DAAT · LEVEL 3 — MAGISTERIAL SYNTHESIS
Siman ש״ע
סימן ש״ע · דיני שתוף בערוב
Recap & mnemonics for review
📑 Synthesis plan
- The central axiom of the siman
- The condensed key concepts
- Structure of the siman — from the place to the guest
- Decision tree — must this resident give his share?
- Where the eruv is placed, and the other residents — the recurring condition
- Mnemonic שער
- Pitfalls to avoid
- Practical cases
- Final synthesis table
- The practical commandments
The seif numbers on this page are those of the Shulchan Aruch of the Mechaber (8 seifim). The Shulchan Aruch HaRav, studied in Level 4, has its own numbering (10 seifim): when it is cited, its name is given next to the number.
1. The central axiom
Siman ש״ע in one sentence.
One who lives in the courtyard forbids the other residents until he has given his share to the eruv — the Mishnah Berurah writes so on the word אוסר of seif א: « עד שיתן חלקו בעירוב » (משנה ברורה ש״ע ס״ק ו). The siman then states, seif by seif, who need not give his share, and for what reason: the place is not a dwelling (seif א); those who live in the houses the householder lent or rented to them, when he keeps in each of them things not taken on Shabbos, because of their weight or of a prohibition, which are things that may not be moved even for the sake of their place, have become « כאורחים אצלו » (שו״ע או״ח ש״ע:ב); the parts of a hall and the houses the others pass through count as a gatehouse, all but the two innermost (seifim ג and ז); those who all eat at one table are « כאנשי בית א׳ » (שו״ע או״ח ש״ע:ד); the place of eating is what counts, and the portion received exempts only on the conditions of its seifim (seifim ה and ו); the guest who does not lodge in a fixed way, for thirty days or less, does not forbid (seif ח). Several seifim also make the exemption depend on where the eruv is placed, and on whether there are other residents in the courtyard (for instance seifim ג to ו).
One who lives in the courtyard forbids the other residents until he has given his share to the eruv — the Mishnah Berurah writes so on the word אוסר of seif א: « עד שיתן חלקו בעירוב » (משנה ברורה ש״ע ס״ק ו). The siman then states, seif by seif, who need not give his share, and for what reason: the place is not a dwelling (seif א); those who live in the houses the householder lent or rented to them, when he keeps in each of them things not taken on Shabbos, because of their weight or of a prohibition, which are things that may not be moved even for the sake of their place, have become « כאורחים אצלו » (שו״ע או״ח ש״ע:ב); the parts of a hall and the houses the others pass through count as a gatehouse, all but the two innermost (seifim ג and ז); those who all eat at one table are « כאנשי בית א׳ » (שו״ע או״ח ש״ע:ד); the place of eating is what counts, and the portion received exempts only on the conditions of its seifim (seifim ה and ו); the guest who does not lodge in a fixed way, for thirty days or less, does not forbid (seif ח). Several seifim also make the exemption depend on where the eruv is placed, and on whether there are other residents in the courtyard (for instance seifim ג to ו).
2. The condensed key concepts
| Concept | Definition | In the seif |
|---|---|---|
| דירה | A dwelling: one who lives in it forbids until he gives his share | The gatehouse, the portico and the gallery are not; the straw-house, the wood-house, the cattle-house and the storehouses are (seif א); in these places, if one eats there, it is a dwelling even if one does not sleep there (Mishnah Berurah, ס״ק ה, referring to seif ה) |
| בית שער | The gatehouse, through which one passes | One who lives in it does not forbid (seif א); the parts of a hall and the houses the others pass through count like it, except the two innermost (seifim ג and ז) |
| כאורחים אצלו | Like guests of the householder | Those who live in the houses he lent or rented, when he keeps in each of them things not taken on Shabbos, because of their weight or of a prohibition, which are things that may not be moved even for the sake of their place; they too may carry out to the courtyard without having given to the eruv (seif ב) |
| תפיסת יד | The householder's hold (tefisas yad) on a house | The Rema uses the term in the case of the birah (seif ב); the Mishnah Berurah already uses it on the Mechaber's words (ס״ק ט) and explains the Rema's gloss by it (ס״ק י״ג); the Shulchan Aruch HaRav uses it in the rule itself (seif 2 of its numbering, Level 4) |
| מחיצות מגיעות לתקרה בתוך ג״ט | Partitions that reach the ceiling within three tefachim | Each part of the hall is then a room by itself, even if they are of curtains (seif ג) |
| בית שמניחים בו העירוב | The house where the eruv is placed | It need not give its share (seif ג); likewise those to whom the eruv comes (seifim ד, ה and ו) |
| כאנשי בית א׳ | Like the members of one household | Those who all eat at one table (seif ד); according to the Rema, also many householders who eat in one room, each at his own table (seif ד) |
