DAAT · LEVEL 3 — MAGISTERIAL SYNTHESIS
Siman ש״פ
סימן ש״פ · דיני ביטול רשות
Recap & mnemonics for review
📑 Synthesis plan
- The central axiom of the siman
- The condensed key concepts
- Structure of the siman — from the renunciation of one to that of many
- Decision tree — what does the renunciation permit?
- Who becomes a guest with whom — seifim א, ב and ד
- Mnemonic לבשר
- 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 7, divided differently — in the main, its seifim 1 and 2 correspond to the Mechaber's seif א, its seif 3 to seif ב, its seif 4 to seif ג, and its seifim 5, 6 and 7 to seif ד: when it is cited, its name is given next to the number.
1. The central axiom
Siman ש״פ in one sentence.
A resident of the courtyard who did not make the eruv forbids the others to carry, and their remedy is that he renounce his domain in their favour: « א׳ מבני החצר ששכח ולא עירב עם האחרים אוסר עליהם מה תקנתם יבטל להם רשותו » (שו״ע או״ח ש״פ:א). The Mishnah Berurah explains why no act of acquisition is needed: « דהוא רק סילוק רשותא בעלמא שמסלק עצמו מרשותו כדי שלא יאסור עליהם » (משנה ברורה ש״פ ס״ק ג); the Shulchan Aruch HaRav (seif 1 of its numbering), writing before it, gives the same reason, and draws from it that the renunciation is possible even on Shabbos: « וּלְסַלֵּק עַצְמוֹ מֵרְשׁוּתוֹ מֻתָּר אַף בְּשַׁבָּת » (שו״ע הרב ש״פ:א). The siman then sets out the cases, each in its seif: the wording, and what a renunciation permits when it covers only the courtyard (seif א) or the house too (seif ב); renting instead of renouncing (seif ג); then the renunciation of many in favour of one, that of two only, and in whose favour one may renounce (seif ד).
A resident of the courtyard who did not make the eruv forbids the others to carry, and their remedy is that he renounce his domain in their favour: « א׳ מבני החצר ששכח ולא עירב עם האחרים אוסר עליהם מה תקנתם יבטל להם רשותו » (שו״ע או״ח ש״פ:א). The Mishnah Berurah explains why no act of acquisition is needed: « דהוא רק סילוק רשותא בעלמא שמסלק עצמו מרשותו כדי שלא יאסור עליהם » (משנה ברורה ש״פ ס״ק ג); the Shulchan Aruch HaRav (seif 1 of its numbering), writing before it, gives the same reason, and draws from it that the renunciation is possible even on Shabbos: « וּלְסַלֵּק עַצְמוֹ מֵרְשׁוּתוֹ מֻתָּר אַף בְּשַׁבָּת » (שו״ע הרב ש״פ:א). The siman then sets out the cases, each in its seif: the wording, and what a renunciation permits when it covers only the courtyard (seif א) or the house too (seif ב); renting instead of renouncing (seif ג); then the renunciation of many in favour of one, that of two only, and in whose favour one may renounce (seif ד).
2. The condensed key concepts
| Concept | Definition | In the seif |
|---|---|---|
| ביטול רשות | Renunciation of domain: according to the Mishnah Berurah, a mere withdrawal, by which he withdraws from his domain so as not to forbid them (ס״ק ג) | Seif א: one who forgot to make the eruv renounces in favour of the others, by speech |
| קנין סודר | The act of acquisition by means of a cloth | Seif א: the renunciation does not need it, and may be done even after nightfall — according to the Mishnah Berurah, because it is only a mere withdrawal (ס״ק ג) |
| אורח | The guest: he does not forbid the residents of the courtyard, and they do not forbid him (Mishnah Berurah, ס״ק ז, which refers to the end of siman 370) | Seif א: after a renunciation without specifying, he is a guest only for what goes from their houses to the courtyard, not in his house, which he did not renounce (Mishnah Berurah, ס״ק ט); seif ב: if he also renounced his house, he becomes a complete guest, according to the Mishnah Berurah (ס״ק י״ב) |
| החזקה | Taking possession of the domain by those in whose favour he renounced, by carrying from their houses to the courtyard (Mishnah Berurah, ס״ק י״ב) | Seif ב: according to the Mishnah Berurah, the permission applies after this taking of possession (ס״ק י״ב, which refers to siman 381); seif ד: according to the Magen Avraham, even if the individual took possession first, the many are forbidden (Mishnah Berurah, ס״ק י״ח) |
| שכירות | Renting | Seif ג: two views; according to the second, renting was instituted only for a non-Jew, not for a Jew (Mishnah Berurah, ס״ק י״ג) |
| אין רבים נעשים אורחים | Many do not become guests with one | Seif ד: « לפי שהיחיד נעשה אורח אצל הרבים ורבים אינם נעשים אורחים אפי׳ אצל הרבים ולא היחיד אצל היחיד » (שו״ע או״ח ש״פ:ד) |
3. Structure of the siman — from the renunciation of one to that of many
Seif א — one who forgot to make the eruv: he forbids the others; he renounces his domain in their favour, by speech, without an act of acquisition, even after nightfall (seif א). If he lives with four or five, he must renounce in favour of each one, to you and to you; according to one view (וי״א), to all of you is enough (see the decision tree, Q1). Without specifying, he renounced only the courtyard: from their houses to the courtyard, they and he carry; from his house to the courtyard, neither they nor he (seif א) — nor bring in from the courtyard into his house: the Mishnah already writes this (Eruvin 69b), the Mechaber's seif does not mention it, and the Shulchan Aruch HaRav writes it explicitly (seif 2 of its numbering). According to one view (וי״א), he must lock his house (see the decision tree, Q2).
