Commentary for Eruvin 175:9

אמר רבה א"ר חייא ורב יוסף אמר רבי אושעיא יש גזל בשבת וחורבה מחזיר לבעלים

[the use of] the upper one<span class="x" onmousemove="('comment',' By those on it.');">¹⁹</span> is permitted, since Rab follows his principle, having laid down that no man imposes restrictions upon another through the air.<span class="x" onmousemove="('comment',' Supra 85a; and, since the tenants of the lower balcony are unable to reach the hole in the upper one except through the intervening air space by thrusting their bucket into it, they cannot impose restrictions on the tenants of the upper one.');">²⁰</span> Rabbah stated in the name of R'Hiyya, and R'Joseph stated in the name of R'Oshaia: A robbery is valid in respect of a Sabbath domain<span class="x" onmousemove="('comment',' This is now assumed to mean that a person is permitted to seize for the Sabbath another person's ruin which, being near his house and neglected by its owner, he uses on weekdays, and that this seizure is valid so that even on the Sabbath he may move objects from his house into it and vice versa as if it had been his own property.');">²¹</span>

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