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Mishneh Torah, Sabbath 15

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Sefer Zemanim

15 ‎[1] A person standing in a public domain may move [articles] throughout a private domain. Similarly, a person standing in a private domain may move [articles] within a public domain, provided he does not transfer them beyond four cubits. If he transfers an article [beyond that distance], he is not liable, because he is located in a different domain.

Similarly, a person standing in a private domain may open [a door with a key] in a public domain. [One standing] in a public domain may open [a door with a key] in a private domain.

One may force feed an animal whose head is inside [a stall, although] the major portion of its body is outside. One may not, [however, force feed a] camel unless its head and the major portion of its body is within [the stall], since its neck is long. ‎[2] A person should not stand in a private domain and [extend his head into] the public domain to drink, nor [should he stand] in a public domain and [extend his head into] a private domain to drink, unless he brings his head and the majority of his body into the domain in which he is drinking.

When do the above [restrictions] apply? When he is drinking with attractive vessels that he needs. [In this instance, our Sages instituted a] decree, lest he transfer [the drinking vessels]. If, however, [the person uses] vessels that are not attractive and which he does not require, all that is necessary is that he bring in his head; it is not necessary that he bring in the majority of his body. If a cistern of water is located in a *carmelit*, [the above leniency applies] even when [the person] uses vessels that are attractive. ‎[3] A person may stand in a public domain, [extend his hand,] collect water that is flowing from a drainpipe or a wall [while the water is] in the air, and drink, provided he does not touch the drainpipe or the wall and collect the water from them.

[The following rules apply] should he [in fact] touch [the drainpipe or the wall]: If the place he touches is more than ten [handbreadths] high and within three handbreadths of the roof, the act is forbidden. It is as if he removed [the water] from the roof, which is a private domain.

Similarly, if the drainpipe was four [handbreadths] by four [handbreadths] and one collected water from it, this is forbidden regardless of whether the pipe is within ten handbreadths of the ground or above ten handbreadths. Why is the person not held liable? Because the water is not at rest, but rather continuing to flow. ‎[4] [The following rules apply when] a projection extends [from the wall of a building] near a window: If the projection is above ten handbreadths high, its use is permitted, for the public domain extends only ten handbreadths [above the ground]. Therefore, it is permissible to use the entire wall, with the exception of the bottom ten handbreadths. ‎[5] When does the above apply? When there is [only] one projection extending into the space. When, however, there are two projections extending from the wall, one below the other, even though they are both more than ten handbreadths high, [different rules apply]: If the upper projection near the window is four [handbreadths] by four [handbreadths] in area, its use is forbidden, for it is a domain in its own right, and the projection below it is a separate domain. Accordingly, they each cause the other to be forbidden, for [the people in] two domains cannot [jointly] use the space of one domain. ‎[6] If both the upper projection and the lower projection are not four [handbreadths by four handbreadths], both of them may be used. Similarly, [in such a situation,] one may use the entire wall with the exception of the bottom ten handbreadths.

If the lower projection was four [handbreadths by four handbreadths], but the upper projection was not four [handbreadths by four handbreadths], [an individual dwelling in the upper storey] may use only that portion of the upper [projection] that is directly opposite his window. It is forbidden to use the remainder of the projection that extends on either side of the window, because of the lower projection, which is considered to be a separate domain. ‎[7] Whenever there is a projection that extends over the public domain and may be used, one may place upon it and remove from it only utensils of earthenware, glass, or the like, for if they fall into the public domain they will break. Other utensils and food are prohibited [to be placed there], lest they fall into the public domain, and [one descend and] bring them [into the home]. ‎[8] [The following rules apply when] there are two houses on opposite sides of the public domain: If a person throws an article from one to the other and the article is ten [handbreadths] above the ground, he is not liable, provided both houses belong to him or there is an *eruv* between them. One may throw even garments and metal utensils.

