Introductory Remarks to Chapter 94 Houses usually were arranged in this fashion with endless variations:Throughout these halachos, when reference is made to people living in a courtyard, it means people living in the houses that open to the courtyard. In order to carry from the houses into the courtyard, all residents had to join in making an eiruv. This is a rabbinical ordinance instituted by King Solomon and his Court. Sometimes courtyards were adjoining each other, having only one exit to the street, (as illustrated):and sometimes each courtyard had its own exit to the street. There are halachos of eiruv pertaining to such situations. When the halachah refers to an alley, it denotes an area into which two or more courtyards exit. See illustration.In order to carry in the alley, many requirements must be fulfilled. The halachos are complex and not discussed in the Kitzur Shulchan Aruch. However, mention is made of partnership in the alley. This is achieved when all the inhabitants of the courtyard that exit into the alley jointly make a special eiruv, the details of which are not discussed in the Kitzur Shulchan Aruch, but at times will be referred to in the footnotes. Two or more Jews who reside in one courtyard, each living in his own apartment, are forbidden to carry¹ 366] See Maseches Eiruvin 21a; Rambam, Eiruvin 1: 2 and Bach 366—Rav Hai Gaon. from the house into the courtyard, or from the courtyard into the house. It is also forbidden to carry from². one house into the other, even without passing through the courtyard, as for example, when there is a door or a window between one house and the other house.³ or for indispensable Shabbos needs. [Avkas Rochel (29)] It is a mitzvah for them to make an eiruvei chatzeiros, so that they do not fall into transgression.⁴

footnotes: ¹ This is a Rabbinic decree enacted by King Solomon and his Court for fear that a person will carry out from a private domain to a public domain. [Tur ² A common application of this rule is that it is forbidden to carry from your apartment into the hall of the apartment building if there is another Jew living in that building, unless you make an eiruv chatzeiros ³ Even through a non-Jew except for a mitzvah ⁴ I.e. of carrying from a private domain to a public domain.

When two courtyards have a door between them, if they wish, all the tenants of each courtyard may make a separate eiruv, whereby all the tenants of the courtyard are permitted to carry into their own courtyard; but any vessels that were in the house before Shabbos began,⁵ 372: 13] are forbidden to be carried from one courtyard into the other.⁶ you may not move the article four amos in the court. See Mishnah Berurah 372: 16 and Biur Halachah. If they wish, all the tenants of both courtyards can make one eiruv jointly, in order that they should be allowed to carry, from one courtyard into the other, even such vessels that were in the house when Shabbos began. And if there is even a window between the courtyards that measures no less than four tefachim wide by four tefachim high,⁷] square can be inscribed in it. That puts the diameter of the window at 5 3/5 tefachim. See Sha’ar Hatziyun 372: 18—Rambam etc. and it is within ten⁸. That part must be four tefachim wide. [Shulchan Aruch 372: 4, Eliyahu Rabbah, Mishnah Berurah] tefachim above the ground, and it has no grate,⁹ 372: 5. There must be an unobstructed empty space of four by four tefachim. [Mishnah Berurah— Acharonim] [the tenants of both courtyards] may also make a joint eiruv. But if it is less than that, they cannot make a joint eiruv. If there is a window between two houses, even if it is higher than ten tefachim, they can make a joint eiruv, (because the house is considered as filled).¹⁰ high. [Mishnah Berurah 372: 34]

footnotes: ⁵ But vessels that were in the court at the beginning of Shabbos may be carried from one court into the other. [Mishnah Berurah ⁶ If you did take out an article from a house to the court without an eiruv ⁷ Four by four square. If the window is round it must be large enough so that a four by four [tefachim ⁸ Part of it has to be within ten tefachim ⁹ Rema ¹⁰ And thus the window is not considered to be ten tefachim

[If there are] two courtyards, one behind the other, and the tenants of the inner courtyard have no other exit to the street than through the outer courtyard, if [the tenants of both courts] wish to do so, they may make a joint eiruv. If they did not make a joint eiruv, then if the tenants of the inner court alone made an eiruv, they are permitted to carry in their own court and the tenants of the outer court are forbidden¹¹. [to carry]. If the tenants of the inner court did not make an eiruv, but the tenants of the outer court alone made an eiruv, then the eiruv is of no use to them, because, since the tenants of the inner court have a right of passage through the outer court, they prohibit the tenants of the outer court [from carrying in their own court]. This is true only if the people of the inner court did not make an eiruv. For then, since they forbid one another [to carry] in their own place (court), it is "a foot (referring to the person) which is forbidden [to carry] in its own place," and a "foot forbidden in its place" forbids [others] also in another place. But if they made an eiruv by themselves, and they are allowed to carry in their own court, then it constitutes "a foot permitted [to carry] in its own place," and they do not forbid carrying even to the tenants of the outer court. Consequently, if there is only one Jewish tenant in the inner court, since he is not forbidden to carry in his own court, he cannot cause a prohibition to be imposed [on the tenants of the outer court]. If two tenants live in the inner court and they did not make an eiruv, even though only one tenant lives in the outer court, since they are "a foot forbidden in its own place," they also forbid the single tenant.¹² 378.

