Siman שע״א
📑 Synthesis plan
- The central axiom of the siman
- The condensed key concepts
- Structure of the siman — from leaving to death
- Decision tree — does the resident's house forbid?
- By day or after nightfall — seifim ג, ד and ה
- Mnemonic דירה
- 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 (6 seifim). The Shulchan Aruch HaRav, studied in Level 4, also has 6 seifim, but divided differently: when it is cited, its name is given next to the number.
1. The central axiom
Does the house of a resident of the courtyard still forbid carrying to the other residents when he has left, died or is dying? The Mishnah Berurah gives the reason for seif א: « והטעם דדירה בלא בעלים לא שמה דירה ואינה אוסרת בחצר אף שלא נתנה חלק בעירוב » (משנה ברורה שע״א ס״ק א); the Shulchan Aruch HaRav opens its seif 1 with this principle: « דִּירָה בְּלֹא בְעָלִים אֵינָהּ דִּירָה וְאֵינָהּ אוֹסֶרֶת בְּחָצֵר » (שו״ע הרב שע״א:א). The siman then sets out the cases, each in its own seif: a resident who went to spend Shabbos elsewhere, Jew or non-Jew (seif א), one who changes his mind and returns (seif ב), a house inherited from someone from the marketplace (seif ג), a resident who died on Shabbos (seif ד), the convert (seif ה), and then the dying man, the minor and the guest (seif ו).
2. The condensed key concepts
| Concept | Definition | In the seif |
|---|---|---|
| דירה בלא בעלים | A dwelling without its owner is not a dwelling and does not forbid in the courtyard (Mishnah Berurah, ס״ק א) | The reason for seif א according to the Mishnah Berurah; the Tur already opens his siman with it (טור או״ח שע״א), and the Shulchan Aruch HaRav (seif 1 of its numbering) also sets it as the principle of the siman, and adds that one may carry from that house into a courtyard whose other residents made an eruv among themselves |
| הסיח מלבו | He put [his dwelling] out of his mind: he is considered as though he did not live there that Shabbos (Mishnah Berurah, ס״ק ז, on the וי״א view, by comparison with a Jew) | Seif א: a Jew who left without intending to return home on Shabbos does not forbid |
| עד שישכרו ממנו מקומו | Until his place is rented from the non-Jew | Seif א, first view: a non-Jew who went to another city forbids until then, if it is within a day's walk; farther, he does not forbid |
| שבת שהותרה | A Shabbos that was permitted does not become forbidden again (Mishnah Berurah, ס״ק ח) | The reason for seif ב according to the Mishnah Berurah, which writes that a non-Jew who comes on Shabbos does forbid (ס״ק ח); it gives the same reason in seifim ד and ה (ס״ק ט״ז and ל״א) |
| ביה״ש | Twilight (bein hashmashos), the time when the eruv is acquired (Mishnah Berurah, ס״ק י״ד) | Seif ג: if he died by day, the house already belonged to the heir at twilight (ס״ק י״א); if he died after nightfall, it did not at that time (ס״ק י״ד) |
| תלויה ועומדת | In suspense: the house of a convert who died by day could be taken possession of while it was still day (Shulchan Aruch HaRav, seif 4; Magen Avraham, ס״ק ז) | Seif ה: this is why one does not say, according to the Mishnah Berurah (ס״ק כ״ח), that what was permitted remains permitted |
| ביטול רשות | Renouncing one's domain | Seif ה: another Jew who takes possession of the property of a convert who died by day forbids « עד שיבטל רשותו כשאר יורש » (שו״ע או״ח שע״א:ה) |
| גוסס | The dying man: as long as he is alive, he is like a living person in every respect (Mishnah Berurah, ס״ק ל״ב) | Seif ו: he forbids, even though he cannot survive that day, until bread is transferred to him and the eruv is made on his behalf |
| אורח | The guest | Seif ו: he does not forbid, as explained in siman 370 |
3. Structure of the siman — from leaving to death
4. Decision tree — does the resident's house forbid?
5. By day or after nightfall — seifim ג, ד and ה
Seifim ג, ד and ה distinguish a death that occurred while it was still day (מבעוד יום) from a death after nightfall (משחשיכה) or on Shabbos. summary: the table condenses these seifim; the full text and its translation are in Level 1.
