DAAT · LEVEL 3 — MAGISTERIAL SYNTHESIS
Siman שע״ח
סימן שע״ח · דין חצרות פתוחות זו לזו
Recap & mnemonics for review
📑 Synthesis plan
- The central axiom of the siman
- The key concepts, condensed
- Structure of the siman — from neighbouring courtyards to courtyards one inside the other
- Decision tree — does one courtyard forbid the other?
- The forbidden foot and the permitted foot — seifim ב to ה
- 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 (5 seifim). The Shulchan Aruch HaRav, studied in Level 4, also has 5 seifim, divided the same way, under its own numbering: when it is cited, its name is given next to the number.
1. The central axiom
Siman שע״ח in one sentence.
When courtyards open onto one another, does one forbid carrying to the other? Seif ה gives the rule: « זה הכלל רגל האסור׳ במקומה אוסר׳ שלא במקומה ורגל המותרת אינה אוסר׳ שלא במקומה » (שו״ע או״ח שע״ח:ה). In seifim א and ג, the Mishnah Berurah explains the rulings by the place of the eruv — where it is deposited, those who took part in it are as if living there (ס״ק ג and י״ד): « ועיקר העירוב משום דירה דהוי כאלו דר במקום העירוב » (משנה ברורה שע״ח ס״ק י״ד); the Shulchan Aruch HaRav says so in its seif 1: « שֶׁאָז דִּיּוּרֵי הָאֶמְצָעִית בַּחִיצוֹנוֹת, שֶׁהָעֵרוּב הוּא מִשּׁוּם דִּירָה, וְאֵין דִּיּוּרֵי הַחִיצוֹנִים בָּאֶמְצָעִית, שֶׁהֲרֵי אֵין עֵרוּבָן בָּהּ » (שו״ע הרב שע״ח:א). The siman then sets out the cases, each in its seif: three courtyards open to one another, each of the outer ones having made the eruv with the middle one (seif א), two courtyards one inside the other (seif ב), the eruv they make together (seif ג), the single resident of the inner courtyard (seif ד), and three courtyards one inside the other (seif ה).
When courtyards open onto one another, does one forbid carrying to the other? Seif ה gives the rule: « זה הכלל רגל האסור׳ במקומה אוסר׳ שלא במקומה ורגל המותרת אינה אוסר׳ שלא במקומה » (שו״ע או״ח שע״ח:ה). In seifim א and ג, the Mishnah Berurah explains the rulings by the place of the eruv — where it is deposited, those who took part in it are as if living there (ס״ק ג and י״ד): « ועיקר העירוב משום דירה דהוי כאלו דר במקום העירוב » (משנה ברורה שע״ח ס״ק י״ד); the Shulchan Aruch HaRav says so in its seif 1: « שֶׁאָז דִּיּוּרֵי הָאֶמְצָעִית בַּחִיצוֹנוֹת, שֶׁהָעֵרוּב הוּא מִשּׁוּם דִּירָה, וְאֵין דִּיּוּרֵי הַחִיצוֹנִים בָּאֶמְצָעִית, שֶׁהֲרֵי אֵין עֵרוּבָן בָּהּ » (שו״ע הרב שע״ח:א). The siman then sets out the cases, each in its seif: three courtyards open to one another, each of the outer ones having made the eruv with the middle one (seif א), two courtyards one inside the other (seif ב), the eruv they make together (seif ג), the single resident of the inner courtyard (seif ד), and three courtyards one inside the other (seif ה).
