras HaPesach would indeed be required. The entire leniency discussed above is therefore contingent upon the presence of actual gates, and does not apply in their absence.
Conclusion:
Carrying within the outside area of a hotel complex on Shabbos is permitted, even though the entrance gates are generally left open, provided that:
- The area is properly enclosed (as it is),
- Functional gates exist at the entrance, and
- A valid Eruv Chatzeiros without a Bracha is performed, as a Chumra.
Lechatchila Practice by a Jewish town Regarding a Tzuras HaPesach
It should be emphasized that the above stated ruling—that a Tzuras HaPesach is not required over the entrance—is applicable in a case where one is already staying in such a complex that contains open gates without Tzuras Hapesach. However, lechatchilah, it is the proper and accepted custom in frum settlements to construct a Tzuras HaPesach over the entrance gate whenever the opening is ten amos wide or more, even if the entrance already has a functioning gate, in order to abide by also the stringent approach of th Chazon Ish and permit everyone to carry.
Table
| Section | Details |
| Question | A group of ~100 Jews staying in a hotel complex in Spain (150 rooms total) want to know if they may carry on Shabbos. The complex is enclosed by a wall/fence but has a large main gate that is usually open. Does the open gate invalidate the enclosure, even with an Eruv Chatzeiros? |
| Short Answer (Psak) | It is permitted to carry within the hotel complex. The gate does not need to be closed at night. One should perform an Eruv Chatzeiros without a bracha as a chumra. |
| Core Principle | The main requirement for carrying is that the area be properly enclosed (Reshus HaYachid), not merely having an Eruv Chatzeiros. |
| Status of Enclosure | A fully fenced or walled area is a Reshus HaYachid if it does not have a breach wider than 10 amos, or if such openings are halachically corrected. |
| Role of Gates | Functional gates define an entrance—not a breach—even if they are usually open, since they can be closed. |
| Do Gates Need to Be Closed? | For a true Reshus HaRabim, some require gates to be closed at night. However, primary halacha is lenient: gates only need to be capable of closing. |
| Is This a Reshus HaRabim? | No. The hotel complex does not qualify because: • No 600,000 daily passersby • Likely no 16-amah-wide thoroughfares • No straight-through aligned passage • Only one main entrance |
| Halachic Classification | The area is at most a Karmelis (rabbinic domain), not a Reshus HaRabim. |
| Implication | In a Karmelis, even stricter opinions do not require gates to be closed at night. |
| Tzuras HaPesach Requirement | Normally, an opening wider than 10 amos requires a Tzuras HaPesach. |
| Gate vs. Tzuras HaPesach | Functional gates themselves are considered a halachic doorway, replacing the need for a Tzuras HaPesach—even if open. |
| Stringent View | The Chazon Ish requires a Tzuras HaPesach even with gates. However, this view is not the main ruling and mainly applies to a true Reshus HaRabim. |
| If No Gates Exist | If the entrance has no gates and exceeds 10 amos, a Tzuras HaPesach would be required. |
| Conclusion | Carrying is permitted in the hotel complex provided that: • It is properly enclosed • Functional gates exist • An Eruv Chatzeiros (without bracha) is made as a chumra |
| Lechatchila Practice | Ideally, in established Jewish communities, a Tzuras HaPesach is built over wide entrances—even if gates exist—to satisfy stricter opinions (e.g., Chazon Ish). |
Sources:
See regarding the definition of a Reshus Harabim and that must have 16 Ama wide roads: Admur 345:11 “A public domain (Reshus HaRabim) is defined as streets or marketplaces that are sixteen amos wide by sixteen amos, corresponding to the width of the road in the Levite encampment in the wilderness.”; Michaber 345:7; Rambam Shabbos 14:1; Eruvin 6a and 99a; Taz 345:6; M”B 345:23; 364:7
See regarding the definition of a Reshus Harabim as an area with 600,000 passerby: 2nd opinion in Admur 345:11 and Michaber 345:7; Admur 252:18; 20; 266:6; and 13; 301:38 and KU”A 3; 303:23; 307:27; 325:4; 335:1; 338:5; 348 KU”A 1; 350 KU”A 1; 357:7; 363:42 and 44; 364:4; 392:1; 404:2; Rama 346:3; Tur 345; Rashi Eruvin 6a and 59a; Bahag and Otzer Hageonim; Tosafus Shabbos 6b and 64b; Rosh Eruvin 8; Beitza 3; Semag Lavim 65; Semak 282; Sefer Hateruma 214; Rokieach 175; Mahariy Viyal 12 and 18; Other Opinions that don’t require 600,000: Rambam ibid 14:1; Maggid Mishneh on Rambam ibid; Ramban Eruvin 59a; Shabbos 57a; Rashba 1:722; Hagahos Mordechai Shabbos 83; Ran Shabbos 26a; Rivash 405; See Taz 345:6 and Biur Halacha 345 who brings the Poskim of each side of the debate