| פרס | The portion received by the sons, the wives, the slaves or the student; for anyone else who receives a portion from his fellow it does not help at all (Mishnah Berurah, ס״ק נ) | Brothers who eat it at home forbid when the eruv of the rest of the courtyard is placed elsewhere (seif ה); wives, slaves and a student who receive it do not forbid if there are no other residents in the courtyard or if the eruv comes to them (seif ו) |
| דרך קבע | In a fixed way | A guest who does not lodge so, for thirty days or less, does not forbid, even in a house by himself (seif ח) |
| בעל הבית א׳ קבוע | A fixed householder | According to the Rema, the guests, even many, are subordinate to him; guests by themselves forbid one another at once (seif ח) — when each has a room of his own for eating (Mishnah Berurah, ס״ק נ״ח), and in a lone courtyard (ס״ק נ״ט) |
3. Structure of the siman — from the place to the guest
Seif א — the place: one who lives in a gatehouse, a portico or a gallery of the courtyard does not forbid, these are not dwellings; one who lives in the straw-house, the wood-house, the cattle-house or the storehouses forbids.
↓
Seif ב — the householder's houses: lent or rented, if he keeps in each of them things not taken on Shabbos (because of their weight or of a prohibition, which are things that may not be moved even for the sake of their place), those who live there do not forbid him and they too may carry out to the courtyard without having given to the eruv; if the houses are not his, neither bought nor rented, they forbid one another. Rema: according to one view, this applies only when there are no other residents in the courtyard, or when the eruv is not brought to the other residents — that is, the Mishnah Berurah explains, when it is placed with this householder or in one of the lent houses (ס״ק י״ג); and a birah rented from a non-Jew, according to the intention of the rental.
↓
Seif ג — the divided hall: if the groups all pass through one another, only the two innermost give; if each has its opening to the courtyard (Rema: or to a gatehouse open to the courtyard), everything depends on the partitions and on where the eruv is placed (section 5); actual upper rooms, or fixed partitions that reach the ceiling (Mishnah Berurah, ס״ק ל״א), each group gives; the teacher or the scribe living in a householder's house, and the students living with the Rav, do not forbid.
↓
Seif ד — one table: those who all eat at one table need no eruv among themselves; with another courtyard, one eruv and one bread. Rema: likewise each at his own table in one room, and a curtain sometimes spread for modesty is not a partition.
↓
Seif ה — the place of eating: it is what counts; brothers who eat at their father's house and sleep at home do not forbid; if he gives them a portion that they eat at home, they forbid, when the eruv of the rest of the courtyard is placed elsewhere.
↓
Seif ו — those who receive a portion: the wives, the slaves and the student, each eating in his own house, do not forbid, if there are no other residents in the courtyard or if the eruv comes to them.
↓
Seif ז — houses one inside the other: if all go out through the outermost, only the two innermost give; the others are like a gatehouse.
↓
Seif ח — the guest: if he does not lodge in a fixed way, for thirty days or less, he does not forbid, even in a house by himself. Rema: even many guests, when there is a fixed householder; guests by themselves forbid one another at once, when each has a room of his own for eating (Mishnah Berurah, ס״ק נ״ח).
4. Decision tree — must this resident give his share?
Q1: Is the place where he lives a dwelling? (seif א)
↓ Gatehouse, portico, gallery → he does not forbid. Straw-house, wood-house, cattle-house, storehouses → he forbids until he gives his share (Mishnah Berurah, ס״ק ו). In these last places, if one eats there, it is a dwelling even if one does not sleep there (Mishnah Berurah, ס״ק ה).
Q2: Does he live in a house the householder lent or rented to him? (seif ב)
↓ YES, and the householder keeps in each of them things not taken on Shabbos, because of their weight or because of a prohibition, which are things that may not be moved even for the sake of their place → he does not forbid him; if the houses are not his, neither bought nor rented → they forbid one another, despite his things. The Rema reports a view: this applies only when there are no other residents in the courtyard, or when the eruv is not brought to the other residents; the Mishnah Berurah (ס״ק י״ג) explains that this is the case where the other residents place their eruv with this householder or in one of the lent houses. The Shulchan Aruch HaRav (seif 2 of its numbering, Level 4) states the main rule for forbidden things alone, reports weight as a view, and writes « וְיֵשׁ לְהַחֲמִיר בְּזֶה » (שו״ע הרב ש״ע:ב).