2. The condensed key concepts
| Concept | Definition | In the seif |
|---|---|---|
| משום דירה | The eruv depends on residence: where it is deposited, those who took part in it are as if living there (Mishnah Berurah, ס״ק ג and י״ד; Shulchan Aruch HaRav, seif 1) | Seif א: when the middle one gave its eruv in each of the outer ones, or the outer ones gave theirs in the middle one, in two houses, the outer ones are not joined to each other (Mishnah Berurah, ס״ק ג and ד); seif ג: the joint eruv deposited in the outer one (ס״ק י״ד) |
| בבית אחד | The eruv of the two outer ones given in a single house of the middle one — in one vessel, or a vessel that was filled with some left over (Mishnah Berurah, ס״ק ה), by the rule of the single vessel that the Mechaber sets down in Siman 366 (seif ד), to which it refers (ס״ק ד); the Shulchan Aruch HaRav does not repeat it in seif 1 and sets it down in Siman 366 (its seif 9) | Seif א: all three courtyards are permitted with one another |
| דריסת הרגל | The right of passage: the inner courtyard has no way out except through the outer one (Taz, ס״ק ב; Shulchan Aruch HaRav, seif 2) | Seif ב: « ויש לפנימי׳ דריכת רגל על החיצונה » (שו״ע או״ח שע״ח:ב) — the edition that Level 1 copies (Maginei Eretz) reads דריכת רגל |
| רגל האסורה במקומה | A foot forbidden in its place forbids outside its place — when it has a right of passage there (Mishnah Berurah, ס״ק י״א; Shulchan Aruch HaRav, seif 2) | The rule of seif ה; in seif ב, the reason for the case where both courtyards are forbidden (Taz, ס״ק ג; Mishnah Berurah, ס״ק י״א) |
| רגל המותרת במקומה | A foot permitted in its place does not forbid outside its place (Mishnah Berurah, ס״ק י״ב) | The rule of seif ה; in seif ב, when each made its own eruv (ס״ק י״ב and י״ג); in seif ד, the single resident of the inner one (ס״ק י״ט) |
| ביטול רשות | The renunciation of domain: one who did not take part in the eruv forbids until he renounces (seif ג; Shulchan Aruch HaRav, seif 2) | Seif ג: « עירבו ביחד ונתנו עירובן בחיצונה ושכח א׳ בין מן הפנימי׳ בין מן החיצונה ולא עירב שתיהן אסורות עד שיבטל רשותו » (שו״ע או״ח שע״ח:ג); to both courtyards, according to the Mishnah Berurah, which refers to siman 381 (ס״ק ט״ו); the Mechaber himself writes it in siman 381, for the forgetting of a resident of the inner one (שו״ע או״ח שפ״א:ב); in its seif 2, the Shulchan Aruch HaRav refers to siman 380 for another case: each courtyard made its own eruv, and the resident of the outer one who forgot forbids his own courtyard |
| לתקוני שיתפתיך | I joined with you to improve, not to harm (Mishnah Berurah, ס״ק י״ז) | Seif ג, eruv deposited in the inner one, a resident of the outer one forgot: the inner one can withdraw from the outer one, since its eruv is with it (Mishnah Berurah, ס״ק י״ז; Taz, ס״ק ד); the Shulchan Aruch HaRav (seif 3) writes that it sets it aside (תְּסַלְּקֶנָּהּ) |
| רבים שהם כיחיד | Several who are like a single one — for example the father with his sons who receive their portion from him (Mishnah Berurah, ס״ק כ׳; Shulchan Aruch HaRav, seif 4) | The Rema's gloss in seif ד, which refers to siman 370 |
3. Structure of the siman — from neighbouring courtyards to courtyards one inside the other
Seif א — three courtyards open to one another and to the public domain: each of the outer ones made the eruv with the middle one, and not with each other; the outer ones are forbidden with each other, the middle one is permitted with each — when the middle one gave its eruv in each, or the outer ones gave theirs in the middle one, in two houses. If the outer ones gave it in a single house of the middle one, all three are permitted with one another — in one vessel, or a vessel that was filled with some left over (Mishnah Berurah, ס״ק ה; the rule of Siman 366).
↓
Seif ב — two courtyards one inside the other: the inner one, open onto the outer one, has a right of passage over it (with no other way out, according to the Taz, ס״ק ב). If the inner one made the eruv and not the outer one, or each made it for itself but a resident of the outer one forgot: the inner one is permitted, the outer one forbidden. If the outer one made the eruv and not the inner one, or each made it for itself but a resident of the inner one forgot: both are forbidden. If each made the eruv for itself: each is permitted in its own courtyard. When it is a resident who forgot, the Mishnah Berurah writes that the prohibition ends if he renounces: in the first case, the outer one is forbidden unless he renounces his share to the others (ס״ק י); in the second, both are forbidden unless [the one of the inner one who forgot] renounces his domain to the residents of the inner one, and also his right of passage in the outer one to the residents of the outer one (ס״ק י״א). In the first case, the Shulchan Aruch HaRav (seif 2) writes of the resident of the outer one who forgot that he prohibits their courtyard to them until he renounces his domain. When it is the whole inner one that did not make the eruv, the Mechaber and the Shulchan Aruch HaRav write in siman 381 that it can renounce its right in favor of the outer one, so that it neither uses it nor passes through it except when it needs to go out (and come in, adds the Rav), and the outer one becomes permitted (שו״ע או״ח שפ״א:ב; שו״ע הרב שפ״א:ב).
