DAAT · LEVEL 3 — MAGISTERIAL SYNTHESIS
Siman שע״ה
סימן שע״ה · מה הם הדברים השרוים בחצר שאינם אוסרים
Recap & mnemonics for review
📑 Synthesis plan
- The central axiom of the siman
- The condensed key concepts
- Structure of the siman — from the gallery to the ledges
- Decision tree — to whom does this place in the courtyard go?
- The mound and the pillar — case by case
- Mnemonic — one word per seif
- 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 (4 seifim). The Shulchan Aruch HaRav, studied in Level 4, has its own numbering (5 seifim): when it is cited, its name is given next to the number.
1. The central axiom
Siman שע״ה in one sentence.
The residents of the upper rooms, who go down to the courtyard by the ladder of their gallery to pass to the public domain, do not forbid the residents of the courtyard: « דסולם תורת פתח עליו והוי כשתי חצרות ופתח ביניהם » (שו״ע או״ח שע״ה:א) — they make the eruv together, or each for itself, as they wish, provided that the residents of the gallery make an eruv among themselves (seif א). Seif ב, as printed, writes three cases of a shared mound or pillar, when the residents did not make an eruv together, for carrying out there the utensils of the houses: less than ten tefachim high, forbidden to both; ten high above the courtyard and within four tefachim of the gallery, to the residents of the gallery, whose use is easier; four tefachim or more away from the gallery, even ten high, forbidden to both, who can use them by throwing, until they make an eruv. Two parentheses of the printed text, with a reference to the Tur, add to the last two cases: within ten of the gallery. The commentators read the scope of these words differently and disagree on several of the cases these words do not write; the Rav deals with them in seif 2 of his Shulchan Aruch. See the table in section 5; Level 2 studies sources on them; consult your Rav. A matzeivah of four tefachim in front of the gallery separates it from the courtyard (seif ג). The ledges of the walls are divided according to their height, and those in the middle are forbidden to both for the utensils of the houses, unless they made an eruv (seif ד). The Shulchan Aruch HaRav bases the rule of seif א on the upper rooms opening only onto the gallery, and on an ordinary gallery being ten high, and gives the ladder the status of an opening only to be lenient (seif 1 in its numbering, Level 4).
The residents of the upper rooms, who go down to the courtyard by the ladder of their gallery to pass to the public domain, do not forbid the residents of the courtyard: « דסולם תורת פתח עליו והוי כשתי חצרות ופתח ביניהם » (שו״ע או״ח שע״ה:א) — they make the eruv together, or each for itself, as they wish, provided that the residents of the gallery make an eruv among themselves (seif א). Seif ב, as printed, writes three cases of a shared mound or pillar, when the residents did not make an eruv together, for carrying out there the utensils of the houses: less than ten tefachim high, forbidden to both; ten high above the courtyard and within four tefachim of the gallery, to the residents of the gallery, whose use is easier; four tefachim or more away from the gallery, even ten high, forbidden to both, who can use them by throwing, until they make an eruv. Two parentheses of the printed text, with a reference to the Tur, add to the last two cases: within ten of the gallery. The commentators read the scope of these words differently and disagree on several of the cases these words do not write; the Rav deals with them in seif 2 of his Shulchan Aruch. See the table in section 5; Level 2 studies sources on them; consult your Rav. A matzeivah of four tefachim in front of the gallery separates it from the courtyard (seif ג). The ledges of the walls are divided according to their height, and those in the middle are forbidden to both for the utensils of the houses, unless they made an eruv (seif ד). The Shulchan Aruch HaRav bases the rule of seif א on the upper rooms opening only onto the gallery, and on an ordinary gallery being ten high, and gives the ladder the status of an opening only to be lenient (seif 1 in its numbering, Level 4).
