Hotzaah: Difference between revisions
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==Karpef== | ==Karpef== | ||
#One may not carry in a planted area that is larger than | #Chazal forbade carrying in an area not suitable for living that is larger than 5000 square amot even if it is surrounded by walls. Colloquially, this place is called a karpef.<ref>The halacha follows Rabbi Akiva in Eruvin 23a that an area that is the size of a bet saatayim, 50 amot by 100 amot, is always permitted and if it is larger than that size it is permitted if is enclosed for living purposes. One of the types of areas that fit this description of not being suitable for living is a karpef. Rashi (Eruvin 18a s.v. l'gina) explains that technically karpef refers specifically to a storage area of wood. However, colloquially, this place is called a karpef such as in Gemara Shabbat 7a and Shulchan Aruch O.C. 358:3.</ref> Biblically, this area is a reshut hayachid, but the rabbis made a restriction not to carry there more than 4 amot.<ref>In Eruvin 67b, Rabbi Yochanan explains that a karpef is a reshut hayachid, but the rabbis forbade carrying in it more than 4 amot. Rambam (Shabbat 16:1) rules like Rabbi Yochanan. Levush 358:1 and Mishna Brurah 358:5 agree. Rashi in several places (Shabbat 80a s.v. v'hu and 99b s.v. mukaf) indicates that a karpef is a karmelit on a Torah level.</ref> | ||
#What is considered enclosed for living and not subject to the laws of karpef? A house meant for dwelling or a yard opened to a house and then enclosed. If the yard was enclosed not for living then a house was built there afterwards it still has the status of a karpef.<ref>Shulchan Aruch O.C. 358:1</ref> | |||
#A plateau or island that has natural walls of 10 tefachim that is larger than 5000 square amot has the status of a karpef.<Ref>Shulchan Aruch O.C. 358:3</ref> | |||
===Gardens=== | |||
#One may not carry in a planted area, such as a garden, that is larger than 5000 square amot and it forbids carrying in the whole eruv. Whether it applies to our cities is a discussion. Some poskim are lenient since relative to the whole city it is insignificant.<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=686&pgnum=174 Dvar Shmuel 259] writes that a garden in a city is not considered a karpef to forbid carrying in the city. He has 3 reasons: 1) Plants only make the area where they're planted forbidden if they're planted in a karpef, storage area for wood, but not in a city. A city which has a lot of people dwelling there, isn't nullified by a relatively small area of plants. 2) The plants which are made for temporary purposes isn't a karpef. Also, an area set aside for protection of the city isn't a karpef since it is meant to function as part of the city. 3) Making an eruv chatzerot permits a karpef. Chacham Tzvi 59 writes that although originally he disagreed with the Dvar Shmuel, later he defended it based on Rosh (Eruvin 2:2). Rosh isn't sure if the concept that plants nullify area of dirah, dwelling, is only true in a karpef or even in a chetzer. Also, perhaps even plants nullify dirah in a chetzer it wouldn't in a city. Biur Halacha 358:9 s.v. aval has difficulty with this Dvar Shmuel, though he seems like he agrees that it is an opinion to rely on in extenuating circumstance. Kaf Hachaim 358:84 quotes Maamer Mordechai who is strict, but also infers from Chida (Machzik Bracha 358:2) that he is lenient. See, however, Chida in [https://www.hebrewbooks.org/pdfpager.aspx?req=7733&st=&pgnum=39 Shiurei Bracha 358:1] who seems to have retracted and is strict. [https://www.hebrewbooks.org/pdfpager.aspx?req=14336&st=&pgnum=263 Chazon Ish OC 88:25] is strict. | |||
* Petach Hakarpef p. 48 quotes Dovev Meisharim who suggests that the Dvar Shmuel is only relevant to plants planted after the city was enclosed, similar to Rosh's discussion. However, Petach Hakarpef rejects this because the Dvar Shmuel himself didn't connect his nuance with the Rosh.</ref> The lenient view is only lenient if the garden is not enclosed with walls that are 10 tefachim wall. If the garden has walls it is considered its own area and doesn't forbid carrying in the city, but it is forbidden to carry in it.<reF>Bet Meir 358, Biur Halacha 358:9 s.v. aval</ref> | |||
# A karpef that was enclosed for dwelling which was then filled with plants is no longer considered an area enclosed for dwelling since people don't walk on plants. If it is larger than 5000 square amot it is a karpef and forbidden to carry there. Also, any place adjacent to it and open to it is forbidden.<ref>Shulchan Aruch O.C. 358:9</ref> The same applies to plants in a yard that is considered not enclosed for dwelling.<Ref>Shulchan Aruch O.C. 358:10</ref> | |||
# A karpef that was enclosed for dwelling which was then filled with trees is still considered an area enclosed for dwelling since people like to walk beneath the shade of trees.<ref>Shulchan Aruch O.C. 358:9</ref> | |||
===Ponds and Lakes=== | |||
# A karpef that was enclosed for dwelling which was then filled with water that is 10 tefachim deep is no longer considered an area enclosed for dwelling, unless the water is drinkable.<ref>Shulchan Aruch O.C. 358:11</ref> | |||
==Defining the act of carrying== | ==Defining the act of carrying== | ||
