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1 ‎[1] According to Torah law, when there are several neighbors dwelling in a courtyard, each in his private home, they are all permitted to carry within the entire courtyard, from the homes to the courtyard, and from the courtyard to the homes, because the entire courtyard is a private domain and it is permitted to carry within it in its entirety.
Similarly, regarding a lane that has a pole [positioned at its entrance] or a beam positioned [above it], all the inhabitants of the lane are permitted to carry in the entire [lane], and from the courtyards to the lane, and from the lane to the courtyards, for the entire lane is a private domain.
Similarly, all [the area within] a city that is surrounded by a wall that is [at least] ten handbreadths high and has gates that are locked at night is a private domain. This is the law of the Torah. ‎[2] Nevertheless, according to Rabbinic decree, it is forbidden for the neighbors to carry within a private domain that is divided into different dwellings, unless all the inhabitants join together in an *eruv* before the commencement of the Sabbath.
This [restriction] applies to courtyards, lanes, and cities. It was instituted by [King] Solomon and his court. ‎[3] Similarly, people who dwell in tents, in booths, or in an encampment that is surrounded by a partition may not carry from tent to tent until they make an *eruv*. In contrast, [the members of] a caravan [who surround their encampment] with a partition are not required to [join in] an *eruv*. They may transfer articles from tent to tent without an *eruv*, for [the very nature of their circumstance] is considered to be an *eruv*, since these are not long-lasting dwellings. ‎[4] Why did [King] Solomon institute this [restriction]? So that the common people would not err and say, "Just as it is permitted to transfer articles from the courtyards to the streets of a city and its marketplaces, and to bring articles in [from these domains] to a courtyard, it is permitted to take articles from the city to the fields and from the fields to the city."
[Moreover, they would operate under the mistaken] impression that the marketplaces and streets - since they are the public domain - are like fields and deserts. [This would lead them to a further error, causing them to] say that only a courtyard is a private domain, and they would think that there is no prohibition against the transfer of articles, and that it is permitted to transfer articles from a private domain to a public domain [and from a public domain to a private domain]. ‎[5] Therefore, [King Solomon] instituted [the following rules]: Whenever a private domain is divided into separate dwelling units that are considered the private property of the individuals, and an area remains that is the joint property of all individuals and all share in it equally - e.g., a courtyard with houses that open onto it - the area that is jointly owned is considered as a public domain. Similarly, every place that one of the neighbors owns as his private property and treats as his individual holding shall be considered as a private domain.
It is thus forbidden to transfer an article from a person's private property to the area that is owned jointly, just as it is forbidden to transfer from a private domain into the public domain. Instead, every person should contain his activities within his own property, unless an *eruv* is established, although [according to the Torah] the entire area is one private domain. ‎[6] What is meant by an *eruv*? That all the individuals will join together in one [collection of] food before the commencement of the Sabbath. This serves as a declaration that they have all joined together and share food as one; none of them has [totally] private property. Instead, just as the jointly-owned area is the property of all, so too, everyone shares in the property that is privately owned. They are all joined in one domain.
[Performing] this act will prevent them from erring and thinking that it is permitted to transfer articles between a private domain and the public domain. ‎[7] The *eruv* that the inhabitants of a courtyard make among themselves is referred to as *eruvei chatzerot* [the joining of the areas of courtyards]. [The joining together of] the inhabitants of a lane or of a city is referred to as *shituf*, [partnership]. ‎[8] An *eruv* [joining together] the inhabitants of a courtyard may not be made with anything other than a whole loaf of bread. Even if a loaf of bread is a *se'ah* in size, but it is sliced, it may not be used for an *eruv*. If it is whole, even if it is as small as an *isar*, it may be used for an *eruv*.
Just as an *eruv* may be made using a loaf of bread made from grain, so too, may it be made with a loaf of bread made from rice or lentils. A loaf of bread made from millet, by contrast, may not be used.
The *shituf* [for a lane or for a city, by contrast, may be made using] either bread or other foods. For we may use any food for a *shituf*, with the exception of water and salt. Similarly, mushrooms and truffles may not be used for a *shituf*, because they are not considered to be foods.
[The restriction against using water and salt applies only] when they are set aside as separate entities. If one mixes water and salt, this is considered to be brine, and may be used for a *shituf*. ‎[9] What quantity of food is necessary to establish a *shituf*? A measure equal to the size of a dried fig for every inhabitant of the lane or of the city, provided there are eighteen or less. If, however, there are more than [eighteen inhabitants], the minimum measure [of the *shituf*] is [an amount of] food [sufficient] for two meals - i.e., an amount equivalent to eighteen dried figs, which is equivalent to the measure of six medium-size eggs. Even if thousands and myriads of people desire to make use [of this *shituf*], [all that is necessary] is [an amount of] food [sufficient] for two meals. ‎[10] When a *shituf* is made using any food that is eaten without further cooking - e.g., a loaf of bread, certain species of grain, or raw meat - the minimum measure is the [amount of] food [sufficient] for two meals.
