DAAT · LEVEL 3 — MAGISTERIAL SYNTHESIS
Siman שפ״ב
סימן שפ״ב · אם דירת עכו״ם מעכב׳ בעירובו
Recap & mnemonics for review
📑 Synthesis plan
- The central axiom of the siman
- The key concepts, condensed
- The course of the siman — from the non-Jew's dwelling to the eruv through windows
- Decision tree — must one rent his domain, and from whom?
- The cases where the views diverge — a single table
- 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 (20 seifim). The Shulchan Aruch HaRav, studied in Level 4, has 23 in the text Sefaria serves, under its own numbering: when it is cited, its name is given next to the number.
1. The central axiom
Siman שפ״ב in one sentence.
The non-Jew who lives in the courtyard forbids the Jews to carry only when two Jews live in two houses and forbid each other: « הדר עם העכו״ם בחצר אינו אוסר עליו עד שיהיו שני ישראלים דרים בשני בתים ואוסרים זה על זה אז העכו״ם אוסר עליהם » (שו״ע או״ח שפ״ב:א); and then his renunciation does not help, his domain must be rented from him: « ואינו מועיל שיבטל העכו״ם רשותו אלא צריך שישכירו ממנו » (שו״ע או״ח שפ״ב:א). The reason, according to the Mishnah Berurah (ס״ק א): by strict law his dwelling is not a dwelling; the Sages decreed that it forbid, so that one not live with him and learn from his deeds, and only in the common case, where several Jews live. The Shulchan Aruch HaRav opens the siman with « דִּירַת נָכְרִי כְּדִירַת בְּהֵמָה » (שו״ע הרב שפ״ב:א) and gives the same concern, that one might learn from his deeds (seif 1). The rest of the siman says how the rental is made, how long it holds and from whom it is taken, and then which arrangements of courtyards and houses make him forbid.
The non-Jew who lives in the courtyard forbids the Jews to carry only when two Jews live in two houses and forbid each other: « הדר עם העכו״ם בחצר אינו אוסר עליו עד שיהיו שני ישראלים דרים בשני בתים ואוסרים זה על זה אז העכו״ם אוסר עליהם » (שו״ע או״ח שפ״ב:א); and then his renunciation does not help, his domain must be rented from him: « ואינו מועיל שיבטל העכו״ם רשותו אלא צריך שישכירו ממנו » (שו״ע או״ח שפ״ב:א). The reason, according to the Mishnah Berurah (ס״ק א): by strict law his dwelling is not a dwelling; the Sages decreed that it forbid, so that one not live with him and learn from his deeds, and only in the common case, where several Jews live. The Shulchan Aruch HaRav opens the siman with « דִּירַת נָכְרִי כְּדִירַת בְּהֵמָה » (שו״ע הרב שפ״ב:א) and gives the same concern, that one might learn from his deeds (seif 1). The rest of the siman says how the rental is made, how long it holds and from whom it is taken, and then which arrangements of courtyards and houses make him forbid.
2. The condensed key concepts
| Concept | Definition | In the seif |
|---|---|---|
| דירת עכו״ם | The non-Jew's dwelling: according to the Mishnah Berurah, by strict law it is not a dwelling, but the Sages decreed that it forbid (ס״ק א) | Seif א: it forbids when two Jews live in two houses and forbid each other |
| שכירות רשות | Renting the non-Jew's domain: his renunciation does not help, his domain must be rented from him | Seif א; its forms in seifim ד to יד and יח |
| דריסת רגל | The non-Jew's right of passage over the Jews | Seif ג: without it, he does not forbid; two courtyards one inside the other, seif יז |
| שכירות סתם | An unspecified rental: a weak rental suffices, writes the Mishnah Berurah (ס״ק כ) | Seif ד: without saying it is for carrying, and without writing |
| שכירו ולקיטו | His hired and seasonal worker: according to the Mishnah Berurah, the hired worker is engaged for the year, the seasonal worker for the harvest (ס״ק ל״ג) | Seifim יא, יב, יד and טז |
| תפיסה | A hold in a house: in seif יח, the right to put utensils there | The Rema's gloss on seif א (it does not exempt from renting); seif יח and the Rema's gloss on it |
3. The course of the siman — from the non-Jew's dwelling to the eruv through windows
Seifim א and ב — when he forbids: two Jews in two houses who forbid each other; his renunciation does not help, one must rent (seif א, with three cases in the Rema's gloss); renouncing in favor of one of the Jews, so that he be alone with him, does not help (seif ב).