Q3: Is he one of the groups of a hall divided by partitions? (seif ג)
↓ If they all pass through one another → only the two innermost give. If each has its opening to the courtyard → see section 5. Actual upper rooms, or fixed partitions that reach the ceiling (Mishnah Berurah, ס״ק ל״א) → each group gives, even if the eruv is in the hall. The teacher or the scribe living in a householder's house, and the students living with the Rav, each in his room → they do not forbid, even if they eat and sleep in their room; the Mishnah Berurah (ס״ק ל״ג) requires the two reasons it gives to be combined, unless the householder has a hold (tefisas yad); the Shulchan Aruch HaRav (seif 5) gives as a reason only the second (he does not lend them his domain so that they forbid him), adding that he can remove them at any time, and writes of baking and cooking in the large house that it is of no use when the rooms belong to them, are rented to them, or are lent to them so that he cannot remove them before the term, unless they are students who receive a portion from their master, when there are no other residents in the courtyard or the courtyard's eruv is placed with them or in their master's house (the Rav's seif 7); the Biur Halachah reads him as making everything depend on whether he can remove them, and itself limits the requirement of the two reasons to a loan for a period (Level 4); consult your Rav.
Q4: Does he eat with the others? (seif ד)
↓ All at one table → no eruv among them, even if each has his own house. According to the Rema, likewise many householders who eat in one room, each at his own table, even if each sleeps in his own room; and a curtain sometimes spread for modesty does not separate them.
Q5: Where does he eat, and does he receive a portion? (seifim ה and ו)
↓ The place of eating is what counts: brothers who eat at their father's house do not forbid; if they receive a portion and eat it at home, they forbid when the eruv of the rest of the courtyard is placed elsewhere (seif ה). The wives, the slaves and the student who receive a portion do not forbid, if there are no other residents in the courtyard or if the eruv comes to them (seif ו).
Q6: Is his house one of houses one inside the other, going out through the outermost? (seif ז)
↓ Only the two innermost give; the others are like a gatehouse.
Q7: Is he a guest? (seif ח)
↓ Not fixed, for thirty days or less → he does not forbid, even in a house by himself; according to the Rema, when there is a fixed householder, and guests by themselves forbid one another at once, when each has a room of his own for eating (Mishnah Berurah, ס״ק נ״ח) and in a lone courtyard: where they lodge in a city that has other Jewish courtyards and whose mevo'os are arranged according to the law, they are nullified relative to the city's fixed householders (ס״ק נ״ט). Beyond thirty days, the Mishnah Berurah (ס״ק נ״ה) writes that he is fixed and forbids, and considers it reasonable, « ומסתברא » (משנה ברורה ש״ע ס״ק נ״ה), that one who settles from the outset for more than thirty days forbids at once; the Shulchan Aruch HaRav (seif 10) writes that after thirty days he forbids if he cannot be removed for the length of his rental or loan, and that even one who settles for longer does not forbid before the thirty days (Level 4); and both write that this holds where the community does not make the eruv of courtyards (ס״ק נ״ה, in the name of the Taz; the Rav's seif 10): consult your Rav.
→ At the slightest doubt: consult your Rav.
5. Where the eruv is placed, and the other residents — the recurring condition
Several seifim exempt only according to where the eruv is placed, or when there are no other residents in the courtyard. summary: the table condenses the seifim; their full text and translation are in Level 1. A dash: the seif does not speak of this case.