↓
Seif ב — he also renounced his house: he and they carry to the courtyard, from his house and from their houses — according to the Mishnah Berurah, after the residents have taken possession of his domain (ס״ק י״ב; see the decision tree, Q3); this, when he renounces in favour of many; for two only, see seif ד.
↓
Seif ג — renting instead of renouncing: two views, both introduced by some say: it is effective like a renunciation, or it is not effective (see the decision tree, Q4).
↓
Seif ד — many, two, and in whose favour one renounces: the residents who made the eruv renounce in favour of one who did not: he carries from his house to the courtyard, not from their houses (unless, according to the note in parentheses, they also expressly renounced their houses); they are forbidden even from his house to the courtyard, since many do not become guests with one (see section 5 and pitfall 4). Likewise for two only, and for many without an eruv who give their domain to many who made it (see section 5). Two who forgot may renounce, each in favour of all the residents; one does not renounce in favour of two who did not make the eruv, even on condition that he renounce in turn.
4. Decision tree — what does the renunciation permit?
Q1: Has the resident who did not make the eruv renounced in favour of each one? (seif א)
↓ He renounces his domain in their favour, by speech, without an act of acquisition, even after nightfall (seif א). If he lives with four or five, he must renounce in favour of each one, to you and to you; if he did not renounce in favour of all of them, it is forbidden even for the one in whose favour he renounced (Mishnah Berurah, ס״ק ד). According to one view (וי״א), to all of you is enough: the Mishnah Berurah reports that the Eliyah Rabbah concludes like this view, and continues: all this, when he stands facing all of them and says these words to them (ס״ק ה); the Shulchan Aruch HaRav sets to all of you as the wording, reports as a view that one must specify to you and to you, and writes that, for the halachah, in rabbinic matters (divrei soferim), one follows the lenient view; he adds that renouncing in favour of one of them is not enough, even if that one has already made the eruv with the others (seif 1 of its numbering).
Q2: Did he renounce without specifying what? (seif א)
↓ YES → without specifying, he renounced only the courtyard: from their houses to the courtyard, they and he carry; from his house to the courtyard, neither they nor he (seif א) — nor bring in from the courtyard into his house: the Mishnah already writes this (Eruvin 69b), the Mechaber's seif does not mention it, and the Shulchan Aruch HaRav writes it explicitly (seif 2 of its numbering). And according to one view (וי״א), he must lock his house, and opens it only to go out and come in (seif א); the Mishnah Berurah writes that this applies when he did not renounce his house (ס״ק י), and that in a case of pressing need one may rely on the lenient view, according to which locking the house is not required (ס״ק י״א); the Shulchan Aruch HaRav writes that one who is lenient has lost nothing, for he has someone to rely on (seif 2).
Q3: Did he also renounce his house? (seif ב)
↓ YES → if he also renounced his house, he and they carry to the courtyard, from his house and from their houses (seif ב) — according to the Mishnah Berurah, after the residents have taken possession of his domain by carrying from their houses to the courtyard; before that, if he carries from his house to the courtyard, he retracts his renunciation (ס״ק י״ב, which refers to siman 381); the Shulchan Aruch HaRav writes that he should take care not to carry from his house to the courtyard before they have carried from their houses to the courtyard, and not to bring in from the courtyard into his house before they have brought in from the courtyard into his own house (seif 3 of its numbering, which refers to siman 381, where it counts this bringing-in among the acts of taking possession, seif 1); all this, when he renounces in favour of many: between two only, one does not become a guest with one (Magen Avraham, ס״ק ד; Shulchan Aruch HaRav 381:4; see Q5).