↓
Seif ג — the eruv made together by the two courtyards: deposited in the outer one, the forgetting of one resident, of either courtyard, forbids both, until he renounces his domain (to both courtyards, Mishnah Berurah, ס״ק ט״ו); deposited in the inner one, the forgetting of a resident of the inner one forbids both (unless he renounces to both courtyards, Mishnah Berurah, ס״ק ט״ז), while that of a resident of the outer one leaves the inner one permitted.
↓
Seif ד — the single resident of the inner courtyard: if there is in the outer one a single resident, or two who made the eruv — between themselves alone, according to the Mishnah Berurah (ס״ק י״ח) —, the one in the inner one does not forbid the outer one. The Rema's gloss: likewise several who are like a single one and do not need to make the eruv (siman 370).
↓
Seif ה — three courtyards one inside the other: a single resident in each; even though several pass through the outer one, they do not forbid, for each is permitted in its place. If there are two in the inner one, who did not make the eruv, they forbid the single ones in the middle one and in the outer one. The seif closes with the rule: a foot forbidden in its place forbids outside its place; a permitted foot does not forbid outside its place.
4. Decision tree — does one courtyard forbid the other?
Q1: Three courtyards open to one another and to the public domain, each of the outer ones having made the eruv with the middle one, and not with the other? (seif א)
↓ The middle one gave its eruv in each, or the outer ones gave theirs in the middle one, in two houses → the outer ones are forbidden with each other, the middle one is permitted with each. The outer ones gave it in a single house of the middle one → all three are permitted with one another — in one vessel, or a vessel that was filled with some left over (Mishnah Berurah, ס״ק ה; the rule of Siman 366); the Shulchan Aruch HaRav, which does not repeat it in seif 1, sets it down in Siman 366 (seif 9).
Q2: Two courtyards, the inner one having a right of passage over the outer one — did each make its own eruv? (seif ב)
↓ The inner one made the eruv, and the outer one did not, or one of its residents forgot → the inner one is permitted, the outer one forbidden. The outer one made the eruv, and the inner one did not, or one of its residents forgot → both are forbidden. Each made its own → each is permitted in its own courtyard. When it is a resident who forgot, the Mishnah Berurah writes that the prohibition ends if he renounces: in the first case, his share in favor of the others (ס״ק י); in the second, his domain in favor of the residents of the inner one and his right of passage in the outer one in favor of those of the outer one (ס״ק י״א). The whole inner one without an eruv: according to the Mechaber and the Shulchan Aruch HaRav, it can renounce its right in favor of the outer one, so that it neither uses it nor passes through it except when it needs to go out; the outer one then becomes permitted (siman 381, seif ב).
Q3: Did the two courtyards make the eruv together? (seif ג)
↓ Where was the eruv deposited? In the outer one → the forgetting of one resident, of either courtyard, forbids both, until he renounces his domain (to both courtyards, Mishnah Berurah, ס״ק ט״ו). In the inner one → the forgetting of a resident of the inner one forbids both (unless he renounces to both courtyards, Mishnah Berurah, ס״ק ט״ז); that of a resident of the outer one leaves the inner one permitted.
Q4: How many residents are in each courtyard? (seifim ד and ה)
↓ Two courtyards, and in the outer one a single resident, or two who made the eruv — between themselves alone, according to the Mishnah Berurah (ס״ק י״ח) → the one in the inner one does not forbid the outer one; likewise, according to the Rema's gloss, several who are like a single one (seif ד; siman 370). Three courtyards one inside the other, a single resident in each → they do not forbid; two in the inner one, who did not make the eruv → they forbid the single ones in the middle one and in the outer one (seif ה).
→ At the slightest doubt: consult your Rav.
5. The forbidden foot and the permitted foot — seifim ב to ה
Seif ה closes the siman with a rule: a foot forbidden in its place forbids outside its place, a permitted foot does not forbid outside its place. The Mishnah Berurah applies it, among other places, to seifim ב and ד, and the Shulchan Aruch HaRav gives it already in its seif 2. The table condenses these seifim, in their order; their full text and its translation are in Level 1.
