The Gemara in Masechet Eruvin discusses the situation of a Chatzer, a courtyard shared by the residents of homes that open into the courtyard. The Sages legislated that a resident may not carry from his home into the Chatzer on Shabbat without first establishing a Eruv Chatzerot. An Eruv Chatzerot is a process whereby all the residences that open into the Chatzer formally come together to form a single residence. The Chatzer is then considered part of a single residence, rather than an area shared by several individuals, and carrying is permitted within that area.
Although today our homes are not arranged in this format, this question might be relevant to the situation of apartment buildings. The hallways and stairwells of apartment buildings appear, at least at first glance, to resemble a Chatzer – an area shared by the residents of private homes that open into it. Accordingly, Rabbi Moshe Halevi, in his work "Menuchat Shalom," rules that one may not carry in the hallway or staircase of an apartment building on Shabbat unless all residents of the building make an Eruv Chatzerot. Now if gentiles or non-observant Jews live in the building, their property must be formally rented in order for the Eruv Chatzerot to be established. If they refuse to rent their property, then carrying is forbidden in the shared areas on Shabbat.
Chacham Bentzion Abba Shaul, by contrast, in his work "Or Le'tziyon," claims that hallways in apartment buildings differ from the Chatzer discussed by the Gemara. For one thing, he argues, the Chatzer was an open, outdoor area, as opposed to hallways which are inside the building, and indoor areas were not included in the Rabbinic decree forbidding carrying in a shared area on Shabbat. Secondly, the Gemara allows carrying on Shabbat in a "Bet Sha'ar" – a term referring to narrow vestibules off the courtyard leading directly to the private residences. Hallways, Chacham Bentzion claimed, resemble a "Bet Sha'ar," rather than a Chatzer, and thus carrying is permitted even without an Eruv Chatzerot.
Thus, the issue of whether one may carry in the hallway of an apartment building on Shabbat without an Eruv Chatzerot is subject to a dispute between two leading Halachic authorities: Rabbi Moshe Halevi requires making an Eruv Chatzerot, whereas Chacham Bentzion Abba Shaul permits carrying even without an Eruv Chatzerot.
In Israel, the Chief Rabbinate has made an arrangement to circumvent this problem, by formally selling all the property in apartment buildings to the municipality, such that the residents technically rent the property from the local authority. Rabbi Moshe Halevi, however, was of the opinion that one should not rely on this arrangement to carry in apartment buildings in Israel without an Eruv Chatzerot.
In conclusion, the authorities disagree as to whether one may carry in the hallways and stairwells of apartment buildings on Shabbat without an Eruv Chatzerot, and it is recommended that one follow the stringent position.
