703. The Makom Patur

Shabbos 14:6

A pit in a carmelis (quasi-public domain) is also a carmelis even if it is 100 cubits deep (about 150 ft.) so long as it is not four handbreadths by four handbreadths (about 1’x1’). If a public domain is covered by a roof or is not sixteen cubits wide (abour 24’), it is a carmelis. A kiosk between the pillars of a public domain and the narrow space on the side of a public domain is a carmelis. The space between the pillars, however, is a public domain because lots of people walk there.

Shabbos 14:7

A makom patur (exempt area) is a space smaller than four handbreadths by four handbreadths (about 1’x1’) that is more than three handbreadths above the ground (about 9”), even if it reaches up to the sky. Lower than three handbreadths is considered ground level. Even thorns and excrement in the public domain would be a makom patur if they are higher than three handbreadths and less than four handbreadths by four handbreadths. Similarly, a trench less than four handbreadths by four handbreadths and more than three handbreadths deep is a makom patur even if it reaches the center of the earth, as is an area that is smaller than four handbreadths by four handbreadths, more than three handbreadths high, and surrounded by walls. Even if the area is hundreds of miles long, if the width is even the tiniest fraction less than four handbreadths wide and it is three handbreadths high, it is a makom patur. The space above a public domain or a carmelis over ten handbreadths high is also a makom patur.