footnotes: ¹¹ Because they did not make an eiruv ¹² Shulchan Aruch

When houses are built with a second story, and a balcony in front of them, from which the tenants go into the courtyard through a stairway, and from the courtyard into the public domain, they are govorned by the same [laws] that apply to two courts, one behind the other, and the balcony is considered as the inner court.¹³ 375: 1. This is true only if the balcony is ten tefachim higher than the yard. If not, they are considered as one court and no separate eiruv can be made for each.

footnotes: ¹³ Shulchan Aruch

A house that has two apartments with a lobby through which you enter both apartments, and the apartments are occupied by two tenants, they are forbidden to carry anything even from their apartments into the lobby. Similarly, even if one apartment is divided into two rooms occupied by two tenants, even though the occupant of the inner room has no other exit than through the outer room, which leads into the courtyard, nevertheless, they may not carry anything, even from one room into the other until they make an eiruv. (If the two houses or apartments belong to one person, and he rented an apartment to someone, and he also has "a hold¹⁴, “having a hold on the apartment,” means that the landlord stored articles in the apartment that are either too heavy to move or forbidden to be moved on Shabbos because they are muktzeh. See Shulchan Aruch, 370: 2. on the apartment,"¹⁵ of a guest which is discussed in paragraph 14. see Shulchan Aruch 370 and Chayei Adam 73: 3–4.)

footnotes: ¹⁴ Tefisas yad ¹⁵ Having a hold on the apartment gives the occupant the halachah

How do you make an eiruv? The mitzvah done to perfection is for one of the tenants of the courtyard, to take one whole loaf¹⁶ makes the place of the eiruv your place of dwelling. Only bread will serve this purpose. [Mishnah Berurah 386: 3] You may not make an eiruv chatzeiros with a piece of bread, even a large one; you must use a whole one. [Shulchan Aruch 366: 6] of his own bread on erev Shabbos and confer a share of it, through another person, to all the tenants of that court. This is done by saying to that other person, in any language he understands, as follows: "Take this loaf and acquire it on behalf of all the Jews who live in this courtyard, (or in these courtyards)." This person then takes the loaf and raises it one tefach.¹⁷ 366: 9 and Mishnah Berurah 366: 51. Then the one who is making the eiruv takes it from him and¹⁸. recites the berachah, Baruch atah Adonai Elokeinu melech ha'olam asher kiddeshanu bemitzvosav vetzivanu al mitzvas eiruv.¹⁹, the eiruv is valid and carrying is permitted. [Shulchan Aruch 366: 15] ["Blessed are You, Hashem, our God, King of the Universe, Who sanctified us with His commandments and commanded us concerning the mitzvah of eiruv]." He then says, "By means of this eiruv it will be permissible for us to take out and to bring in from the houses into the courtyard and from the courtyard into the houses and from one house into another, for all the Jews who live in the houses of the courtyard."²⁰ (see Shulchan Aruch Harav 366) but if he said only part of it and not all of it the Peri Megadim (M.Z. 366: 7) says that it may not be a valid eiruv. Since they all acquired a share in this loaf, and at the beginning of Shabbos it is in the house²¹ by four amos. If it is in a room of less than four by four, but the apartment is large enough, it is questionable if it is valid. [Shemiras Shabbos Kehilchasah—Rabbi S. Z. Auerbach zatzal]. of the one who made the eiruv, it is considered as if all the tenants were living in this house, and therefore they are permitted to carry from the houses into the courtyard, and from the courtyard into the houses, and also in the entire courtyard.

footnotes: ¹⁶ Bread is required because eiruvei chatzeiros ¹⁷ Shulchan Aruch ¹⁸ See Bi’ur Halachah ¹⁹ Even if he did not say the berachah ²⁰ Even if he did not say this, it also becomes a valid eiruv ²¹ The place where it is must be no less than four amos

