DAAT · LEVEL 3 — MAGISTERIAL SYNTHESIS
Siman שע״ו
סימן שע״ו · בור ובאר שבין שתי חצירות
Recap & mnemonics for review
📑 Synthesis plan
- The central axiom of the siman
- The condensed key concepts
- Structure of the siman — from the cistern to the privy
- Decision tree — may one use the place without an eruv?
- The well in the path — windows, doorways and distance (seif ב)
- Mnemonic — four places, in the order of the seifim
- 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, also has 4 seifim, which in this siman correspond one by one to the Mechaber's: when it is cited, its name is given next to the number.
1. The central axiom
Siman שע״ו in one sentence.
May two neighbours who have not made an eruv together use, on Shabbos, a place that touches both their domains? The siman sets out the cases, each in its seif: a cistern between two courtyards (seif א), a well in the middle of a path (seif ב), three ruins between two courtyards (seif ג), a privy between two houses (seif ד). For water, the Mishnah Berurah writes that a leniency was granted: « קל הוא שהקילו במים להתיר במחיצה כזו דבעינן רק שלא יכנס הדלי בהדיא לחלק חבירו » (משנה ברורה שע״ו ס״ק ד); for the well in the path, seif ב gives the reason for the permission: « שאין אדם אוסר על חבירו דרך אויר » (שו״ע או״ח שע״ו:ב), with the reservations of the Rema's gloss (section 5).
May two neighbours who have not made an eruv together use, on Shabbos, a place that touches both their domains? The siman sets out the cases, each in its seif: a cistern between two courtyards (seif א), a well in the middle of a path (seif ב), three ruins between two courtyards (seif ג), a privy between two houses (seif ד). For water, the Mishnah Berurah writes that a leniency was granted: « קל הוא שהקילו במים להתיר במחיצה כזו דבעינן רק שלא יכנס הדלי בהדיא לחלק חבירו » (משנה ברורה שע״ו ס״ק ד); for the well in the path, seif ב gives the reason for the permission: « שאין אדם אוסר על חבירו דרך אויר » (שו״ע או״ח שע״ו:ב), with the reservations of the Rema's gloss (section 5).
2. The condensed key concepts
| Concept | Definition | In the seif |
|---|---|---|
| מחיצה עשרה | The partition of ten [tefachim] above the water; according to the Mishnah Berurah, made for this purpose, and inside the rim of the cistern (ס״ק ג) | Seif א: one does not draw without it, « אלא אם כן עשו מחיצה עשרה למעלה מן המים » (שו״ע או״ח שע״ו:א); the Shulchan Aruch HaRav (seif 1) writes that the courtyard wall running over the cistern does not count as a partition |
| טפח | The tefach of the partition that goes down into the water — or that protrudes above the water, if the partition is entirely within the water; according to the Mishnah Berurah, so that the separation be recognizable in the water (ס״ק ד), and, on the word ניכרת, it writes « ובזה הטפח לבד סגי שלא ילך הדלי לרשות חבירו » (משנה ברורה שע״ו ס״ק ז) — which tefach it speaks of, Level 4 does not decide (point א) | Seif א |
| קורה רחבה ד״ט | A beam four tefachim wide over the opening of the cistern; according to the Mishnah Berurah, placed from the outset to permit the water (ס״ק ח); it is seen as though it extended down to the water, and there is no fear of drawing from the other's side, since the Sages estimated that a bucket does not move more than four tefachim (ס״ק ט) | Seif א: one draws on the side of the beam, the other on the other side; the Biur Halachah leaves open, for practice, whether it must be inside the rim (Level 1, section 6) |
| כלים של חצר | Vessels of the courtyard; the Shulchan Aruch HaRav (seif 1) speaks of a bucket that rested in the courtyard on Shabbos | The Rema's gloss on seif א: with them, no remedy is needed; but, according to the Mishnah Berurah, one does not bring the water into the house without a remedy (ס״ק י) |
| זיזים | Projections that each would extend from his wall towards the well, as a sign | Seif ב: they are not needed; the Mishnah Berurah reads in this the rejection of the view in the Gemara that requires them (ס״ק י״ג) |
