Curb Your Dog TB Shabbat 7

Today’s daf TB Shabbat 7 continues to refine the definitions of the private domain, the public domain, and the carmelit. They all need to be at least four tephachim by fout tephachim. A private domain has no ceiling meaning it can be as high as the sky. Both a public domain and a carmelit has a ceiling of only 10 tephachim. The public domain is not only a large area, but also has a large flow traffic. The carmelit is a large area but people generally don;t walk there. A carmelit can abut a public domain. the Talmud gives this example.


“Similarly, when Rav Dimi came from Eretz Yisrael to Babylonia, he said that Rabbi Yo?anan said: Between the pillars alongside the public domain is judged like a karmelit. What is the reason for this? Although the multitudes stride there, since they cannot walk in it in a direct manner, uninterrupted, it is considered like a karmelit. Rabbi Zeira said that Rav Yehuda said: The same is true for the bench that is before the pillars upon which the merchants place their wares; it is judged to be like a karmelit.” (Sefaria.com translation)


The Gemara explores the case where something that is not four tephachim by four tephacim, in a public domain, and people avoid walking on it. Is that object part of the public domain or not?


“It was Abaye and Rava, who both said: And that is specifically when that brick is at least three handbreadths high, as then the multitudes do not step on it, and, therefore, even though the brick is standing in the public domain, it is considered an independent domain. However, thorns and shrubs, even though they are not three handbreadths high, are not considered part of the public domain. Since people do not walk on thorns, those areas cannot be considered part of the public domain. And Hiyya bar Rav said: Even the place where there are thorns and shrubs in the public domain, if they were low, the place is considered part of the public domain. However, a place in the public domain where there are feces is not considered part of the public domain, as people do not walk there. And Rav Ashi said: Even a place in the public domain where there are feces is considered part of the public domain, since ultimately people who are rushing to work do not take care to avoid it and will step on it.” (Sefaria.org translation)


The Shulchan Aruch poskins according to Rav Ashi. “If an object that is in the public domain is not (three) tefachim tall, even if it is thorns or dung such that people will not step on them, it is likened to the ground and considered the public domain.” Shulchan Aruch Orech Chayim 345: 10 (Sefaria.org translation)


Where and when you can’t pick up after your dog on Shabbat at least curb yor pet.