| Seif | Case | Died while it was still day | Died after nightfall |
|---|---|---|---|
| ג | The house of someone from the marketplace, left to a resident of the courtyard; according to the Mishnah Berurah, he had not made the eruv for that house (ס״ק ט) | The one who acquires it does not forbid: his eruv also permits what he inherited, even if he made it before the death (Mishnah Berurah, ס״ק י״א) | He forbids, even though he made the eruv with them: at twilight the house was not his (Mishnah Berurah, ס״ק י״ד) |
| ד | A resident of the courtyard (the seif first deals with death on Shabbos; death by day comes only at its end) | An heir from the marketplace forbids, provided he came to the house on Shabbos; here the seif does not distinguish whether the deceased had made the eruv: when he dies by day, his eruv is annulled (Mishnah Berurah, ס״ק כ״ג) | Died on Shabbos: if he had made the eruv, he does not forbid, even if someone from the marketplace inherits. Otherwise, an heir from the marketplace forbids if he comes to live in the house on Shabbos (in these two cases, according to the Mishnah Berurah, the deceased had not left any household members in the house, ס״ק ט״ז, י״ז); an heir from the courtyard who had made the eruv does not forbid if he lived with the deceased, and forbids if he lived in another house in the courtyard |
| ה | The convert, who lived in the courtyard with a Jew; according to the Mishnah Berurah, they had made the eruv together (ס״ק כ״ו) | Another Jew who takes possession of his property forbids, even if he did so only after nightfall (according to the Mishnah Berurah, this is the case where he also came to live in the house, ס״ק כ״ט), until he renounces his domain; if it is the Jew living there who took possession, it is permitted in every case, since he remains alone in his courtyard (Mishnah Berurah, ס״ק כ״ז) | The one who takes possession does not forbid: « שבהיתר הראשון עומד » (שו״ע או״ח שע״א:ה) |
- Seif 2 (the Mechaber's seif ג): if he died after nightfall, the heir himself may not carry either, « וְגַם הוּא אָסוּר לְטַלְטֵל בֶּחָצֵר, בֵּין מִבַּיִת שֶׁלּוֹ בֵּין מִבַּיִת זֶה » (שו״ע הרב שע״א:ב), and he forbids even if he has not yet entered the house — which the Mishnah Berurah, later than the Rav, also writes for this seif (ס״ק י״ב); the Rosh, reported by the Beis Yosef, writes it with the same reason for an heir who lives in another house in the courtyard, the case of the Mechaber's seif ד (where the Mishnah Berurah writes it too, ס״ק כ״א).
- Seifim 3 and 4 (the Mechaber's seifim ד and ה): the Rav opens his seif 3 by specifying that the deceased left no members of his household in his house, « אֶחָד מִבְּנֵי הֶחָצֵר שֶׁמֵּת בְּשַׁבָּת וְלֹא הִנִּיחַ בְּנֵי בַיִת בְּבֵיתוֹ » (שו״ע הרב שע״א:ג) — which the Mishnah Berurah, later than the Rav, also writes on the Mechaber's seif ד (ס״ק ט״ז, י״ז); and where Shabbos remains permitted through the deceased's eruv, the Rav sets a condition, « וּבִלְבָד שֶׁלֹּא הָיָה הַמּוֹרִישׁ גּוֹסֵס מִבְּעוֹד יוֹם » (שו״ע הרב שע״א:ג), and the same for the convert (seif 4); according to the Magen Avraham on seif ו (ס״ק ח), writes the Biur Halachah, the Mechaber's seif ד must be speaking of a deceased who was not yet dying as Shabbos began; according to the Atzei Almogim, which it cites, the Shulchan Aruch there speaks of every case.
- Seif 5 (the Mechaber's seif ו): if the dying man dies on Shabbos, one does not say that what was permitted remains permitted, « כֵּיוָן שֶׁאֵין הָעֵרוּב רָאוּי לְהִתְקַיֵּם כָּל הַשַּׁבָּת, שֶׁרֹב גּוֹסְסִין לְמִיתָה » (שו״ע הרב שע״א:ה). The Magen Avraham writes this before him (ס״ק ח); the Biur Halachah reports that the Atzei Almogim disputes this rule, and writes: « ובשעת הדחק נראה דיש לסמוך ע״ז » (ביאור הלכה שע״א). Consult your Rav.