Q4: Does he prefer to rent out his domain? (seif ג)
↓ Renting instead of renouncing: two views, both introduced by some say — it is effective like a renunciation, or it is not effective (seif ג); the Mishnah Berurah reports that the Eliyah Rabbah rules that renting is not effective at all for a Jew, and that the other Acharonim are lenient for weekdays, like the Magen Avraham, who inclines to forbid renting on Shabbos, since it is like buying and selling (ס״ק י״ג); the Shulchan Aruch HaRav follows the lenient view for the halachah: renting is effective (seif 4 of its numbering); in siman 382, it writes that for a Jew, renting for less than a perutah is neither renting nor renunciation (seif 7), and it permits renting from a non-Jew even on Shabbos, the payment being only a gift (seif 8; Level 4, point ד); for a Jew's renting on Shabbos itself, which it does not write explicitly, consult your Rav.
Q5: Are many renouncing, or only two? (seif ד)
↓ The rule depends, among other things, on who renounces and in whose favour: see section 5.
→ At the slightest doubt: consult your Rav.
5. Who becomes a guest with whom — seifim א, ב and ד
Several seifim of the siman turn on this question: who becomes a guest (אורח) with whom — in seif ב, according to the Mishnah Berurah's reading (ס״ק י״ב). summary: the table condenses these seifim; the full text and its translation are in Level 1.
| Seif | Who renounces, in whose favour | Does he become a guest? | What follows |
|---|---|---|---|
| א | One, renouncing without specifying what, in favour of the others | For what goes from their houses to the courtyard, yes; in his house, no, for he did not renounce it (Mishnah Berurah, ס״ק ט) | From their houses to the courtyard, they and he carry; from his house to the courtyard, neither they nor he |
| ב | One, who also renounces his house | Yes, a complete guest with them, who are many, since he has no domain left that he has not renounced (Mishnah Berurah, ס״ק י״ב); between two only, see row ד | He and they carry to the courtyard, from his house and from theirs — according to the Mishnah Berurah, after the residents have taken possession of his domain (ס״ק י״ב) |
| ד | The residents who made the eruv, in favour of one who did not | No: many do not become guests with one | He carries from his house to the courtyard, not from their houses (unless, according to the note in parentheses, they also expressly renounced their houses); they are forbidden even from his house to the courtyard — and, even if they also ceded their houses to him, from their houses and from his (Mishnah Berurah, ס״ק י״ז); even if the individual took possession first, according to the Magen Avraham (ס״ק ז), reported by the Mishnah Berurah (ס״ק י״ח), and according to the Shulchan Aruch HaRav (seif 5); on bringing in from the courtyard into a house, see pitfall 4 |
| ד | Two only, one in favour of the other | No: an individual does not become a guest with an individual — the Biur Halachah reports contrary views, and writes: « וע״כ נראה דבשעת הדחק יש לסמוך על זה » (ביאור הלכה ש״פ) | The one who renounces is forbidden even in what is his fellow's, and his fellow permitted in what is his own; the seif writes “even in what is his own”, but the Mishnah Berurah reports that the Acharonim do not read the word “אף”: since the one who renounces ceded only his courtyard, his fellow may not carry from the house of the one who renounces to the courtyard (ס״ק י״ט); the Magen Avraham (ס״ק ח) keeps the word אף and explains it of the case where the one who renounces also gave his house; when he gave only his courtyard, [the other] is forbidden, in his view too, in what belongs to the one who renounces; the Shulchan Aruch HaRav gives this case the status of many facing one (seif 6) |
| ד | Many without an eruv, in favour of many who made it | No: many do not become guests, even with many | The seif writes likewise (וכן); the Shulchan Aruch HaRav specifies: their status is that of many facing one (seif 6) |
What the Shulchan Aruch HaRav writes explicitly on these cases (its numbering, Level 4):
- Seif 2 (the Mechaber's seif א, the renunciation without specifying): the prohibition also covers bringing in from the courtyard into his house, for them and for him, and he gives the reason: « לְפִי שֶׁאֵין אוֹמְרִים שֶׁהוּא כְּאוֹרֵחַ אֶצְלָם אֶלָּא לְעִנְיַן תַּשְׁמִישׁ מִבָּתֵּיהֶם לֶחָצֵר, אֲבָל תַּשְׁמִישׁ שֶׁמִּבֵּיתוֹ אוֹ לְבֵיתוֹ — אֵין לוֹמַר שֶׁהוּא אוֹרֵחַ » (שו״ע הרב ש״פ:ב).