| Seif | Case | Ruling of the seif | Reason given |
|---|---|---|---|
| ב | The inner one made the eruv, and not the outer one, or one of the residents of the outer one forgot | The inner one is permitted, the outer one forbidden | The inner one can close its door, and those of the outer one cannot prevent it (Mishnah Berurah, ס״ק ט); when a resident of the outer one forgot, the outer one remains forbidden unless he renounces his share to the others (ס״ק י), and the Rav writes of him « שֶׁהוּא אוֹסֵר עֲלֵיהֶם הֶחָצֵר עַד שֶׁיְּבַטֵּל רְשׁוּתוֹ » (שו״ע הרב שע״ח:ב); for the inner one permitted, the Rav: « הוֹאִיל וְיֵשׁ מְחִצָּה בֵּינֵיהֶן וְאֵין לַחִיצוֹנָה דְּרִיסַת הָרֶגֶל עָלֶיהָ » (שו״ע הרב שע״ח:ב) |
| ב | The outer one made the eruv, and not the inner one, or one of the residents of the inner one forgot | Both are forbidden | A foot forbidden in its place forbids outside its place: « דקיימא לן רגל האוסרת במקומה אוסרת שלא במקומה » (ט״ז או״ח שע״ח ס״ק ג); the Mishnah Berurah sets the condition of the right of passage, and adds, when a resident of the inner one forgot: unless he renounces his domain to the residents of the inner one and his right of passage to those of the outer one (ס״ק י״א); the Rav: « שֶׁרֶגֶל הָאֲסוּרָה בִּמְקוֹמָהּ אוֹסֶרֶת שֶׁלֹּא בִמְקוֹמָהּ כְּשֶׁיֵּשׁ לָהּ שָׁם דְּרִיסַת הָרֶגֶל » (שו״ע הרב שע״ח:ב); the whole inner one without an eruv: according to the Mechaber and the Shulchan Aruch HaRav, it can renounce its right in favor of the outer one, so that it neither uses it nor passes through it except when it needs to go out; the outer one then becomes permitted (siman 381, seif ב) |
| ב | Each made the eruv for itself | Each is permitted in its own courtyard | A foot permitted in its place does not forbid outside its place (Mishnah Berurah, ס״ק י״ב and י״ג; Shulchan Aruch HaRav, seif 2) |
| ג | Joint eruv deposited in the outer one; one of the residents, of either courtyard, forgot | Both are forbidden, until he renounces his domain | Even when the one who forgot is from the outer one, the inner one is as if living in the outer one, and withdrawing does not help it, since its eruv is not with it (Mishnah Berurah, ס״ק י״ד); the Rav: « שֶׁאַף אִם הַפְּנִימִית תְּסַלֵּק אֶת הַחִיצוֹנָה מֵעָלֶיהָ, הֲרֵי אֵין עֵרוּבָהּ אֶצְלָהּ, וּבַמֶּה יִתְעָרְבוּ דִּיּוּרֶיהָ » (שו״ע הרב שע״ח:ג) |
| ג | Joint eruv deposited in the inner one; one of the residents of the inner one forgot | Both are forbidden | They count as one (Mishnah Berurah, ס״ק ט״ז); according to the Rav (seif 3), the inner one, forbidden in its courtyard, also forbids the outer one, over which it has a right of passage |
| ג | Joint eruv deposited in the inner one; one of the residents of the outer one forgot | The inner one is permitted | The outer one is forbidden, as the baraita, the Rambam (level 2, section 5) and the Rav (seif 3) write — seif ג does not say so in words; the inner one can withdraw from the outer one, since its eruv is with it (Mishnah Berurah, ס״ק י״ז; Taz, ס״ק ד); the Rav: « דְּכֵיוָן שֶׁעֵרוּבָהּ אֶצְלָהּ, וְאֵין לַחִיצוֹנָה דְּרִיסַת הָרֶגֶל עָלֶיהָ אֶלָּא בִּשְׁבִיל עֵרוּבָהּ שֶׁמַּרְגִּילָהּ לְתוֹכָהּ, תְּסַלְּקֶנָּהּ מֵעָלֶיהָ וְתִשָּׁאֵר לְבַדָּהּ בְּעֵרוּבָהּ שֶׁאֶצְלָהּ, וְתִהְיֶה מֻתֶּרֶת » (שו״ע הרב שע״ח:ג) |
| ד | A single resident in the inner one; in the outer one, a single one, or two who made the eruv between themselves | The one in the inner one does not forbid the outer one | Even though they did not make the eruv together, a foot permitted in its place does not forbid outside its place (Mishnah Berurah, ס״ק י״ט; Shulchan Aruch HaRav, seif 4) |
| ה | Three courtyards one inside the other, a single resident in each | They do not forbid, even though several pass through the outer one | Each is permitted in its place (seif ה); the Rav: « אַף עַל פִּי שֶׁשְּׁנַיִם הַפְּנִימִים עוֹבְרִים עַל הַחִיצוֹנָה — אֵינָן אוֹסְרִים עָלֶיהָ, מִפְּנֵי שֶׁהִיא רֶגֶל הַמֻּתֶּרֶת בִּמְקוֹמָהּ » (שו״ע הרב שע״ח:ה) |