2. The condensed key concepts
| Concept | Definition | In the seif |
|---|---|---|
| מרפסת | The gallery, the passage to the upper rooms that open onto it; one climbs to it from the courtyard by a ladder | Its residents do not forbid the residents of the courtyard, provided that they make an eruv among themselves (seif א); according to the Mishnah Berurah, the seif speaks of a gallery ten tefachim high: « ומיירי כשהמרפסת גבוה י״ט מן החצר דאי לא היה גבוה י״ט הוי ליה עם החצר כחצר אחת » (משנה ברורה שע״ה ס״ק א); the Shulchan Aruch HaRav writes « וּסְתָם מִרְפֶּסֶת גָּבוֹהַּ עֲשָׂרָה » (שו״ע הרב שע״ה:א), and does not say, in this seif, what applies to a lower gallery (Level 4) |
| סולם תורת פתח עליו | The ladder has the status of an opening | The gallery and the courtyard are like two courtyards with an opening between them, which make the eruv together or each for itself (seif א); according to the Shulchan Aruch HaRav, to be lenient and not to be stringent: the upper rooms are not thereby considered as opening onto the courtyard (seif 1, Level 4) |
| רגל המותרת במקומה | A foot permitted in its place | The condition of seif א: that the residents of the gallery make an eruv among themselves; otherwise they also forbid the residents of the courtyard, since they have no other way to the public domain except through the courtyard (Mishnah Berurah, ס״ק ג, which refers to siman שע״ח); the Shulchan Aruch HaRav: until they make the eruv (seif 1) |
| בנחת · בקשה | Easy use, difficult use | The mound ten tefachim high above the floor of the courtyard, within ten of the gallery (parenthesis with a reference to the Tur) and within four tefachim of it is permitted to the residents of the gallery, whose use is easier (seif ב). The commentators read the scope of these words differently and disagree on several of the cases these words do not write; the Rav deals with them in seif 2 of his Shulchan Aruch. See the table in section 5; Level 2 studies sources on them; consult your Rav. |
| זריקה | Throwing | Ten high above the courtyard and within ten of the gallery (parenthesis with a reference to the Tur), but four tefachim or more away from it, both can use it by throwing, and it is forbidden to both for the utensils of the houses until they make an eruv (seif ב); see the table in section 5 |
| בור | The shared cistern, surrounded by a rim | The Mechaber does not speak of it in this siman; the Mishnah Berurah writes of it on seif ב (ס״ק י״א); the Shulchan Aruch HaRav devotes its seif 3 to it (Level 4) |
| מצבה | The matzeivah of four tefachim in front of the gallery | The gallery does not forbid the residents of the courtyard, since it has separated from them (seif ג). The seif does not say whether the four tefachim are of height or of width; among others, the Mishnah Berurah (ס״ק י״ב) and the Shulchan Aruch HaRav (seif 4) write height, the text of the Rambam served by Sefaria writes width (Level 4) |
| זיזים | The ledges projecting from the walls | Below ten tefachim, to the courtyard; within the upper ten tefachim, to the upper room; in between, forbidden to both for the utensils of the houses, without an eruv (seif ד); according to the Mishnah Berurah, shared ledges, four tefachim wide, when each made an eruv for itself (ס״ק י״ד); the Shulchan Aruch HaRav writes that they belong to both in partnership (seif 5) |
3. Structure of the siman — from the gallery to the ledges
Seif א — the gallery: its residents, who climb to it from the courtyard by a ladder and go down to the courtyard to pass to the public domain, do not forbid the residents of the courtyard; the ladder has the status of an opening, and they are like two courtyards that make the eruv together or each for itself, as they wish; provided that the residents of the gallery make an eruv among themselves.
↓
Seif ב — the shared mound or pillar, without a joint eruv: Seif ב, as printed, writes three cases of a shared mound or pillar, when the residents did not make an eruv together, for carrying out there the utensils of the houses: less than ten tefachim high, forbidden to both; ten high above the courtyard and within four tefachim of the gallery, to the residents of the gallery, whose use is easier; four tefachim or more away from the gallery, even ten high, forbidden to both, who can use them by throwing, until they make an eruv. Two parentheses of the printed text, with a reference to the Tur, add to the last two cases: within ten of the gallery. The commentators read the scope of these words differently and disagree on several of the cases these words do not write; the Rav deals with them in seif 2 of his Shulchan Aruch. See the table in section 5; Level 2 studies sources on them; consult your Rav. On this seif, the Mishnah Berurah also writes the case of the shared cistern (ס״ק י״א).
↓
Seif ג — the matzeivah: of four tefachim in front of the gallery, the gallery does not forbid the residents of the courtyard, since it has separated from them; according to the Mishnah Berurah, even for the mound and the pillar close to it (ס״ק י״ג).