When the food in question is a side dish - i.e., something that people customarily eat together with bread - e.g., cooked wine, roasted meat, vinegar, fish brine, olives, and onion heads - the minimum measure is an amount sufficient to accompany two meals. ‎[11] When fresh wine is used for a *shituf*, two *revi'iot* are required for every [participant]. Similarly, if beer is used, two *revi'iot* [are required].
If eggs are used, [the minimum measure] is two; they may be used for a *shituf* even when raw. [Other minimum measures are:] two pomegranates, one etrog, five nuts, five peaches, a Roman pound of vegetables - whether raw or cooked; if [the vegetables] are lightly, but not thoroughly, cooked, they may not be used; an *uchla* of spices, a *kav* of dates, a *kav* of dried figs, a *maneh* of crushed figs, a *kav* of apples, a handful of cuscuta, a handful of fresh beans, a Roman pound of lichen.
Beets are considered vegetables and may be used for an *eruv*. Onion leaves may not be used for an eruv unless they are already grown, and the length of each leaf is at least that of a spread-out hand. If they are not this long, they are not considered to be food.
All these types of food are considered to be side dishes; therefore, they have been given these measures. The same principles apply in other similar situations. All foods can be combined to reach the minimum measure required for a *shituf*. ‎[12] Whenever the term Roman pound is mentioned, it refers to [a measure equal to] two full *revi'iot*. An *uchla* is half a *revi'it*; a *maneh*, one hundred *dinarim*; a *dinar*, six *ma'ah*; a *ma'ah*, the weight of sixteen barley corns; a *sela*, four *dinarim*.
A *revi'it* contains an amount of water or wine equivalent to approximately seventeen and one half *dinarim*. Thus, a Roman pound is equivalent in weight to 35 *dinarim*, and an *uchla* is equivalent in weight to eight and three-quarter *dinarim*. ‎[13] Whenever the term *se'ah* is mentioned, it refers to [a measure equal to] six *kabbim*. A *kav* is four *logim*, and a *log* is four *revi'iot*. We have already defined the measure and the weight of a *revi'it*. These measurements are necessary for a person to remember at all times. ‎[14] [All] food that is permitted to be eaten, even if the person who uses it is forbidden to partake of it, may be used for an *eruv* or for a *shituf*.
What is implied? A nazirite may establish a *shituf* using wine, and an Israelite [may establish a *shituf* using] *terumah*. Similarly, a person who takes a vow or an oath not to partake of a particular food may use it for an *eruv* or a *shituf*. For if it is not fit for one person [to partake of], it is fit for another. ‎[15] A forbidden [food] - e.g., *tevel*, even food that is considered *tevel* only by Rabbinic decree, the first tithe from which *terumah* was improperly taken, or the second tithe or consecrated articles that were not redeemed in the proper manner - by contrast, may not be used for an *eruv* or a *shituf*.
We may, however, use *d'mai* for an *eruv* or a *shituf*, since it is fit to be used by the poor. Similarly, we may use the first tithe after *terumah* was removed, and the second tithe or consecrated articles that were redeemed, even if the [additional] fifth of their value was not paid. For [failure to give] the [additional] fifth does not [void the redemption of these articles].
We may use the second tithe in Jerusalem, since it is fit to be eaten there, but [it may] not [be used] outside [that city]. ‎[16] How is an *eruv* [joining the entire area of] a courtyard together established? We collect a complete loaf of bread from every house and place all [the loaves] in a single container in one of the houses of the courtyard. Even a granary, a barn, or a storehouse [is acceptable for this purpose]. If, however, the *eruv* was placed in a gatehouse - even a gatehouse belonging to a private individual - an *exedra*, a porch, or a house that is not four cubits by four cubits, it is not considered an *eruv*.
When the *eruv* is gathered together, one recites the blessing: "Blessed be You, God, our Lord, King of the Universe, who has sanctified us with His commandments and commanded us concerning the mitzvah of the *eruv*." [Afterwards,] one says, "With this *eruv*, all the inhabitants of this courtyard will be permitted to bring objects in and out from one house to another."