| Seif and case | The eruv is placed elsewhere | The eruv is placed with them | No other residents in the courtyard |
|---|---|---|---|
| Seif ב, gloss of the Rema (one view): those living in the lent or rented houses | Each must take part in the eruv | The Mishnah Berurah (ס״ק י״ג): no bread to give, if the eruv is with this householder or in one of the lent houses | They do not forbid him (the Mechaber's rule) |
| Seif ג: partitions that reach the ceiling, even of curtains | Each group gives | They need not give at all — according to the Mishnah Berurah (ס״ק כ״ה), with temporary partitions | They need no eruv — according to the Mishnah Berurah (ס״ק כ״ה), with temporary partitions |
| Seif ג: partitions that do not touch the ceiling | One eruv for all five groups | — | — |
| Seif ג: actual upper rooms, or fixed partitions that reach the ceiling (Mishnah Berurah, ס״ק ל״א) | Each group gives | Each group gives, even if the eruv is in the hall — except, writes the Biur Halachah, the group with whom it is placed (Level 1) | — (the seif does not say; the Mishnah Berurah, ס״ק ל״ב: each group gives, even without other residents; the Shulchan Aruch HaRav, seif 5 of its numbering: actual rooms opening to the courtyard forbid one another even without other residents) |
| Seif ד: all eat at one table | With another courtyard: one eruv and one bread, brought to the place with which they make the eruv | They need not give | They need no eruv among themselves |
| Seif ה: brothers who eat their father's portion at home | They forbid | They need not make an eruv (the eruv in one of these houses) | They need not make an eruv |
| Seif ו: the wives, the slaves, the student who receive a portion | — (the seif sets the exemption in the two other cases) | They do not forbid | They do not forbid |
What the Shulchan Aruch HaRav writes on these cases (its numbering, Level 4):
- Seif 3: it reports as a view (« יֵשׁ אוֹמְרִים », שו״ע הרב ש״ע:ג) that the householder's hold helps only when there are no other residents in the courtyard, or when they place their eruv in his house or in one of the houses where he has the hold; if the eruv is in one of the other residents' houses, each of these houses must give bread.
- Seif 5: the eruv placed elsewhere means with one of the other residents, or in another courtyard that made the eruv with this one; and actual rooms or upper rooms opening to the courtyard forbid one another even without other residents.
- Seif 7: brothers who have houses in their father's courtyard, receive a portion from their father and eat at home give, together with their father, each his eruv when the eruv of the courtyard is with one of the other residents; none is needed if there are no other residents, nor if the eruv is with one of the brothers or with their father; likewise for wives, slaves and students who receive a portion.
6. Mnemonic שער
The gatehouse comes back in seifim א, ג and ז: one who lives in it does not forbid, and what the others pass through counts like it, except the two innermost. Three letters for three exemptions — they follow the word, not the order of the seifim (ש in seifim ג and ז, ע in seifim ד and ו, ר in seif ח):
ש — שנים הפנימיים: when all pass through one another and go out through the outermost, only the two innermost give (seifim ג and ז).
ע — עירוב בא אצלם: if the eruv comes to them, they need not give (seif ד; likewise in seif ו).
ר — רבים: the guests, even many, are subordinate to a fixed householder — ואפילו אם האורחים רבים ובעל הבית א׳ (seif ח, gloss of the Rema).
7. Pitfalls to avoid
Pitfall 1: Thinking that a straw-house or a cattle-house is not a dwelling, or that a place where one does not sleep is not one. One who lives in the straw-house, the wood-house, the cattle-house or the storehouses forbids (seif א); the Shulchan Aruch HaRav (seif 1) writes « אַף עַל פִּי שֶׁעֲשׂוּיִים מִקָּנִים וְכַיּוֹצֵא בָהֶם » (שו״ע הרב ש״ע:א); and on seif א, the Mishnah Berurah: « דאם אוכל שם אע״פ שאינו ישן ושוכב שם מקרי דירה דמקום פיתא גורם » (משנה ברורה ש״ע ס״ק ה).
Pitfall 2: Thinking that any object of the householder will do. The Mechaber speaks of things not taken on Shabbos, because of their weight or because of a prohibition, which are things that may not be moved even for the sake of their place (seif ב) — on these last words, the Mishnah Berurah explains that otherwise he might take them out and no hold would remain to him (ס״ק ט); it also requires that they actually be placed there (ס״ק י). On weight, the commentators do not read the seif alike: the Mishnah Berurah writes that a heavy object does not become muktzeh through its weight, but that it is not taken on Shabbos because of the effort of moving it (ס״ק ח); the Magen Avraham asks what limit there is to such a weight and concludes that one should be stringent (ס״ק ג). The Shulchan Aruch HaRav (seif 2) writes it too: things that may be moved for their use or for their place do not count; it reports weight as a view, on which it writes that one should be stringent. And if the houses are not his, neither bought nor rented, his things are of no use there (seif ב).