↓
Seif ד — the ledges of the walls: below ten tefachim, to the courtyard; within the upper ten tefachim, close to the upper room, to the people of the upper room; in between, forbidden to both for utensils that rested in the houses, unless they made an eruv; according to the Mishnah Berurah, the seif speaks of shared ledges, four tefachim wide, when each made an eruv for itself (ס״ק י״ד), and the Shulchan Aruch HaRav writes that they belong to both in partnership (seif 5).
4. Decision tree — to whom does this place in the courtyard go?
Q1: Is the gallery ten tefachim high above the courtyard? (seif א; Mishnah Berurah, ס״ק א)
↓ According to the Mishnah Berurah, this is the case the seif speaks of; otherwise, the gallery is one courtyard with the courtyard (ס״ק א). The Shulchan Aruch HaRav writes that an ordinary gallery is ten high, and does not treat, in this seif, a lower gallery (seif 1, Level 4): consult your Rav.
Q2: Did the residents of the gallery make an eruv among themselves? (seif א)
↓ YES → they do not forbid the residents of the courtyard; they may make the eruv with them, or each for itself. Without a joint eruv, according to the Mishnah Berurah, one carries neither the utensils of the house to the gallery nor those of the upper room to the courtyard (ס״ק ב). NO → they also forbid the residents of the courtyard (Mishnah Berurah, ס״ק ג), until they make the eruv (Shulchan Aruch HaRav, seif 1).
Q3: Is the mound or the pillar shared by the two? (seif ב)
↓ Belonging to one of them only → it is in his domain, and the other does not forbid him (Mishnah Berurah, ס״ק ד). Shared → Q4; the seif speaks, according to the Biur Halachah, of a mound or a pillar four tefachim wide by four — otherwise it is a makom petur, void for both sides (Level 1).
Q4: How high is it above the courtyard, how far below the gallery, and how far from it? (seif ב)
↓ Seif ב, as printed, writes three cases of a shared mound or pillar, when the residents did not make an eruv together, for carrying out there the utensils of the houses: less than ten tefachim high, forbidden to both; ten high above the courtyard and within four tefachim of the gallery, to the residents of the gallery, whose use is easier; four tefachim or more away from the gallery, even ten high, forbidden to both, who can use them by throwing, until they make an eruv. Two parentheses of the printed text, with a reference to the Tur, add to the last two cases: within ten of the gallery. The commentators read the scope of these words differently and disagree on several of the cases these words do not write; the Rav deals with them in seif 2 of his Shulchan Aruch. See the table in section 5; Level 2 studies sources on them; consult your Rav.
Q5: Is it a shared cistern, surrounded by a rim ten tefachim high and close to the gallery? (Mishnah Berurah on seif ב, ס״ק י״א; Shulchan Aruch HaRav, seif 3)
↓ The residents of the courtyard and of the gallery forbid one another to draw from it with a bucket that rested in the house or in the upper rooms, or to bring the water into the houses (Mishnah Berurah; the Shulchan Aruch HaRav writes: to bring the water in light vessels to store them there), when they did not make an eruv together — even when it is full of water up to the rim, lest the water decrease on Shabbos. Full of something that is not taken on Shabbos → it is like the mound ten high above the courtyard and within ten of the gallery, which is given to the residents of the gallery when it is not four tefachim away from it.
Q6: Is there a matzeivah of four tefachim in front of the gallery? (seif ג)
↓ The gallery does not forbid the residents of the courtyard; according to, among others, the Mishnah Berurah (ס״ק י״ג) and the Shulchan Aruch HaRav (seif 4), even for the mound and the pillar close to it.
Q7: Is it a ledge of the wall? (seif ד)
↓ Below ten tefachim → to the courtyard; within the upper ten tefachim → to the upper room; in between → forbidden to both for the utensils of the houses, unless they made an eruv. According to the Mishnah Berurah, the seif speaks of shared ledges, four tefachim wide — otherwise it is a makom petur, nullified to both —, when each made an eruv for itself (ס״ק י״ד); the Shulchan Aruch HaRav writes that they belong to both in partnership (seif 5). The Mishnah Berurah writes that the seif speaks of more than twenty tefachim between the upper room and the floor of the courtyard, and that the same applies below twenty, when the ledge is in the middle, less than ten tefachim from either (ס״ק ט״ו).