- Seif 3 (the Mechaber's seif ב): he gives the reason for the permission — he becomes a complete guest —, and sets a precaution: he should take care not to carry from his house to the courtyard before they have carried from their houses to the courtyard, and not to bring in from the courtyard into his house before they have brought in from the courtyard into his own house (see Shulchan Aruch HaRav 381:1, Level 4); the Mishnah Berurah, who writes after him, has the same reason and the same precaution, in the same words, without saying which house the second לביתו means (ס״ק י״ב; Level 1).
- Seif 5 (the Mechaber's seif ד, many in favour of one): even if the individual has already taken possession of the courtyard, this does not prevent the many from being able to retract [their renunciation] — as the Magen Avraham writes before him (Mishnah Berurah, ס״ק י״ח); and he permits them to bring in from the courtyard into his house — for a retraction [of their renunciation] is seen only when they bring into the domain they ceded, the courtyard —, not into their houses, even if they also ceded them to him. On bringing in from the courtyard into a house, the Mishnah Berurah reports that, according to the Magen Avraham, the prohibition applies only when they carry from a house to the courtyard, and then: « אבל בא״ר כתב בשם הרבה פוסקים שגם להכניס מחצר לבית אסור וכ״כ באבן עוזר » (משנה ברורה ש״פ ס״ק ט״ז).
- Seif 6 (the Mechaber's seif ד, two only): he gives this case the status of many facing one: even an individual becomes a guest only with many, and many are no fewer than two.
- Seif 7 (the end of the Mechaber's seif ד): before the case of the condition, he writes explicitly the case where one of them afterwards renounces in favour of his fellow — which the Mishnah Berurah reads in the “even” (ואפילו) of seif ד (ס״ק כ״ג): « וַאֲפִלּוּ אִם חָזַר הָאֶחָד וּבִטֵּל לַחֲבֵרוֹ — אֵינוֹ מוֹעִיל כְּלוּם » (שו״ע הרב ש״פ:ז).
6. Mnemonic לבשר
Four letters, one word — לבשר, to announce — for four reminders, given in the order of the seifim:
ל — לך ולך: if he lives with four or five, he must renounce in favour of each one (seif א); on to all of you, see pitfall 1.
ב — ביתו: his house — without specifying, he did not renounce it, and from his house to the courtyard neither they nor he carry (seif א); if he also renounced it, he and they carry to the courtyard, with the condition of pitfall 3 (seif ב).
ש — שכירות: renting instead of renouncing, two views (seif ג); see the decision tree, Q4.
ר — רבים: many do not become guests with one (seif ד); see section 5.
7. Pitfalls to avoid
Pitfall 1: Thinking that by renouncing in favour of one, he renounced in favour of all. Seif א: « צריך לבטל לכל א׳ וא׳ שיאמר רשותי מבוטלת לך ולך וי״א שדי שיאמר רשותי מבוטל׳ לכולכם » (שו״ע או״ח ש״פ:א); and the Mishnah Berurah: « ואם לא ביטל לכולם אף למי שביטל אסור » (משנה ברורה ש״פ ס״ק ד). On the wording to all of you, it writes: « ולדינא מסיק הא״ר דהעיקר כהי״א דמהני גם כשאמר לכולכם וכ״ז כשעומד נגד כולם ואמר להם לשון זה » (משנה ברורה ש״פ ס״ק ה). The Shulchan Aruch HaRav sets to all of you as the wording, reports as a view that one must specify to you and to you, and rules: « וּלְעִנְיַן הֲלָכָה, בְּדִבְרֵי סוֹפְרִים הַלֵךְ אַחַר הַמֵּקֵל » (שו״ע הרב ש״פ:א); he adds that renouncing in favour of one of them is not enough, even if that one has already made the eruv with the others (seif 1 of its numbering).
Pitfall 2: Thinking that a renunciation without specifying also covers the house. Seif א: « אם ביטל רשותו סתם לא ביטל אלא רשותו שיש לו בחצר » (שו״ע או״ח ש״פ:א); and, from his house: « אבל אסורין להוציא מביתו לחצר וגם הוא » (שו״ע או״ח ש״פ:א) — he too, for one cannot say that he is like a guest in his house, which he did not renounce (Mishnah Berurah, ס״ק ט). That the prohibition also covers bringing in from the courtyard into his house, the Mishnah already writes (Eruvin 69b); the Mechaber's seif does not mention it, and the Shulchan Aruch HaRav writes it explicitly (seif 2). On locking, see the decision tree, Q2.
