Jul 9, 2017

Proposed Law: Forcing kablanm to repair damage to eruvs

MK Michael Malkieli (Shas) has proposed a law that would obligate kablanim building homes on the outskirts of the city to repair eruv wires and poles that they destroy, whether intentionally or inadvertently. According to the law proposal, any building permits requested would only be granted with a condition that the kablanim accept this responsibility and perform repairs to the eruv as necessary.

According to Malkieli, the expense of all the repairs ends up falling on the Ministry of Religious Affairs and on local religious councils around the country - to the tune of tens of thousands of shekels each year. Sometimes they don't have the necessary funds available and it causes delays in the repairs, and it sometimes means people carry outside on Shabbos without realizing there is no functioning eruv.

The Ministerial Legislative Committee has approved the proposal.
source: Kol Hai News

Perhaps I do not understand how this works, but it seems to me a law should not be required for this. A kablan damaging eruv poles and strings should be obligated to pay for the repairs just like any damages caused to anybody's private property or municipal property. I am unclear as to why damage caused by kablanim requires a special law to be passed. The Ministry of Religious Affairs and local municipalities should force kablanim to pay up, sue them, take legal action and recoup all that money. Maybe freeze assets, rescind building permits and other similar actions should be taken when necessary.

What might need to be dealt with in law would be damage caused to private eruvin. Besides for municipal eruvin, in many areas private eruvin are built, sometimes with permits and/or permission from City Hall and sometimes without. If a kablan causes damage to a private eruv pole or string, the private eruvin can also sue, but they do have less methods of recourse available to them than City Hall has. Suing might even be a problem for them if they installed an eruv pole without permission or permits. I don't know that they should be protected in law - maybe they should need to get permits as well - but they should be able to recoup the damages they incur caused by kablanim or others.

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