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Chapter 83:6
Areas Enclosed by Partitions

6. If one sowed vegetable seeds in part of a courtyard with an area of "Bais So'sayim" or less, the status of the courtyard is determined by what the larger part of the area is used for. If the larger part was sown, even though one is permitted to carry within it because its area is less than "Bais So'sayim," one may not bring objects that were left in an [adjoining] house into it (1). To prevent this difficulty, one should erect a fence in front of the garden, and it will be permitted to carry from the house into the courtyard (2).


(1) It should be noted that there are two issues involved here:

a) Carrying within a private domain, which is determined by its size, and whether or not it was enclosed for dwelling purposes.

b) Transferring objects which were in the house at the beginning of Shabbos into a place that does not have the status of "enclosed for dwelling," and vice versa (See HY 83:3).

In today's halacha, most of the courtyard has been sown, and therefore the entire courtyard loses the status of "enclosed for dwelling" and is considered a garden; as a result, one may not carry objects that were in the house when Shabbos began, into it, and vice versa. However, since its area does not exceed "Bais So'sayim" one is permitted to carry within the sown area and remaining courtyard.

(2) Erecting a fence, separates between the garden and the courtyard, and even though the garden takes up the majority of the courtyard, it no longer has the power to nullify its status of "enclosed for dwelling."

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