→ At the slightest doubt: consult your Rav.
5. The mound and the pillar — case by case
Seif ב of the Mechaber, for carrying out there the utensils of the houses, distinguishes according to the mound's height above the courtyard and its distance from the gallery; its parentheses with a reference to the Tur, according to its height below the gallery. The table gives, for each of the eight cases, what the voices of its columns hold; Level 2 also studies, among others, the Tur, the Magen Avraham, the Gemara according to Rashi and the ledge of seif ד (sections 4 to 6). General rule: the outcome rests only on a reading of what the voice does not specify, and another written reading can limit it — so it is not what the voice writes for this case. Not written: the voice carries no outcome for this case, or its own rules pull in opposite directions there. No cell is filled by a deduction of this page. summary: the cells condense the texts; their quotations are in Levels 1, 2 and 4.
| Case | Seif ב as printed | The Rambam according to the Taz | The Taz, within the Tur's view | Beis Yosef | Mishnah Berurah | Shulchan Aruch HaRav (seif 2) |
|---|---|---|---|---|---|---|
| 1. Less than ten above the courtyard · less than ten below the gallery · within four tefachim of it | Forbidden to both | Forbidden to both | Forbidden to both (general rule) | Forbidden to both | Forbidden to both (ס״ק ו, ז) | Forbidden to both |
| 2. Less than ten above the courtyard · less than ten below the gallery · four tefachim or more away | Forbidden to both (general rule; note a) | Forbidden to both | To the courtyard (general rule) | Forbidden to both | To the courtyard (ס״ק ז) | To the courtyard |
| 3. Less than ten above the courtyard · ten or more below the gallery · within four tefachim of it | Forbidden to both (general rule; note a) | Forbidden to both (note c) | To the courtyard | Not written (note d) | To the courtyard (ס״ק ו) | To the courtyard |
| 4. Less than ten above the courtyard · ten or more below the gallery · four or more away | Forbidden to both (general rule; note a) | Forbidden to both | To the courtyard | Forbidden to both (general rule; note d) | To the courtyard (ס״ק ו, ז) | To the courtyard |
| 5. Ten high above the courtyard · less than ten below the gallery · within four tefachim of it | To the gallery (parenthesis with a reference to the Tur) | To the gallery | To the gallery (general rule) | To the gallery | To the gallery | To the gallery |
| 6. Ten high above the courtyard · less than ten below the gallery · four or more away | Forbidden to both (second parenthesis) | Forbidden to both | Forbidden to both | Forbidden to both | Forbidden to both (ס״ק י) | Forbidden to both |
| 7. Ten high above the courtyard · ten or more below the gallery · within four tefachim of it (one throws, the other lowers) | Not written (note b) | Not written (note c) | Forbidden to both | Forbidden to both | Forbidden to both (ס״ק ח) | Forbidden to both |
| 8. Ten high above the courtyard · ten or more below the gallery · four or more away | Not written (note b) | Forbidden to both (general rule) | To the courtyard (נ״ל) | Forbidden to both | Two views (ס״ק י״א) | To the courtyard |
Notes to the table:
- (a) Seif as printed, cases 2 to 4: its first sentence carries no condition. The Taz reads it without distinction (cases 2 to 4); the Beis Yosef, on the Rambam, reads it without distinguishing the distance (cases 2 and 4) — and says that the plain sense of the Mishnah proves it (Level 2, section 5) —, and does not mention the height below the gallery (note d). The Mishnah Berurah (ס״ק ו, ז) limits it to case 1 and gives these cases to the courtyard.
- (b) Seif as printed, cases 7 and 8: each of the two parentheses with a reference to the Tur removes from its clause the mound ten lower than the gallery — the first from the permission to the gallery, the second from the prohibition to both; the seif as printed does not write the outcome of these cases.