Pitfall 3: Thinking that one who also renounced his house may carry from it as soon as he has renounced. Seif ב: « אם ביטל להם גם רשות ביתו מותרין בין הוא בין הם להוציא לחצר בין מביתו בין מבתיהם » (שו״ע או״ח ש״פ:ב); but the Mishnah Berurah writes: « היינו לאחר שהחזיקו אנשי החצר את רשותו שהוציאו מבתיהם להחצר » (משנה ברורה ש״פ ס״ק י״ב) — before that, if he carries from his house to the courtyard, he retracts his renunciation (ס״ק י״ב, which refers to siman 381); the Shulchan Aruch HaRav writes that he should take care not to carry from his house to the courtyard before they have carried from their houses to the courtyard, and not to bring in from the courtyard into his house before they have brought in from the courtyard into his own house (seif 3; in siman 381, seif 1, it counts this bringing-in among the acts of taking possession).
Pitfall 4: Thinking that the residents who renounced in favour of one become his guests. Seif ד: « והם אסורים אף מביתו לחצר ולא אמרינן שיהיו כאורחים שאין רבים נעשו אורחים אצל יחיד » (שו״ע או״ח ש״פ:ד). Even if they also ceded their houses to him, they are forbidden to carry to the courtyard, from their houses and from his (Mishnah Berurah, ס״ק י״ז); and, according to the Magen Avraham (ס״ק ז), reported by the Mishnah Berurah (ס״ק י״ח), even if the individual took possession first, as the Shulchan Aruch HaRav also writes (seif 5). On bringing [an object] in from the courtyard into a house, the Mishnah Berurah reports that, according to the Magen Avraham, the prohibition applies only when they carry from a house to the courtyard, and that the Eliyah Rabbah writes, in the name of many poskim, that bringing in from the courtyard into a house is also forbidden (ס״ק ט״ז); the Shulchan Aruch HaRav permits them to bring in from the courtyard into his house, not into their houses, even if they also ceded them to him (seif 5); consult your Rav.
Pitfall 5: Renouncing in favour of two who did not make the eruv, relying on a condition. Seif ד: « אבל אין מבטלין לשנים שלא עירבו בין אם מבטלים רבים ועירבו בין אם הוא יחיד שלא עירב שהרי אף לאחר שיבטלו להם הם שנים וא׳ אוסר על חבירו » (שו״ע או״ח ש״פ:ד); « ואפילו אמר לא׳ אני מבטל לך על מנת שתחזור ותבטל לחבירך אינו מועיל » (שו״ע או״ח ש״פ:ד). The case without a condition, the Mishnah Berurah reads in the seif's “even” (ואפילו) (ס״ק כ״ג), and the Shulchan Aruch HaRav writes it explicitly: « וַאֲפִלּוּ אִם חָזַר הָאֶחָד וּבִטֵּל לַחֲבֵרוֹ — אֵינוֹ מוֹעִיל כְּלוּם » (שו״ע הרב ש״פ:ז).
Pitfall 6: Mixing the two numberings. Levels 1 to 3 follow the Shulchan Aruch of the Mechaber, in 4 seifim; Level 4 follows the Shulchan Aruch HaRav, in 7 seifim: its seifim 1 and 2 correspond to seif א, its seif 3 to seif ב, its seif 4 to seif ג, its seifim 5, 6 and 7 to seif ד.