A minor may collect [the bread for] the *eruv* [joining the entire area of] a courtyard together. The house in which the *eruv* is placed need not give a loaf of bread. If [the inhabitants of a courtyard] ordinarily place [the *eruv* in one house], as an expression of "the ways of peace" it is proper that they should not change [to another home]. ‎[17] How is a *shituf* established for a lane? We collect [an amount of food] equivalent to the size of a dried fig from each and every person - or less than this amount, if many people are involved. The entire amount is placed in a single container in one of the courtyards in the lane, or in one of the homes. [It is even acceptable] to place it in a small home, in an *exedra*, or in a porch. If, however, one leaves it in the open space of the lane, it is not acceptable.
If one leaves the container in one of the courtyards, one must lift the container at least a handbreadth above the ground of the courtyard, so that it will be obvious. [When making the *shituf*,] one recites the blessing, "... concerning the mitzvah of the *eruv*," and says, "With this *shituf*, it will be permitted for all the inhabitants of this lane to bring objects in and out - from the lane to the courtyard and from the courtyard to the lane - on the Sabbath." ‎[18] If one divides the *eruv* or the *shituf*, it is no longer effective. [This ruling applies] even if [all the portions of the *eruv*] are located in a single home. If, however, one fills a container with the *eruv* and there remains some food that one put in a second container, it is acceptable. ‎[19] The participants in a *shituf* in a lane must, nevertheless, also make an *eruv* in their [respective] courtyards, so that their children will not forget the laws of an *eruv*.For this reason, if bread is used as a *shituf* in a lane, [the inhabitants] may rely on it, and are not required to make an *eruv* for the courtyards, for the children will take notice of the bread.
If a group of people were participating in a feast together, and the Sabbath commenced, they may rely on the bread on the table before them as an *eruv* for the courtyard. If they desire to rely on this bread as a *shituf* for a lane, they may, even though they are dining in a courtyard. ‎[20] [A person may establish an *eruv* on behalf of others. For example,] if one of the inhabitants of a courtyard takes bread and says, "Behold, this is for all the inhabitants of the courtyard," or he took an amount of food equivalent to two meals, and says, "This is for all the inhabitants of the lane," he does not have to collect food from each individual. He must, however, [give their portion] to another person, who will acquire it on their behalf.
One's son or daughter who has reached majority, one's Hebrew servant, and one's wife may take possession on behalf of others. Neither a son nor a daughter below the age of majority, nor a Canaanite servant or maidservant has this prerogative, because they do not have independent financial status.
Similarly, a Hebrew maidservant may take possession on behalf of others, even though she is below the age of majority, for a minor may take possession on behalf of others regarding a matter of Rabbinic law.
A person need not inform the inhabitants of a lane or a courtyard that he has granted them [a portion of food] and established an *eruv* for them, for these deeds are to their benefit, and a person may grant a colleague benefit without the latter's knowledge. ‎[21] Neither an *eruv* nor a *shituf* may be established on the Sabbath. Instead, they must be established before nightfall. One may, however, establish an *eruv* for a courtyard and a *shituf* for a lane *beyn hash'mashot*, even though there is a doubt whether that time period is considered to be part of the day or part of the night.
The *eruv* and the *shituf* must always be accessible, so that one may partake of it throughout the time of *beyn hash'mashot*. For this reason, if, before nightfall, an avalanche fell upon it, it was lost or burned, or it was *terumah* and became impure, it is not considered to be an *eruv*. If the above took place after nightfall, the *eruv* is acceptable. If one is in doubt when this took place, the *eruv* is acceptable, because whenever a doubt arises whether an *eruv* is acceptable or not, it is considered acceptable. ‎[22] [The following rules apply when] an *eruv* or a *shituf* was placed in a tower, [the tower] was locked, and the key was lost before nightfall: If it is impossible to remove the *eruv* without performing [a forbidden] labor *beyn hash'mashot*, it is considered as if it had been lost. Therefore, the *eruv* is not acceptable, for it is impossible for it to be eaten.
If a person separated *terumat ma'aser* or *terumah*, and made a stipulation that the sacred status not be conveyed [upon these entities] until nightfall, they may not be used for an *eruv*. [The reason is that] *beyn hash'mashot*, they are still *tevel*, and [the food used for an *eruv* must be fit to be eaten before nightfall.
2 ‎[1] When all the inhabitants of a courtyard, with one exception, have established an *eruv*, this individual [causes carrying] to be forbidden. [This rule applies regardless of whether the person failed to join the *eruv*] because of a willful decision or because of an oversight. [In such a situation,] it is forbidden for all the inhabitants to transfer articles from their homes to the courtyard or from the courtyard to their homes.
