Question
Harav Shalom:
I wonder if the term "Reshut Hayachid" is a defentioion, describing an area,
or if the term just describe Din of an area, depends on the context.
If "Reshut Hayachid" is a defention of an area, then I would assume that the same area would be called "Reshut Hayachid", no matter if we are dealing about Dinei Shabbat, Nezakim, or Tumeah.
How would I translate "Reshut Hayachid"? when I refer to Hilchot Shabbat, can I translate it "Private Domain"?
How would I translate "Reshut Hayachid" when I refer to Hilchot Nezakim, can I translate it "Private Property"? For example, if there is an area more than 4 tefachim by 4 tefachim (and less than Beit Sea’tayim), and the area is surrounded by four mechitzot, more than 10 tefachim hight, and the area does not belong to anyone, (or belong to the City), and there is a Safek Tumeah there, will I judge the Tumea as Tumea Bereshut Hayachid?
And if my Shor Hezik someone’s else shor in that area, would it be considered as Heizek Bereshut Hayachid, or Heizwk Bershut Harabim?
Also, can one, in Reshut Harabim, build mechitzot and create Reshut Hayachid?
Kol Tuv,
Aharon
Answer
The term reshut hayachid and its meaning differ depending on the context.
In regard to the laws of Shabbat it is the walls and size that count while in regard to monetary and legal laws it is the ownership that counts.
A place can therefore be reshut hayachid for Shabbat while for nezikin the same place is reshut harabim and vice versa.