Pitfall 3: Forgetting the view the Rema reports in seif ב: « ויש אומרים דכל זה כשאין דיורים בחצר אלא הם אבל כשיש דיורים אחרים ומוליכים ערובן אצלן צריכים כל אחד לערב » (רמ״א או״ח ש״ע:ב). The Mishnah Berurah (ס״ק י״ג) excepts the case where the other residents place their eruv with this householder or in one of the lent houses; the Shulchan Aruch HaRav also reports it as a view (seif 3 of its numbering).
Pitfall 4: Extending the exemption of the teacher, the scribe and the students (end of seif ג) to anyone living with the householder. The Mishnah Berurah (ס״ק ל״ג) requires its two reasons to be combined: if their rooms are bought or rented by them, or even lent but each makes his own use of his room separately [without using what belongs to the householder for baking, cooking and everything], they forbid — unless the householder has a hold there (same ס״ק, which refers to seif ב). The Shulchan Aruch HaRav (seif 5): if the rooms belong to them, are rented to them, or are lent to them so that he cannot send them away before the term, they forbid him, unless he has a hold there, even if they bake and cook in his large house — unless they are students who receive a portion from their teacher, when there are no other residents in the courtyard or the courtyard's eruv is placed with them or in their teacher's house (seifim 5 and 7 of its numbering); when he can remove them at any time, he writes that they do not forbid, without mentioning cooking in this case, and the Biur Halachah reads him as making everything depend on this (Level 4). For a lent room the householder can take back, where each makes his own use, the Mishnah Berurah as written makes them forbid; on the Biur Halachah's reading the Rav does not, and the Biur Halachah itself limits the requirement of the two reasons to a loan for a period: consult your Rav.
Pitfall 5: Taking the curtain of seif ד for a partition, like the curtains of seif ג. In seif ד, the Rema writes of the curtain sometimes spread for modesty: « לא מיקרי מחיצה הואיל ולא הוי שם בקביעות » (רמ״א או״ח ש״ע:ד); in seif ג, by contrast, partitions that reach the ceiling within three tefachim make each part a room by itself, « אפילו הן של יריעות » (שו״ע או״ח ש״ע:ג) — provided, writes the Mishnah Berurah, that they are tied well at the bottom so that the wind does not move them (ס״ק כ״ג). The Shulchan Aruch HaRav (seif 6) writes: even if it reaches the ceiling, and contrasts this curtain with the curtains of the groups in the hall, which stay spread the whole time of their stay there.
Pitfall 6: Thinking that a portion received always exempts. Brothers who receive a portion from their father and eat it at home forbid (seif ה); they need not make an eruv if the eruv of the rest of the courtyard is placed in one of these houses, or if there are no other residents with them in the courtyard (seif ה); the wives, the slaves and the student who receive a portion do not forbid, if there are no other residents in the courtyard or if the eruv comes to them (seif ו).
Pitfall 7: Thinking that a guest does not forbid in any case, whatever the length of his stay and whether or not there is a fixed householder. Seif ח exempts the guest who does not lodge in a fixed way, for thirty days or less; the Rema adds that there must be a fixed householder, and that « אבל אורחים ביחד אוסרים זע״ז מיד » (רמ״א או״ח ש״ע:ח). The Mishnah Berurah understands it as a case where each has a room of his own for eating (ס״ק נ״ח), as does the Shulchan Aruch HaRav (seif 10); and in a lone courtyard: in a city that has other Jewish courtyards and whose mevo'os are arranged according to the law, the guests are nullified relative to the city's fixed householders (ס״ק נ״ט).
Pitfall 8: Mixing the two numberings. Levels 1 to 3 follow the Shulchan Aruch of the Mechaber (8 seifim); Level 4 follows the Shulchan Aruch HaRav (10 seifim), whose division differs: essentially, the divided hall of the Mechaber's seif ג is found there in seif 5, and the guest of seif ח in seifim 9 and 10.