- (c) The Rambam according to the Taz. Case 3: this is the Taz's written reading; but the Rambam and the Mechaber (seif ד) give the courtyard the ledge less than ten above the courtyard, the upper room being more than ten above it, and the Taz does not say how he reconciles them. Case 7: the Taz does not write this case, and his rules for the Rambam pull in opposite directions there — the gallery permitted, ten high and within four, with no condition of height below it; forbidden to both when both have a drawback; and, at the head of the same ס״ק, he counts lowering by ten as difficult (Level 2, sections 4 and 6).
- (d) Beis Yosef. Case 3: he does not mention the height below the gallery, and his rules pull in opposite directions there (Level 2, sections 4 and 5). Case 4: the prohibition rests on his reading of the Rambam, which does not mention that height.
In cases 2, 3, 4 and 8 the voices are opposed, and this page does not decide among them: a practice there is given only in the name of a voice, never as the seif's — consult your Rav. In case 7, all the voices of the table that write it forbid it to both; Level 2 (section 4) also studies the view of Shmuel, whom the Gemara reports, who gives it to the gallery, and the texts according to which the halachah follows Rav.
What the Shulchan Aruch HaRav further specifies, among other things, in seif 2 of its numbering (Level 4):
- It speaks of the case where the residents of the gallery made an eruv among themselves, and not with those of the courtyard — as Rashi already reads it in the mishnah (Level 4, point ב).
- The mound or pillar belongs to both in partnership, and both use it on weekdays.
- The courtyard's usual use of it is only to rest a heavy load on it from the shoulder; ten high, it is fit for that only with difficulty. Rashi, on the Gemara, already uses their terms in other cases; where the Rav takes their application to the mound from, the Level 4 page (point ב) says it has not found.
6. Mnemonic — one word per seif
Four words, one per seif, in the order of the siman — each is read in its seif:
ס — סולם: the ladder has the status of an opening; the gallery and the courtyard are like two courtyards (seif א).
נ — נחת: the mound ten high above the courtyard and within four tefachim of the gallery (and, according to the parenthesis, within ten of the gallery) goes to its residents, whose use is easier; four tefachim away from the gallery, even ten high (and, according to the second parenthesis, within ten of the gallery), it is forbidden to both, who can use it by throwing, for the utensils of the houses (seif ב). The commentators read the scope of these words differently and disagree on several of the cases these words do not write; the Rav deals with them in seif 2 of his Shulchan Aruch. See the table in section 5; Level 2 studies sources on them; consult your Rav.
מ — מצבה: of four tefachim in front of the gallery, it separates it from the courtyard (seif ג).
ז — זיזים: the ledges are divided according to their height; those in the middle are forbidden to both for the utensils of the houses, without an eruv (seif ד).
7. Pitfalls to avoid
Pitfall 1: Thinking that the residents of the upper rooms, because they go down to the courtyard to pass to the public domain, are residents of the courtyard who forbid it. Seif א: « דסולם תורת פתח עליו והוי כשתי חצרות ופתח ביניהם » (שו״ע או״ח שע״ה:א). The Mishnah Berurah adds that the seif speaks of a gallery ten tefachim high: « ומיירי כשהמרפסת גבוה י״ט מן החצר דאי לא היה גבוה י״ט הוי ליה עם החצר כחצר אחת » (משנה ברורה שע״ה ס״ק א).
Pitfall 2: Forgetting the condition of seif א: « ובלבד שיערבו כל בני מרפסת לעצמן כדי שתהא רגל המותרת במקומה » (שו״ע או״ח שע״ה:א). Without it, they also forbid the residents of the courtyard (Mishnah Berurah, ס״ק ג; Shulchan Aruch HaRav, seif 1). The Shulchan Aruch HaRav also writes that, as long as they have not made the eruv among themselves, they may not take out onto the gallery utensils that rested in the upper rooms: they forbid it to one another (seif 1, Level 4).
Pitfall 3: Thinking that the ladder makes the upper rooms houses that open onto the courtyard. The Shulchan Aruch HaRav: « לְפִי שֶׁהַסֻּלָּם אֵין תּוֹרַת פֶּתַח עָלָיו אֶלָּא לְהָקֵל, שֶׁיְּכוֹלִים לְעָרֵב יַחַד עַל יְדֵי סֻלָּם שֶׁבֵּינֵיהֶן כְּמוֹ עַל יְדֵי פֶּתַח, אֲבָל לֹא לְהַחֲמִיר » (שו״ע הרב שע״ה:א).
