Chapter 82 : The Prohibition Against Removing Things From One Domain To Another

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§1

It is forbidden to move anything a distance of four amos in a public domain or in a karmelis whether by carrying, throwing it, or handing it over. Even carrying [an object] a little at a time a distance of less than four amos is also forbidden.

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§2

It is forbidden to carry, to throw, or to hand over anything from a private to a public domain or to a karmelis; or [to carry] from a public domain or from a karmelis to a private domain. It is likewise [forbidden to carry] from a public domain to a karmelis, or from a karmelis to a public domain. But regarding a mekom petur, you are permitted to carry out and bring in from it into a private domain, public domain, or a karmelis ; and from the latter into the former, provided you do not carry the article four amos within the public domain or the karmelis. Since there are many complex differentiations regarding what constitutes a public domain, a karmelis, and a private domain, (aside from those mentioned in the previous chapter); therefore, in a town where no eiruv has been erected, a person who is not well versed [in these laws] should be careful not to carry any article from the place where it rests into a domain of a different category, unless he is certain that it is permissible.

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§3

Taking an article from the place where it is resting is called akirah (dislodging). Putting down an article is called hanachah (depositing). Even dislodging without depositing, or depositing without dislodging is forbidden. Therefore, a Jew is forbidden to hand an article to a non-Jew in order that he take it from a private domain to a public domain or a karmelis, for the Jew is thereby doing the dislodging; —rather, the non-Jew himself should take the article. Likewise, non-Jew brings an article, the Jew may not take it from his hand, for thereby the Jew does the depositing; rather, the non-Jew himself should put down the article. You should be careful in this regard in the case of an infant, when a non-Jewess carries him to the synagogue to be circumcised, that she herself pick up the baby in the house, and when she comes to the courtyard or the lobby of the synagogue, she should put him down, and then a Jewess should take him.

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§4

If there is a break in the partition of a courtyard, if what is left of the partition on one side of [the break] measures four tefachim wide by ten tefachim high, above the ground, or if there remains on both sides of [the break in] the wall a piece measuring one tefach wide by ten tefachim high, and the break is not wider than ten amos, it does not need to be repaired, for that break is considered as a door. But if the break is wider than ten amos, or if there has not been left of one side of the wall the width of four tefachim, or of the two sides, the width of one tefach of each, and certainly, if it was completely broken, that is, if there is no wall left, on one side, like this |_| , then, even if the break measures only three tefachim, it is forbidden to carry in this courtyard until it is repaired. (And the best way to repair it is) by making it in the form of a doorway. (If there are in this courtyard two or more households, they must also establish eiruvei chatzeiros, as will be explained, God willing, in Chapter 94).

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§5

We have stated above that if a break in the partition [of a courtyard] is not more than ten amos wide, it is considered as a door and does not need to be repaired. [This rule applies] only if there is only one break, but if there are two or more breaks, it is necessary that the area of the remaining wall be at least as large as the broken area. But if the broken area measures more than the part that remains standing, then every break that is more than three9 tefachim wide must be repaired.

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§6

What is a tzuras hapesach? [If] you erect two posts on either side [of an open space], each post no less than ten tefachim high and you place a stick or a string on them, [it is a tzuras hapesach, a form of a doorway] It is necessary that the stick or the string be attached specifically to the top [of the posts] and not to their sides. However, if you hammer a nail into the top of the posts and tie the string around it, it is perfectly acceptable. It is essential that neither of the posts he away from the wall more than three tefachim, nor should they be higher than three tefachim from the ground. In an emergency, when it is impossible to make a tzuras hapesach, except by placing the posts at a [greater] distance from the walls than three tefachim, you may follow the lenient view.

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§7

If a courtyard or a house opens to the street and its door opens inward and the doorpost, the lintel, and the threshold are towards the street, the space [in front of the door] is sometimes considered a private domain and sometimes a karmelis. Since not everyone is well versed in these laws, therefore, because of the existing doubt, we apply both the restrictions of a private domain and those of a karmelis. It is forbidden to carry anything from there into the street which is either a public domain or a karmelis, or from the street into this place for it may be a private domain. It is likewise forbidden to carry anything from the house or the courtyard to such a place, [in the space in front of the door,] nor from that place to any of the others, for it may be considered a karmelis. Therefore, if the door is locked and needs to be opened, care should be taken that a non-Jew put the key into the lock, and after opening the lock, before the Jew opens the door, the non-Jew should remove the key; for if the Jew would open the door while the key is in the lock he is thereby bringing the key from a karmelis into a private domain.

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§8

In many places there are houses whose roof extends from the wall of the house into the street and it is supported there by pillars. It is forbidden to carry anything from such a house into the area [beneath the extension], or to bring in anything from there into the house. It is also forbidden to carry anything there [over a distance of] four amos, because halachically it is considered as a street, whether it is a public domain or a karmelis. And although the roof rests on the pillars, giving it the form of a door [tzuras hapesach] which the halachah regards as a wall, still, since on its sides [between the pillars and the house] there is no wall, [you may not carry there]. It is necessary, therefore, to erect a post on one side near the wall of the house opposite the pillar which supports the roof, so that there should be a tzuras hapesach also on that side. The same should be done on the other side. If there are a number of such houses adjacent to each other, in this manner, it is sufficient if you erect [these posts] on the end of the outermost house on one side [of the row], and on the end of the outermost house on the other side [of the row]; and [the residents] should make an eiruvei chatzeiros.

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§9

You are allowed to place food in front of a non-Jew in a yard or a house, even though you know that he will take it outside; as long as you do not put [the food] into his hand, for if you do, you are doing an akirah dislodging; and you may place the food in front of him only if the non-Jew is allowed to eat [the food] there if he wants to, but if he is not allowed to eat it there, or you are giving him a large amount of food, so that he could not eat it all there; or if you give him other articles, when it is obvious that he will carry them outside, it is forbidden, because it appears as though you gave it to him with the aim of carrying it outside.

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§10

A woman may lead her child even in a public domain as long as she does not drag him. But the child should lift up one foot and keep the other one on the ground supporting himself on it until he sets down the foot he had lifted. This way he is always supporting himself on one foot. But when she drags both feet [of the child] it is just like carrying him, which is forbidden, even in a karmelis. Carrying a child outright, even if he is big enough to walk by himself, is forbidden, even in a karmelis. The Sages applied the rule that "a living being carries itself" only to exempt [the person who carries it] from bringing a sin-offering, but it still is a violation of a Rabbinical prohibition (shevus). In a karmelis it is a shevus on a shevus. It is necessary to warn the public who [generally] err regarding this matter.

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§11

[From] a stream that runs through a courtyard it is forbidden to draw water.

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§12

A person must not stand in a private domain and urinate or spit into a public domain or a karmelis, or from a public domain or a karmelis into a private domain, or from a public domain into a karmelis or from a karmelis into a public domain. Likewise, you must not walk four amos in a public domain or a karmelis, or from one domain into another with saliva in your mouth, if the saliva has already been moved from one place in your mouth to another

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§13

You may spill dirty water into a courtyard that measures four amos square, although it will run off to a public domain.