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4 [1] When the inhabitants of a courtyard eat at the same table - even though they have their own individual dwellings - they are not required to establish an *eruv*; they are considered to be the inhabitants of a single household.
Just as the presence of a person's wife, the members of his household, or his servants does not cause him to be forbidden [to carry], nor does their presence make an *eruv* necessary, so too, these individuals are considered to be the members of a single household, for they all eat at the same table. [2] Similarly, if [the inhabitants of this courtyard] must establish an *eruv* together with the inhabitants of another courtyard, they are required to bring only one loaf to the place where the *eruv* is established.
Similarly, if the *eruv* is established in their [house], they do not have to contribute to the *eruv*, just as the house in which an *eruv* is placed does not have to contribute a loaf of bread. [The rationale for both these laws is] that all these dwellings are considered to be a single dwelling. [3] Similarly, the inhabitants of a courtyard who established an *eruv* together are considered to be [the members of] a single household. If it is necessary for them to establish an *eruv* together with the inhabitants of another courtyard, they are required to bring only one loaf to the place where the *eruv* is established. Similarly, if the *eruv* is established in their [house], they do not have to contribute a loaf of bread. [4] When five people collect an *eruv* [for one courtyard] with the intent of bringing it to the place where an *eruv* will be established [together with the inhabitants of another courtyard], it is not necessary for all five to bring the bread there. Moreover, all th at is necessary is to bring a single loaf of bread. Since the *eruv* was collected, all [the inhabitants of the courtyard] are considered to be the members of a single household. [5] When a father and his son, or a teacher and his studentare dwelling in the same courtyard, it is not necessary for them to establish an *eruv*; they are considered to be a single household. Although at times they eat at a single table and at times they do not eat [together], they are considered to be a single household. [6] [The following rules apply to] brothers, each of whom has a house of his own, and who do not eat at their father's table, and to wives and servants who do not eat at their husband's or master's table at all times, but rather they [occasionally] eat at his table in payment for the work they do for him, or as an expression of his favor for a specific amount of time, such as a person who enjoys a colleague's hospitality for a week or a month.
If there are no other people dwelling together with them in the courtyard, they are not required to establish an *eruv*. If they establish an *eruv* with [the inhabitants of] another courtyard, a single *eruv* suffices for them. If the *eruv* is established in [one of] their [homes], they are not required to contribute a loaf of bread.
If there are other people living in the courtyard together with them, each of them is required to contribute a loaf of bread [for the *eruv*] like the other inhabitants of the courtyard. [The rationale is that] they do not eat at one table at all times. [7] [The following rules apply when] five groups spend the Sabbath together in a single large hall: If a partition that reaches the ceiling separates each of the groups [from the others], it is as if each group has a room of its own, or is in a loft of its own. In such an instance, every group must contribute a loaf of bread. If, however, the partition does not reach the ceiling, a single loafof bread is sufficient for all of them. For they are all considered to be the members of a single household. [8] When a person owns one [of the following] structures - a gatehouse that people frequently walk through, an *exedra*,a porch, a barn, a shed for straw, a shed for wood, or a storehouse - in a courtyard belonging to a colleague, he does not cause [his colleague] to be forbidden to carry. [Our Sages decreed that the presence of a person causes carrying] to be forbidden unless an *eruv* is established, only when the person possesses a dwelling in the courtyard in which he will [ordinarily] eat [a meal of] bread. The [possession of a] place to sleep, by contrast, does not cause carrying to be forbidden.
For this reason, even if a person decided to eat his meals consistently in a gatehouse or an *exedra*, his presence does not cause carrying to be forbidden, because this is not considered a dwelling. [9] [The following rules apply when] there are ten dwellings, one within the other: [The inhabitants of] the innermost dwelling and the one before it are required to provide the *eruv*. The eight outer dwellings, by contrast, are not required to contribute to the *eruv*. [The rationale is that] since many people walk through them, they are regarded as a gatehouse. [As mentioned above,] a person who lives in a gatehouse [does not cause others to be forbidden to carry].
