Commentary for Eruvin 168:4

אלא אפילו עשו לעליונה ולא עשו לתחתונה סד"א כיון דלזה בנחת ולזה בקשה ליתביה לזה שתשמישו בנחת קמ"ל כיון דבגו עשרה קיימין אסרן אהדדי

Not only where a partition was made for the lower one and none for the upper one are both forbidden, since, owing to the fact that they are situated with tell handbreadths from each other, their tenants impose restrictions upon each other, but even where the partition was made for the upper, and none was made for the lower,<span class="x" onmousemove="('comment',' So that the tenants of the former use it by lowering and the tenants of the latter use it by thrusting.');">¹³</span> in which case it might have been assumed that, owing to the fact that its use is convenient for the former and difficult for the latter, it should be assigned to those to whom i use is convenient,<span class="x" onmousemove="('comment',' In agreement with Samuel.');">¹⁴</span> hence we were informed that, since they are situated within ten handbreadths from, they also impose restrictions upon each other;<span class="x" onmousemove="('comment',' Thus indicating that in such a case the manner of use is of no consequence.');">¹⁵</span> as is the ruling in the case R'Nahman cited in the name of Samuel: If a roof<span class="x" onmousemove="('comment',' That was less than ten handbreadths high (cf. R. Tam in Tosaf. a.l. whose interpretation is here followed) .');">¹⁶</span>

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