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17 ‎[1] A lane with three walls is called a closed lane. In contrast, a lane that has only two walls, one opposite the other, and thus passersby enter from one end and leave from the other, is referred to as an open lane. ‎[2] What must be done to allow people to carry within a closed lane? We should erect one pole at the fourth side or extend a beam above it; this is sufficient. The beam or the pole is considered to have enclosed the fourth side, making it [equivalent to] a private domain.
Thus, carrying is permitted within it.
According to Torah law, one is permitted to carry [within an area enclosed] by three partitions. [The requirement to enclose the] fourth side is Rabbinic [in origin]. Therefore, it is sufficient to erect a pole or a beam. ‎[3] What must be done to allow people to carry within an open lane? A frame of an entrance must be erected at one side and either a pole or a beam must be erected at the other side.
An L-shaped lane is governed by the same rules as an open lane. ‎[4] When a lane is level, but descends on an incline to the public domain, or if its entrance to the public domain is level but it itself descends on an incline, it does not require either a pole or a beam, for it is clearly distinct from the public domain. ‎[5] When one side of a lane ends at the sea and the other side ends at a public garbage dump, there is no need for [further measures to enable carrying to be permitted].
[Leniency is granted,] because a public garbage dump is unlikely to be removed, and we do not suspect that the sea will wash up mud and rocks [which will dry out and create a surface level with that of the lane]. ‎[6] [The following rules apply to] an open lane that ends in the middle of a yard belonging to many different people: If [the end of the lane] is not opposite the entrance to the yard, it is considered to be closed and does not require any further measures at the side of the yard. If, however, it ends at the sides of the yard, it is forbidden [to carry within the lane].
Moreover, if the yard belongs to a single individual, it is forbidden [to carry within the lane] even if the lane leads into the middle of the yard. [The rationale for this prohibition is that] at times, [the owner] may build on one of the sides of the yard. [After these improvements have been made,] it is possible that the lane will end at the side of the yard. ‎[7] Permission [to carry within] a lane because a pole or a beam was erected is granted only when [the following conditions are met]:
[several] houses and courtyards open into it;
it is four cubits long or more; and
its length exceeds its width.
If, however, the length and the width of a lane are equal, it is considered to be a courtyard, and permission [to carry within is granted] only [when one erects] two poles - there is no minimum requirement with regard to their width - one at each of its sides, or one erects a barrier four handbreadths [wide] at one side. ‎[8] When the length of a courtyard exceeds its width, it is considered to be a lane, and [carrying within it] is permitted [only when one erects] a pole or a beam.
[When several] houses and courtyards do not open into a lane - e.g., only one house or one courtyard does - and similarly, [when] a lane is not four cubits long, permission [to carry within is granted] only [when one erects] two poles or a barrier (more than) four handbreadths [wide]. ‎[9] When a lane is not three handbreadths wide, one may carry throughout it; it does not require either a pole or a beam. [This leniency is granted because] an opening less than three handbreadths wide is considered to be an extension of the existing wall.
When a beam is erected over a lane to make it possible for people to carry within as in a private domain, [the lane is not considered to be a private domain, and] a person who throws an article from it to the public domain or from the public domain into it is not liable. The beam is [there merely] to create a distinction.
When, by contrast, a pole is erected [to make it possible for people to carry], [the lane is a private domain, and] a person who throws an article from it to the public domain or from the public domain into it, is liable. The pole is considered to be a wall on the fourth side. ‎[10] How is it possible to [make it permissible for people to carry] between two walls of the public domain through which people [frequently] pass? One makes gates on both sides, causing the space between them to be considered to be a private domain.
[In practice,] the gates need not be locked at night, but they must be fit to lock. If they are sunken in the earth, [the earth must be] cleared away and [the gates] adjusted so that they can be locked. The frame of an entrance, a pole, or a beam are not sufficient to make it possible for people to carry within a public domain. ‎[11] It is permissible to carry in [the portion of] the lane that is under the beam or opposite the pole. When does the above apply? When these structures are constructed near a public domain.
When, by contrast, [a lane is] near a *carmelit*, it is forbidden to carry in [the portion of] the lane that is under the beam or opposite the pole, unless one erects another pole to permit carrying within the entrance.
[The rationale for this stringency is that according to the Torah, a *carmelit* is a *makom patur*. Therefore, when] this entity, [the space opposite the pole or under the beam, which is also a *makom patur*, is adjacent] to an entity of this type, [the *carmelit*,] its presence is deemed significant [and it is considered to be an extension of the *carmelit*]. ‎[12] A pole may be constructed employing any substance, even a living entity, or even an object from which we are forbidden to benefit. [For example, if] a false deity or a tree that is worshiped is employed as a pole, it is acceptable. [The rationale for this ruling is that] there is no minimum requirement regarding the width of a pole.