↓
Seif ג — without a right of passage: he does not forbid; two courtyards open to each other, the non-Jew in one, two Jews or more in the other: one carries through the window between them, without renting; when both courtyards open onto one alley where the Jews forbid one another (two courtyards of Jews), the commentators diverge (section 5).
↓
Seifim ד to ט — the rental: unspecified and without writing (ד); even for less than a perutah, and, in small print, on Shabbos (ה); as long as the non-Jew does not retract (ו; section 5); for a fixed period, when it ends one rents again and makes the eruv again (ז); if he rents his dwelling to another within the period, the first rental suffices (ח); one rents on behalf of all (ט).
↓
Seifim י to יד — from whom: not against his will (י); from his wife, his hired or seasonal worker, even if he protests (יא; on renting despite the householder's protest, the commentators diverge: section 5); if he refuses, two views (יב; section 5); an assigned place does not help (יג); the dismissed hired worker, and, in the Rema's gloss, the king's treasurer (יד).
↓
Seifim טו and טז — one house: a Jew and a non-Jew in one house (טו, with the Rema's gloss; section 5); Jewish hired workers living in the non-Jew's house (טז).
↓
Seifim יז and יח — the courtyards and the non-Jew who rented out: two courtyards, one inside the other (יז; section 5); a non-Jew who rented his house to another non-Jew (יח, with the Rema's gloss).
↓
Seifim יט and כ — windows and doorway: the house of another Jew, adjoining, not opening onto the courtyard where a Jew and a non-Jew live: an eruv through the window to take one's utensils out through the neighbor's house (יט; section 5); in a courtyard where Jews and a non-Jew live, an eruv made through the windows does not permit carrying through the doorways, because of the non-Jew, until there is a rental (כ); the ship, in the Rema's gloss.
4. Decision tree — must one rent his domain, and from whom?
Q1: Do two Jews live in two houses and forbid each other? (seif א)
↓ No → the non-Jew does not forbid them (seif א); but, according to the Rama's gloss on seif א, a hold (tefisah) in a house lent or rented to another Jew does not exempt from renting. Yes → Q2. For one house, see seif טו; for two courtyards one inside the other, seif יז and section 5.
Q2: Does the non-Jew have a right of passage over them? (seif ג)
↓ No → he does not forbid (seif ג); two courtyards on one alley where the Jews forbid one another (two courtyards of Jews): section 5. Yes → his domain must be rented, except for the Jew who rented or lent him his house: he does not forbid him (the Rama's gloss on seif א); his renunciation does not help (seif א), nor does the Jews' renunciation in favor of one of them (seif ב).
Q3: How does one rent, and for how long? (seifim ד to ט)
↓ An unspecified rental suffices (seif ד), even for less than a perutah (seif ה); it works as long as the non-Jew does not retract (seif ו; section 5); for a fixed period, when it ends, rent again and make the eruv again (seif ז); if he rents his dwelling to another within the period, the first rental suffices (seif ח; for his death or a sale, section 5); one rents on behalf of all (seif ט).
Q4: Does the non-Jew refuse to rent it out? (seifim י to יג)
↓ Yes → not against his will (seif י); from his wife, his hired or seasonal worker, even if he protests (seif יא; on renting despite the householder's protest, the commentators diverge: section 5); or through being lent the right to put something there, according to the two views of seif יב (section 5); a place assigned in the house he lends does not help (seif יג).
