If people live in a common courtyard, it is similar to a street, so as a reminder for the kids, the Sages told to collect common food, put it in one of the houses, and thus make everyone as one family – and that makes carrying things in the courtyard permissible.
However, even if they did not do so, there is still a device they can use: one of them, who has not joined the eruv, can give away his rights in the courtyard so that he does not prohibit the others to carry. Even if all did not join the eruv, they can all give their rights to one of them, and be permitted to carry.
However, Shmuel formulated three rules which sound like “if they forbid – they can make an eruv,” and which teach that giving away the rights is only a dispensation given when necessary and if, had the eruv been made, it would have been effective.
Art: A Spanish Courtyard by Enrique Roldan
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