| דרך אויר | Use by way of the air: a person does not forbid to his fellow in this way | Seif ב; according to the Rema's gloss, only when the courtyards open onto the path through windows alone; with doorways, writes the Mishnah Berurah, the path is like a courtyard without an eruv (ס״ק י״ד) |
| מופלג ד׳ | Four tefachim away from the courtyard walls | The Rema's gloss on seif ב: some say that at less than four tefachim they forbid, even through windows alone; the Mishnah Berurah writes that the Acharonim ruled like this view (ס״ק ט״ו) |
| זריקה / שלשול | Throwing from a distance, or lowering [an object] near one's window | Seif ג: each uses the ruin next to him, through the windows, by throwing; the third, close to the two courtyards, is forbidden to them — according to the Mishnah Berurah, because both use it easily by lowering [objects] into it (ס״ק כ״ב); the Shulchan Aruch HaRav writes « עַל יְדֵי שִׁלְשׁוּל וּזְרִיקָה » (שו״ע הרב שע״ו:ג) |
| רשות שניהם שולטת | The domain of both rules over the place | Seif ד: a privy between two houses without an eruv is forbidden — according to the Mishnah Berurah, when only the pit is shared (ס״ק כ״ג); the Magen Avraham compares the case to objects that rested in the house on Shabbos (ס״ק ט), and the Shulchan Aruch HaRav (seif 4) writes so too |
3. Structure of the siman — from the cistern to the privy
Seif א — a cistern between two courtyards that cannot make an eruv, or have not made one: one may not draw from it on Shabbos without a partition of ten [tefachim] above the water of which a tefach goes down into the water — or, if it is entirely within the water, of which a tefach protrudes above the water —, or without a beam four tefachim wide over the opening of the cistern. The Rema's gloss: this only when one draws with vessels of the house; with those of the courtyard, no remedy is needed — but, according to the Mishnah Berurah, one does not bring the water into the house without a remedy (ס״ק י).
↓
Seif ב — a well in the middle of the path, between two courtyard walls: even four tefachim from each wall, both draw from it, without projections, for a person does not forbid to his fellow by way of the air. The Rema's gloss: only when the courtyards open onto the path through windows alone; and some say that if it is not four tefachim away, they forbid even then — the Mishnah Berurah writes that the Acharonim ruled like this view (ס״ק ט״ו).
↓
Seif ג — three ruins between two courtyards (according to the Mishnah Berurah, ruins without residents, breached into one another over more than ten amos, ס״ק ט״ז): each uses the one next to him, through the windows, by throwing — but not his fellow's on Shabbos (Mishnah Berurah, ס״ק י״ח) —, and the middle one is permitted to both; if all three are adjacent to the houses, arranged like the three heads of a kankan, each remains permitted in his own, and the third, close to the two courtyards, is forbidden to both.
↓
Seif ד — a privy between two houses whose residents have not made an eruv together: the domain of both rules over it, and they are forbidden — according to the Mishnah Berurah, when only the pit is shared (ס״ק כ״ג); a parenthesis in small print, without the word הגה, refers to siman 355.
4. Decision tree — may one use the place without an eruv?
Q1: Is it a cistern between the two courtyards? (seif א)
↓ YES → A partition of ten [tefachim] above the water is needed, of which a tefach goes down into the water (or protrudes, if it is entirely within the water), or a beam four tefachim wide; without them, one does not draw from it (seif א). Then the Rema's gloss: with vessels of the courtyard, it requires no remedy — but one does not bring the water into the house without a remedy (Mishnah Berurah, ס״ק י); the Shulchan Aruch HaRav (seif 1) speaks of a bucket that rested in the courtyard, with which one draws into the courtyards without a remedy.
