603. Planting in a Courtyard

83:4 If an area was originally enclosed by partitions not to serve as a dwelling, but later a house was built there, or a doorway was opened from the house to the enclosed area, one must change the area’s status to enclosed to serve as a dwelling. This is done by making a gap of more than ten cubits in the partitions, which is considered a breach rather than a doorway. This nullifies the partitions so that when one closes the gap, it is considered enclosing the area to serve as a dwelling.

83:5 If one plants trees even in the greater part of a courtyard that is larger than two seah, it does not affect the courtyard’s status as an area enclosed to serve as a dwelling. This is because it is normal for a person to relax under the shade of trees. However, if one planted seeds in the courtyard and they cover the greater part of it, even if they are not in one place but distributed throughout, this cancels the courtyard’s status as enclosed for dwelling. The entire courtyard is then considered as a garden. If the planted area is the lesser portion of the courtyard (or exactly half – Mishnah Brurah 358:69) and smaller than two seah, then the plants have no effect and the entire area retains the status of a courtyard. If a planted area is larger than two seah in one place, then it is considered a carmelis and the rest of the courtyard is considered as if it were breached by the planted area and it is forbidden to carry more than four cubits there.

Relief for the Jewish Community of Houston - Donate Now