Shulchan Arukh Orach Chayim · Siman 381

Shulchan Arukh Orach Chayim 381 — English translation

Translation: Sefaria Community Translation. Section numbers match the Hebrew text above.

1. 1Laws of one who renounced his domain and then carried anyway. Containing 7 paragraphs: One who renounced his domain and afterward carried from his house to the courtyard inadvertently does not restrict. If he did so deliberately he restricts, since he thereby retracts his renunciation. But if they had already taken possession meaning they carried from their houses to the courtyard or brought in from the courtyard to their houses he can no longer retract his renunciation. According to Rashi, taking possession is only effective if it occurred after nightfall.
2. 2Renunciation of domain applies from courtyard to courtyard as well. Whether two courtyards with an opening between them where each made its own eruv and they did not make a joint eruv — each one may renounce its domain to the other, making it permitted to use it, but not the reverse. Or whether two courtyards one inside the other where only the outer one made an eruv and the inner one restricts the outer — the inner one may renounce its domain to the outer so that it neither uses nor passes through it except when it needs to exit, and the outer one will be permitted. Or if they made a joint eruv and placed it in the outer one and one person from the inner one forgot and did not make an eruv — he may renounce his domain, meaning he renounces to each member of the inner courtyard and to each member of the outer courtyard, leaving only himself forbidden while all the others are permitted.
3. 3Renunciation of domain applies in a ruin as well — if there were two houses with a ruin between them belonging to both, and they forgot and did not make an eruv, one may renounce his domain to the other and the other will be permitted in it.
4. 4Renunciation of domain applies from house to house — if there were two houses with an opening between them and they did not make an eruv, one may renounce his domain to the other. Even the one who renounced is permitted to carry from his house to his fellow's house, but he cannot carry from his fellow's house to his own house, since that would be reclaiming the domain he renounced. Similarly, if he has a room opening into his house and he renounced the domain of his house, he is forbidden to carry from the room into his house. Rema: Some say one may only renounce from house to house if he retains one room for himself that he did not renounce, in which case he is permitted to bring in even from his fellow's house to his own. It is good to be stringent about this at the outset. (Beit Yosef in the name of Rabbeinu Yerucham, Rabbeinu Tam and Hagahot Maimoni Perek 2 in Hilchot Eiruvin
5. 5Two houses on two sides of a public domain that non-Jews enclosed with a partition on Shabbat, creating something like a courtyard to which both houses open, making them restrict one another — they cannot renounce domain to each other.
6. 6An inheritor may renounce domain — if the deceased had not made an eruv and died on Shabbat and the inheritor comes to live in the courtyard and restricts, he may renounce his domain.
7. 7One may renounce and renounce again — meaning the residents of one courtyard renounce their domain to the residents of another courtyard or to one of its members until they carry out whatever they wish, and then those others renounce back to the first ones until they too carry out whatever they wish.

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