סימן צד סעיף א
שְׁנֵי יִשְׂרְאֵלִים אוֹ יוֹתֵר הַדָּרִים בֶּחָצֵר אַחַת, כָּל אֶחָד בְּחֶדֶר בִּפְנֵי עַצְמוֹ, אָסוּר לְטַלְטֵל לֹא מִן הַבָּתִים לֶחָצֵר, וְלֹא מִן הֶחָצֵר לַבָּתִים וְלֹא מִבַּיִת לְבָיִת. וַאֲפִלּוּ בְּלֹא דֶּרֶךְ הֶחָצֵר, כְּגוֹן שֶׁיֵּשׁ פֶּתַח אוֹ חַלּוֹן בֵּין בֵּיתוֹ שֶׁל זֶה לְבֵיתוֹ שֶׁל זֶה, אֲסוּרִין לְטַלְטֵל דֶּרֶךְ שָׁם (עַיֵּן מגן אברהם סִימָן שס"ו סָעִיף קטן א). וּמִצְוָה עֲלֵיהֶם לַעֲשׂוֹת עֵרוּבֵי חֲצֵרוֹת, שֶׁלֹּא יָבֹאוּ לִידֵי מִכְשׁוֹל (שס"ו).
Introductory Remarks to Chapter 94
Houses usually were arranged in this fashion with endless variations:
Throughout these halachos, when reference is made to people living in a courtyard, it means people living in the houses that open to the courtyard. In order to carry from the houses into the courtyard, all residents had to join in making an eiruv. This is a rabbinical ordinance instituted by King Solomon and his Court. Sometimes courtyards were adjoining each other, having only one exit to the street, (as illustrated):
and sometimes each courtyard had its own exit to the street. There are halachos of eiruv pertaining to such situations. When the halachah refers to an alley, it denotes an area into which two or more courtyards exit. See illustration.
In order to carry in the alley, many requirements must be fulfilled. The halachos are complex and not discussed in the Kitzur Shulchan Aruch. However, mention is made of partnership in the alley. This is achieved when all the inhabitants of the courtyard that exit into the alley jointly make a special eiruv, the details of which are not discussed in the Kitzur Shulchan Aruch, but at times will be referred to in the footnotes.
Two or more Jews who reside in one courtyard, each living in his own apartment, are forbidden to carry1This is a Rabbinic decree enacted by King Solomon and his Court for fear that a person will carry out from a private domain to a public domain. [Tur 366] See Maseches Eiruvin 21a; Rambam, Eiruvin 1: 2 and Bach 366—Rav Hai Gaon. from the house into the courtyard, or from the courtyard into the house. It is also forbidden to carry from2A common application of this rule is that it is forbidden to carry from your apartment into the hall of the apartment building if there is another Jew living in that building, unless you make an eiruv chatzeiros. one house into the other, even without passing through the courtyard, as for example, when there is a door or a window between one house and the other house.3Even through a non-Jew except for a mitzvah or for indispensable Shabbos needs. [Avkas Rochel (29)] It is a mitzvah for them to make an eiruvei chatzeiros, so that they do not fall into transgression.4I.e. of carrying from a private domain to a public domain.
תנא דבי אליהו כל השונה הלכות בכל יום מובטח לו שהוא בן העולם הבא שנאמר הליכות עולם לו אל תקרי הליכות אלא הלכות (נדה ע"ג.)