Siman 345 – The Four Reshuyos of Shabbos

גChelek 3

1. The following are examples of Reshus Hayochid:
   • A space surrounded by partitions 10 tefachim high with an area of four by four tefachim or more.
   • A depression 10 tefachim deep with an area of 4×4 as above.
   • An elevation 10 tefachim high with an area of 4×4 as above. (ShA 2)
   • The top or inside of a kli that measures 10h x 4 l x 4 w is a Reshus Hayochid even when situated in the middle of the Reshus Horabbim. (ShA 6 – MB 16)

2. The following are extensions of Reshus Hayochid and are classified as Reshus Hayochid even without an area of 4×4 tefachim:
   • Tops of walls that surround a Reshus Hayochid (ShA 3)
   • Tops of walls that surround an area of less than 4×4, but measure 4×4 from the outside of the wall. If you can theoretically place a board on top and find it useful, then the tops of the walls are Reshus Hayochid. (MB 3)
   • Holes in the wall of a Reshus Hayochid that have access to the inside are Reshus Hayochid regardless of their size. A hole that goes through to the Reshus Horabbim and is situated below 10 tefachim off the ground is not considered Reshus Hayochid according to some Rishonim. (ShA 4 – MB 10)
   • Reshus Hayochid extends its space up to the sky – so the top of a tall pole over a Reshus Hayochid is a Reshus Hayochid even without a surface of 4×4 tefachim. (ShA 5 – MB 12)

3. A 10 tefach high mound does not need to be a vertical incline.An incline of at least 22.6° is enough to make a Reshus Hayochid on what is above 10 tefachim.(MB 5)

4. Public thoroughfares and market ways are Reshus Horabbim under the following conditions:
   • 16 amos wide.
   • Not roofed.
   • Gates do not close the road at night. (ShA 7)

5. The Beur Halacha brings 12 rishonim who require a fourth condition – 600, 000 people passing through the Reshus Horabbim daily. He then brings another 12 rishonim who do not require such traffic. The Shulchan Aruch implies that he paskens l’chumra, meaning that the road is still Reshus Harobbim even without the traffic and so holds the Gra. Therefore you should be machmir. However, we do not have the power to protest against those who wish to be lenient since they are relying upon many rishonim as stated above. That being said, every G-d fearing Jew certainly should be strict for himself and consider our city streets Reshus Harobbim and therefore not rely upon an eruv of tzuros hapesach. (BeH “she’ayn”)

6. The following are extensions of Reshus Horabbim and are classified as Reshus Horabbim even without the above conditions:
   • Access roads running parallel to the Reshus Horabbim.
   • Alleys that intersect 2 parallel Reshus Horabbims.
   • Bumps less than 3 tefachim high.
   • Potholes less than 3 tefachim deep.
   • A resting post (for your packages) in Reshus Horabbim exactly 72 cm high.
   • Holes in the walls accessible only to the public and are within 3 tefachim of ground-level – regardless of their surface area. (ShA 8, 9, 10, 11, 13 – MB 46)

7. Unlike Reshus Hayochid, Reshus Horabbim extends it’s airspace a mere 10 tefachim high. Therefore, if you were to throw a sticky date in Reshus Horabbim and it would stick to a vertical surface above 10 tefachim, that would not be considered Hotza’a. (ShA 12 – MB 43)

8. A Karmelis is a reshus that is neither a Reshus Hayochid due to lack of partitions – nor a Reshus Horabbim due to it’s lacking the conditions or it isn’t a thoroughfare. A Karmelis always needs an area of 4 x 4 tefachim with the exception of a thin, deep pit dug in a Karmelis. Mid’oraisa the status of a Karmelis is a Makom P’tur – neutral. To avoid confusion, the Chachomim gave it the status of a separate reshus and therefore forbade us to carry from it to a Reshus Horabbim and Reshus Hayochid. It is similar to a Reshus Horabbim in that you may not transfer an object more than four amos inside it itself. Here are some examples:
   • Lakes and rivers.
   • Fields in a valley.
   • Benches and stands in a marketplace that have a surface of 4×4 tefachim and 3 or more high until 10 tefachim.
   • Sides of the Reshus Harabbim that block the flow of traffic.
   • Dead end alleys.
   • Roofed markets.
   • Raised mounds 4×4, but under 10 tefachim high.
   • Depressions 4×4, but less than 10 tefachim deep.
   • Roads less than 16 amos wide. (ShA 1, 14, 18 – MB 17, 48, 49, 54)

9. A vessel which lacks the dimensions of Reshus Hayochid and is standing in a Reshus Horabbim is not deemed as a Karmelis. Karmelis status was not given to vessels as long as it is not fastened to the ground. What status does such a vessel have? It will be bottol to the Reshus that it is standing in – if the vessel is standing in Reshus Harabim the vessel is also a Reshus Harabbim – if the vessel is standing in a Karmelis – only then will the vessel become a Karmelis. (MB 16)

10. Karmelis, like a Reshus Horabbim, extends only 10 tefachim upwards from the ground. Therefore, tops of buildings and protrusions above that height are deemed Makom P’tur unless they have the surface area (4×4) and the partitions of a Reshus Hayochid.(ShA 18 – MB 66)

11. The 10 tefach airspace over a body of water begins at the surface of the water. If you are leaning over the side of a boat, you may reach down and pull water up to drink from the river, being careful not to carry the water into the boat which is a Reshus Hayochid.(ShA 18 – MB 76)

12. A Makom P’tur is an elevation or depression with a surface smaller than 4 x 4 tefachim and at least 3 high or deep.Since it is a neutral zone, you are allowed to carry to and from a Makom P’tur to a Reshus Horabbim or a Reshus Hayochid. (ShA 19 – MB intro.) ###