6. Mnemonic דירה
The siman turns on the dwelling: a dwelling without its owner does not forbid (Mishnah Berurah, ס״ק א). Four letters of the word for four reminders, given here in the order of the seifim:
ד — דירה בלא בעלים: the house of a Jew who left without intending to return on Shabbos does not forbid (seif א).
ה — הסיח מלבו: a Jew who put [his dwelling] out of his mind does not forbid (seif א), even if he changes his mind and returns (seif ב; Mishnah Berurah, ס״ק ח) — for the non-Jew, see pitfall 1; for one who returns, the reservation in pitfall 2.
י — יורש: the heir — the ruling depends, among other things, on the time of death and on where the heir lives (seifim ג and ד).
ר — רשותו: another Jew who takes possession of the property of a convert who died by day forbids (if he took possession only after nightfall: according to the Mishnah Berurah, when he also came to live in the house, ס״ק כ״ט) until he renounces his domain (seif ה).
7. Pitfalls to avoid
8. Practical cases
| Situation | Analysis | Conduct |
|---|---|---|
| Going away for Shabbos, without intending to return | A Jew who does not intend to return home on Shabbos does not forbid (seif א); according to the Mishnah Berurah, having left with his whole household while it was still day (ס״ק ב) | For one who leaves on Shabbos, the Biur Halachah is not lenient, except perhaps, in a pressing situation, relying on the Magen Avraham, when he explicitly put his dwelling out of his mind; consult your Rav |
| A non-Jewish resident of the courtyard away for Shabbos | According to the first view of the seif, even if he went to another city, he forbids if it is within a day's walk, until his place is rented from him; farther, he does not forbid. According to the view introduced by וי״א, which the brackets adopt, even if he went to another courtyard he does not forbid (seif א). The Mishnah Berurah refers to the Biur Halachah (ס״ק ו), which writes in the name of several poskim that one is lenient for a non-Jew only if he went to another city, not to another courtyard; and the Biur Halachah adds that, according to the first view of the seif, the non-Jew forbids whether he went to another city or to another courtyard (ביאור הלכה שע״א) | Renting his place, and the conduct for another city as for another courtyard: consult your Rav; for a non-Jew who came on Shabbos, the brackets of seif א refer to siman 383 |
| Coming home after all on Shabbos | If he had left without intending to return on Shabbos, he does not forbid (seif ב; Mishnah Berurah, ס״ק ח); according to the Shulchan Aruch HaRav (seif 1), this applies to one who left while it was still day: one who left after nightfall forbids when he returns | The Biur Halachah concludes that one should be stringent, except in a pressing situation; consult your Rav |
| A resident of the courtyard passes away on Shabbos | If he had made the eruv, he does not forbid — provided, according to the Magen Avraham as the Biur Halachah reads him, that he was not already dying as Shabbos began, a condition the Shulchan Aruch HaRav also sets (seif 3 in its numbering); the Biur Halachah reports that the Atzei Almogim disputes it (section 5); otherwise, it depends, among other things, on the heir, on where he lives and on his coming to the house (seif ד) | The Biur Halachah writes, on an heir from the marketplace who does not come to live in the house: « והנה המחבר סתם כדעת הרא״ש והתוספות אבל אין דין זה ברור » (ביאור הלכה שע״א); consult your Rav |
| A resident of the courtyard is dying as Shabbos begins | He forbids, even though he cannot survive that day, until bread is transferred to him and the eruv is made on his behalf (seif ו) | If he dies on Shabbos, see section 5 (Shulchan Aruch HaRav, seif 5, and the view of the Atzei Almogim that the Biur Halachah reports); consult your Rav |
| A guest staying over for Shabbos | The guest does not forbid (seif ו); the details are in siman 370 | He does not forbid |
9. Final synthesis table
| Element | Detail |
|---|---|
| Subject of the siman | When one of the residents of a courtyard leaves it or dies (כשאחד מבני חצר נפרד משם או מת) |
| Place | In Sefaria's index, the section הלכות עירובין of the Shulchan Aruch begins at siman 345 |
| Number of seifim | 6 seifim (Mechaber) — 6 seifim in the Shulchan Aruch HaRav as well, divided differently |
| Mishnah Berurah | 34 ס״ק on this siman |
| Glosses of the Rema | No gloss introduced by the word הגה; at the end of seif א, two notes in square brackets, in small type, whose author the text does not name; the Taz (ס״ק א) attributes the decision they carry to the Rema |