Pitfall 4: Thinking that the first case of seif ב can be read in only one way. The seif forbids to both, for the utensils of the houses, the mound less than ten tefachim high without stating its distance from the gallery or its height below it. The commentators read the scope of these words differently and disagree on several of the cases these words do not write; the Rav deals with them in seif 2 of his Shulchan Aruch. See the table in section 5; Level 2 studies sources on them; consult your Rav.
Pitfall 5: Thinking that a height of ten tefachim is enough to give the mound to the residents of the gallery. Seif ב also requires it to be within four tefachim of the gallery, and its parenthesis with a reference to the Tur, within ten of it; at that same height, four tefachim or more away, both can use it by throwing, and it is forbidden to them for the utensils of the houses until they make an eruv (seif ב). The commentators read the scope of these words differently and disagree on several of the cases these words do not write; the Rav deals with them in seif 2 of his Shulchan Aruch. See the table in section 5; Level 2 studies sources on them; consult your Rav.
Pitfall 6: Treating the cistern full of water as a mound. The shared cistern, surrounded by a rim ten tefachim high and close to the gallery: when they did not make an eruv together, even full of water up to the rim, they forbid one another to draw from it with a bucket that rested in the house or in the upper rooms, or to bring the water into the houses (Mishnah Berurah; the Shulchan Aruch HaRav writes: to bring the water in light vessels to store them there), lest the water decrease on Shabbos; the cistern full of something not taken on Shabbos, for its part, is like the mound ten high above the courtyard and within ten of the gallery (Mishnah Berurah, ס״ק י״א; Shulchan Aruch HaRav, seif 3). The Shulchan Aruch HaRav, on the cistern full of water: « מִשּׁוּם גְּזֵרָה שֶׁמָּא יַחְסְרוּ הַמַּיִם בְּשַׁבָּת וְיִשְׁתַּמְּשׁוּ בּוֹ כְּבַתְּחִלָּה. אֲבָל אִם הָיָה הַבּוֹר מָלֵא בְּדָבָר שֶׁאֵינוֹ נִטָּל בְּשַׁבָּת — הֲרֵי הוּא כְּעַמּוּד אוֹ תֵּל גָּבוֹהַּ עֲשָׂרָה מֵחָצֵר וְתוֹךְ עֲשָׂרָה לַמִּרְפֶּסֶת, שֶׁנּוֹתְנִים אוֹתוֹ לַמִּרְפֶּסֶת אִם אֵינוֹ מֻפְלָג מִכְּנֶגְדָּהּ ד׳ » (שו״ע הרב שע״ה:ג).
Pitfall 7: Thinking that the matzeivah separates only the gallery itself. The Mechaber gives the reason, « שהרי נחלקה מהם » (שו״ע או״ח שע״ה:ג); among others, the Mishnah Berurah (ס״ק י״ג) and the Shulchan Aruch HaRav (seif 4) extend it to the mound and the pillar close to the gallery, and the Rav writes the reason thus: « שֶׁכֵּיוָן שֶׁעָשׂוּ הֶפְסֵק לִפְנֵי הַמִּרְפֶּסֶת, גִּלּוּ דַעְתָּם שֶׁסִּלְּקוּ עַצְמָן מֵהֶחָצֵר » (שו״ע הרב שע״ה:ד).
Pitfall 8: Thinking that the ledges in the middle go to one or the other. Seif ד: « שניהם אסורים בו ואין משתמשין בהם בכלים ששבתו בבתים אלא אם כן עירבו » (שו״ע או״ח שע״ה:ד). The Shulchan Aruch HaRav names the eruv that permits them: « אֶלָּא אִם כֵּן עֵרְבוּ יַחַד בְּנֵי הֶחָצֵר עִם בְּנֵי הָעֲלִיּוֹת » (שו״ע הרב שע״ה:ה).
Pitfall 9: Mixing the two numberings. Levels 1 to 3 follow the Shulchan Aruch of the Mechaber (4 seifim); Level 4 follows the Shulchan Aruch HaRav (5 seifim): its seifim 1 and 2 correspond to seifim א and ב of the Mechaber, its seif 3 is the cistern, which the Mechaber does not have in this siman, and its seifim 4 and 5 correspond to seifim ג and ד.