Q2: Is it a well in the middle of a path, from which one draws through windows? (seif ב)
↓ YES → Do the courtyards have doorways onto the path? According to the Rema's gloss, the permission holds only if they open onto it through windows alone; with doorways, writes the Mishnah Berurah, it is forbidden, even through the windows, as long as they have not made an eruv together (ס״ק י״ד); the Magen Avraham writes that, according to the seif's view, it is permitted even when the courtyards open onto the path (ס״ק ד). Is the well four tefachim from the walls? The seif permits even at that distance; the view the gloss then reports forbids at less than four, and the Mishnah Berurah writes that the Acharonim ruled so (ס״ק ט״ו). The Shulchan Aruch HaRav (seif 2) sets conditions of its own: see section 5.
Q3: Ruins between the two courtyards — according to the Mishnah Berurah, without residents, breached into one another (ס״ק ט״ז)? (seif ג)
↓ YES → The one next to oneself: one uses it through the windows, by throwing; the middle one: permitted to both; in the kankan arrangement, the third, close to the two courtyards: forbidden to both.
Q4: A privy between two houses? (seif ד)
↓ YES → Without an eruv, they are forbidden — according to the Mishnah Berurah, when only the pit is shared; if the place of the seat also belongs to both, it is permitted (ס״ק כ״ג). The Shulchan Aruch HaRav (seif 4) writes the prohibition lechatchilah for a privy that belongs to both in partnership, without this distinction (pitfall 7): consult your Rav. For one who forgot to make the eruv, see pitfall 7.
→ At the slightest doubt: consult your Rav.
5. The well in the path — windows, doorways and distance (seif ב)
Seif ב and its gloss set several conditions, and the Shulchan Aruch HaRav sets others still. summary : the table places them side by side, in the order of the text; the full text and its translation are in Levels 1 and 4.
| Text | What it writes |
|---|---|
| Seif ב (Mechaber) | Even four tefachim from each wall, both draw from it, without projections, « שאין אדם אוסר על חבירו דרך אויר » (שו״ע או״ח שע״ו:ב); the Mishnah Berurah infers from these words that, according to this view, it is permitted all the more at less than four tefachim (ס״ק י״ב); the Magen Avraham writes that, according to this view, it is permitted even when the courtyards open onto the path (ס״ק ד) |
| The Rema's gloss, first part | « ודוקא כשאין חצרות פתוחות בשביל רק בחלונות » (רמ״א או״ח שע״ו:ב); with doorways, writes the Mishnah Berurah, the domain of both rules over the path in full use, and it is forbidden even through the windows as long as they have not made an eruv together (ס״ק י״ד) |
| The Rema's gloss, the view introduced by וי״א | « וי״א דאם אינן מופלגים ארבעה אוסרים אפילו בכה״ג » (רמ״א או״ח שע״ו:ב), which the gloss attributes to the Beis Yosef in the name of Rashi; the Mishnah Berurah: « ופסקו האחרונים כדעה זו » (משנה ברורה שע״ו ס״ק ט״ו); the Biur Halachah speaks of the agreement of the poskim on this view (Level 1, section 6) |
| The Shulchan Aruch HaRav, seif 2 | It writes the permission for a cistern four tefachim away from each courtyard, from which one draws through windows, on the condition « אִם יֵשׁ מִן הַחַלּוֹנוֹת לְמַיִם י׳ טְפָחִים » (שו״ע הרב שע״ו:ב), even if it [the cistern, or the path] belongs to both in partnership; courtyards open onto the path are forbidden in it until they make an eruv; and if the path is a karmelis, it is forbidden to draw from it, even at four tefachim, unless a curb ten high surrounds the cistern. The case of a closer cistern it does not write in this seif (Level 4, point ב) |
What the Shulchan Aruch HaRav writes, among other things, on the other seifim, that the Mechaber's seif does not write (its own numbering, Level 4) — which does not mean that it is proper to the Rav: Level 4 names where it is already found:
- Seif 1 (the Mechaber's seif א): the courtyard wall does not count as a partition, « אֲבָל כֹּתֶל הֶחָצֵר שֶׁמְּהַלֵּךְ עַל גַּבֵּי הַבּוֹר אֵינוֹ נִדּוֹן מִשּׁוּם מְחִצָּה » (שו״ע הרב שע״ו:א) — which the Beis Yosef already reads in the words of the Tur, and which the Mishnah Berurah, after the Rav, also writes (ס״ק ג); he gives as the reason for the tefach sunk in the water to keep the bucket from drawing from the other's domain — the Magen Avraham already writes, in ס״ק א, that the bucket must not go into the other's domain, and Level 4 does not decide to which case he ties this (point א) —; and the remedy is needed to bring the water into the house — the Magen Avraham already writes so (ס״ק ג) —, or even to use it in the courtyard with a bucket that rested in the house — which the Rema's gloss already says: « ודוקא אם בא למלאות בכלים של בית » (רמ״א או״ח שע״ו:א) —; with a bucket that rested in the courtyard: « אֲבָל אִם שָׁבַת בֶּחָצֵר — אֵין צָרִיךְ שׁוּם תִּקּוּן לַבּוֹר לְמַלֹּאת מִמֶּנּוּ לַחֲצֵרוֹת » (שו״ע הרב שע״ו:א).