8. Practical cases
| Situation | Analysis | Conduct |
|---|---|---|
| A resident of the courtyard forgot to take part in the eruv | He forbids the others; he renounces his domain in their favour, by speech, without an act of acquisition, even after nightfall (seif א). If he lives with four or five, he must renounce in favour of each one; if he did not renounce in favour of all of them, it is forbidden even for the one in whose favour he renounced (Mishnah Berurah, ס״ק ד) | On the wording to all of you, which the view introduced by וי״א accepts: the Mishnah Berurah reports that the Eliyah Rabbah concludes like this view, and continues: all this, when he stands facing all of them and says these words to them (ס״ק ה); the Shulchan Aruch HaRav sets to all of you as the wording, reports as a view that one must specify to you and to you, and writes that, for the halachah, in rabbinic matters (divrei soferim), one follows the lenient view; he adds that renouncing in favour of one of them is not enough, even if that one has already made the eruv with the others (seif 1 of its numbering). Consult your Rav |
| He renounced without specifying what | Without specifying, he renounced only the courtyard: from their houses to the courtyard, they and he carry; from his house to the courtyard, neither they nor he (seif א) — nor bring in from the courtyard into his house: the Mishnah already writes this (Eruvin 69b), the Mechaber's seif does not mention it, and the Shulchan Aruch HaRav writes it explicitly (seif 2 of its numbering) | According to one view (וי״א), he must lock his house, and opens it only to go out and come in (seif א); the Mishnah Berurah writes that this applies when he did not renounce his house (ס״ק י), and that in a case of pressing need one may rely on the lenient view, according to which locking the house is not required (ס״ק י״א); the Shulchan Aruch HaRav writes that one who is lenient has lost nothing, for he has someone to rely on (seif 2). Consult your Rav |
| He also renounced his house | He and they carry to the courtyard, from his house and from their houses (seif ב) | According to the Mishnah Berurah, after the residents have taken possession of his domain by carrying from their houses to the courtyard; before that, if he carries from his house to the courtyard, he retracts his renunciation (ס״ק י״ב, which refers to siman 381); the Shulchan Aruch HaRav writes that he should take care not to carry from his house to the courtyard before they have carried from their houses to the courtyard, and not to bring in from the courtyard into his house before they have brought in from the courtyard into his own house (seif 3; in siman 381, seif 1, it counts this bringing-in among the acts of taking possession). This, when he renounces in favour of many (Magen Avraham, ס״ק ד; Shulchan Aruch HaRav 381:4); for two only, see seif ד. Consult your Rav |
| He prefers to rent out his domain rather than renounce it | Two views: « יש אומרים שמועיל כמו ביטול וי״א שאינו מועיל » (שו״ע או״ח ש״פ:ג) | The Shulchan Aruch HaRav follows the lenient view for the halachah: « וּלְעִנְיַן הֲלָכָה, בְּדִבְרֵי סוֹפְרִים הַלֵּךְ אַחַר הַמֵּקֵל » (שו״ע הרב ש״פ:ד); in siman 382, it writes that for a Jew, renting for less than a perutah is neither renting nor renunciation (seif 7), and it permits renting from a non-Jew even on Shabbos, the payment being only a gift (seif 8; Level 4, point ד); the Mishnah Berurah reports that the Eliyah Rabbah rules that renting is not effective at all for a Jew, and that the other Acharonim are lenient for weekdays, like the Magen Avraham, who inclines to forbid renting on Shabbos, since it is like buying and selling (ס״ק י״ג). For a Jew's renting on Shabbos itself, consult your Rav |
| The residents who made the eruv renounce in favour of one who did not | If the residents who made the eruv renounce in favour of one who did not, he carries from his house to the courtyard, not from their houses — unless, according to the note in parentheses, they also expressly renounced their houses; they are forbidden even from his house to the courtyard, since many do not become guests with one (seif ד); even if they also ceded their houses to him, they are forbidden to carry to the courtyard, from their houses and from his (Mishnah Berurah, ס״ק י״ז); and, according to the Magen Avraham (ס״ק ז), reported by the Mishnah Berurah (ס״ק י״ח), even if the individual took possession first, as the Shulchan Aruch HaRav also writes (seif 5 of its numbering) | On bringing [an object] in from the courtyard into a house, the Mishnah Berurah reports that, according to the Magen Avraham, the prohibition applies only when they carry from a house to the courtyard, and that the Eliyah Rabbah writes, in the name of many poskim, that bringing in from the courtyard into a house is also forbidden (ס״ק ט״ז); the Shulchan Aruch HaRav permits them to bring in from the courtyard into his house, not into their houses, even if they also ceded them to him (seif 5); consult your Rav |
