Carrying from One Domain to Another
11. It is forbidden to draw water on Shabbos from a stream that flows through one's courtyard (1).
(1) This prohibition applies only to a stream that is at least ten
"tefachim" deep (approx.95cm) and at least four "tefachim" wide (approx.
37cm), because a stream of those dimensions is considered a separate
domain, and is defined as a "carmelis" (See HY 81:4); therefore, one may
not transfer water from it to the courtyard, which is a private domain. If,
however, the stream was either less than ten "tefachim" deep or less than
four "tefachim" wide, one may draw water from it, because it is considered
part of the courtyard, and not a separate entity. Furthermore, if the
stream is not flowing in from the outside, but is a self-contained pool
within the courtyard, it is considered part of the courtyard, even if it is
over ten "tefachim" deep, and more than four "tefachim" wide.
The solution to this problem is to build a partition ("Mechitzah") at least
ten "tefachim" high at both the place where the stream enters the
courtyard, and the place where it exits; the partitions serve to
halachically separate between the part of the stream which exists outside
the courtyard walls, and the part within the walls; as a result, the
section of the stream within the walls is considered part of the courtyard,
and not a separate entity; one may then draw water from it on Shabbos. The
actual walls of the courtyard itself, are not sufficient to perform this
separation, even if they extend down into the water, because it has to be
clear that the partitions were built specifically for separating between
the different sections of the stream.
Halacha-Yomi, Copyright (c) 2002 Project Genesis, Inc.
VAYECHI AND ASARA BETEVES:
An Avoidable Siege
Rabbi Yehudah Prero - 5774
God's Judgement of Our Intentions
Rabbi Berel Wein - 5765
For Shame or Pride
Rabbi Aron Tendler - 5766
Living for Tomorrow
Rabbi Pinchas Winston - 5759
The End of Days
Rabbi Label Lam - 5764
Blessings Are "Between Man and His Fellowman"
Rabbi Yissocher Frand - 5767
Jews Are Named For Judah
Rabbi Yissocher Frand - 5770
Shlomo Katz - 5774
Rabbi Berel Wein - 5766
Private Conferences in Public
Rabbi Yissocher Frand - 5756
Worthy of a "Zechus Torah"
Rabbi Label Lam - 5771
Let Me Explain...
Rabbi Eliyahu Hoffmann - 5760
Life After Death
Rabbi Pinchas Winston - 5761
Supply Side Diplomatics
Rabbi Mordechai Kamenetzky - 5762
Rabbi Dovid Green - 5758
Hope in a Box
Rabbi Mordechai Kamenetzky - 5757