→ At the slightest doubt: consult your Rav.
5. The cases where the views diverge — a single table
This table is the only place on this page where these cases are set out; elsewhere, the page refers here. It reports only what Levels 1 and 4 carry; the commentators' views are set out in Level 2, and the differences between the Rav's text and the Mechaber's in section 2 of Level 4. This page does not decide: consult your Rav.
| Seif of the Mechaber | What the seif writes | The Shulchan Aruch HaRav (Level 4) | Where to read the commentators |
|---|---|---|---|
| ג — two courtyards side by side | Without a right of passage, he does not forbid: one carries from courtyard to courtyard through the window between them, without renting | Seif 5: both courtyards open onto an alley; through the doorways and windows between them, without renting, unless they wish to partner in the alley | The commentators diverge when both courtyards open onto one alley where the Jews forbid one another (two courtyards of Jews): Level 2, section 1; Level 4, section 2, point א |
| ו — the non-Jew going back | « כל זמן שאין העכו״ם חוזר בו מועיל השכירו׳ ואפילו לזמן מרובה (ואינו יכול לחזור משכירתו עד שיחזור הדמים) » (שו״ע או״ח שפ״ב:ו); the parenthesis is in small print | Seif 9: for a rental with no fixed period, before the first Shabbos he can go back on the rental only by returning the money; if the residents took possession of the courtyard before he went back, after Shabbos began, he can no longer go back for this Shabbos, even by returning the money; for another Shabbos, he can go back even without returning the money; from a rental for a period, he can go back within the period only by returning the money in proportion to the time remaining | The commentators diverge on these questions; the Mishnah Berurah records a disagreement on the parenthesis (ס״ק כ״ה): Level 2, section 3; Level 4, section 2, point ג |
| ח — the period, and what befalls the non-Jew | If he rents his dwelling to another within the period, the first rental suffices; the seif does not speak of his death or of a sale | Seif 11: the same rule, then « אֲבָל אִם מֵת, אוֹ שֶׁמְּכָרָהּ לְאַחֵר בְּתוֹךְ הַזְּמַן — צָרִיךְ לַחֲזוֹר וְלִשְׂכּוֹר מֵהַיּוֹרֵשׁ אוֹ מֵהַלּוֹקֵחַ » (שו״ע הרב שפ״ב:יא) | The commentators diverge on death and on sale: Level 2, section 3; Level 4, section 2, point ד |
| יא — his wife, his hired worker | From his wife, his hired or seasonal worker, one rents even if he protests | Seif 14: from his wife or the members of his household, and even from his hired or seasonal worker (who are in his house), even if he protests; and even from the hired worker of his hired worker, even if the hired worker and the householder protest | The commentators diverge on renting despite the householder's protest (notably the Mishnah Berurah, ס״ק ל״ד, in the name of the Vilna Gaon): Level 2, section 4 |
| יב — if he refuses to rent | A resident of the courtyard has him lend the right to put something there, and rents it out without his knowledge; then « ויש אומרים שאינו צריך להשכיר אלא נותן עירובו ודיו » (שו״ע או״ח שפ״ב:יב) | Seif 15: the two views, then « וּלְכַתְּחִלָּה יֵשׁ לָחוּשׁ לִסְבָרָא הָרִאשׁוֹנָה » (שו״ע הרב שפ״ב:טו) | Level 2, section 5; Level 4, section 2, point ה |
| טו — one house | A Jew and a non-Jew in one house: rent from the non-Jew and make the eruv with the Jew. The Rema's gloss: if each has a dwelling of his own; and two (non-Jews) thus: rent (from both) | Seif 16: a Jew and a non-Jew in one house, each in his own room: rent from the non-Jew and make the eruv with the Jew; two non-Jews thus: from both | The Mishnah Berurah records a disagreement on the Rema's gloss (ס״ק נ״א): Level 2, section 6 |
| יז — two courtyards, one inside the other | He forbids in the cases of the seif; then « ויש מי שאומר שאפי׳ עכו״ם בפנימי׳ וישראל א׳ בחיצונה אוסר » (שו״ע או״ח שפ״ב:יז) | Seif 20: the cases of the seif; in the first, the Jew of the inner courtyard is permitted in his courtyard, and the non-Jew forbids the outer one; he does not record there the view that the Mechaber's seif יז records last | Level 2, section 7; Level 4, section 2, point ו |
| יט — windows or doorway | Through the window, he cannot make an eruv with him; then « אבל אם פתח פתוח ביניהם מותר ויש מי שאומר דאף אם פתח פתוח ביניהם אסור » (שו״ע או״ח שפ״ב:יט) | Seif 21: the permission with a true doorway, without the view that forbids even then | Level 2, section 8; Level 4, section 2, point ז |
6. Mnemonic — one word per seif
Twenty seifim, twenty words or phrases taken from their text, in order:
א — שישכירו ממנו: two Jews in two houses; his renunciation does not help, one must rent.