- Seif 3 (the Mechaber's seif ג): the ruins he speaks of are enclosed by partitions and breached into one another, and their owners do not live in them; at the end of the seif he writes, like the Tur and the Rosh (Level 4), « וְחֻרְבּוֹת אֵלּוּ, אַף עַל פִּי שֶׁיֵּשׁ לָהֶם בְּעָלִים, מֻתָּרִים בְּנֵי חֲצֵרוֹת הַסְּמוּכוֹת לָהֶן לְהִשְׁתַּמֵּשׁ בָּהֶן וְאֵין הַבְּעָלִים אוֹסְרִים עֲלֵיהֶן » (שו״ע הרב שע״ו:ג); the Biur Halachah, which reports a dispute of the Rishonim on this point, writes « וכן פסק הגר״ז » (ביאור הלכה שע״ו).
- Seif 4 (the Mechaber's seif ד): he adds a privy between two courtyards, and sets the condition of partnership: « אִם הוּא שֶׁל שְׁנֵיהֶם בְּשֻׁתָּפוּת וְלֹא עֵרְבוּ יַחַד — אֲסוּרִים לִפָּנוֹת לוֹ לְכַתְּחִלָּה בְּשַׁבָּת » (שו״ע הרב שע״ו:ד), « עַד שֶׁיְּעָרְבוּ יַחַד אוֹ יַעֲשׂוּ לוֹ תִּקּוּן » (שו״ע הרב שע״ו:ד). The Mishnah Berurah, who writes after him, distinguishes the place of the seat from the pit (ס״ק כ״ג); the Rav does not make this distinction, and Level 4 does not decide how the two texts agree. The prohibition lechatchilah and the remedy are already found in the Rema's gloss on Siman 355, seif ג, to which the parenthesis of seif ד refers; for this case, the remedy that the Mishnah Berurah (355 ס״ק ל״ה) and the Rav himself in Siman 355 write is a board or a reed, not a hanging partition (Level 4, point ד).
6. Mnemonic — four places, in the order of the seifim
Each seif of the siman deals with a place between two domains; their initials, in the order of the seifim, give ב · ב · ח · ב:
ב — בור: the cistern between two courtyards — a partition of ten with its tefach, or a beam of four tefachim; with vessels of the courtyard, no remedy, according to the Rema's gloss — but one does not bring the water into the house without a remedy (Mishnah Berurah, ס״ק י) (seif א).
ב — באר: the well in the middle of the path — by way of the air, one does not forbid; the Rema's gloss requires that the courtyards open onto it through windows alone, and reports the view that forbids at less than four tefachim, like which, writes the Mishnah Berurah, the Acharonim ruled (ס״ק ט״ו) (seif ב).
ח — חורבות: the three ruins (without residents, according to the Mishnah Berurah, ס״ק ט״ז) — each his own, the middle one to both; in the kankan arrangement, the third is forbidden to both (seif ג).
ב — בית הכסא: the privy between two houses without an eruv — forbidden (seif ד); according to the Mishnah Berurah, when only the pit is shared (ס״ק כ״ג).
