Shulchan Aruch: Chapter 403 - The Laws Applying to a Group of Fields that Non-Jews Enclosed [on Shabbos]

SECTION 403 The Laws Applying to a Group of Fields that Non-Jews Enclosed [on Shabbos] (1)

1 [The following laws apply when a person] spent Shabbos in a group of fields and non-Jews enclosed [the area] on Shabbos with partitions erected for the purpose of habitation:1 True, [the enclosure] is deemed a private domain in a complete sense with regard to [the license to] carry [inside of it], for whenever a partition is erected on Shabbos unknowingly, it is deemed a [valid] partition;2 how much more so is this true when the partition was erected by non-Jews.3 Nevertheless, [in an instance] where the [enclosed] area is larger than 2000 [cubits], the person may only proceed 2000 [cubits] within [the enclosed area] from the place defined as his Shabbos place, for these partitions are not effective in causing the entire enclosure to be considered as four cubits. [The rationale is that the person] was not located in an area encompassed by these partitions at the commencement of the Shabbos, and he did not establish his Shabbos place inside them, because when the holiness of the day took effect, these partitions did not exist. [Hence,] at that time, [the limits of] his Shabbos place were not established as extending beyond 2000 [cubits].

The situation does not resemble one in which a person was taken beyond his Shabbos limits by non-Jews, in which instance, he may not proceed beyond four cubits.4

It is permitted to [transfer articles] within the entire [enclosure, if the person does so] by throwing [the article],5 for [the person] may throw an article even beyond the 2000 [cubits comprising his Shabbos limits].6

[There is a difference of opinion among the halachic authorities with regard to carrying] within these 2000 [cubits]. The opinion of Rabbeinu Yitzchak (Ri) as cited by Tosafos is that when one carries [in an ordinary manner], one may only carry within four cubits, for with regard to carrying in an ordinary manner, it is considered as [if one is carrying in an enclosed area] that is breached to an area where it is forbidden [to carry].7

Turei Zahav,8by contrast, maintains that this does not resemble carrying [in an enclosed area] that is breached to an area where it is forbidden to carry, because, [in this instance, there is] a prohibition against carrying [in an ordinary manner] beyond 2000 [cubits] only because [the person] is not permitted to walk [in that area] and carry. However, there is no prohibition against carrying [in that area] in and of itself, for the enclosure is a private domain in a complete sense. Therefore, [the additional area] does not cause it to be forbidden [for the person to carry in the 2000 cubits] in which he may walk and which are open to [the area beyond the person’s Shabbos limits]. Therefore, [the person] is permitted to carry [in the area within his Shabbos limits], since were he to be permitted to walk beyond the 2000 [cubits], he would also be permitted to carry from that area. One may rely on these words and rule leniently [since the matter concerns] a point of Rabbinic Law.