[The person living in] the ninth [house] does not have many people passing through his property - only one. Therefore, his presence causes [carrying] to be forbidden unless he contributes to the *eruv*. [10] [The following rulings apply in the situation to be described:] There are two courtyards [each containing several houses] and three houses [in between them]. The houses have entrances to each other, and [the outer two houses] have entrances to the courtyards.
The inhabitants of one courtyard brought their *eruv* through the house that had an entrance for them and placed it in the middle house. Similarly, the inhabitants of the other courtyard brought their *eruv* through the house that had an entrance for them and placed it in the middle house.
[The inhabitants of] these three houses do not have to contribute a loaf of bread [to the *eruv* [for the following reasons]: The middle house is the house in which the *eruv* was placed. The two houses on its side are each considered to be a gatehouse for the inhabitants of the courtyard. [11] [Different rules apply, however, if the situation changes. For example,] there are two courtyards [each containing several houses] and two houses [in between them] with entrances to each other. [The inhabitants of one courtyard] bring their *eruv* through the house that is open to them and place it in the second house, which is adjacent to the other courtyard.
[The inhabitants of the other courtyard also] bring their *eruv* through the entrance that is open to them and place it in the other house [which is adjacent to the other courtyard]. In such a situation, [the inhabitants of] neither [of the courtyards are considered to have] established an *eruv*. For each of them has placed his *eruv* in the gatehouse of another courtyard. [12] Although one of the inhabitants of a courtyard is in the midst of his death throes, even when [it is obvious] that he will not survive the day, his presence causes the other inhabitants of the courtyard to be forbidden [to carry] until they grant him [by proxy] a share in a loaf of bread and include him in the *eruv*.
Similarly, when a minor [owns a house in the courtyard], although he is incapable of eating an amount of food the size of an olive, his presence causes [carrying] to be forbidden until [the inhabitants of the courtyard] include him in the *eruv*. [The presence of] a guest, by contrast, does not cause [carrying] to be forbidden, as explained above. [13] [The following rules apply when] one of the inhabitants of a courtyard leaves his home and spends the Sabbath in another courtyard, even in a courtyard adjacent [to the one in which his home is located]: If he had no thought of returning to his home on the Sabbath, he does not cause [carrying] to be forbidden.
When does the above apply? With regard to a Jew. With regard to a gentile, by contrast, he causes [carrying] to be forbidden even when he spends the Sabbath in another city, unless his domain is rented from him. [The rationale is] that it is possible for him to return on the Sabbath. [14] When the owner of a courtyard rents houses in the courtyard to others and [stipulates that] he may [continue] to leave articles or types of merchandise in each of these homes, [the presence of the renters] does not cause [carrying] to be forbidden. Since he still has authority in each of the houses, everyone is considered to be his guest.
When does the above apply? When he left an article that may not be carried on the Sabbath - e.g., *tevel* or slabs of metal, in these homes. When, by contrast, he leaves articles that may be carried in each of the homes, [the presence of the renters] causes [carrying] to be forbidden unless they establish an *eruv*. For it is possible that he will remove them [on the Sabbath], and then he will be left without any authority [in these dwellings]. [15] [The following rules apply when] the inhabitants of a courtyard forgot and did not establish an *eruv*. They may not remove articles from their homes to the courtyard, nor from the courtyard to their homes. However, concerning articles that were left in the courtyard at the commencement of the Sabbath: [the inhabitants] may carry such articles throughout the courtyard and all its extensions.
[The following rules apply when] there is a porch or an upper storey [that opens out to a courtyard], and the inhabitants of the courtyard have established an *eruv* for themselves and the inhabitants of the porch have established an *eruv* for themselves: Regarding articles that were left in their homes at the beginning of the Sabbath, the inhabitants of the porch or the upper storey are permitted to carry them throughout the porch and all of its extensions or throughout the upper storey and all of its extensions. The inhabitants of the courtyard may carry within the courtyard and all its extensions, [but they are forbidden to carry from the courtyard to the upper storey or the porch, or from the upper storey or the porch to the courtyard unless an *eruv* is established].