7. Pitfalls to avoid
Pitfall 1: Thinking that the courtyard wall running over the cistern serves as a partition. The Mishnah Berurah: « ומחיצת הכותל שעומד ע״ג הבור אין מועיל לזה כלל דבעינן דוקא שתהא עשויה לשם כך ובתוך אוגן הבור » (משנה ברורה שע״ו ס״ק ג); the Shulchan Aruch HaRav writes so too (seif 1).
Pitfall 2: Thinking that a partition of ten above the water suffices with no further condition. Seif א: « וצריך שיהיה טפח מן המחיצה יורד בתוך המים » (שו״ע או״ח שע״ו:א); and if it is entirely within the water, a tefach of it must protrude above the water.
Pitfall 3: Thinking that with vessels of the courtyard everything is permitted. The Rema's gloss: « ודוקא אם בא למלאות בכלים של בית אבל בכלים של חצר לא בעינן שום תיקון » (רמ״א או״ח שע״ו:א); but the Mishnah Berurah adds: « ועכ״פ אסור להכניס המים לבית אם לא עשו שום תיקון דהא לא עירבו שתי החצרות ביחד » (משנה ברורה שע״ו ס״ק י).
Pitfall 4: Forgetting the limit the Rema's gloss sets: « ודוקא כשאין חצרות פתוחות בשביל רק בחלונות » (רמ״א או״ח שע״ו:ב). On the words of the seif, the Magen Avraham writes « וכ״ש בפחו׳ מד׳ (דאז) אף על פי שהחצירו׳ פתוחות לשביל שרי לסברא זו » (מגן אברהם שע״ו ס״ק ד) — he reads in the seif's view a permission even when the courtyards open onto the path (Level 4, point ב); the Rema's gloss permits only if they open onto it through windows alone, and the Mishnah Berurah explains: with doorways, the path is like a courtyard without an eruv (ס״ק י״ד); and the Shulchan Aruch HaRav: « אֲבָל אִם חֲצֵרוֹת פְּתוּחוֹת לַשְּׁבִיל — רְשׁוּת שְׁנֵיהֶם שׁוֹלֶטֶת בּוֹ וַהֲרֵי הוּא כְּחָצֵר שֶׁל שְׁנֵיהֶם, וַאֲסוּרִים בּוֹ עַד שֶׁיְּעָרְבוּ » (שו״ע הרב שע״ו:ב).
Pitfall 5: Treating the distance of four tefachim as irrelevant. Seif ב permits even at four tefachim, and the Mishnah Berurah infers that, according to this view, it is permitted all the more when closer (ס״ק י״ב); but the Rema's gloss reports the view that forbids at less than four tefachim, even through windows alone, and the Mishnah Berurah writes that the Acharonim ruled like this view (ס״ק ט״ו). The Shulchan Aruch HaRav (seif 2) writes the permission for a cistern four tefachim away from each courtyard; the case of a closer cistern it does not write in this seif. For a closer cistern, consult your Rav.
Pitfall 6: Judging the ruins arranged like the three heads of a kankan like those of the seif's first case. In the first case, the middle one is permitted to both; but when the three are arranged like the three heads of a kankan — the middle one facing the two, « שהיתה האמצעי׳ כנגד השתים » (שו״ע או״ח שע״ו:ג) —, « והשלישי׳ הקרובה לשתי החצירו׳ אסורה לשתיהן » (שו״ע או״ח שע״ו:ג) — according to the Mishnah Berurah, because both use it easily, near the window, by lowering [objects] into it (ס״ק כ״ב). According to the Mishnah Berurah (ס״ק כ״א, Level 1), in this arrangement the middle one stretches along the length of the two ruins, and its two ends reach the two courtyards.