Two Houses of Different Heights on Opposite Sides of the Public Domain

If one of [the two houses] was higher than the other, and they were thus not on the same level, it is forbidden to throw a garment or the like, lest it fall and [one descend and] bring it. One may, however, throw earthenware utensils and the like. ‎[9] [The following rules apply when] a cistern located in the public domain has an opening [to a home] above it: The cistern and the sand [piled around it] are measured together [to see if their height reaches] ten [handbreadths]. [If it does,] one may draw water from it on the Sabbath.

When does the above apply? When [the cistern] is within four handbreadths of the wall, for then a person cannot pass between them. If, however, it is further removed, one may not draw water from it unless the sand [piled around it] is ten [handbreadths] high. Thus, when the bucket is raised above the sand [pile], it enters a *makom patur*. ‎[10] It is permitted to pour water [from] a window [of a home] to a garbage heap located in the public domain that is ten handbreadths high, on the Sabbath.

To what does the above apply? To a garbage heap belonging to the community, for this is unlikely to be removed. We may not, however, pour water onto a garbage heap belonging to an individual.

It is possible that the garbage heap was cleared away and thus, [unknowingly,] one will be pouring into the public domain. ‎[11] [The following rules apply to] a water conduit that passes through a courtyard: If it is ten [handbreadths] high and between four [handbreadths] and ten cubits wide, we may not draw water from it on the Sabbath, unless one erects a partition [in the water] ten handbreadths high at its entrance [to the courtyard] and its exit.

If it is not ten [handbreadths] high or is less than four [handbreadths] wide, we may draw water from it without [erecting] a partition. ‎[12] When [the water conduit that passes through the courtyard] is more than ten cubits wide, although it is less than ten handbreadths high, we may not draw water from it unless a partition is erected. Since it is more than ten [cubits] wide, it is considered to be an open space and nullifies the existence of the divider.

What is the ruling regarding carrying in the courtyard as a whole? If there is even a small portion [of the wall] remaining on both sides of the opening, or if a portion [of the wall] four handbreadths in size remains on one side of the opening, it is permitted to carry in the entire courtyard. It is forbidden only to draw water from the conduit. If, however, no portion of the wall remains, it is forbidden to carry in the entire courtyard, for it has been opened up to the sea, which is a *carmelit*. ‎[13] How must the partitions be erected in the water? If [the majority of the partition] is above the water, at least a handbreadth of the partition must descend into the water. If the partition as a whole descends into the water, at least a handbreadth must rise above the water level. [In this manner,] the water in the courtyard will be distinct, [from the water in the conduit on either side of the courtyard].

Although the partition does not reach the ground [in the conduit], since it is ten handbreadths high, it is permitted. The use of a partition that remains hanging was allowed only with regard to water. Since the prohibition against carrying this water is Rabbinic in origin, [the Sages] were lenient regarding [the nature of] the partition [required], for its purpose is only to create a distinction. ‎[14] [The following rules apply] when a conduit of water passes between several courtyards and there are openings [from the courtyards] to it: If it is not the minimum size [of a domain],one may lower buckets from the windows and draw water from it on the Sabbath.

The extension of the wall 3 handbreadths

When does the above apply? When [the conduit] is not more than three handbreadths away from the wall. If, however, [the conduit] is more than three handbreadths away from the wall, we may not draw water from it unless there are projections extending from the walls on either side. Thus the conduit would be considered as if it passes through the courtyard. ‎[15] [The following rules govern] a balcony that extends over a body of water with an aperture [in its floor] that opens to the water: We may not draw water from it on the Sabbath unless a partition ten handbreadths high is constructed over the water parallel to the opening in the balcony. Alternatively, we may construct a partition descending from the balcony to the water. Then, we consider this partition as descending until it touches the water.

Just as we may draw water from [the body of water] after making the partition, so too we may pour water from the balcony to the water. [The rationale is:] One is pouring into a *carmelit*. ‎[16] We must not pour water into a courtyard that is less than four cubits by four cubits on the Sabbath, because [the water] will flow into the public domain rapidly.