Should the person who did not join in the *eruv* subordinate the ownership of merely [his share] of the courtyard [to the others], they are permitted to carry from their homes to the courtyard and from the courtyard to their homes. [They may not,] however, carry to the home [of this individual].
If he subordinates the ownership of his house and [of his share] of the courtyard [to the others], they are all permitted to carry. The others are permitted, because he subordinated the ownership of his house and [of his share] of the courtyard to them. He is also permitted to carry, because he no longer owns a domain. Therefore, he is considered to be [the others'] guest, and the presence of a guest does not [cause carrying] to be forbidden [in a courtyard]. ‎[2] When a person subordinates the ownership of his property without specifying his intent, it is presumed that he has subordinated the ownership [of his share] of the courtyard, but not the ownership of his house. When a person subordinates the ownership of his domain, he must make an explicit statement to that effect to every inhabitant of the courtyard, saying, "My domain is subordinated to you, and to you, and to you."
An heir may subordinate the ownership of a domain. Even when the testator dies on the Sabbath itself, the heir is empowered to act in place of the testator in all matters.
Even if one of those who did not participate subordinates the ownership of his domain to the other person who did not participate, they are still forbidden to carry, since at the time when the others subordinated the ownership of their domain to him, he was forbidden to carry.
[When there are only two people sharing a courtyard,] and one makes an *eruv*, he may not subordinate the ownership of his domain to the other person who did not join in the *eruv*. Conversely, however, the person who did not join in the *eruv* can subordinate the ownership of his domain to the person who made the *eruv*. ‎[5] Just as one homeowner can subordinate the ownership of his domain to another homeowner in a single courtyard, so too, [the inhabitants of] one courtyard can subordinate the ownership of their domain to [the inhabitants of] another courtyard.
[After a person has subordinated his domain,] the recipient can, in turn, subordinate it [to its original owner]. What is implied? If two people are living together in a courtyard, and neither has made an *eruv*, the first may subordinate the ownership of his domain to his colleague, thus allowing the second colleague to carry within the domain that the first subordinated to him until he completes what he must do. Afterwards, the second colleague may subordinate ownership of the domain to the first. Indeed, this exchange may take place several times [on one Sabbath].
One may subordinate one's ownership of a ruin in the same manner in which one subordinates one's ownership of a courtyard. ‎[6] [The following rules apply when] a person who subordinated the ownership of his domain transfers an article to or from the domain that he subordinated: If he willingly transfers the article, his act causes the others to be forbidden [to carry], for he did not maintain his commitment. If he transfers the article unknowingly, he does not cause the others to be forbidden [to carry], for he maintained his commitment.
When does the above apply? When the others did not make use of the privilege granted them first. If, however, the others made use of the privilege granted them first, his act does not cause the others to be forbidden [to carry], regardless of whether he transferred the article willingly or unknowingly. ‎[7] When there are two houses on opposite sides of a public domain, and gentiles have surrounded [the area] with a partition on the Sabbath, the owners of the homes may not subordinate the ownership of their domain to each other, because it was impossible to establish an *eruv* before [the commencement of] the Sabbath.
[The following rules apply when] one of the inhabitants of the courtyard dies and his estate is left to someone living elsewhere: If [the owner] died before the commencement of the Sabbath, since the heir is not an inhabitant of the courtyard, he causes carrying to be forbidden. If [the owner] dies after the commencement of the Sabbath, [the presence of] the heir who is not an inhabitant of the courtyard does not cause carrying to be forbidden.
[The following rules apply when] a person who lives outside the courtyard, [but who owns a house within the courtyard] dies and leaves his domain to one of the inhabitants of the courtyard: If [the owner] died before the commencement of the Sabbath, carrying is not forbidden, because all [the inhabitants of the courtyard] participate in the *eruv*. If [the owner] dies after the commencement of the Sabbath, carrying is forbidden until [the heir] subordinates the ownership of the domain that he inherited to the others. ‎[8] [The following rule applies when] a Jew and an [heirless] convert are dwelling in a cave, and the convert dies before the commencement of the Sabbath: If another Jew takes possession of the convert's property - even if he does not take possession before nightfall - the person who takes possession causes carrying to be forbidden until he subordinates [the property of which he took possession], for he is considered to be an heir.
If the convert dies after nightfall, even if another Jew takes possession of his property, he does not cause carrying to be forbidden. Instead, the license initially granted continues. ‎[9] When a Jew dwells together with a gentile or a resident alien in a courtyard, the presence of the non-Jew does not cause carrying to be forbidden, for [in a halachic sense] a dwelling of a non-Jew is insignificant. His presence is like the presence of animal.