| ה | Two in the inner one, who did not make the eruv | They forbid the single ones in the middle one and in the outer one | The rule of seif ה; the Rav: « וְאִם הָיוּ שְׁנַיִם בַּשְּׁלִישִׁית הַפְּנִימִית וְלֹא עֵרְבוּ בֵּינֵיהֶם — אוֹסְרִים עַל הַיְחִידִים שֶׁבָּאֶמְצָעִית וְשֶׁבַּחִיצוֹנָה, מִפְּנֵי שֶׁהִיא רֶגֶל הָאֲסוּרָה בִּמְקוֹמָהּ » (שו״ע הרב שע״ח:ה) |
Where the Shulchan Aruch HaRav's text differs (its own numbering, Level 4; the two texts have the same division into 5 seifim):
- Seif 1 (the Mechaber's seif א): it says what the prohibition covers, « הֲרֵי הַחִיצוֹנוֹת אֲסוּרוֹת זוֹ עִם זוֹ, לְהוֹצִיא כֵּלִים שֶׁשָּׁבְתוּ בַּבָּתִּים מִזּוֹ לְזוֹ דֶּרֶךְ הָאֶמְצָעִית » (שו״ע הרב שע״ח:א), and bases each case on the residence that the eruv establishes where it is placed. Rashi, reported by the Beis Yosef, already gives the reason for both cases; the Taz (ס״ק א), that of the first and of the single house; the Mishnah Berurah, later than the Rav, that of both (ס״ק ג and ד).
- Seif 2 (seif ב): the rule of the forbidden foot and the permitted foot, which the Mechaber sets down only at the end of his seif ה, it gives already in this seif, as the reason for its second and third cases, with, for the first of the two, the condition of the right of passage (the right of passage itself the Mechaber sets down at the start of his seif ב); the Taz (ס״ק ג), before it, and the Mishnah Berurah (ס״ק י״א and י״ב), later than the Rav, also give the rule as the reason for seif ב. Of the resident of the outer one who forgot it writes « שֶׁהוּא אוֹסֵר עֲלֵיהֶם הֶחָצֵר עַד שֶׁיְּבַטֵּל רְשׁוּתוֹ » (שו״ע הרב שע״ח:ב), and refers to siman 380.
- Seif 3 (seif ג): the same cases, in the reverse order — the Rav begins with the eruv deposited in the inner one, the Mechaber with the eruv deposited in the outer one; when the eruv is deposited in the inner one and a resident of the outer one forgot, the Rav further writes that the outer one is forbidden (חִיצוֹנָה אֲסוּרָה), which the Mechaber's seif ג does not say in words, but which the baraita (עירובין ע״ה ע״ב) and the Rambam (הלכות עירובין פ״ד הכ״א) already write (level 2, section 5); its seif 3 does not mention the renunciation that the Mechaber's seif ג writes for the eruv deposited in the outer one (to both courtyards, according to the Mishnah Berurah, ס״ק ט״ו); in siman 381, it writes the renunciation for an eruv made together without naming there the courtyard where the eruv was deposited — when a resident of the inner one forgot, to each of the residents of the inner one and of the outer one; when a resident of the outer one forgot, he need not renounce in favor of the inner one —, and its reasons, the eruv that brings the outer one into the inner one and the inner one's removing the outer one, are those that its seif 3 gives for the eruv deposited in the inner one (שו״ע הרב שפ״א:ב; שו״ע הרב שע״ח:ג; level 4, point ג); for the eruv deposited in the outer one, it does not write, in siman 378 or in siman 381, to whom the one who forgot renounces; in seif 2, it speaks of another case, the resident who forgot and forbids his own courtyard when each courtyard made its own eruv (reference to siman 380); the reason for the inner one's withdrawal is already in the Tur and the Taz (ס״ק ד).
- Seif 4 (seif ד and the Rema's gloss): the Rav writes in his seif what the gloss says, with an example — the same one the Mishnah Berurah gives (ס״ק כ׳) —: « כְּגוֹן הָאָב עִם בָּנָיו שֶׁמְּקַבְּלִים מִמֶּנּוּ פְּרָס » (שו״ע הרב שע״ח:ד); and he specifies that the two in the outer one made the eruv between themselves, as the Mishnah Berurah also reads it (ס״ק י״ח): « אוֹ אֲפִלּוּ שְׁנַיִם דָּרִים בַּחִיצוֹנָה וְעֵרְבוּ בֵּינֵיהֶם » (שו״ע הרב שע״ח:ד).