Therefore, it is necessary to dig a pit that contains two *seah* in the courtyard or in the public domain next to the courtyard, so that the water will collect there. [If the pit is within the public domain], one must build a domed covering over this pit from the outside so that the pit will not be seen in the public domain.

The courtyard and the patio adjoining it are combined [when calculating] the four cubits. How large is a pit that contains two *seah*? [A pit] half a cubit by a half a cubit in area and three fifths of a cubit high. ‎[17] If the pit cannot contain two seah, we may pour [no more than] its contents into it. If it can contain two seah, we may pour [any amount of] water into it, even 60 seah, despite the fact that the water will overflow and spill from the pit outward.

When does the above apply? In the rainy season, at which time the courtyards are muddied and many drainpipes spread water. Thus, onlookers will not say that this person is making use of the courtyard and the water is flowing into the courtyard because of his power. In the summer, by contrast, if [the pit] can contain two seah, only that amount may be poured into it. If it cannot contain two seah, no water at all may be poured into it. ‎[18] [The following rules apply] to a drain through which water is poured and the water flows under the ground into the public domain, and to a gutter when water is poured over its mouth and the water flows down a wall and descends to the public domain: Even if the wall is 100 cubits long or the stretch of ground under which [the water] passes is 100 cubits long, it is forbidden to pour into the mouth of this drain or this gutter, for because of one's power, the water flows into the public domain. Instead, one should pour outside the drain, [allowing the water to] flow into the drain on its own accord.

‎[19] When does the above apply? In the summer. In the winter, by contrast, one may pour [water as mentioned above], and indeed, do so repeatedly, without inhibition. At that time, the gutters are flowing [with water], and a person desires that the water will be absorbed in its place.

The protrusion extending above the sea

[In contrast,] it is permitted for a person to pour water over a drain which flows into the carmelit, even in the summer. No decrees were enacted against [the effect of] a person's power in a carmelit. For this reason, it is permitted to pour [water] down the side of a ship and have it descend to the sea. ‎[20] A person who is standing in a ship should not draw water from the sea unless he builds a protrusion, four [handbreadths] by four [handbreadths], extending from the ship above the sea.

When does the above apply? When [the deck of the ship] is within ten [handbreadths of the water level]. If, however, [the deck] is more than ten [handbreadths above the water level], he may draw water after erecting a protrusion of the smallest size. [The rationale for this leniency is that] he is drawing water through a makom patur, and the protrusion is necessary only to make a distinction. ‎[21] [The following rules apply when] a person was reading a scroll in a carmelit, a portion of the scroll rolled into the public domain, and a portion remained in his hand: If it rolled more than four cubits, he should turn it face down and leave it. This is a decree, enacted lest [the scroll] drop from his hand and he carry it [more than] four cubits. If it rolled less than four cubits, he should roll it back toward himself. Similarly, if it rolled into a private domain, he should roll it back towards himself.

[The following rules apply when] a person was reading in a private domain and the scroll rolled into a public domain]: If it came to rest, he should turn the scroll face down. If it did not come to rest, but rather remained suspended in the air above the public domain and did not reach the earth, he may roll it back to himself. ‎[22] A person who moves thorns so that the public at large will not be injured [should adhere to the following guidelines]: If [the thorns] were in the public domain, he should move them less than four cubits at a time. If they were located in a carmelit, he may move them even 100 cubits in a normal manner.

Similarly, if a corpse [began to decompose,] emit foul odors, and become extremely abhorrent to the extent that the neighbors cannot bear to remain [in the same place], it may be taken from a private domain to a carmelit.

After a person descends to bathe in the sea, he should dry himself when he ascends, lest he carry the water that is on him more than four cubits in a carmelit.

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Version Info

Version: Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007

Source: https://www.nli.org.il/he/books/NNL_ALEPH001020101/NLI

License: CC-BY-NC

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