The Definition of a Makom Petur

The Definition of a Makom Petur

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In this article we will define what a reshut petur is. This is a basic concept for one who studies the laws of carrying on Shabbat. This article comes to provide the learner with the full set of tools for defining what constitutes a makom petur. In separate but corresponding articles we will define what a reshut hayachid is, what a reshut harabim is, and what a karmelit is. Makom petur is a concept less familiar to some readers, but in practice it is very practical, as it allows one to place or take various items in a place where there is no eruv. It is important to know it thoroughly, and this is what we will do in the following article.

What is a makom petur?

There are two types of makom petur:

a. Above 10 tefachim in a karmelit or in a reshut harabim; regarding such a place, the prohibitions of Shabbat were not stated.

b. A narrow place that is not 4 tefachim wide.

For example, it is permitted to place items on top of a railing at the side of a reshut harabim, and likewise to take items from there, in two scenarios: either the railing is 4 tefachim wide but is higher than 10 tefachim, or the railing is indeed lower than 10 tefachim, but it is narrow and not 4 tefachim wide, even if the railing extends along the reshut harabim for several kilometers. However, if the railing is 4 tefachim wide and is at a height of 10 tefachim or lower, there is no permission to place anything on it or to take anything from it. [In some cases because it is a reshut harabim, and in some cases because it is a karmelit].

A makom petur requires several conditions:

1. The place does not have a width of 4 tefachim, even if the length of the place is very long. This applies whether it is a narrow protrusion with space above it on which to place items, whether it is a narrow hole in the ground, or whether it is two adjacent partitions with a space between them of less than 4 tefachim. (Shulchan Aruch, Orach Chaim, siman 345, se’if 19; Mishnah Berurah, se’if katan 81).
2. The place is 3 tefachim away from the ground, whether it is elevated 3 tefachim above the ground or lower than the ground by 3 tefachim. However, a protrusion above the ground of less than 3 tefachim, or a hole less than 3 tefachim deep, is not a makom petur. (Shulchan Aruch, Orach Chaim, siman 345, se’if 19; Mishnah Berurah, se’if katan 83).
3. The place is located within a reshut harabim, or adjacent to the wall of a karmelit. If the place is within a karmelit, there is a dispute as to whether it becomes a makom petur. If the place is in a reshut hayachid, according to all opinions it is a reshut hayachid and not a reshut harabim. (Rema, Orach Chaim, siman 345, se’if 19; Biur Halachah, siman 345, se’if 17, s.v. Chorei). In practical halachah it was ruled that in a karmelit there is no makom petur; however, in pressing circumstances one may be lenient in accordance with the opinion of those who permit and hold that there is a makom petur even in the middle of a karmelit. (Mishnah Berurah, siman 345, se’if katan 87; Biur Halachah, siman 345, se’if 19, s.v. VeYesh). [See Biur Halachah (siman 346, se’if 1, s.v. Bireshuyot), whose words imply that even adjacent to a wall it does not become a makom petur according to those who prohibit, unlike what he wrote above. This requires further examination]. If the makom petur is higher than 10 tefachim, even though it is in a karmelit, it is a makom petur. (Biur Halachah, siman 346, se’if 1, s.v. Bireshuyot).

In a case where there is a narrow space between two partitions that does not have a width of 4 tefachim, but together with the thickness of the partitions there are 4 tefachim, and in a case where, if one were to place a board on top of the partitions, it could be used, nevertheless it is

What is the law when there is no space of 4 tefachim?

The need for a place of 4 tefachim is because the place must be fit for use. Therefore, in a case where there is no space of 4 tefachim between the partitions, but when the thickness of the partitions is added there are 4 tefachim, it is not a reshut hayachid, since this space cannot be used. However, regarding the airspace above this area, the Mishnah Berurah (siman 345, se’if katan 3) cites 3 opinions: a. The view of most poskim is that even the airspace above this place is not considered a reshut hayachid. b. Rashi and additional Rishonim maintain that although the area between the partitions is a makom petur and not a reshut hayachid, the airspace above the partitions has the status of a reshut hayachid. c. The view of the Eliyah Rabbah (siman 345, se’if katan 3) is that the matter depends on whether the partitions are thin, such that they cannot be used to place a shelf or the like upon them; in that case it is a makom petur and not a reshut hayachid. However, if the partitions are thick and one can make use of the partitions by placing a board over them, the airspace above the partitions has the status of a reshut hayachid.

Shulchan Aruch (Orach Chaim, siman 345).