Building a partition on Shabbos

If a Jew mistakenly erected a partition on Shabbos, it is still considered a valid partition in order to permit carrying. The same holds true of a non-Jew who created the partition. If, however, a Jew knowingly built it on Shabbos, it is not valid. According to some opinions the person who built the partition may never rely on it for the rest of his life. A Jew who saw another Jew mistakenly build a partition on Shabbos, and did not protest his actions may not rely on the partition for the rest of Shabbos. [ שו"ע שסב, ג, ומשנ"ב יח-יט; ביאורים ומוספים דרשו, 8; וראה שו"ע שטו, א, ומשנ"ב ד]

Fixing a fallen partition on Shabbos

It is forbidden to instruct a non-Jew to do any melacha-both mid’oraisa and mid’rabonon on Shabbos. There is a minority opinion that allows asking a non-Jew to do a melacha mid’oraisa for the sake of an important mitzvah, such as lighting a candle in order not to eat a Shabbos meal in complete darkness. Generally, we do not rely on this opinion. However, if a partition falls on Shabbos which would cause many people to violate the prohibition of carrying, one may ask a non-Jew to fix the partition even if it may entail a melacha mid’oraisa. [ ביה"ל שסב, ב ד"ה מחיצה; ביאורים ומוספים דרשו, 10; בהרחבה ע"פ המקור]

Carrying on a boat

A boat that has walls which are a height of at least ten tefachim has the status of a reshus hayachid. A section of the outside wall may be submerged under water. If the boat has separate compartments for individual people, these people must join together with an eiruv chatzeiros before Shabbos in order to permit carrying on the boat. A boat with walls that are less than ten tefachim has the status of a karmelis. [ שו"ע שסב, ג, ומשנ"ב כז; ביאורים ומוספים דרשו, 11]

A partition must be sturdy enough to withstand ordinary winds. According to some Rishonim one may carry in a large enclosure if it is covered by a roof, even though it is not designated for residence. A pile of dirt that is ten tefachim high and has an area of at least four tefachim has the status of a reshus hayachid.

A human wall Knowingly creating a human wall A moving human wall

PLEASE NOTE: The information in this email is for learning purposes only. Please review the Mishna Berura and Biurim U'Musafim before making a halachic decision. Hebrew words are occasionally transliterated to enable a smoother reading of the text. Common Ashkenazi pronunciation is generally used in these cases.

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