The height of the pole may not be less than ten handbreadths. There is not, however, a minimum requirement for its width and breadth. ‎[13] A beam may be constructed employing any substance, with the exception of a tree that has been worshiped. [The latter restriction is applied] because there is a minimum measure for the width of a beam, and a tree that has been worshiped is forbidden to be used whenever there is a minimum measure specified.
The width of a beam may be no less than a handbreadth; there is, however, no minimum measure for its thickness. Nevertheless, it must be sturdy enough to hold a brick that is one and a half handbreadths by three handbreadths. The supports for the beam must be sturdy enough to hold the beam and a brick of the size mentioned above. ‎[14] Of what size may the entrance of a lane be for a pole or a beam to be sufficient to allow [people to carry within]? Its height may not be less than ten handbreadths, nor more than twenty cubits. Its width may not be more than ten cubits.
[The above applies] when [the opening] is not built with a frame of an entrance. If, however, [the opening] is built with the frame of an entrance, even if it is 100 cubits high, less than ten [handbreadths high], or more than 100 cubits wide, it is permissible [to carry within]. ‎[15] Similarly, if the beam over a lane is ornamented or it has designs so that everyone looks at it, it is acceptable even if it is more than 20 cubits high. A beam serves as a distinguishing factor. Therefore, [generally,] if it is higher than 20 cubits, [it is not acceptable because] it will not be noticed. If, however, it is ornamented or if it has designs - since it attracts attention, it serves as a distinguishing factor. ‎[16] When the height of a lane, from the earth until the bottom of the beam is 20 cubits, it is acceptable even though the width of the beam extends higher than 20 [cubits above the ground.]
If the lane is more than 20 cubits high and one desires to reduce its height by placing a beam lower than it,
the beam must be a handbreadth wide. If the lane is less than ten handbreadths high, one should dig out a portion that is four cubits by four cubits in area, deep enough so that [the walls of the lane will be] a full ten handbreadths [in height]. ‎[17] [The following rules apply when] an opening is made in the side of a lane, near its front: If a portion of the wall four handbreadths wide touching the front [wall] remains standing, it is permissible [to carry within the lane], provided the opening is not more than ten cubits wide.
If, however, a portion of the wall four handbreadths wide does not remain, it is forbidden [to carry within the lane] unless the opening is less than three handbreadths. [Any opening] less than three handbreadths [is considered to be closed,] based on the principle of *l'vud*. ‎[18] [The following rules apply when] a lane opens up entirely to a courtyard and the courtyard opens up on the opposite side to the public domain: it is forbidden [to carry within], because it is like an open lane. It is [however] permissible to carry within the courtyard, for although many people pass through a courtyard - entering from this side and departing from the other - it is still considered a private domain. ‎[19] [The following rules apply when] there are several paths leading [from the public domain] to a lane, [merging with it] at different points.
Although the entrances are not opposite one another, since they all lead to the public domain, every one is considered to be an open lane.
What must be done [to make it possible to carry within this lane]? A frame of an entrance should be constructed for each of the paths at one end. Similarly, [a frame of an entrance should be constructed] at the main entrance [of the lane to the public domain]. At the other side of all the paths, one should construct a pole or a beam. ‎[20] When one of the walls of a lane [that leads to the public domain] is
long and the other is short, one should place the beam near the shorter wall.
When a pole is constructed in the midst of a lane, it is permissible to carry within the inner portion of the lane that is behind the pole. It is, however, forbidden [to carry] in the outer portion of the lane that is beyond the pole. ‎[21] When a lane is twenty cubits wide, [it is possible to enable people to carry within by erecting a pole or a board in the following manner]: One may build a wall ten handbreadths high and four cubits long - the latter being the minimum length of a lane - and place [the wall perpendicularly] in the middle [of the entrance].
[As such,] it is as if there are two lanes, each with an entrance of ten cubits.
Alternatively, one may leave a space of two cubits from [one side of the lane] and set up a wall three cubits long, and [similarly,] leave a space of two cubits [from the other side of the lane] and set up a wall three cubits long. Thus, the opening of the lane will be ten cubits wide, and the sides will be considered to be closed, because the enclosed portions exceed the open portions. ‎[22] A pole that projects outward from the wall of the lane is acceptable. [Similarly,] a pole that is standing [at the side of the entrance to a lane] without having been placed there [intentionally] is acceptable, provided one has the intent of relying on it before [the commencement of] the Sabbath.
