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

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 4^th “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 4^th side:

• לחי – post
  • At least 10 tefachim high
  • Can be very thin
  • Counts as a 4^th 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 4^th 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 4^th 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
• 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.