See regarding that a Reshus Harabim must have an entrance and exit opening: Admur 345:11 “This applies when they are uncovered and not surrounded by a wall. Even if there is a surrounding wall, if they are open and pass straight through from gate to gate—meaning the gates are aligned directly opposite each other—then that pathway has all the laws of a Reshus HaRabim, provided it is sixteen amos wide. This is because it effectively has only two side partitions (assuming those partitions do not extend inward opposite the gate opening by a cubit), and the doors are not closed at night, as explained in Siman 364.”; Michaber 345:7 and 364:2; Rambam Shabbos 13:1; Taz 345:5; M”B 364:7; See Or Zarua 2:129-10; Meiri Eruvin 6b
See regarding that the entrance and exit openings must be aligned parallel to each other in a straight line to be defined as a Reshus Harabim: Admur 345:11“This applies when they are uncovered and not surrounded by a wall. Even if there is a surrounding wall, if they are open and pass straight through from gate to gate—meaning the gates are aligned directly opposite each other—then that pathway has all the laws of a Reshus HaRabim, provided it is sixteen amos wide. This is because it effectively has only two side partitions (assuming those partitions do not extend inward opposite the gate opening by a cubit), and the doors are not closed at night, as explained in Siman 364.”; M”A 345:6; Rashi Eruvin 6a; Meiri Eruvin 2a; Beis Efraim 26; M”B 345:20; Mishneh Halachos 18:91-96 Stringent opinions who do not require parallel gates to define as Reshus Harabim: Igros Moshe O.C. 1:140 and 8:28
See regarding whether the entrance and exit gate must be locked at night to negate Reshus Harabim status or even if left open the mere existence of gates negates status of Reshus Harabim: Yes, must be closed at night: 1st opinion in Admur 364:4 and Michaber 364:2 and Tur 364; Rama 245:7; Admur ibid “In order to permit carrying within a Reshus HaRabim, one must establish doors on both ends of the area, and these doors must be closed and locked at night. The act of closing the doors effectively transforms the area into a single shared courtyard of many residents, allowing the entire area to be encompassed within an eiruv, as will be explained in Siman 392. Once this is accomplished, the internal alleyways no longer require any further halachic adjustment.”; Admur 345:11“and the doors are not closed at night, as explained in Siman 364; Rebbe Yochanon in Eruvin 6b regarding Yerushalayim; Rosh Eruvin 1:8; Rif Eruvin ibid; No, may be left open: 2nd opinion in Admur 364:4 and Michaber 364:2; Admur ibid “There are, however, those who maintain that it is not necessary for the doors to actually be closed at night; rather, it suffices that they are capable of being closed. Even if they are embedded in the ground, one may clear and adjust them so that they become fit for closure.”; Tur 364; Rambam Shabbos 17:10; Shmuel in Eruvin 6a; Final ruling: Admur ibid “Nevertheless, although the primary halachic ruling follows this more lenient opinion, it is proper initially (lechatchilah) to be stringent in accordance with the first view and ensure that the doors are in fact closed at night. As mentioned earlier, there are also opinions that maintain that in our times there is no true Reshus HaRabim at all.”
See regarding that by a Karmalis the gates need not be closed at night: Admur 364:4“As mentioned earlier, there are also opinions that maintain that in our times there is no true Reshus HaRabim at all.”; Darkei Moshe 364:1; Maharam Merothenberg in Piskeiy Eruvin 132; Mordechai Eruvin 509; Hagahos Miamanis Eruvin 2:6; See Tzemach Tzedek 64
See regarding the requirement of Tzuras Hapesach by a ten Ama wide breach but not by a less than ten Ama breach: Admur 362:11 and 18-19; 372:10; Michaber 362:8-10; Rambam Shabbos 16:16; Mishneh Eruvin 2a and Eruvin 15-16; M”B 362:45
See regarding that a Tzuras Hapesach is not required over an open gate even if open ten Amos: Implication of all Poskim ibid regarding closed gate and doors who omit and such condition, and so is implied from Admur 364:4 “In order to permit carrying within a Reshus HaRabim, one must establish doors on both ends of the area, and these doors must be closed and locked at night. The act of closing the doors effectively transforms the area into a single shared courtyard of many residents, allowing the entire area to be encompassed within an eiruv, as will be explained in Siman 392. Once this is accomplished, the internal alleyways no longer require any further halachic adjustment.””; Ritva Eruvin 22a; Meiri Eruvin 6a; Ramban in Milchamos; Panim Meiros 2:143; M”B 364:6; Avnei Nezer O.C. 272 in name of Shut Bris Avraham; Maharsham 1:162; Shevet Halevi 4:41; Rav Mashash in Shut Mayim Chaim O.C. 100; Hilchos Asiya Eiruv [Heller] p. 11 footnote 6 Stringent opinion to require Tzuras Hapesach: Chazon Ish O.C. Eruvin 78:14 and Y.D. Mezuzah 171:1
See regarding if an Eruv Chatzeiros must be made in a hotel and if so how it should be done: Igros Kodesh 18:556; Shulchan Menachem 2:195; Nesivos Shabbos 34; Birrurei Halachos 2