Daf HaYomi B'Halacha Daily Email - 21 Adar I/February 26

A large enclosed area

A karmelis is an open area that is not frequented by the public. Min haTorah, it is neither a reshus harabim nor a reshus hayachid . Chazal , however, forbade a person from carrying within a karmelis, treating it like a reshus harabim . Any fully enclosed area is a reshus hayachid min haTorah, regardless of its size or designation. Nevertheless, carrying is forbidden mi’drabonon if the area is larger than a bais sassayim and is not designated for a residence. Such an area is known as a karfeif .

[ שו"ע שנט, א, משנ"ב א, וביה"ל ד"ה רחבה ]

Carrying from a karfeif

i nto a karmelis

Chazal forbade carrying within a large enclosed area (larger than a bais sassayim) because it resembles a reshus harabim . They instituted that such an area should have the same rules as a karmelis . Even though min haTorah this type of area has the status of a reshus hayachid , carrying from there into another karmelis is permissible. Chazal permitted this in order to reinforce the idea that the enclosure has the halachos of a karfeif .

[ שו"ע שנט, א, וביה"ל ד"ה רחבה; שו"ע שמו, ג, ומשנ"ב טז-יז ]

A lot in the back of a house

The following rules pertain to an enclosure that is exactly the size of a bais sassayim : 1) It is permissible to carry within its confines, but it is forbidden to carry into a karfeif that is larger than a bais sassayim or a karmelis , and 2) It is forbidden to carry from the enclosure into a house that borders the enclosure, even if they are both owned by the same person. Some Rishonim disagree with this rule and allow carrying into a house that is owned by the same person. One may be lenient under pressing circumstances. These rules apply if the enclosure is not designated for residential purposes. However, a lot in the back of a house is generally enclosed for residential purposes, and in those circumstances it would be permissible to carry within its confines and into the house.

[ משנ"ב שנט, ג, וביה"ל א ד"ה רחבה; ביאורים ומוספים דרשו, 2 ;ביה"ל שנח, ט ד"ה קרפף ]

There is a Talmudic concept known as pi tikrah yored visoseim, in which the edge of a roof can extend downwards in order to create a halachically valid fence.

If a wall separating a karfeif and a courtyard has a break in it that is greater than ten amos, carrying would be forbidden in both enclosures.

Carrying in a temporary enclosure

An inferior enclosure for three people

Defining an inferior enclosure

PLEASE NOTE: The information in this email is for learning purposes only. Please review the Mishna Berura and Biurim U'Musafim before making a halachic decision. Hebrew words are occasionally transliterated to enable a smoother reading of the text. Common Ashkenazi pronunciation is generally used in these cases.