It is essential [that the maker of the eiruv] should grant them ownership only through a third party, therefore, he may not grant ownership through his son or daughter who are minors,²². However, the Mishnah Berurah 366: 69 says you can be meikil here if necessary. even if they do not eat at his table, because their hand is considered an extension of his own hand.²³ But through another minor he may grant ownership rights, (for regarding Rabbinical ordinances, a minor can acquire rights for another person);²⁴ 64b, Rambam, Eruvin 1: 20. and, if possible, he should not grant ownership through his wife whom he supports, and not through his son or daughter who are bar or bas mitzvah who eat at his table [i.e. supported by him], for according to some authorities, they too are considered as an extension of his hand.²⁵, anything they find belongs to him. However, if there is no other person present, he may grant it through them. If his son is married, although he is supported by his father, all authorities agree that the father may grant ownership rights through him.²⁶ 366: 10.

footnotes: ²² Rambam ²³ Therefore they are not making the acquisition, for it is as though he himself were picking up his own bread. ²⁴ See Maseches Gittin ²⁵ Since, according to halachah ²⁶ Rema

What is the amount (of bread) required for the eiruv? If there are eighteen tenants or less, the amount is the size of a dried fig (which is one third of an egg) for each tenant, except for the one who makes the eiruv and keeps it in his house, (for he is not required to give bread [to establish his residence] since he already lives in his house). If there are more than eighteen tenants, even if there are one thousand, the size of the eiruv is an amount of food enough for two meals, which is [a loaf of bread] the size of eighteen dried figs, which is equivalent to six eggs.²⁷. Some authorities hold that it is the equivalent of eight eggs.²⁸. It is best to use this amount, but if you make it the size of six eggs it is also a valid eiruv. [Gra, Chayei Adam, Mishnah Berurah 368: 12] The egg size includes the shell. [Peri Megadim, Mishnah Berurah 368: 11] (According to their opinion a dried fig is equivalent to 1/3 and 1/9 of an egg.)

footnotes: ²⁷ Rambam ²⁸ Tur

It is essential [that the one making the eiruv] should not resent it if a neighbor²⁹. eats it.³⁰ or during twilight; but after that, once the eiruv takes effect, even if you do not allow your neighbor to eat from it, it is a valid eiruv. [Bi’ur Halachah 366: 5] If he does resent it, it is not a valid eiruv. He should, therefore, be careful not to make the eiruv with food he prepared for Shabbos.

footnotes: ²⁹ Who is included in the eiruv ³⁰ On Erev Shabbos

The eiruv must be placed where it is accessible to every tenant at twilight on erev Shabbos. Therefore, if there was a dead person there, or in an adjacent apartment and one of the tenants is a kohein, who is therefore unable to enter the place where the eiruv is at twilight, the eiruv is void.³¹ M.Z. 366: 7, 386: 2. But the Maharsham (Resp. Vol. 6: 1, and in notes on Orach Chaim 366: 5) says that it is sufficient if the eiruv is in a place fit for dwelling even if he cannot go there.

footnotes: ³¹ Peri Megadim

The eiruv should be made every erev Shabbos,³² 368: 21 says that it is preferable to have an eiruv in the synagogue for everyone. Nevertheless, every person who needs an eiruv should make his own every week without a berachah and grant ownership to everyone in his court (in case the one in the synagogue becomes spoiled). and on Shabbos, Hamotzi should be said over it,³³ 117b—since one mitzvah was done with it, it is fitting that another one be done with it. The Ariz’l said Hamotzi at night over the bread from the partnership of the alley (שִׁיתּוּף מְבוֹאוֹת) and in the morning on the loaf of eiruvei chatzeiros. [Sha’ar Hakavanos] [and it should be eaten], as stated in Chapter 102:2 below, (for it has to be on hand) only at the beginning of Shabbos). But if you are afraid that you might in the future forget [to make an eiruv], you may make an eiruv with one loaf of bread for all the Shabbosos until Pesach, and [in this case], when you say: "By means of this eiruv etc." you should conclude: "For all the Shabbosos until Pesach which will come to us for goodness." And [in this case] it is necessary that the loaf is thin and well baked, so that it will not become spoiled. For the Shabbos during Pesach you must make the eiruv with matzoh that is kosher for Pesach.