8. Practical cases
| Situation | Analysis | Conduct |
|---|---|---|
| An owner rents out lodgings in his courtyard and leaves heavy furniture in them (application by the site) | Seif ב: if he keeps in each of them things not taken on Shabbos, because of their weight or of a prohibition, which are things that may not be moved even for the sake of their place, those who live there are like his guests; his things must actually be placed there (Mishnah Berurah, ס״ק י) and he must have the right to place them there (ס״ק י״א); according to the view the Rema reports, only when there are no other residents in the courtyard, or when the eruv is not brought to the other residents — that is, the Mishnah Berurah explains, when it is placed with this householder or in one of the lent houses (ס״ק י״ג) | The Mechaber names weight (seif ב); the Mishnah Berurah writes that a heavy object does not become muktzeh through its weight, but that it is not taken on Shabbos because of the effort of moving it (ס״ק ח, Level 1); the Magen Avraham asks what limit there is to such a weight and concludes that one should be stringent (ס״ק ג, Level 1); the Shulchan Aruch HaRav (seif 2) reports it as a view and writes that one should be stringent; the question is for the Rav |
| Several tenants each occupy their own rooms in one house and go out through a common room (application by the site) | Seif ג and the Rema's gloss: each has his opening to a gatehouse open to the courtyard; the Mishnah Berurah concludes from this, for the houses of its time, that all must take part in the eruv (ס״ק כ״א) | If the town's eruv is broken, the Mishnah Berurah writes that it is forbidden to carry from one's room to one's neighbor's, unless the householder has a tefisas yad in their rooms (ס״ק כ״א); consult your Rav |
| A student lodging with his Rav, in his own room open to the courtyard | End of seif ג: the students who study before the Rav and live in his house do not forbid, even if they eat and sleep in their room; the Mishnah Berurah requires its two reasons to be combined (ס״ק ל״ג) | If the room is bought or rented by him, or even lent but he makes his own use of it separately, he forbids according to the Mishnah Berurah, unless the householder has a hold (ס״ק ל״ג); the Shulchan Aruch HaRav (seif 5) writes that he forbids if the room is bought, rented, or lent so that he cannot be sent away before the term, unless the householder has a hold there, even if he bakes and cooks in the householder's large house, except for students who receive a portion from their teacher, when there are no other residents in the courtyard or the courtyard's eruv is placed with them or in their teacher's house (seifim 5 and 7), and that he does not forbid if he can be sent away at any time; in this last case, when he makes his own use, it is on the Biur Halachah's reading that the Rav does not make him forbid, while the Mishnah Berurah does (Level 4): consult your Rav |
| Many householders eat in one room, each at his own table, and each sleeps in his own room | The Rema's gloss on seif ד: no partition separates the place where they eat; a curtain sometimes spread for modesty is not a partition | One eruv for all (seif ד, Rema) |
| Brothers eat at their father's house and sleep in their own houses in the same courtyard | Seif ה: the place of eating is what counts; they do not forbid | If he gives them a portion that they eat at home, they forbid, when the eruv of the rest of the courtyard is placed elsewhere (seif ה) |
| Guests stay for a few Shabbosos in separate lodgings in the courtyard (application by the site) | Seif ח: a guest who does not lodge in a fixed way, for thirty days or less, does not forbid, even in a house by himself; according to the Rema, when there is a fixed householder | Beyond thirty days, the Mishnah Berurah writes that he is fixed and forbids, and considers it reasonable, « ומסתברא » (משנה ברורה ש״ע ס״ק נ״ה), that one who settles from the outset for more than thirty days forbids at once; the Shulchan Aruch HaRav (seif 10) writes that he forbids only after the thirty days, and if he cannot be removed for the length of his rental or loan (Level 4). The Mishnah Berurah reports in the name of the Taz an exemption where the community makes the eruv of courtyards on Erev Pesach, as was the custom of its time (ס״ק נ״ה); the Shulchan Aruch HaRav (seif 10): where the community makes the eruv at the start of the year for the whole year, the guests who are added do not forbid; consult your Rav |
9. Final synthesis table
| Element | Detail |
|---|---|
| Subject of the siman | Who must take part in the eruv of courtyards — the title of the siman: דיני שתוף בערוב |
| Place | It follows siman שס״ט, which states how the eruv is transferred; in seif ח, the Rema refers to the end of siman שצ״א, and a reference in square brackets, in the edition printed on Sefaria, leads to siman שפ״ד |
| Number of seifim | 8 seifim (Mechaber, with the Rema's glosses) — 10 seifim in the Shulchan Aruch HaRav |
| Mishnah Berurah | 61 ס״ק on this siman |
| Glosses of the Rema | At seifim ב, ג (two glosses), ד and ח |
| The printed edition | In seif ג, a one-word parenthesis in small print, without the word הגה (Level 1) |
| Talmudic sources and Rishonim | See Level 2 |
| Golden rule | One who lives in the courtyard forbids until he gives his share (seif א; Mishnah Berurah, ס״ק ו). Those who need not give it, each according to his seif: one whose place is not a dwelling (seif א), those living in the houses the householder lent or rented to them, where he keeps in each of them things not taken on Shabbos, because of their weight or of a prohibition, which are things that may not be moved even for the sake of their place (seif ב), the parts of a hall and the houses the others pass through, except the two innermost (seifim ג and ז), those who eat together (seif ד), those attached by the place of eating or by the portion, on their conditions (seifim ה and ו), and the temporary guest (seif ח) |
| Practical ruling | Each exemption has its conditions: whose the houses are (seif ב), the layout of the openings and partitions (seifim ג and ז), the place of eating and the portion (seifim ד to ו), the length of the stay and the fixed householder (seif ח), where the eruv is placed and whether there are other residents (section 5); consult your Rav |
10. The practical commandments of Siman ש״ע
For daily conduct
- The place: one who lives in a gatehouse, a portico or a gallery of the courtyard does not forbid; one who lives in the straw-house, the wood-house, the cattle-house or the storehouses forbids until he gives his share (seif א; Mishnah Berurah, ס״ק ו). The Shulchan Aruch HaRav (seif 1) also counts the sukkah, during the festival, among what is not a dwelling.