Pitfall 7: Treating the shared privy as forbidden in every case, or as permitted without reservation. Seif ד: « רשות שניהם שולטת בו ואסורים » (שו״ע או״ח שע״ו:ד); according to the Mishnah Berurah, this is when only the pit is shared, and if the place of the seat also belongs to both, it is permitted (ס״ק כ״ג); for one who forgot: « דאם שכח ולא עירב בדיעבד מותר לפנות דגדול כבוד הבריות » (משנה ברורה שע״ו ס״ק כ״ד). The Shulchan Aruch HaRav (seif 4) writes the prohibition « לְכַתְּחִלָּה » (שו״ע הרב שע״ו:ד), when the privy belongs to both in partnership.
Pitfall 8: Mixing the two numberings. Levels 1 to 3 follow the Shulchan Aruch of the Mechaber; Level 4 follows the Shulchan Aruch HaRav. In this siman, its 4 seifim correspond one by one to the Mechaber's, but they say more, among other things the condition of ten tefachim between the windows and the water, the path that is a karmelis (seif 2), ruins that have owners (seif 3), a privy between two courtyards (seif 4).
8. Practical cases
| Situation | Analysis | Conduct |
|---|---|---|
| A cistern shared by two courtyards that have not made an eruv together | One may not draw from it without a partition of ten [tefachim] above the water of which a tefach goes down into the water — or protrudes, if it is entirely within the water —, or without a beam four tefachim wide over the opening (seif א); according to the Mishnah Berurah, a partition made for this purpose, inside the rim (ס״ק ג), a beam placed from the outset to permit the water (ס״ק ח); the Shulchan Aruch HaRav (seif 1) writes that the courtyard wall running over it does not count | The Biur Halachah leaves open, for practice, whether the beam must be inside the rim (Level 1, section 6); consult your Rav |
| Drawing with a bucket of the courtyard | With vessels of the courtyard, no remedy is needed (the Rema's gloss on seif א); according to the Mishnah Berurah, one does not bring the water into the house without a remedy (ס״ק י); according to the Shulchan Aruch HaRav (seif 1), one draws into the courtyards, without a remedy, with a bucket that rested in the courtyard on Shabbos, and a remedy is needed to draw with a bucket that rested in the house, even to use the water in the courtyard | Consult your Rav |
| A well in the middle of a path between the walls of two courtyards, from which one draws through the windows | In the middle of the path, even four tefachim from each wall, both draw from it, without projections (seif ב); according to the Rema's gloss, only when the courtyards open onto the path through windows alone (according to the Magen Avraham, the seif's view permits even when they open onto it, ס״ק ד — he writes it right after what he says of a well less than four tefachim away, and Level 4 does not decide whether he says it at four as well); and some say that at less than four tefachim they forbid even then — the Mishnah Berurah writes that the Acharonim ruled like this view (ס״ק ט״ו) | The Shulchan Aruch HaRav (seif 2) adds conditions (section 5); consult your Rav |
| Ruins between two courtyards | According to the Mishnah Berurah, ruins without residents, breached into one another over more than ten amos (ס״ק ט״ז): each uses the one next to him, through the windows, by throwing — but not his fellow's on Shabbos (Mishnah Berurah, ס״ק י״ח) —, and the middle one is permitted to both; in the kankan arrangement, the third, close to the two courtyards, is forbidden to both (seif ג) | When the ruins have owners, the Biur Halachah reports a dispute of the Rishonim and cites those who permit, the Alter Rebbe among them (Level 1, section 6; Shulchan Aruch HaRav, seif 3); consult your Rav |
| A privy between two houses that have not made an eruv together | The domain of both rules over it, and they are forbidden (seif ד); according to the Mishnah Berurah, when only the pit is shared; if the place of the seat also belongs to both, it is permitted (ס״ק כ״ג); the Shulchan Aruch HaRav (seif 4) speaks of a privy that belongs to both in partnership, and writes the prohibition lechatchilah, until they make an eruv or a remedy | For one who forgot to make the eruv, the Mishnah Berurah writes that after the fact it is permitted to relieve oneself, for the dignity of people is great (ס״ק כ״ד); consult your Rav |
9. Final synthesis table
| Element | Detail |
|---|---|