footnotes: ³² The Mishnah Berurah ³³ Maseches Shabbos

You may not make an eiruv chatzeiros on Yom Tov.³⁴ 16, Shulchan Aruch 393: 1, for it appears as though you were preparing on Yom Tov for Shabbos. If you did it, the validity of the eiruv is questionable. [Peri Megadim, Mishnah Berurah] Thus, if a Yom Tov occurs on erev Shabbos, you must make the eiruv on erev Yom Tov [Thursday].

footnotes: ³⁴ Maseches Beitzah

If a person eats in one place, and sleeps in another place, the place where he eats is his legal residence³⁵ 370: 5] as far as the laws of eiruv are concerned. It is there that he prohibits [the other tenants from carrying if they were not included in the eiruv] if he eats his own food there, in a special room. But in the place where he sleeps he does not prohibit [the other tenants to carry].

footnotes: ³⁵ If he would really prefer to eat in the place where he sleeps, then the place where he sleeps is his legal residence. [Rashba, Ritva, Peri Megadim, Bi’ur Halachah

Regarding a visiting guest in a court, some authorities hold,³⁶ 370: 8 etc. that even if he stays in a house by himself, as long as he does not stay there permanently, but for thirty days or less,³⁷ 370: 5] ³⁸ is made. This is a ruling of the Beis Din (the Jewish court) and is automatic. The inclusion of guests need not be spelled out when making the eiruv. [Taz. Also see Mishnah Berurah 370: 55 and 366: 53] he does not prohibit the tenants of the court [to carry]. Therefore all of them are permitted to carry either from the tenants' houses, or from the house of the guest; even if there are many guests [in the courtyard] and only one tenant. This is true only if there is [at least] one permanent tenant, even if he is a non-Jew,³⁹ and rent the non-Jew’s residence. [Mishnah Berurah 370: 60, Bi’ur Halachah (Terumas Hadeshen)] If the non-Jew does own these apartments (and the guests are renting from him), the Yad Ephraim says that they are considered his guests and do not need an eiruv. The Peri Megadim says that they must rent the property of the non-Jew. for then the guests become subordinate to him. But when all [the people in the court] are guests, they do prohibit one another from carrying,⁴⁰ 370: 8, Mishnah Berurah] if each one eats in a special room for himself. If there is a non-Jew among them they must rent his residence from him as will be discussed below. Some authorities say⁴¹. that there is no difference between a guest and a tenant; thus, as long as [the guest] has a special room where he eats, his status is the same as that of a tenant. It is proper to follow the stricter view initially,⁴² 370: 8 says not to deviate from the Shulchan Aruch, Rashba, et al (who are lenient). and they should make an eiruv without reciting the berachah. But when it is done already, the first opinion may be relied upon.

footnotes: ³⁶ Rashba, Shulchan Aruch ³⁷ If he rented for more than thirty days he prohibits the people to carry on Shabbos as of the beginning of the rental. [Mishnah Berurah ³⁸ In a community situation, even one who visits for more than thirty days is included when the eiruv ³⁹ If the non-Jew in the building does not own the apartments in which the guests are staying, they do not become secondary to him and they prohibit one another to carry. They must make an eiruv ⁴⁰ Even if they are visiting for less than thirty days (even only one Shabbos). [Rema ⁴¹ Even Ha’ozer ⁴² The Bi’ur Halachah

When a Jew lives with a non-Jew in the same courtyard, the non-Jew does not prohibit [the Jew to carry], and he is allowed to carry from the house into the courtyard and from the courtyard into the house. Even if there are two or more Jews, but they live there under such conditions that they do not need an eiruv, as explained in paragraph 13 above, then the non-Jew does not prohibit them [to carry]. But if there are two or more Jews [living there] who are required to make an eiruv, and a non-Jew also lives there, he prohibits them [to carry],⁴³ (Orach Chaim 92). Also see Maharam Shick 182 and Maharsham Vol. 5: 34 who are lenient in certain circumstances. and they cannot make an eiruv until they rent the premises. If two or more non-Jews live there, they must rent [the premises] from each of them.⁴⁴ and Be’eir Hagolah 382: 15 say this applies only if the non-Jews live in separate apartments. The Mishnah Berurah 382: 51—poskim are machmir even if they share one house. The Chayei Adam is machmir if each has his own space in the room. If one is a live-in worker, he and the owner are as one person and it is enough to rent from one of them.

footnotes: ⁴³ Chasam Sofer ⁴⁴ Rema

Even if the non-Jew lives in another courtyard but he has no exit to the street other than through the court where the Jews live, or if he lives in the attic and the stairway leads to the courtyard, he also prohibits them [to carry].⁴⁵ from the non-Jew. Also see Bi’ur Halachah 382: 17.