8. Practical cases
| Situation | Analysis | Conduct |
|---|---|---|
| Upper-floor apartments served by a shared walkway, from which a staircase goes down to the courtyard (application by the site) | Seif א: the gallery that serves the upper rooms and that a ladder joins to the courtyard; its residents do not forbid the residents of the courtyard, provided that they make an eruv among themselves; according to the Mishnah Berurah, a gallery ten tefachim high above the courtyard (ס״ק א) | The seif speaks of a ladder; whether a staircase is judged likewise, it does not say: consult your Rav |
| A shared low wall, or a built planter, in the courtyard near the walkway (application by the site) | Seif ב: it depends, among other things, on its width (the seif speaks of a mound four tefachim wide by four, according to the Biur Halachah — Level 1), its height above the floor of the courtyard (ten tefachim) and below the gallery (seif ב, with its parentheses), its distance from the gallery (four tefachim) and to whom it belongs; if it belongs to one of them only, it is in his domain (Mishnah Berurah, ס״ק ד) | Seif ב, as printed, writes three cases of a shared mound or pillar, when the residents did not make an eruv together, for carrying out there the utensils of the houses: less than ten tefachim high, forbidden to both; ten high above the courtyard and within four tefachim of the gallery, to the residents of the gallery, whose use is easier; four tefachim or more away from the gallery, even ten high, forbidden to both, who can use them by throwing, until they make an eruv. Two parentheses of the printed text, with a reference to the Tur, add to the last two cases: within ten of the gallery. The commentators read the scope of these words differently and disagree on several of the cases these words do not write; the Rav deals with them in seif 2 of his Shulchan Aruch. See the table in section 5; Level 2 studies sources on them; consult your Rav. |
| A shared pit or cistern in the courtyard, surrounded by a rim (application by the site) | Mishnah Berurah on seif ב (ס״ק י״א) and Shulchan Aruch HaRav, seif 3: when the rim is ten tefachim high and close to the gallery, and they did not make an eruv together, both forbid one another to draw from it with a bucket that rested in the house or in the upper rooms, or to bring the water into the houses (Mishnah Berurah; the Shulchan Aruch HaRav writes: to bring the water in light vessels to store them there), even when it is full of water up to the rim | Full of something not taken on Shabbos, it is like the mound ten high above the courtyard and within ten of the gallery, belonging to the residents of the gallery when it is not four tefachim away from it; consult your Rav |
| Sills or cornices along the wall of the courtyard, under the windows of the upper floor (application by the site) | Seif ד: below ten tefachim, to the courtyard; within the upper ten tefachim, close to the upper room, to the people of the upper room; in between, forbidden to both for utensils that rested in the houses, unless they made an eruv | According to the Mishnah Berurah, the seif speaks of shared ledges, four tefachim wide, when each made an eruv for itself (ס״ק י״ד); according to the Shulchan Aruch HaRav, the eruv that permits those in the middle is that of the people of the courtyard with those of the upper rooms (seif 5); consult your Rav |
9. Final synthesis table
| Item | Detail |
|---|---|
| Subject of the siman | What is in the courtyard and does not forbid — the title of the siman: « מה הם הדברים השרוים בחצר שאינם אוסרים » (שו״ע או״ח שע״ה:א) |
| Place | It follows siman שע״ד, on the doorway or window of the eruv closed up on Shabbos, and precedes siman שע״ו; for the condition of seif א, the Mishnah Berurah refers to siman שע״ח (ס״ק ג); the Shulchan Aruch HaRav refers to simanim 372 and 378 (seif 1) |
| Number of seifim | 4 seifim (Mechaber) — 5 seifim in the Shulchan Aruch HaRav |
| Mishnah Berurah | 15 ס״ק on this siman |
| Glosses of the Rema | No gloss opened by the word הגה; in seif ב, the printed text carries two parentheses followed by a reference to the Tur, and the word (להם) in parentheses, which the Torat Emet edition also prints in small type and which is in the Tur's sentence; the Taz attributes the first parenthesis to the Rema, and speaks, for this seif, of glosses of the Rema in the plural (Levels 1, 2 and 4) |
| Kuntres Acharon | Sefaria gives no Kuntres Acharon entry for this siman (Level 4) |
| Talmudic sources and Rishonim | See Level 2 |
