Treated as nonexistent

The Beis Din's ruling calls the structure an “eruv” in quotation marks and says that an arrangement of this kind “is treated as nonexistent.” The public may not treat it as an accepted eruv while leaving individual questions for later discussion (2 Iyar 5776).

Rabbi Osdoba issued his own signed clarification after an earlier letter of his was circulated as support. He wrote that the earlier response concerned limited technical points and was not permission to establish or use an eruv in Crown Heights (8 Iyar 5776).

The later rulings continue from that position. They prohibit reliance on the publicized system rather than offering a qualified approval subject to a repair, a route change, or a different inspection.

Inspection does not establish the original validity

A weekly inspection can find a fallen wire, damaged pole, new construction, or another change since the previous inspection. That work matters only after the halachic basis of the eruv has been established.

Inspection cannot decide whether the streets are a reshus harabim, whether ordinary tzuras hapesach can enclose them, whether distant structures count as continuous walls, or whether the communal and legal arrangements are valid. Those are questions in the design and psak of the eruv itself.

In Crown Heights, the local Rabbonim have not accepted that underlying system. A report that the route was checked therefore does not alter the prohibition on carrying.