footnotes: ⁴⁵ Until they rent the reshus

If a courtyard belongs to a Jew, but he rented or lent an apartment to a non-Jew, [the non-Jew] does not prohibit [the Jewish residents from carrying], because [the Jew] did not rent or lend it to [the non-Jew] with the power to prohibit the Jewish residents [from carrying],⁴⁶ 382: 1. Based on the Rashba who maintains that it is unusual for a Jew to rent or lend a house to a non-Jew in the building in which he lives. [see Mishnah Berurah 38]. even if the owner of the courtyard himself does not live there.⁴⁷.

footnotes: ⁴⁶ Rema ⁴⁷ Chayei Adam

How do you rent [the premises from a non-Jew]? The Jew says to the [non-Jew] "Rent me your premises for so and so much money," and he does not have to explain to him that it is in order to make carrying⁴⁸ 382: 4. permissible. However, if he says to him "Give me permission," even though he explains to him, "in order that I may be permitted to carry in the courtyard," it is not valid.⁴⁹ 75: 7. However, rental even for the smallest sum of money is valid, even for less than a prutah which is the halachic minimum required for financial transactions. [Shulchan Aruch 382: 5] You may rent it from him even on Shabbos [Rema] for it is not considered actual renting.

footnotes: ⁴⁸ Shulchan Aruch ⁴⁹ Asking him to give it as a present would also make it invalid. See Chayei Adam

You may rent [the premises] even from the [non-Jew's] wife⁵⁰ (Maseches Eiruvin 65b)] and even from his servant.

footnotes: ⁵⁰ Or another family member. [Tosafos

If you rented the premises without specifying any definite period of time, it remains valid as long as the non-Jew does not change⁵¹ 382: 23] Also see Taz, and Sha’ar Hatziyun 382: 22. his mind, and he still lives there. However, if the non-Jew moves away from there and another non-Jew moves in, you must renew the rental agreement with the second [non-Jew]. If you rented [the premises] for a specific time, and during that time the non-Jew rented his apartment to another non-Jew, then the original rental agreement is sufficient.⁵². See Sha’ar Hatziyun 382: 28] But if the non-Jew died or he sold it to another non-Jew during this time, you must rent it again from the heir or from the buyer.⁵³. And if you rented it from his servant, if you rented it without specifying a time, it is valid only as long as the servant is there. But if you rented it for a certain length of time, then even if the servant left, the lease remains in force until that time expires.⁵⁴ 382: 14.

footnotes: ⁵¹ If you specified a time the non-Jew may not change his mind even if he returns the money. [Shvuss Yaakov, Mishnah Berurah ⁵² But if you did not specify a time you must rent it again from the new tenant. [Peri Megadim, Chayei Adam ⁵³ Chacham Tzvi, Rabbi Akiva Eiger ⁵⁴ Shulchan Aruch

Whenever a rental [from a non-Jew] expires and you have to make a new lease, you also have to make a new eiruv; for an eiruv is not automatically⁵⁵ 382: 7. renewed.

footnotes: ⁵⁵ Shulchan Aruch

If it is impossible to rent the premises⁵⁶ from [the non-Jew], one of the Jews⁵⁷ 382: 36] should ask him to lend him a special place on his premises,⁵⁸ 382: 13 for important details. to place an object there. And he should then put the object there and through this, the Jew acquires that place. Even if he removed the article from there before Shabbos,⁵⁹ 382: 8, Aruch Hashulchan] nevertheless, since the Jew had the right to leave that object there on Shabbos, it is considered as if he had a share in the apartment. This Jew may then rent the premises⁶⁰ 382: 41. to all the residents of the courtyard.

footnotes: ⁵⁶ Because the non-Jew refuses to rent it. ⁵⁷ Even a Jew who does not live in the court. [Levush, Mishnah Berurah ⁵⁸ See Bi’ur Halachah ⁵⁹ If you did something to acquire the use of the space it is valid even if you did not use it at all. [Magein Avraham ⁶⁰ See Mishnah Berurah

An apostate or a person who publicly desecrates the Shabbos⁶¹ 385: 3] ⁶²] (according to some authorities, even if it is only a Rabbinic prohibition),⁶³ 385: 3 (Rashi, Tosafos etc.). See Tiferes Yisrael that even if he handles muktzeh in public he is in this category. See Bi’ur Halachah who rules that even those poskim who say that ordinarily he is not considered an apostate if he violates rabbinic prohibitions of Shabbos, agree that regarding this Halachah, he is considered as one. [Mishnah Berurah] is considered as a non-Jew, and you must rent his premises from him.