| Only two residents, without an eruv | If there are only two and one renounces in favour of the other, the one who renounces is forbidden even in what is his fellow's, and his fellow permitted in what is his own (seif ד); the seif writes “even in what is his own”, but the Mishnah Berurah reports that the Acharonim do not read the word “אף”: since the one who renounces ceded only his courtyard, his fellow may not carry from the house of the one who renounces to the courtyard (ס״ק י״ט); the Magen Avraham (ס״ק ח) keeps the word אף and explains it of the case where the one who renounces also gave his house; when he gave only his courtyard, [the other] is forbidden, in his view too, in what belongs to the one who renounces; an individual does not become a guest with an individual (seif ד) — the Biur Halachah reports contrary views, and writes that it seems to it that in a case of pressing need one may rely on them; the Shulchan Aruch HaRav gives this case the status of many facing one: even an individual becomes a guest only with many, and many are no fewer than two (seif 6 of its numbering) | Consult your Rav |
| Two residents forgot to take part in the eruv | Two who forgot to make the eruv may renounce, each in favour of all the residents of the courtyard — in favour of many who made the eruv, provided that each renounces in favour of each one, or in favour of one who did not make it (seif ד) | One does not renounce in favour of two who did not make the eruv — whether those renouncing are many who made the eruv or one who did not —, for even after the renunciation they are two, and one forbids the other; even if he told one that he renounces in his favour on condition that he in turn renounce in favour of his fellow, it is not effective (seif ד); and the case where one of them afterwards renounces in favour of his fellow without a condition is of no use either: the Mishnah Berurah reads it in the seif's “even” (ואפילו) (ס״ק כ״ג), and the Shulchan Aruch HaRav writes it explicitly (seif 7 of its numbering). Consult your Rav |
9. Final synthesis table
| Element | Detail |
|---|---|
| Subject of the siman | The renunciation of domain (דיני ביטול רשות) |
| Place | In Sefaria's index, the section הלכות עירובין of the Shulchan Aruch begins at siman 345 |
| Number of seifim | 4 seifim (Mechaber) — 7 in the Shulchan Aruch HaRav, divided differently |
| Mishnah Berurah | 24 ס״ק on this siman |
| Glosses of the Rema | No gloss introduced by the word הגה; in seif ד, a note in parentheses, in small print, followed by its source (ב״י), whose author the text does not name |
| Cross-references | Among others: to siman 381, for taking possession (Mishnah Berurah, ס״ק י״ב; Shulchan Aruch HaRav, seif 3); to the end of siman 370, for the guest (Mishnah Berurah, ס״ק ז) |
| Gemara sources and Rishonim | The Mishnah and the Gemara of Eruvin 69b in Level 1; the rest in Level 2 |
| Golden rule | One who did not make the eruv may withdraw from his domain (seif א; Mishnah Berurah, ס״ק ג; Shulchan Aruch HaRav, seif 1). The siman answers, among other things, according to the wording (seif א), according to what the renunciation covers (seifim א and ב), on renting (seif ג), and according to who becomes a guest with whom (seifim א and ד; seif ב according to the Mishnah Berurah) |
| Practical ruling | For each case, the rule of its seif; the Mishnah Berurah and the Biur Halachah add reservations, seif by seif (Level 1), and the Shulchan Aruch HaRav its own conclusions, among others on the wording and on renting, and on locking, where it writes that one who is lenient has lost nothing (Level 4); consult your Rav |
10. The practical commandments of Siman ש״פ
For daily conduct
- One who forgot to make the eruv forbids the others; he renounces his domain in their favour, by speech, without an act of acquisition, even after nightfall (seif א) — and the renunciation is effective even for one who deliberately did not make the eruv (Mishnah Berurah, ס״ק א).
- With four or five, he must renounce in favour of each one, to you and to you; if he did not renounce in favour of all of them, it is forbidden even for the one in whose favour he renounced (Mishnah Berurah, ס״ק ד). According to one view (וי״א), to all of you is enough (seif א): the Mishnah Berurah reports that the Eliyah Rabbah concludes like this view, and continues: all this, when he stands facing all of them and says these words to them (ס״ק ה); the Shulchan Aruch HaRav sets to all of you as the wording, reports as a view that one must specify to you and to you, and writes that, for the halachah, in rabbinic matters (divrei soferim), one follows the lenient view; he adds that renouncing in favour of one of them is not enough, even if that one has already made the eruv with the others (seif 1 of its numbering). Consult your Rav.
- Without specifying, he renounced only the courtyard: from their houses to the courtyard, they and he carry; from his house to the courtyard, neither they nor he (seif א) — nor bring in from the courtyard into his house: the Mishnah already writes this (Eruvin 69b), the Mechaber's seif does not mention it, and the Shulchan Aruch HaRav writes it explicitly (seif 2 of its numbering). And according to one view (וי״א), he must lock his house, and opens it only to go out and come in (seif א); the Mishnah Berurah writes that this applies when he did not renounce his house (ס״ק י), and that in a case of pressing need one may rely on the lenient view, according to which locking the house is not required (ס״ק י״א); the Shulchan Aruch HaRav writes that one who is lenient has lost nothing, for he has someone to rely on (seif 2).