ב — כיחידי: renouncing in favor of one, so that he be alone with him, does not help.
ג — דריסת רגל על הישראלים: without a right of passage, he does not forbid.
ד — סתם: an unspecified rental works.
ה — משוה פרוטה: even for less than a perutah.
ו — חוזר בו: it works as long as he does not retract (section 5).
ז — חוזר וניעור: when the period ends, the first eruv does not revive.
ח — דירתו לאחר: his dwelling rented to another within the period; the first rental suffices.
ט — בשביל כולם: one rents on behalf of all.
י — בעל כרחו: not against his will.
יא — מאשתו: from his wife, his hired or seasonal worker, even if he protests (on renting despite the householder's protest, the commentators diverge: section 5).
יב — יתקרב: if he refuses, two views (section 5).
יג — ייחד: an assigned place does not help.
יד — עד תום הזמן: from the dismissed hired worker, a rental for a period holds until its end.
טו — ולערב עם הישראל: in one house, rent from the non-Jew and make the eruv with the Jew.
טז — שכירים או לקיטים: the non-Jew's Jewish hired workers do not forbid one another.
יז — זו לפנים מזו: two courtyards, one inside the other (section 5).
יח — שהשכיר ביתו: a non-Jew who rented his house to another non-Jew.
יט — דרך החלון שביניהם: the adjoining house not opening onto the courtyard — no eruv through the window; with a doorway, it is permitted (section 5).
כ — דרך פתחים: an eruv made through the windows does not permit carrying through the doorways, because of the non-Jew, until there is a rental.
7. Pitfalls to avoid
Pitfall 1: Thinking that the non-Jew forbids as soon as a Jew lives in the courtyard with him. Seif א: « הדר עם העכו״ם בחצר אינו אוסר עליו עד שיהיו שני ישראלים דרים בשני בתים ואוסרים זה על זה אז העכו״ם אוסר עליהם » (שו״ע או״ח שפ״ב:א). For two courtyards one inside the other, see seif יז and section 5.
Pitfall 2: Thinking that renunciation is enough. The non-Jew's does not help: « ואינו מועיל שיבטל העכו״ם רשותו אלא צריך שישכירו ממנו » (שו״ע או״ח שפ״ב:א); nor does the Jews' renunciation in favor of one of them: « אם בטלו הישראלים רשותם לאחד מהם כדי שיחשב כיחידי אצל העכו״ם אינו מועיל » (שו״ע או״ח שפ״ב:ב).
Pitfall 3: Thinking that, since one may rent on Shabbos, everything is done then as on a weekday. The small-print passage of seif ה permits renting on Shabbos; according to the Mishnah Berurah, one gives him food or an object that may be moved, and money may not be moved; referring to siman 383, it writes that the eruv is then void, and that the residents must renounce their domain in favor of one of them (ס״ק כ״ב). The Shulchan Aruch HaRav, which also permits renting on Shabbos, writes: « אֲבָל לִקְנוֹת רְשׁוּת בְּשַׁבָּת — אָסוּר, אַף שֶׁאֵינוֹ קוֹנֶה אֶלָּא לְהַתִּיר טִלְטוּל, וַאֲפִלּוּ בְּמַתְּנַת חִנָּם » (שו״ע הרב שפ״ב:ח).