When a pole can be seen from the inside of a lane but cannot be seen from the outside, or conversely, when it can be seen from the outside, but from within the lane appears flush with the wall, it is acceptable as a pole.
A pole that is lifted three handbreadths above the ground or that is more than three handbreadths away from the wall, is not at all significant. Anything less than three handbreadths is, however, acceptable, based on the principle of *l'vud*.
When a pole is very wide - whether its width is less than or equal to half the width of the lane, it is acceptable and is considered to be a pole. If, however, [its width] exceeds half the width of the lane, [it is considered to be a wall and this side is considered to be enclosed], because the enclosed portion exceeds the open portion. ‎[23] When a mat is spread over a beam, the beam's [function in making it possible to carry within the lane] is nullified, for it is no longer conspicuous. [It is possible, however, for it still to be possible to carry within the lane, provided the mat reaches within three handbreadths of the ground.] If the mat is three handbreadths or more from the ground, it is not considered to be a wall [and carrying is forbidden within the lane].
If one implants two spikes into the front of the wall of a lane and places a beam upon them, one's actions are of no significance [and it is forbidden to carry within the lane]. For a beam [to be significant, it] must be positioned over a lane and not next to it. ‎[24] [The following rules apply when] a beam extends outward from one wall of a lane, but does not reach the second wall, or if one beam extends outward from one wall and another beam extends outward from the second wall: If they reach within three [handbreadths] of each other, there is no need to bring another beam. If there is more than three handbreadths between them, one must bring another beam. ‎[25] Similarly, when two beams are positioned parallel to each other and neither of them is able to support a brick [of the required size], there is no need to bring another beam if the two beams can support the brick together.
If one is on a higher plane and the other is on a lower plane, we see the upper one as if it were lower and the lower one as if it were raised [and thus the two are regarded as though they were on the same plane]. [This applies] provided the upper board is not higher than 20 cubits high, the lower board is not less than ten handbreadths high and there would be less than three handbreadths between the two if the upper one were lowered and the lower one were raised until they were parallel to each other on the same plane. ‎[26] If the beam is crooked, we consider it as if it were straight. If it is rounded, we consider it as if it were linear. Thus, if its circumference is three handbreadths, it is a handbreadth in diameter.
[The following rules apply when] a beam is located in the midst of a lane, but because it is crooked, a portion projects outside the lane, or because it is crooked, a portion projects above twenty [cubits] or below ten [handbreadths] high: We consider the distance that would remain between the two ends of the beam were the crooked portion [which projects outside the desired area] to be removed: If less than three handbreadths remain, there is no need to bring another beam. If [more remain], another beam is required. ‎[27] When eight walls are positioned at the corners [of a square around] a well, two attached [perpendicularly] at each corner, they are considered to be an enclosure. Even though [the length of the] open portion exceeds that of the walls on each of the sides, since [there are walls] standing at all of the corners, it is permitted to draw water from the well and permit an animal to drink.
How high must each of these walls be? Ten handbreadths. The walls must each be six handbreadths wide, and there must be space between each wall for two teams - each consisting of four cattle - one entering and one departing. This measure is not more than thirteen and one third cubits. ‎[28] [It is not always necessary for this space to have actual walls positioned at its corners]. If at one of the corners, or at all four of the corners, there is positioned a large stone, a tree, a mound whose incline is more than ten handbreadths within four cubits, or a bundle of reeds, [the following rules apply]: We see whether the article in question has a section one cubit long on either side that is ten handbreadths high when divided [at the corner]. [If this is true,] it is considered to be two walls positioned at a corner.
When five reeds are erected [around the corner of such a square] with less than three [handbreadths] between each pair of them, [the space between them is considered to be closed]. If there are six handbreadths on one side and six handbreadths on the other side, they are considered to be two walls positioned at a corner. ‎[29] It is permissible to bring these four corners closer to the well, provided there is still enough space for the majority of a cow's body to be within these walls when it is drinking. Although one does not hold the head of the animal together with the vessel from which it is drinking, since there is space for the head [of a cow] and the majority [of its body] within [the square], it is permitted.
[If the square is this size,] it is permissible even for a camel [to use] it. If [the square] is smaller, it is forbidden to draw water within [the square], even for a kid whose entire body can enter within.