- The householder's houses: lent or rented, with things not taken on Shabbos in each of them, because of their weight or of a prohibition, which are things that may not be moved even for the sake of their place, they do not forbid him; if they are not his, his things are of no use there (seif ב). According to the view the Rema reports, only when there are no other residents in the courtyard, or when the other residents place their eruv with this householder or in one of the lent houses (seif ב; Mishnah Berurah, ס״ק י״ג). The Mechaber names weight beside prohibition (seif ב); for things not taken only because of their weight, the Shulchan Aruch HaRav (seif 2) reports it as a view and writes that one should be stringent.
- The divided hall: according to the passage, the openings, the partitions and where the eruv is placed (seif ג; section 5); actual upper rooms, or fixed partitions that reach the ceiling (Mishnah Berurah, ס״ק ל״א), each group gives (seif ג); the teacher or the scribe living in a householder's house, and the students living with the Rav, do not forbid (seif ג) — on what conditions, the Mishnah Berurah (ס״ק ל״ג) and the Shulchan Aruch HaRav (seif 5) do not write the same thing (Level 4): consult your Rav.
- One table: those who all eat together need no eruv among themselves; with another courtyard, one bread, and if the eruv comes to them, they need not give (seif ד); according to the Rema, likewise each at his own table in one room, and the curtain spread for modesty does not separate (seif ד).
- Eating and the portion: the place of eating is what counts (seif ה); brothers who receive a portion and eat it at home forbid, unless the eruv of the rest of the courtyard is placed in one of these houses, or there are no other residents with them (seif ה); wives, slaves and a student who receive a portion do not forbid, if there are no other residents or if the eruv comes to them (seif ו).
- Houses one inside the other: when all pass from one to the other and go out through the outermost to the courtyard, only the two innermost give (seif ז).
- The guest: not fixed, for thirty days or less, he does not forbid (seif ח); according to the Rema, when there is a fixed householder, and guests by themselves forbid one another at once (seif ח), when each has a room of his own for eating (Mishnah Berurah, ס״ק נ״ח; Shulchan Aruch HaRav, seif 10) and in a lone courtyard (Mishnah Berurah, ס״ק נ״ט). The Shulchan Aruch HaRav (seif 10) reports a view that a Jew who usually settles forbids at once, and writes that in matters of divrei soferim one follows the lenient view. For one who settles from the outset for more than thirty days, the Mishnah Berurah (ס״ק נ״ה) and the Shulchan Aruch HaRav (seif 10) do not write the same thing (Level 4): consult your Rav.
- In case of doubt — consult your Rav. In-depth pilpul — Level 2; Chabad shitah — Level 4.
📚 Recap of the study path
You have studied Siman ש״ע in 3 levels:
You have studied Siman ש״ע in 3 levels:
- 🌱 Level 1 — Foundations: the text of the Mechaber and the Rema seif by seif, English translation, halakhic concepts
- ⚡ Level 2 — Lamdan: Gemara sources, shittos of the Rishonim, machlokesim, nafka minos
- ✨ Level 3 — Synthesis: axiom, mnemonic, decision tree, practical commandments