Pitfall 4: Thinking that at the end of a rental for a fixed period it is enough to rent again. Seif ז also requires making the eruv again: « אם שכרו מהעכו״ם לזמן ידוע לכשיכלה הזמן צריך לחזור ולשכור שנית וצריך לחזור ולערב דאין עירוב ראשון חוזר וניעור » (שו״ע או״ח שפ״ב:ז).
Pitfall 5: Thinking that one may rent against his will. Seif י: « אם שכרו ממנו בעל כרחו אינו מועיל אף ע״פ שהיה רגיל להשכיר מקודם » (שו״ע או״ח שפ״ב:י). But from his wife, his hired or seasonal worker, one rents even if he protests (seif יא; on renting despite the householder's protest, the commentators diverge: section 5).
Pitfall 6: Thinking that an eruv made through the windows permits carrying through the doorways. Seif כ: « אף ע״פ שהם מותרים להוציא מבית לבית דרך חלונות הרי הם אסורים להוציא מבית לבית דרך פתחים מפני העכו״ם עד שישכיר » (שו״ע או״ח שפ״ב:כ).
Pitfall 7: Mixing the two numberings. Levels 1 to 3 follow the Shulchan Aruch of the Mechaber (20 seifim); Level 4 follows the Shulchan Aruch HaRav (23 seifim in the text Sefaria serves). The Rav presents the Mechaber's seif טו before seif יד, and seif יח before seif יז (Level 4, introduction).
8. Practical cases
| Situation | Analysis | Conduct |
|---|---|---|
| A single Jew shares a courtyard with a non-Jewish neighbor | The non-Jew does not forbid him until two Jews live in two houses and forbid each other (seif א) | Consult your Rav |
| The rental was not made before Shabbos | In small print in seif ה: it is permitted to rent on Shabbos; according to the Mishnah Berurah, one gives him food or an object that may be moved, not money; the eruv is then void, and the residents must renounce their domain in favor of one of them (ס״ק כ״ב, which refers to siman 383). The Shulchan Aruch HaRav: one rents on Shabbos, but one does not acquire a domain on Shabbos (seif 8) | Consult your Rav |
| The rental was for a fixed period, and the period ends | One must rent again and make the eruv again, for the first eruv does not revive (seif ז) | Rent again and make the eruv again; consult your Rav |
| The non-Jewish neighbor refuses to rent out his domain | Not against his will (seif י); from his wife, his hired or seasonal worker, even if he protests (seif יא); being lent the right to put something there, according to the two views of seif יב | For renting despite the householder's protest and for seif יב, section 5; consult your Rav |
9. Final synthesis table
| Element | Detail |
|---|---|
| Subject of the siman | Whether a non-Jew's dwelling prevents the eruv (אם דירת עכו״ם מעכב׳ בעירובו), and renting his domain |
| Place | In Sefaria's index, the section הלכות עירובין of the Shulchan Aruch begins at siman 345. Siman שפ״ב follows siman 381, on one who renounced his domain, and precedes siman 383 |
| Number of seifim | 20 seifim (Mechaber) — 23 in the Shulchan Aruch HaRav, in the text Sefaria serves |
| Mishnah Berurah | 77 ס״ק on this siman |
| Glosses of the Rema | Introduced by הגה in seifim א, יד, טו, יח and כ; in seifim ה, ו, יא and טז, passages in small print without that word (Level 1, section 6) |
| Views recorded by the Mechaber | A second view in seifim יב, יז and יט (section 5) |
| Kuntres Acharon | Sefaria gives no Kuntres Acharon entry for this siman (Level 4) |
| Talmudic sources and Rishonim | See Level 2 |
| Golden rule | The non-Jew forbids only if two Jews live in two houses and forbid each other, and his renunciation does not help: his domain must be rented (seif א) |
| Practical ruling | For each case, the rule of its seif; for the cases where the views diverge, section 5; consult your Rav |
10. The practical commandments of Siman שפ״ב
For daily conduct
- When he forbids: the non-Jew who lives in the courtyard forbids only if two Jews live in two houses and forbid each other; his renunciation does not help, his domain must be rented (seif א). The Rema's gloss: a Jew who rented or lent his house to a non-Jew — the non-Jew does not forbid him; a house belonging to the non-Jew which a Jew rented from him, the non-Jew living in it with him — that rental does not count as the rental for the eruv; a hold in a house lent or rented to one's fellow does not exempt from renting from the non-Jew. Renouncing in favor of one of the Jews, so that he be alone with him, does not help (seif ב).