- Seif 5 (seif ה): where the Mechaber writes that several pass through the outer one, the Rav writes that these are the two of the inner courtyards, as the Tur does; and he names the courtyard of the two who did not make the eruv: the third, innermost one.
6. Mnemonic — one word per seif
Five words from the Mechaber's text, one per seif, in the order of the seifim:
ב — בבית א׳: given in a single house of the middle one, the eruv of the outer ones permits all three courtyards (seif א) — in one vessel, or a vessel that was filled with some left over (Mishnah Berurah, ס״ק ה; the rule of Siman 366).
ד — דריכת רגל: the inner courtyard passes through the outer one; if it did not make the eruv, or one of its residents forgot, it forbids the outer one too, even if the latter made its own (seif ב).
ע — עירבו ביחד: the joint eruv; the ruling depends on the courtyard where it was deposited and on the courtyard of the resident who forgot (seif ג).
י — יחיד: the single resident of the inner one does not forbid, when the outer one has a single resident, or two who made the eruv — between themselves alone, according to the Mishnah Berurah (ס״ק י״ח) (seif ד).
ז — זה הכלל: the foot forbidden in its place, the permitted foot (seif ה).
7. Pitfalls to avoid
Pitfall 1: Thinking that the eruv of each outer courtyard with the middle one joins the outer ones to each other. In seif א: « החיצונות אסורות זו עם זו והאמצעי׳ מותרת עם כל אחת מהן והן מותרות עמה » (שו״ע או״ח שע״ח:א); « במה דברים אמורים כשנתנה אמצעי׳ עירובה בזו ועירובה בזו או שנתנו החיצונות עירובן באמצעי׳ בשני בתים » (שו״ע או״ח שע״ח:א). When each made its eruv only with the middle one, the seif joins them when their eruv was given in a single house: « אבל אם נתנו שתי החיצונו׳ עירובן באמצעי׳ בבית א׳ שלשתן מותרות זו עם זו » (שו״ע או״ח שע״ח:א) — in one vessel, or a vessel that was filled with some left over (Mishnah Berurah, ס״ק ה; the rule of Siman 366).
Pitfall 2: Thinking that, in seif ב, the two courtyards are treated alike. When the inner one made the eruv: « אם עירבה פנימי׳ לעצמה ולא החיצונה או שעירבה כל אחת לעצמה ושכח א׳ מן החיצונה ולא עירב פנימי׳ מותרת והחיצונה אסורה » (שו״ע או״ח שע״ח:ב). When the outer one did: « עירבה חיצונה ולא פנימית או שעירבה כל אחת לעצמה ושכח א׳ מהפנימי׳ ולא עירב שתיהן אסורות » (שו״ע או״ח שע״ח:ב). According to the Mishnah Berurah and the Shulchan Aruch HaRav, the difference lies in the passage: the inner one can close its door, the outer one having no right of passage over it, whereas the inner one has a right of passage over the outer one (Mishnah Berurah, ס״ק ט and י״א; Shulchan Aruch HaRav, seif 2). When it is a resident who forgot, the Mishnah Berurah writes that the prohibition ends if he renounces: in the first case, his share in favor of the others (ס״ק י); in the second, his domain in favor of the residents of the inner one and his right of passage in the outer one in favor of those of the outer one (ס״ק י״א). The whole inner one without an eruv: according to the Mechaber and the Shulchan Aruch HaRav, it can renounce its right in favor of the outer one, so that it neither uses it nor passes through it except when it needs to go out; the outer one then becomes permitted (siman 381, seif ב).
Pitfall 3: Thinking that the joint eruv always leaves the inner one permitted when the one who forgot is from the outer one. That holds only if the eruv was deposited in the inner one: « אבל אם שכח א׳ מן החיצונה ולא עירב פנימית מותרת » (שו״ע או״ח שע״ח:ג). Deposited in the outer one: « עירבו ביחד ונתנו עירובן בחיצונה ושכח א׳ בין מן הפנימי׳ בין מן החיצונה ולא עירב שתיהן אסורות עד שיבטל רשותו » (שו״ע או״ח שע״ח:ג) — to both courtyards, the Mishnah Berurah specifies: « ר״ל לשתי החצירות וכמבואר בסי׳ שפ״א » (משנה ברורה שע״ח ס״ק ט״ו).