| Subject of the siman | A cistern and a well between two courtyards (בור ובאר שבין שתי חצירות); seifim ג and ד also deal with ruins between two courtyards and a privy between two houses |
| Place | In Sefaria's index, the section הלכות עירובין of the Shulchan Aruch begins at siman 345 |
| Number of seifim | 4 seifim (Mechaber) — 4 in the Shulchan Aruch HaRav as well, which in this siman correspond one by one to the Mechaber's |
| Mishnah Berurah | 24 ס״ק on this siman |
| Glosses of the Rema | On seifim א and ב, introduced by the word הגה; at the end of seif ד, a parenthesis in small print, without the word הגה, refers to siman 355 |
| Cross-references | To siman 372, for vessels of the courtyard (the Rema's gloss on seif א); to siman 355, for the privy (parenthesis of seif ד); the Shulchan Aruch HaRav refers among others to simanim 355, 372, 375, 354 and 371 (Level 4) |
| Talmudic sources and Rishonim | See Level 2 |
| Golden rule | For water, a partition of ten of which a tefach goes down into the water (or protrudes, if it is entirely within the water), or a beam four tefachim wide, suffices, for, according to the Mishnah Berurah, all that is required is that the bucket not openly enter the other's part (seif א; ס״ק ד); use that is only by way of the air, through windows, does not forbid to the other (seifim ב and ג), with the reservations of the Rema's gloss on seif ב; the ruin that both use easily is forbidden to both (seif ג; Mishnah Berurah, ס״ק כ״ב); so is the privy between two houses without an eruv (seif ד) |
| Practical ruling | For each case, the ruling of its seif; the Mishnah Berurah and the Biur Halachah add conditions, seif by seif (Level 1), and the Shulchan Aruch HaRav its own precisions (Level 4); consult your Rav |
10. The practical commandments of Siman שע״ו
For daily conduct
- A cistern between two courtyards that cannot make an eruv, or have not made one: one may not draw from it on Shabbos without a partition of ten [tefachim] above the water of which a tefach goes down into the water — or, entirely within the water, of which a tefach protrudes —, or without a beam four tefachim wide over the opening (seif א); according to the Mishnah Berurah, a partition made for this purpose, inside the rim (ס״ק ג), a beam placed to permit the water (ס״ק ח); the courtyard wall running over it does not count (Shulchan Aruch HaRav, seif 1).
- Vessels of the courtyard: with them, no remedy is needed (the Rema's gloss on seif א) — but, according to the Mishnah Berurah, one does not bring the water into the house without a remedy (ס״ק י); the Shulchan Aruch HaRav (seif 1) speaks of a bucket that rested in the courtyard.
- A well in the middle of the path, even four tefachim from each wall: both draw from it, without projections (seif ב) — only, according to the Rema's gloss, if the courtyards open onto the path through windows alone (according to the Magen Avraham, the seif's view permits even when they open onto it, ס״ק ד — he writes it right after what he says of a well less than four tefachim away, and Level 4 does not decide whether he says it at four as well); and some say that if it is not four tefachim away, they forbid even then — the Mishnah Berurah writes that the Acharonim ruled like this view (ס״ק ט״ו). The Shulchan Aruch HaRav (seif 2) adds its conditions (section 5); for a closer cistern, consult your Rav.
- The three ruins (according to the Mishnah Berurah, without residents, breached into one another, ס״ק ט״ז): each uses his own, through the windows, by throwing, and the middle one is permitted to both; arranged like the three heads of a kankan, the third, close to the two courtyards, is forbidden to both (seif ג).
- A privy between two houses without an eruv: the domain of both rules over it, and they are forbidden (seif ד) — according to the Mishnah Berurah, when only the pit is shared (ס״ק כ״ג); the Shulchan Aruch HaRav (seif 4) writes the prohibition lechatchilah for a privy that belongs to both in partnership, without this distinction; for one who forgot to make the eruv, see pitfall 7.
- 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״ו in 3 levels:
You have studied Siman שע״ו in 3 levels:
- 🌱 Level 1 — Foundations: the text of the Mechaber seif by seif, with the Rema's glosses, introduced by הגה, on seifim א and ב, 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