IF A LARGE ROOF WAS CLOSE TO A
SMALLER ROOF THE USE OF THE LARGER ONE IS PERMITTED BUT THAT OF THE LESSER ONE
IS FORBIDDEN.
IF THE FULL WIDTH OF A WALL OF A SMALL
COURTYARD WAS BROKEN DOWN SO THAT THE YARD FULLY OPENED INTO A LARGE COURTYARD,
THE USE OF THE LARGER ONE IS PERMITTED, BUT THAT OF THE SMALLER ONE IS
FORBIDDEN, BECAUSE THE GAP IS REGARDED AS A DOORWAY TO THE FORMER.
A few cases are given here to prove the point. For example:
If a woman was in the larger one,
and her get (written bill of divorce) was in the lesser one she is
divorced thereby; but if the woman was in the lesser one and her get in
the larger, she is not divorced.
Divorce is legally effected by the delivery of a written
bill from the man to the woman. Being in proximity within the same “domain”
constitutes delivery. A woman in a small courtyard which opened into a larger
one which contains the bill is not divorced.
If a congregation was in the larger one and
the shaliyach tzibur (prayer Reader) in the lesser one, they have dully
performed their duty (of prayer), but if the congregation was in the lesser one
and the Reader in the larger one they have not performed their duty.
If nine men were in the larger
courtyard and one was in the lesser one they may all be combined, (to form a minyan)
but if nine men were in the lesser one and one man in the larger one they may
not be combined.
The big fish eats the little fish. Not the other way around.
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