Pitfall 4: Reading, in seif ד, that the two residents of the outer one made the eruv with the inner one. The seif: « אם יחיד דר בפנימי׳ ויחיד בחיצונה או שנים בחיצונה ועירבו אין היחיד שבפנימי׳ אוסר על החיצונה » (שו״ע או״ח שע״ח:ד); the Mishnah Berurah: « היינו אותם השנים לבד אבל לא עם הפנימית » (משנה ברורה שע״ח ס״ק י״ח); the Shulchan Aruch HaRav: « אוֹ אֲפִלּוּ שְׁנַיִם דָּרִים בַּחִיצוֹנָה וְעֵרְבוּ בֵּינֵיהֶם » (שו״ע הרב שע״ח:ד).
Pitfall 5: Thinking that, in three courtyards one inside the other, several people passing through the outer one is enough to forbid it. Seif ה: « שלשה חצרו׳ זו לפנים מזו ויחיד בכל אחת אע״פ שרבים דורסים בחיצונה אינם אוסרים שכל אחת מותר׳ במקומה » (שו״ע או״ח שע״ח:ה); what forbids is two residents of the inner one who did not make the eruv: « ואם היו שנים בפנימי׳ ולא עירבו הרי הם אוסרים על היחידים שבאמצעי׳ ושבחיצונה » (שו״ע או״ח שע״ח:ה).
Pitfall 6: Mixing the two numberings. Levels 1 to 3 follow the Shulchan Aruch of the Mechaber; Level 4 follows the Shulchan Aruch HaRav, which also has 5 seifim, divided the same way: its seifim 1 to 5 correspond to seifim א to ה. But within its seif 3 the Rav presents the cases in the reverse order of seif ג, and its seif 4 writes in its body what the Rema's gloss says.
8. Practical cases
| Situation | Analysis | Conduct |
|---|---|---|
| Three neighbouring courtyards, also open to the public domain; each of the outer ones made the eruv with the middle one | The outer ones remain forbidden with each other when the middle one gave its eruv in each, or when they gave theirs in the middle one, in two houses; given in a single house, all three courtyards are permitted with one another (seif א) | In one vessel, or a vessel that was filled with some left over (Mishnah Berurah, ס״ק ה; the rule of Siman 366); the Shulchan Aruch HaRav, which does not repeat it in seif 1, sets it down in Siman 366 (seif 9). Where and how to deposit the eruv: consult your Rav |
| Two courtyards, the inner one having a right of passage over the outer one | If the inner one made its eruv and the outer one did not, or each made its own and a resident of the outer one forgot, the inner one is permitted and the outer one forbidden; if the outer one made its eruv and the inner one did not, or each made its own and a resident of the inner one forgot, both are forbidden; if each made its own, each is permitted in its own courtyard (seif ב) | When it is a resident who forgot, the Mishnah Berurah writes that the prohibition ends if he renounces: in the first case, his share in favor of the others (ס״ק י); in the second, his domain in favor of the residents of the inner one and his right of passage in the outer one in favor of those of the outer one (ס״ק י״א); the whole inner one without an eruv: according to the Mechaber and the Shulchan Aruch HaRav, it can renounce its right in favor of the outer one, so that it neither uses it nor passes through it except when it needs to go out; the outer one then becomes permitted (siman 381, seif ב); consult your Rav |
| A resident forgot to take part in the joint eruv of the two courtyards | Deposited in the outer one, the eruv leaves both courtyards forbidden, whether he is from one or the other, until he renounces his domain; deposited in the inner one, the forgetting of a resident of the inner one forbids both, that of a resident of the outer one leaves the inner one permitted (seif ג) | According to the Mishnah Berurah, the renunciation is made to both courtyards: for the eruv deposited in the outer one (ס״ק ט״ו) and, when it is deposited in the inner one, for the forgetting of a resident of the inner one (ס״ק ט״ז). For the forgetting of a resident of the outer one, the Shulchan Aruch HaRav writes in siman 381 that he need not renounce in favor of the inner one, without naming the courtyard of the eruv, but for a reason — the inner one removes the outer one — that it accepts in siman 378 (seif 3) only for the eruv deposited in the inner one (level 4, point ג); for the eruv deposited in the outer one, it does not write, in siman 378 or in siman 381, to whom the one who forgot renounces; consult your Rav |
| A single resident in the inner courtyard | If there is in the outer one a single resident, or two who made the eruv — between themselves alone, according to the Mishnah Berurah (ס״ק י״ח) —, he does not forbid the outer one; likewise, according to the Rema's gloss, several who are like a single one (seif ד; siman 370) | He does not forbid (seif ד); for who counts as a single one, see siman 370; consult your Rav |