- If he also renounced his house, he and they carry to the courtyard, from his house and from their houses (seif ב) — according to the Mishnah Berurah, after the residents have taken possession of his domain by carrying from their houses to the courtyard; before that, if he carries from his house to the courtyard, he retracts his renunciation (ס״ק י״ב, which refers to siman 381); the Shulchan Aruch HaRav writes that he should take care not to carry from his house to the courtyard before they have carried from their houses to the courtyard, and not to bring in from the courtyard into his house before they have brought in from the courtyard into his own house (seif 3 of its numbering, which refers to siman 381, where it counts this bringing-in among the acts of taking possession, seif 1); all this, when he renounces in favour of many; for two only, see below (Magen Avraham, ס״ק ד; Shulchan Aruch HaRav 381:4).
- Renting: renting instead of renouncing: two views, both introduced by some say — it is effective like a renunciation, or it is not effective (seif ג); the Mishnah Berurah reports that the Eliyah Rabbah rules that renting is not effective at all for a Jew, and that the other Acharonim are lenient for weekdays, like the Magen Avraham, who inclines to forbid renting on Shabbos, since it is like buying and selling (ס״ק י״ג); the Shulchan Aruch HaRav follows the lenient view for the halachah: renting is effective (seif 4 of its numbering); in siman 382, it writes that for a Jew, renting for less than a perutah is neither renting nor renunciation (seif 7), and it permits renting from a non-Jew even on Shabbos, the payment being only a gift (seif 8; Level 4, point ד); for a Jew's renting on Shabbos itself, which it does not write explicitly, consult your Rav.
- Many in favour of one: if the residents who made the eruv renounce in favour of one who did not, he carries from his house to the courtyard, not from their houses — unless, according to the note in parentheses, they also expressly renounced their houses; they are forbidden even from his house to the courtyard, since many do not become guests with one (seif ד); even if they also ceded their houses to him, they are forbidden to carry to the courtyard, from their houses and from his (Mishnah Berurah, ס״ק י״ז); and, according to the Magen Avraham (ס״ק ז), reported by the Mishnah Berurah (ס״ק י״ח), even if the individual took possession first, as the Shulchan Aruch HaRav also writes (seif 5 of its numbering). And on bringing [an object] in from the courtyard into a house, the Mishnah Berurah reports that, according to the Magen Avraham, the prohibition applies only when they carry from a house to the courtyard, and that the Eliyah Rabbah writes, in the name of many poskim, that bringing in from the courtyard into a house is also forbidden (ס״ק ט״ז); the Shulchan Aruch HaRav permits them to bring in from the courtyard into his house, not into their houses, even if they also ceded them to him (seif 5); consult your Rav.
- Two only: if there are only two and one renounces in favour of the other, the one who renounces is forbidden even in what is his fellow's, and his fellow permitted in what is his own (seif ד); the seif writes “even in what is his own”, but the Mishnah Berurah reports that the Acharonim do not read the word “אף”: since the one who renounces ceded only his courtyard, his fellow may not carry from the house of the one who renounces to the courtyard (ס״ק י״ט); the Magen Avraham (ס״ק ח) keeps the word אף and explains it of the case where the one who renounces also gave his house; when he gave only his courtyard, [the other] is forbidden, in his view too, in what belongs to the one who renounces; an individual does not become a guest with an individual (seif ד) — the Biur Halachah reports contrary views, and writes that it seems to it that in a case of pressing need one may rely on them; the Shulchan Aruch HaRav gives this case the status of many facing one: even an individual becomes a guest only with many, and many are no fewer than two (seif 6 of its numbering). And likewise for many who did not make the eruv and give their domain to many who did: many do not become guests, even with many (seif ד; Shulchan Aruch HaRav, seif 6).
- In whose favour to renounce: two who forgot to make the eruv may renounce, each in favour of all the residents of the courtyard — in favour of many who made the eruv, provided that each renounces in favour of each one, or in favour of one who did not make it (seif ד); but one does not renounce in favour of two who did not make the eruv — whether those renouncing are many who made the eruv or one who did not —, for even after the renunciation they are two, and one forbids the other; even if he told one that he renounces in his favour on condition that he in turn renounce in favour of his fellow, it is not effective (seif ד); and the case where one of them afterwards renounces in favour of his fellow without a condition is of no use either: the Mishnah Berurah reads it in the seif's “even” (ואפילו) (ס״ק כ״ג), and the Shulchan Aruch HaRav writes it explicitly (seif 7 of its numbering).
- In case of doubt — consult your Rav. In-depth pilpul — Level 2; Chabad shitah — Level 4.
📚 Recap of the study path
You have studied Siman ש״פ in 3 levels:
You have studied Siman ש״פ in 3 levels:
- 🌱 Level 1 — Foundations: the text of the Mechaber seif by seif, with the note in parentheses 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