Similarly, if one person lives in the courtyard, and another person lives in the upper storey, and they forgot to establish an *eruv*, the owner of the upper storey may carry within the upper storey and all of its extensions, and the owner of the courtyard may carry within the courtyard and all of its extensions. [They may not, however, carry from one domain to the other without an *eruv*]. [16] What is implied? When there is a rock or a mound within the courtyard that is less than ten handbreadths high, it is considered to be [important to] both the courtyard and the porch, and [the inhabitants of] both are forbidden to bring articles there from their homes.
If [the rock or the mound] is ten handbreadths high and is less than four handbreadths removed from the porch, it is considered to be an extension of the porch, for they are of similar [height]. Therefore, the inhabitants of the porch may carry on it.
If it is four or more handbreadths removed from the porch, even when it is ten [handbreadths high] it is considered to be an extension of both the courtyard and the porch, since both can use it by throwing [objects onto it]. Therefore, [the inhabitants of] both are forbidden to bring articles there from their homes until they establish an *eruv*.
When there is a pillar four [or more] handbreadths wide in front of the porch [it is considered to be a divider]. [Therefore, the presence of] the porch does not cause [carrying] to be forbidden within the courtyard, for a separation has been made between [one domain and the other]. [17] When projections protrude from the walls [of the courtyard], all those that are below ten handbreadths high are considered to be extensions of the courtyard, and may be used by the inhabitants of the courtyard. All those that are within ten handbreadths of the upper storey may be used by the inhabitants of the upper storey.
The remainder, those that are located more than ten handbreadths above the ground and more than ten handbreadths below the upper storey, are forbidden to them both. Neither may use them for articles from the homes unless an *eruv* is established. [18] [The following rules apply to] a cistern located in [such] a courtyard: If it is filled with produce that was *tevel* - and hence is forbidden to be carried on the Sabbath - or with objects of a similar kind, it and the enclosure around it, are regarded like a rock or a mound in a courtyard. If [the enclosure] is ten handbreadths high and close to the porch, it is considered to be an extension of the porch.
If, by contrast, it is filled with water, neither the inhabitants of the courtyard nor the inhabitants of the porch may bring [water] to their homes from it unless they establish an *eruv*. [19] [The following rules apply when] there are two courtyards, one lying behind the other, and the inhabitants of the inner courtyard enter and exit by passing through the outer courtyard: When [the inhabitants of] the inner courtyard have established an *eruv*, but [the inhabitants of] the outer courtyard have not, [the inhabitants of] the inner courtyard may carry [within their domain], but [the inhabitants of] the outer courtyard may not.
When [the inhabitants of] the outer courtyard have established an *eruv*, but [the inhabitants of] the inner courtyard have not, [the inhabitants of] both are forbidden to carry; [the inhabitants of] the inner courtyard because they did not establish an *eruv*, and the inhabitants of the outer courtyard because the people who pass through [their domain] did not establish an *eruv* [even within their own domain].
If [the inhabitants of] both domains have established separate *eruvin*, they may each carry within their own domain; they may not carry from one [domain] to the other. [20] [If the inhabitants of both domains have established separate *eruvin*,] but one of the inhabitants of the outer courtyard forgot to join in the *eruv* [in his domain], the inhabitants of the inner courtyard are still permitted to carry.
When, by contrast, one of the inhabitants of the inner courtyard forgot to join in the *eruv* [in his domain], [not only are the inhabitants of the inner courtyard forbidden to carry, the inhabitants of] the outer courtyard are also forbidden to do so. [This restriction is instituted] because the inhabitants of the inner courtyard whose *eruv* is not acceptable pass through their [domain]. [21] [The following rules apply when] both courtyards establish a single *eruv*: If the *eruv* is placed in the outer courtyard, and one of the inhabitants - whether an inhabitant of the outer courtyard or of the inner courtyard - forgets to join in the *eruv*, [all] the inhabitants of both courtyards are forbidden [to carry] unless he subordinates [the ownership of] his domain to them. [This is possible for, as we explained, one may subordinate the ownership of a domain in one courtyard to [people dwelling in] another.