When, however, two Jews share a courtyard with a gentile, his presence causes carrying to be forbidden. This is a decree so that they do not dwell together with a gentile, lest they emulate his conduct. Why was such a decree not issued regarding a single Jew and a single gentile? Because this is very uncommon, for the Jew will fear that the gentile will [find an opportunity] to be alone together [with him] and kill him. The Sages previously forbade being alone with a gentile. ‎[10] When two Jews and a gentile live in [separate] homes in a single courtyard, and the Jews establish an *eruv*, their actions are of no consequence. Similarly, if they subordinate the ownership of their domain to the gentile, he subordinates the ownership of his domain to them, or one of the Jews subordinates the ownership of his domain to the other so that they are as a single aggregate [living together] with the gentile, their deeds are of no consequence.
For an *eruv* may not be established where a gentile is present, nor is the subordination of one's domain effective when a gentile is present. There is no alternative other than renting the gentile's domain, so that he becomes [the Jews'] guest, as it were. Similarly, if many gentiles are present, they must rent their domains to the Jews, and afterwards the Jews establish an *eruv*. [Only then] may they carry.
When one Jew rents a gentile's domain, he may then establish an *eruv* with the other Jews, allowing them all to carry. It is not necessary for every individual to enter into a [separate] rental agreement with the gentile. ‎[11] [The following rule applies when] there are two courtyards, one leading to the other: If a Jew and a gentile live in the inner courtyard and another Jew lives in the outer courtyard, or a Jew and a gentile live in the outer courtyard and another Jew lives in the inner courtyard, [the gentile's presence] causes carrying to be forbidden in the outer courtyard until [the Jews] rent his domain, since it is used by two Jews and a gentile. [The Jew who lives] in the inner courtyard, by contrast, may carry in the inner courtyard. ‎[12] We may enter into a rental agreement with a gentile [for this purpose] on the Sabbath itself. For this rental arrangement is comparable to the subordination of a domain; [i.e.,] it is done to make a distinction and not as a [hard and fast] rental agreement. For this same reason, one may rent the gentile's domain for less than the value of a *prutah*.
A gentile's wife can rent out [his domain] without his knowledge. Similarly, [the gentile's] hired workers or his servants can rent out [his domain] without his knowledge. [This applies even when these] hired workers or servants are Jewish.
If a person asked a gentile permission to use a place in the gentile's domain to store some of his possessions, and the gentile agreed, he is considered as being a partner in the gentile's domain. Accordingly, he may rent out [the gentile's domain on his behalf] without his knowledge. If a gentile has many workers, servants, or wives, it is sufficient if one rents out his domain from one of them. ‎[13] When two Jews and a gentile are living in the same courtyard, and [only] one of the Jews rented the gentile's domain on the Sabbath, he may subordinate the ownership of his domain to the other. [This causes carrying] to be permitted. Similarly, if the gentile dies on the Sabbath, one Jew may subordinate the ownership of his domain to the other, and thus cause carrying to be permitted. ‎[14] [The following rule applies when] one gentile rents his property to another: If it is impossible for the owner to evict the second gentile until the conclusion of his rental contract, we must rent [the domain] from the second gentile, for he takes the place of the owner.
When, in contrast, the owner can evict the renter whenever he desires - if the renter is not present, the Jews are permitted to carry if they rent the property from its original owner. ‎[15] [The following rules apply when] there are several Jews and a gentile living in the same courtyard, and there are windows leading from one Jew's house to another Jew's house. If they have established an *eruv* via the windows, and thus they are permitted to transfer articles from house to house via the windows, the gentile's presence causes them to be forbidden to transfer articles via the entrances unless they rent from him. For whenever a gentile is present, we do not consider a group of people who joined together through an *eruv* as a single individual. ‎[16] When a Jew desecrates the Sabbath publicly or worships false gods, he is considered as a gentile regarding all things. We may not include him in an *eruv*, nor may he subordinate the ownership of his domain. Rather, we must rent his domain as [we rent the domain of] a gentile.
[Different rules apply with regard] to a non-believer, one who does not worship false gods or desecrate the Sabbath - e.g., the Sadducees, the Boethusists, and all those who deny the Oral Law. The general principle is that whoever does not acknowledge the mitzvah of an *eruv* may not participate in one, for he denies [its basis]. Nor may we rent his property, for he is not considered to be a gentile. The alternative is for him to subordinate the ownership of his domain to a Jew whose conduct is acceptable.
Similarly, if a Jew whose conduct is acceptable lives together with this Sadducee in a courtyard, the presence of the Sadducee causes carrying to be forbidden [in the courtyard] unless he subordinates the ownership of his domain to his colleague.
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