Shulchan Aruch: Chapter 388 - The Laws [that Apply When the Residents of] Courtyards Did Not Establish Eruvin, Nor was a Shituf Established for a Lane

SECTION 388 The Laws [that Apply When the Residents of] Courtyards Did Not Establish Eruvin, Nor was a Shituf Established for a Lane (1)

1 The entire [provision of a] shituf was instituted solely to enable articles that were located in homes at the commencement of the Shabbos to be brought into [the lane]. By contrast, [even if a shituf was not established,] articles that were located in [the lane] or in the courtyards [i.e., outside the homes] at the commencement of the Shabbos may be carried [in the lane]1 for more than four cubits, and [likewise, such articles] may be brought from [the lane] to the courtyards,2 provided they are not brought into the homes [in the courtyard.3 This restriction applies] even if [the residents of] the homes in the courtyard established a common eruv.4

[The license granted above applies] provided the lane has been modified with a lechi or a beam5 as required by law. [In such an instance, the lane] is not deemed a karmelis6 even though [its residents] did not establish a shituf.7 [Instead, the lane] is deemed as one domain with regard to the courtyards vis-à-vis the articles located in them at the commencement of the Shabbos, whether or not [the residents of] the courtyards established eruvin among themselves.

When articles that were located in homes at the commencement of the Shabbos were taken out to a lane for which a shituf was not established8 or to a courtyard for which an eruv was not established, [doing so in a permitted manner] by wearing [the articles] as a garment,9 or [doing so] in violation [of the Shabbos prohibitions, the articles] may be carried there for more than four cubits.10 It is, however, forbidden to take [such articles] from a courtyard to a lane or [from a lane to a courtyard], as stated in sec. 372[:1].11