[Different rules apply when] the *eruv* is placed in the inner courtyard: If one of the inhabitants of the outer courtyard did not join in the *eruv*, [the inhabitants of] the outer courtyard are forbidden to carry. [The inhabitants of] the inner courtyard, by contrast, are permitted to carry within their own [domain]. If one of the inhabitants of the inner courtyard did not join in the *eruv*, [all the inhabitants of] both [courtyards] are forbidden [to carry] unless he subordinates [the ownership of] his domain to them. [22] If [only] one person was dwelling in one [of these] courtyards and [only] one person was dwelling in the other, there is no need for them to establish an *eruv*; each one is permitted to carry in his courtyard.
If, however, a gentile dwells in the inner courtyard, even though he is merely a single [household], he is considered as many individuals, and [his presence] causes [the inhabitants of] the outer courtyard to be forbidden to carry until his domain is rented. [23] [The following laws apply when there are] three courtyards with entrances to each other, and there are many people dwelling in each courtyard: When [the inhabitants of] the two outer courtyards have established an *eruv* together with [the inhabitants of] the inner courtyard, [the inhabitants of] the inner courtyard are permitted to carry within the outer courtyards, and [the inhabitants of] the outer courtyards are permitted to carry within the inner courtyard, but the inhabitants of the two outer courtyards may not carry in the other outer courtyard unless all three join in a single *eruv*.
If a single individual dwells in each courtyard, there is no need for them to establish an *eruv*, although many individuals pass through the outer courtyard. [The rationale is that] each of these individuals is permitted to carry in his own domain. If, however, there are two individuals living in the inner courtyard [different rules apply]. Since [these individuals] are forbidden to carry in their own domain until they establish an *eruv*, they cause the single individuals in the middle and in the outer domains to be forbidden [to carry] unless the two inhabitants of the inner domain establish an *eruv*.
This is the governing principle: When a person who is forbidden to carry in his own domain passes through another domain, his passage causes carrying to be forbidden there. When, by contrast, the person may carry in his own domain, his passage through another domain does not cause carrying to be forbidden there. [24] [The following rules apply when] there are two balconies positioned over a body of water, and one is positioned above the other: Although [the inhabitants of] each of them have constructed a partition ten handbreadths high descending [to the water], if the two balconies are within ten handbreadths of each other, it is forbidden for [their inhabitants] to draw water unless they establish a single *eruv*. [The rationale is that, because of their closeness] they are considered to be a single balcony.
If the distance between the upper balcony and the lower balcony is more than ten handbreadths, and [the inhabitants of] each have established separate *eruvin*, they are both permitted to draw [water]. [25] If [the inhabitants of] the upper [balcony] did not make a partition, but the inhabitants of the lower [balcony] did, even [the inhabitants of] the lower balcony are forbidden to draw [water]. [The rationale is that] the buckets of the upper [balcony], which are forbidden, pass through their domain.
If [the inhabitants of] the upper [balcony] have made a partition, but [the inhabitants of] the lower [balcony] have not, [the inhabitants of] the upper balcony are permitted to draw water, but [the inhabitants of] the lower balcony are forbidden.
If the inhabitants of the lower [balcony] joined together with [the inhabitants of] the upper [balcony] in the construction of the partition, [the inhabitants of] both are forbidden to draw water until they establish a single *eruv*. [26] [The following rules apply to a building] with three storeys, one above the other; the upper and the lower storeys belong to one individual, and the middle storey belongs to another: One may not lower articles from the top storey to the bottom storey through the middle storey. For we may not pass articles from one domain to another domain via a third domain. One may, however, lower articles from the top [storey] to the lower [storey] [if] they do not [pass] through the middle [storey]. [27] [The following rules apply when] two buildings face each other and there is a courtyard below them into which water is poured. They should not pour water into the courtyard unless they join together in a single *eruv*.
If [the inhabitants of one building] dig a pit in the courtyard into which to pour water, while [the inhabitants of the other building] do not, those who dig the pit may pour water into it. The others are forbidden to pour water into the courtyard unless they join together in a single *eruv*.
If [the inhabitants of both buildings] each dig a pit, each may pour water into the pit they have dug, even though they did not establish an *eruv*.
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