footnotes: ⁶¹ This applies only when he knows that it is forbidden. If he does not know he probably is not considered an apostate. [Bi’ur Halachah ⁶² If he refrains from doing it in the presence of a distinguished person, he does not fall into this category. [Eliyahu Rabbah, Mishnah Berurah ⁶³ Shulchan Aruch

In many communities they equip all alleyways and streets with an eiruv (by installing the form of a door⁶⁴ high with a crossbeam (or wire) over them like this: . Such a structure is considered as a solid wall and you may carry in the enclosed area (if eiruv requirements are fulfilled). Many people choose not to rely on a צוּרַת הַפֶּתַח to carry on Shabbos. See Bi’ur Halachah 364: 2 and Mishnah Berurah 364: 8. [tzuras hapesach] or something similar), and they rent the property rights from the non-Jews,⁶⁵ in order to be able to carry throughout the city. It is essential that all the procedures are performed by a Rav who is an expert, and well versed [in these halachos]. In these communities it is customary to place the eiruv in the synagogue, (because the laws of partnership apply to it, and it is not necessary [to place it] specifically in a dwelling).⁶⁶ 366: 3.

footnotes: ⁶⁴ That consists of two posts ten tefachim ⁶⁵ Since it must be rented from all the non-Jews, it may be rented from the mayor of the city. He is, in effect, a public servant of all the non-Jews in the city. ⁶⁶ Rema

In communities, however, where the city is not equipped with an eiruv, then, even when they make eiruvei chatzeiros for the residents of the courtyard in which the synagogue [is located], it is forbidden to put the eiruv in the synagogue, but it must be put in one of the dwellings.⁶⁷ 365: 15.

footnotes: ⁶⁷ Machatzis Hashekel

If a city-wide eiruv became defective on Shabbos, the residents of every courtyard that is properly [surrounded with partitions] in which there is no break [large enough] to make [carrying there] forbidden,⁶⁸ width in one wall. These are general rules, but a posek must be consulted every time these halachos are involved.—even if that courtyard contains many houses—are permitted to carry there the entire Shabbos. Even if the eiruv is deposited in another premise which is now separated from this courtyard, nevertheless, they are permitted [to carry], because regarding this, we say, "Once it was permitted on that Shabbos, it continues to be permitted."⁶⁹, you may not continue to carry in your court. [see Shulchan Aruch 374: 2] ⁷⁰ 365: 8. See Shulchan Aruch 374: 1 and Bi’ur Halachah at length. However, since there is strong reason to be concerned that many people will fall into error and carry [by mistake], even in places where it is now forbidden to do so, since they are accustomed to carrying legally; therefore, if it is possible to have it repaired by a non-Jew, it may be done.⁷¹ (as is evident from the Kitzur Shulchan Aruch). [Chayei Adam 62: 11, and Mishnah Berurah 276: 25, Rema 276] This ruling is based on the Ittur who permits this because it is a mitzvah involving the public. [Machatzis Hashekel 365] If the string of the "form of the door" was torn, and it is possible for a non-Jew to repair it with a loop, or by making one knot and a loop over it, so much the better.

footnotes: ⁶⁸ That is if the whole of a wall is broken down or if the majority of all the walls is broken down or if there is a breach of more than ten amos ⁶⁹ This is true only if it is open to another private domain, but if it is open to a public domain or karmelis ⁷⁰ See Shulchan Aruch ⁷¹ Even if it requires doing a melachah de’oraisa

If a Yom Tov occurs on erev Shabbos and the eiruv became defective,⁷² 363: 4] even though the eiruv serves a need also on Yom Tov [of permitting you to carry] articles you do not need [on Yom Tov], still we do not say that since it was permitted on Yom Tov⁷³ it should also be permitted on Shabbos, because Yom Tov and Shabbos have two [distinctly different] characters of holiness.⁷⁴ 363: 4.

footnotes: ⁷² If it breaks on Yom Tov, you may not ask a non-Jew to repair it on Yom Tov, for this is not as great a necessity as on Shabbos. [Magein Avraham ⁷³ We do not say since it was permitted on Yom Tov to carry objects that are not needed on Yom Tov, because of the principle of “Once it was permitted on that day, it continues to be permitted,” it should, therefore, also be permitted on Shabbos. ⁷⁴ Magein Avraham