Shulchan Aruch: Chapter 354 - The Laws that Apply To a Cistern and a Rubbish Dump Located in a Public Domain

SECTION 354 The Laws that Apply To a Cistern and a Rubbish Dump Located in a Public Domain (1-3)

1 It is permitted to draw water into a private domain from a cistern located in a public domain, which is situated within four handbreadths of that private domain.1 [The rationale is that] the cistern is also deemed a private domain, for it is ten [handbreadths] deep and four [handbreadths by four handbreadths] in area. Thus, the person will be transferring [the water] from one private domain to another private domain via a makom p’tur. The space between [the private domain and the cistern] is deemed a makom p’tur, because it is less than four [handbreadths by four handbreadths] in area.

True, generally, a space [with an area of] less than four [handbreadths] by four [handbreadths] in a public domain is not deemed a makom p’tur, unless it is more than three handbreadths above the ground. By contrast, if [the space] is within three [handbreadths of the ground], it is [part of] the public domain because people at large tread upon it. Nevertheless, people at large will not pass through the space between the cistern and the private domain,2 because [that space] is not easily accessible, since it is not four handbreadths wide. [Hence, it is not considered as part of the public domain. See fig. 42.]

If, however, the [space between the cistern and the private domain] is four [handbreadths] wide, it is [deemed as part of] the public domain3 and one may not [draw water] from this cistern to the private domain next to it, unless the cistern has a barrier ten handbreadths high around it. In such an instance, it is permitted to draw [water] from [the cistern] to a private domain via a window that is [at least] ten handbreadths above [ground level. License is granted] because while the bucket is passing [over] the barrier [from the cistern] to the window [through the space above] the public domain, it is passing more than ten [handbreadths above the ground, i.e., it is passing through a space] that is a makom p’tur.

[The above applies] provided the cistern and the private domain are not in the same row with the length of the public domain [intervening] between them,4 but rather [they are on opposite sides and separated by] the width of the public domain, as explained in sec. 347[:10].

If, however, the barrier [around the cistern] is less than ten [handbreadths] high, it is forbidden to [draw water from it], even from a window that is ten [handbreadths] above [ground level. See fig. 43. The rationale is that] the bucket passes within ten [handbreadths of the ground], which is the open space of the public domain. [Doing so] is forbidden even though the other end of the rope tied to the bucket is in his hand,5 as explained in sec. 352[:4]. If, however, a karmelis [intervenes between the cistern and the private domain, drawing water] in such a manner is permitted, as explained in that source.6

2 When there is a rubbish dump in a public domain that is ten [handbreadths] high and four [handbreadths by four handbreadths] wide, it is permitted to throw [items] into it from a private domain7 that is within four handbreadths of [the rubbish dump], or from a window that is ten handbreadths above ground level, as explained [above]. There is no need for concern that perhaps the item that [the person] threw into [the rubbish dump] will roll into the public domain, and he will bring it [back into the private domain],8 because one only throws items into a rubbish dump when he has no [further] use for them at all.

3 When does the above apply? When one throws [the item] into a communal rubbish dump. If, however, the rubbish dump [is utilized only by] a private individual, it is forbidden to throw anything into it from the public domain.9 [The rationale is that] it is common practice for a private individual to [totally] clear out his rubbish dump. Thus, [it is possible that one] will throw [items] to that place as he was accustomed to doing even after the rubbish dump was cleared out. Consequently, [the person] will be throwing [the garbage] into the public domain. (Even [if the private rubbish dump is located] in a karmelis, it is forbidden [to throw items into it on Shabbos].)