| Three courtyards one inside the other | A single resident in each: they do not forbid; two in the inner one, who did not make the eruv: they forbid the single ones in the middle one and in the outer one (seif ה) | Consult your Rav |
9. Final synthesis table
| Element | Detail |
|---|---|
| Subject of the siman | Courtyards open to one another (דין חצרות פתוחות זו לזו) |
| Place | In Sefaria's index, the section הלכות עירובין of the Shulchan Aruch begins at siman 345 |
| Number of seifim | 5 seifim (Mechaber) — 5 seifim also in the Shulchan Aruch HaRav, divided the same way |
| Mishnah Berurah | 20 ס״ק on this siman; none is attached to seif ה in the text Sefaria serves |
| Glosses of the Rema | One gloss introduced by the word הגה, at the end of seif ד |
| Cross-references | To siman 370, for several who are like a single one (the Rema's gloss, seif ד); to siman 381, for the renunciation of domain (Mishnah Berurah, ס״ק ט״ו), where the Mechaber writes it; the Shulchan Aruch HaRav refers to siman 380 (seif 2) for the resident who forgot and forbids his own courtyard |
| Talmudic sources and Rishonim | See Levels 1 and 2 |
| Golden rule | A foot forbidden in its place forbids outside its place; a permitted foot does not forbid outside its place (seif ה). The siman answers, among other things, according to the place where the eruv was deposited (seifim א and ג), the inner courtyard's passage through the outer one (seifim ב to ה) and the number of those living in each courtyard (seifim ד and ה) |
| Practical ruling | For each case, the ruling of its seif; the Mishnah Berurah adds explanations, notably on seifim א, ב, ג and ד (Level 1), and the Shulchan Aruch HaRav gives the reason for several of these rulings (Level 4); consult your Rav |
10. The practical commandments of Siman שע״ח
For daily conduct
- Three courtyards open to one another and to the public domain, each of the outer ones having made the eruv with the middle one: the outer ones are forbidden with each other, the middle one is permitted with each — when the middle one gave its eruv in each, or the outer ones gave theirs in the middle one, in two houses; given in a single house, the eruv permits all three courtyards (seif א) — in one vessel, or a vessel that was filled with some left over (Mishnah Berurah, ס״ק ה; the rule of Siman 366).
- Two courtyards, the inner one having a right of passage over the outer one: the eruv of the inner one alone permits it, even if the outer one did not make the eruv or one of its residents forgot, and the outer one is forbidden; the eruv of the outer one alone, or the forgetting of a resident of the inner one, forbids both; if each made its own, each is permitted in its own courtyard (seif ב). When it is a resident who forgot, the Mishnah Berurah writes that the prohibition ends if he renounces: in the first case, his share in favor of the others (ס״ק י); in the second, his domain in favor of the residents of the inner one and his right of passage in the outer one in favor of those of the outer one (ס״ק י״א). The whole inner one without an eruv: according to the Mechaber and the Shulchan Aruch HaRav, it can renounce its right in favor of the outer one, so that it neither uses it nor passes through it except when it needs to go out; the outer one then becomes permitted (siman 381, seif ב).
- A joint eruv for the two courtyards: deposited in the outer one, the forgetting of one resident, of either courtyard, forbids both until he renounces his domain (seif ג; to both courtyards, Mishnah Berurah, ס״ק ט״ו); deposited in the inner one, the forgetting of a resident of the inner one forbids both (unless he renounces to both courtyards, Mishnah Berurah, ס״ק ט״ז), while that of a resident of the outer one leaves the inner one permitted (seif ג).
- A single resident in the inner one does not forbid the outer one, when there is in the outer one a single resident, or two who made the eruv — between themselves alone, according to the Mishnah Berurah (ס״ק י״ח) — (seif ד); and, according to the Rema's gloss, likewise several who are like a single one (seif ד; siman 370).
- Three courtyards one inside the other, a single resident in each: they do not forbid; two in the inner one, who did not make the eruv, forbid the single ones in the middle one and in the outer one (seif ה).
- 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״ח in 3 levels:
You have studied Siman שע״ח in 3 levels:
- 🌱 Level 1 — Foundations: the text of the Mechaber seif by seif, with the Rema's gloss in seif ד, 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