| Cross-references | To siman 383, for a non-Jew who came on Shabbos (brackets of seif א); to siman 370, for the guest (seif ו) |
| Talmudic sources and Rishonim | See Level 2 |
| Golden rule | A dwelling without its owner does not forbid (Mishnah Berurah, ס״ק א; Shulchan Aruch HaRav, seif 1). The siman answers, among other things, according to the intention of the one who leaves (seifim א and ב), according to whether he is a Jew or not (seif א), according to the time of death (seifim ג, ד and ה) and according to who inherits (seifim ג and ד); the dying man forbids until bread is transferred to him and the eruv is made on his behalf, and the minor until the eruv is made on his behalf (seif ו; Mishnah Berurah, ס״ק ל״ד); the guest does not (seif ו) |
| Practical ruling | For each case, the ruling of its seif; the Biur Halachah adds reservations, notably on seifim א, ב, ד and ו (Level 1), and the Shulchan Aruch HaRav its own precisions (Level 4); consult your Rav |
10. The practical commandments of Siman שע״א
For daily conduct
- A Jew who left to spend Shabbos in another courtyard, even an adjacent one, without intending to return home on Shabbos, does not forbid (seif א) — according to the Mishnah Berurah, having left with his whole household while it was still day (ס״ק ב); for one who leaves on Shabbos, the Biur Halachah is not lenient, except perhaps, in a pressing situation, relying on the Magen Avraham, when he explicitly put his dwelling out of his mind.
- A non-Jew: according to the first view of the seif, even if he went to another city, he forbids until his place is rented from him, if it is within a day's walk; farther, he does not forbid. According to the view introduced by וי״א, which the brackets adopt, even if he went to another courtyard he does not forbid (seif א). The Mishnah Berurah refers to the Biur Halachah (ס״ק ו), which writes, in the name of several poskim, that one is lenient for a non-Jew only if he went to another city, not to another courtyard, and that the view permitting even another courtyard is an isolated opinion. For another city as for another courtyard, consult your Rav.
- A Jew who changes his mind and returns on Shabbos, having left without intending to return on Shabbos, does not forbid (seif ב; Mishnah Berurah, ס״ק ח); according to the Shulchan Aruch HaRav (seif 1), this applies to one who left while it was still day: one who left after nightfall forbids when he returns; the Biur Halachah writes that one should be stringent, except in a pressing situation. A non-Jew who comes on Shabbos does forbid, writes the Mishnah Berurah (ס״ק ח).
- A house inherited from someone from the marketplace: if he died by day, the one who acquires it does not forbid, the eruv he makes for his house also permitting what he inherited; if he died after nightfall, he forbids, even though he made the eruv (seif ג) — the case, according to the Mishnah Berurah, is one where the deceased had not made the eruv for that house (ס״ק ט), as the Shulchan Aruch HaRav also writes (seif 2 in its numbering; Level 4).
- A resident who died on Shabbos does not forbid if he had made the eruv — provided, according to the Magen Avraham as the Biur Halachah reads him, that he was not already dying as Shabbos began, a condition the Shulchan Aruch HaRav also sets (seif 3 in its numbering); the Biur Halachah reports that the Atzei Almogim disputes it (section 5); otherwise, it depends on the heir, on where he lives and on his coming to the house; if he died by day, an heir from the marketplace forbids if he came to the house on Shabbos (seif ד).
- A convert who died by day: another Jew who takes possession of his property forbids, even if he did so only after nightfall (according to the Mishnah Berurah, this is the case where he also came to live in the house, ס״ק כ״ט), until he renounces his domain; if he died after nightfall, he does not forbid (seif ה) — the case, according to the Mishnah Berurah, is one where they had made the eruv together (ס״ק כ״ו); the Shulchan Aruch HaRav adds: provided the convert was not dying while it was still day (seif 4 in its numbering; section 5).
- The dying man forbids until bread is transferred to him and the eruv is made on his behalf; likewise the minor (seif ו; for the minor, until the eruv is made on his behalf, Mishnah Berurah, ס״ק ל״ד); the guest does not forbid (seif ו).
- In case of doubt — consult your Rav. In-depth pilpul — Level 2; Chabad shitah — Level 4.
You have studied Siman שע״א in 3 levels:
- 🌱 Level 1 — Foundations: the text of the Mechaber seif by seif, with the bracketed notes of seif א, 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