It is permissible to separate [the walls] from the well as far as one desires, provided that one adds straight walls on every side, so that there will never be more than thirteen and one third cubits between each of the two walls. ‎[30] [The use of] such walls was permitted only in *Eretz Yisrael*, and for the sake of the herds of the festive pilgrims. Similarly, [this leniency] was granted only with regard to a fresh-water well that belongs to the public..
In contrast, should a person desire to drink, he should descend to the well and drink, or should make a barrier ten handbreadths high around the wall, stand within it, draw water, and drink. If the well is very wide and a man is unable to climb down it, he may draw water and drink within [a structure of] corner walls [as described above]. ‎[31] Similarly, it is forbidden to draw water from a cistern that belongs to the public or from a well that belongs to a private individual - even in *Eretz Yisrael* - unless one constructs a barrier ten handbreadths high around them. ‎[32] When a person was drawing [water] for his animal that is standing between the walls [of the abovementioned enclosure], he may draw water and place it before [the animal] in the vessel [with which it was drawn].
If the [animal was in] a stall ten handbreadths high and four handbreadths [by four handbreadths] wide, whose front portion projected within such walls, the person should not draw water and place [the vessel] before [the animal]. [This restriction was instituted] lest the stall be broken and the person carry the bucket into the stall, and from the stall [bring it] to the ground of the public domain. Instead, he should draw water, pour it before [his animal], who will drink it itself. ‎[33] When a person throws [an article] from the public domain into [a space surrounded by] walls of this nature, he is liable. Since there is an actual wall that is ten [handbreadths] high and more than four [handbreadths] by four [handbreadths] in area in every corner, the square is a definitive and distinct entity. Hence, the entire [enclosure] is considered to be a private domain.
[The above applies] even [were such a structure to be built] in a valley where there is no well, for there is a wall on each side of each corner [of the enclosure]. Even if many people pass through the enclosure, the walls are not considered to have been nullified.[Instead, the enclosure] is considered to be like a courtyard through which many people pass. [All agree that] a person who throws [an object] into [such a courtyard] is liable.If there is a well located within such an enclosure, [our Sages relaxed some of their restrictions and] permitted drawing water for an animal. ‎[34] When one end of a courtyard enters between the walls of the abovementioned enclosure, it is permitted to carry from [the courtyard] into the enclosure and from the enclosure into [the courtyard]. When [portions of] two courtyards enter between the walls of the abovementioned enclosure, it is forbidden to carry [from the enclosure to the courtyards and from the courtyard to the enclosure] unless an *eruv* is made.
If the well dries up on the Sabbath, it is forbidden to carry between the walls [of the enclosure]. [Our Sages] considered these walls to be an acceptable enclosure to allow [people] to carry within, only because of the water. If the well begins to flow with water on the Sabbath, it is permitted to carry within [the enclosure], for an enclosure that is established on the Sabbath is an [acceptable] enclosure.
When the beam or pole [used to permit people to carry within] a lane is removed on the Sabbath, it is forbidden to carry within, even if it opens up to a *carmelit*. ‎[35] When an *excedra* is constructed in an open area, it is permitted to carry within its entire space although it has only three walls and a roof. We consider it to be as though the edge of the roof descends and closes off the fourth side. A person who throws an article into it from the public domain is not liable. It is as if one throws an article into a closed lane that possesses a roof.
When the corner of a house or a courtyard is broken and an opening of ten cubits is created, it is forbidden to carry within it at all. Although [generally] whenever an opening is ten cubits or less we consider it to be an entrance, [no leniency is granted in this instance, because] an entrance is not made in a corner.
Should there be a board extending across the length of the opening, it is considered as if it descends and closes the opening. Thus, it is permitted to carry within the entire area. [This leniency applies] provided [the beams] are not [constructed at] an angle. ‎[36] The term "fingerbreadth" when used as a measurement, universally refers to the width of a thumb. A handbreadth is the size of four fingerbreadths. Whenever the term "cubit" is used whether with regard to the laws of the Sabbath, a sukkah, or the prohibition of growing mixed species, it refers to a cubit of six handbreadths.
There are times when we measure a cubit as six handbreadths pressed one to the other, and other occasions when we consider the handbreadths as amply spaced one from the other. In both instances, the intent is that this lead to a more stringent ruling.
For example, the length of a lane [is required to be a minimum of] four cubits. These are measured in amply spaced cubits. The height [of a lane may not exceed] twenty cubits. These are measured in constricted cubits. Similarly, the length of an opening [may not exceed] ten cubits. These are measured in constricted cubits. Similar principles apply regarding the laws of a sukkah and the prohibition of growing mixed species.
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