Melacha is HOTZA’AH הוצאה: Transferring objects between private and public domain OR 4 amot in public domain. Rabbis added decrees against transfer between private domains because there might be confusion regarding public domains.
The Domains רשויות
By Torah Law:
- Private Domain רשות היחיד RHY
- Enclosed by partitions at least 10 tefachim high
- Minimum dimension of 4 x 4 tefachim
- Partitions can be:
- Conventional walls (ground level to minimal height of 10 tefachim)
- Walls of ditch which measure 10 tefachim
- Steep incline surrounding a plateau rising to 10 tefachim
- Or any combination totaling 10 tefachim
- Minimum of three sides (majority opinion)
- Does NOT require private ownership
- Can carry on its roof
- Can transfer to immediately adjacent RHY
- Public Domain רשות הרבים RHR
- Commonly used street, public area or highway
- Open at both ends (מפולש)
- At least 16 amot wide
- Rambam: must be used by at least 600,00 people
- Based on encampment in the desert
- Private ownership disqualifies
- Roof disqualifies
- Surrounded by walls disqualifies
Any area that does not fit into one of these two categories is not considered a domain BY TORAH LAW.
Out of concern that people would confuse a non-enclosed area with a RHR and think carrying in a RHR is permitted, Rabbinic law added:
- Karmelit כרמלית
- Missing one of the criteria for RHR
- Doesn’t have the partitions for RHY
- Elevated between 3 -10 tefachim
- Must be at least 4 x 4 tefachim
- Treated with restrictions of both RHR and RHY
- RHR:
- Can’t carry 4 amot in it
- Can’t carry between it and RHY
- RHY:
- Can’t carry between it and RHR
- RHR:
Makom Petur מקופ פטור
- Neither RHR or RHY
- Smaller than 4 x 4 tefachim
ON TORAH LAW BASIS, PROHIBITION OF CARRYING IS ONLY BETWEEN RHR AND RHY OR 4 AMOT IN RHR.
The Partitions מחיצות
Minimum requirements:
- At least 10 tefachim high
- Enclose area of 4 x 4 tefachim
- Torah level- enough to have 3 (Rambam disagrees), but Rabbis said you need a 4th “something” added to make it appear more private
Openings: Don’t necessarily disqualify partition since you need to be able to get in and out
- Entrance פתח
- Doesn’t invalidate
- Considered part of the partition
- Gap/breach פרצה
- Invalidates
The rules of a פתח:
- Can’t be wider than 10 amot
- Gaps can’t exceed the “solid” space of the partition (some exceptions)
- Form of the doorway צורת הפתח – counts as a partition
- 2 posts and bar/string/wire attached across TOP of posts
Added 4th side:
- לחי – post
- At least 10 tefachim high
- Can be very thin
- Counts as a 4th wall
- Sometimes needs to be 4 tefachim wide – called a pas
- קורה – beam
- Beam goes across the top of the entire open side, connecting both side walls
- Doesn’t count as a 4th wall – just serves as a reminder that it’s not a RHR
- צורת הפתח – form of the entrance
- Made of 2 lechi’s and a kora (or string) connecting them
- Counts as a 4th wall
Leniencies: (Halakha leMoshe MiSinai)
- לבוד
- Space less than 3 tefachim is considered closed
- Thickness doesn’t matter
- Examples:
- Stakes separated by less than 3 tefachim is acceptable
- Ropes or wires strung horizontally separated by less than 3 tefachim but reaching to height of 10 tefachim is acceptable
- גוד (extension) – can “extend” partitions (that are 10 tefachim) to areas they don’t physically reach
- Downward גוד אחית מחיצתא
- Partition 10 tefachim high (eg: balcony) can be extended downward to convert area below it into RHY
- BUT if small goats can pass through the imaginary area (=3 tefachim or more) – it’s invalid
- Main application: if partition extends of water, it converts that part into RHY
- Upward גוד אסיק מחיצתא
- Partition 10 tefachim high can be extended upward and considered for that area also
- Downward גוד אחית מחיצתא
- Examples:
- פי תקרה יורד וסותם – edge of roof extends downward and seals
- Makes area below roof into RHY
- Not invalidated by passage of animals
- Roof = at least 4 x 4 tefachim
- Slanted roof doesn’t work
Rabbinically Prohibited RHY
- Alley מבוי
Can be:
- CLOSED סתום
- Dead end – Closed on three sides and only open where it meets RHR
- From Torah law, counts as RHY, but Rabbis concerned that people might get confused:
- Think you can carry in RHR
- Might carry from it into RHR
- Need to do something to open side to show that it’s separate from RHR
- Partition (or its equivalent)
- Crossbeam קורה across top of opening
- Post לחי next to one of the walls at the opening
- OPEN מפולש
- Open at both ends
- Need to “fix” both ends
- (Permitted) Area which is completely open to forbidden area נפרץ במלואו למקום איסור
- Permitted area has NO partition at all on side that adjoins forbidden area (courtyard open to karmelit)
- There IS a partition but the opening counts as a breach rather than an entrance:
- More than 10 amot wide
- Gaps exceed wall
- Carrying is permitted in each of 2 areas but forbidden from one to the other; if both completely open to each other, can’t carry within each area
- Non residential enclosed area קרפף
- Treated as karmelit even though has partitions like RHY
- Larger than 5000 square amot and not used for daily living
Eruvei Chatzerot and Shitufei Mevo’ot – “mixing” the courtyards and “partnering” the alleys
Enacted by Shlomo HaMelekh and his court:
- Prohibit carrying into communal spaces even if they are properly enclosed
- Institution of eruv and shituf which remove that prohibition
Prohibit carrying into communal spaces even if they are properly enclosed:
- Prohibit transfer from RHY to another RHY – safeguard against carrying from RHY to RHR
- Ownership in this case means right of usage
- Common area, where more than one household has usage rights, is considered its own reshut since ownership status is different than that of each household – so carrying from one house into common area is carrying from one domain to another
Remediation via eruv or shituf
- ערובי חצרות
- View all houses opening into common area as owned by a single “consortium”
- Collect loaf of bread from each home and place in one house for duration of Shabbat – symbolizes that all live in that place, making the courtyard the property of only one person, and therefore – since both courtyard and home are owned by same person – can carry there.
- If even one family does not participate, NOONE can carry from home to courtyard. Can remedy by that family being מבטל רשות – giving up their right to use the courtyard. Then they are considered “guests” of the “owners.”
- If one courtyard opens to another directly – can also be joined in one eruv
- Courtyard still needs the 4 walls
- Eruv only removes issue of communal use, not issues of structure
- שיתופי מבואות
- Allows carrying between courtyard and alley
- Alley is joint property of the courtyards opening into it – so need to “merge” all the courtyards into one unit so that can carry between courtyard(s) and alley
- Differs somewhat from eruv chatzerot:
- Enough to use lehi or kora; EC needs pas (or 2 lehi’s – one on each side)
- Can us more types of food; EC needs bread
- (Tzurat hapetach works for either)
- Can be done for entire city, as long as it has 3 walls and a lechi or kora.
Credit for the content: Artscroll Shottenstein edition of the Talmud Eruvin and Rabbi Faham of YEshivat Keter Torah in NJ from chinuch.org.