| Golden rule | The residents of the gallery do not forbid the residents of the courtyard, provided that they make an eruv among themselves (seif א); seif ב, as printed, writes three cases of a shared mound or pillar, when the residents did not make an eruv together, for carrying out there the utensils of the houses: less than ten tefachim high, forbidden to both; ten high above the courtyard and within four tefachim of the gallery, to the residents of the gallery, whose use is easier; four tefachim or more away from the gallery, even ten high, forbidden to both, who can use them by throwing, until they make an eruv. Two parentheses of the printed text, with a reference to the Tur, add to the last two cases: within ten of the gallery. The commentators read the scope of these words differently and disagree on several of the cases these words do not write; the Rav deals with them in seif 2 of his Shulchan Aruch. See the table in section 5; Level 2 studies sources on them; consult your Rav. A matzeivah of four tefachim in front of the gallery separates it from the courtyard (seif ג); the ledges are divided according to their height (seif ד) |
| Practical ruling | Each case has its measures, among them: the height of the gallery (seif א; Mishnah Berurah, ס״ק א), the height of the mound above the courtyard and below the gallery, its distance from the gallery (seif ב; section 5) and its width (Biur Halachah, Level 1), the cistern (Mishnah Berurah, ס״ק י״א; Shulchan Aruch HaRav, seif 3), the four tefachim of the matzeivah (seif ג), the height of the ledges (seif ד); consult your Rav |
10. The practical commandments of Siman שע״ה
For daily conduct
- The gallery: those who live in the upper rooms and go down to the courtyard by the ladder of their gallery do not forbid the residents of the courtyard; they may make the eruv with them, or each for itself (seif א) — according to the Mishnah Berurah, when the gallery is ten tefachim high (ס״ק א).
- The condition: that the residents of the gallery make an eruv among themselves; otherwise they also forbid the residents of the courtyard (seif א; Mishnah Berurah, ס״ק ג; Shulchan Aruch HaRav, seif 1).
- The shared mound and pillar: Seif ב, as printed, writes three cases of a shared mound or pillar, when the residents did not make an eruv together, for carrying out there the utensils of the houses: less than ten tefachim high, forbidden to both; ten high above the courtyard and within four tefachim of the gallery, to the residents of the gallery, whose use is easier; four tefachim or more away from the gallery, even ten high, forbidden to both, who can use them by throwing, until they make an eruv. Two parentheses of the printed text, with a reference to the Tur, add to the last two cases: within ten of the gallery. The commentators read the scope of these words differently and disagree on several of the cases these words do not write; the Rav deals with them in seif 2 of his Shulchan Aruch. See the table in section 5; Level 2 studies sources on them; consult your Rav.
- The shared cistern surrounded by a rim ten tefachim high and close to the gallery: when they did not make an eruv together, they forbid one another to draw from it with a bucket that rested in the house or in the upper rooms, or to bring the water into the houses (Mishnah Berurah; the Shulchan Aruch HaRav writes: to bring the water in light vessels to store them there), even when it is full of water; full of something not taken on Shabbos, it is like the mound ten high above the courtyard and within ten of the gallery, to the residents of the gallery when it is not four tefachim away from it (Mishnah Berurah, ס״ק י״א; Shulchan Aruch HaRav, seif 3).
- The matzeivah of four tefachim in front of the gallery: the gallery does not forbid the residents of the courtyard (seif ג) — even for the mound and the pillar close to it (Mishnah Berurah, ס״ק י״ג; Shulchan Aruch HaRav, seif 4).
- The ledges of the walls: below ten tefachim, to the courtyard; within the upper ten tefachim, to the upper room; in between, forbidden to both for utensils that rested in the houses, unless they made an eruv (seif ד) — according to the Mishnah Berurah, the seif speaks of shared ledges, four tefachim wide, when each made an eruv for itself (ס״ק י״ד), and the Shulchan Aruch HaRav writes that they belong to both in partnership (seif 5).
- 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 שע״ה in 3 levels:
You have studied Siman שע״ה in 3 levels:
- 🌱 Level 1 — Foundations: the text of the Mechaber 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