- Without a right of passage over the Jews, he does not forbid: two courtyards open to each other, the non-Jew in one, two Jews or more in the other — one carries from courtyard to courtyard through the window between them, without renting (seif ג; according to the Mishnah Berurah, ס״ק ט״ז, this concerns objects that spent Shabbos in the houses, and the Jews made an eruv among themselves). The Shulchan Aruch HaRav excepts the case where they wish to partner in the alley (seif 5; Level 4, point א). When both courtyards open onto one alley where the Jews forbid one another (two courtyards of Jews), the commentators diverge (section 5).
- The rental: unspecified and without writing (seif ד); even for less than a perutah, and, in small print, it is permitted to rent on Shabbos (seif ה; pitfall 3); one rents on behalf of all the residents (seif ט).
- Its duration: it works as long as the non-Jew does not retract (seif ו; section 5); for a fixed period, when it ends, rent again and make the eruv again (seif ז); if he rents his dwelling to another within the period, the first rental suffices (seif ח; for his death or a sale, section 5).
- From whom: not against his will (seif י); from his wife, his hired or seasonal worker, even if he protests (seif יא; section 5); if he refuses, the two views of seif יב (section 5); a place assigned in the house he lends does not help (seif יג); from his hired worker, a rental for a period holds until its end even if he is dismissed, an unspecified rental is void once he is, and likewise, in the Rema's gloss, for the king's treasurer removed entirely; removed only from the treasury, if he still eats the king's allowance, he is still his hired worker (seif יד).
- One house: a Jew and a non-Jew — rent from the non-Jew and make the eruv with the Jew, and the Rema's gloss (seif טו; section 5); Jewish hired or seasonal workers living in the non-Jew's house do not forbid one another (seif טז).
- Two courtyards, one inside the other: he forbids in the cases of the seif, and one view goes further (seif יז; section 5).
- The non-Jew who rented his house to another non-Jew: one rents from him if he keeps a hold in the house, or if he can remove the lessee within his term; otherwise, from the lessee (seif יח). The Rema's gloss: a person who has a hold in the house — one may rent from him (the Mishnah Berurah reads איש אחר, ס״ק ס״ג).
- Windows and doorway: the house of another Jew, adjoining, not opening onto the courtyard where a Jew and a non-Jew live, and connected by windows — no eruv through the window to take one's utensils out through the neighbor's house; with a doorway open between them, it is permitted, and one view forbids even then (seif יט; section 5). In a courtyard where Jews and a non-Jew live, an eruv made through the windows permits carrying through the windows, not through the doorways, because of the non-Jew, until there is a rental (seif כ). The Rema's gloss: the ship on which Jews have separate quarters — make an eruv and rent from the non-Jew who owns the ship, or include it in the fare; the Shulchan Aruch HaRav adds a condition and requires that it be included explicitly (seif 23; Level 4, point ח).
- 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 שפ״ב in 3 levels:
You have studied Siman שפ״ב in 3 levels:
- 🌱 Level 1 — Foundations: the text of the Mechaber seif by seif, with the Rema's glosses, 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