Commentary for Eruvin 39:19

מותר להקריב לבאר וכו': תנן התם לא יעמוד אדם ברשות הרבים וישתה ברשות היחיד ברשות היחיד וישתה ברשות הרבים אלא אם כן מכניס ראשו ורובו למקום שהוא שותה

But [this, it may be contended, was already] once said [by] R'Eleazar. For have we not learnt: R'Judah ruled: If a public road cuts through then,<span class="x" onmousemove="('comment',' The boards around a well.');">⁴⁰</span> it should be diverted to [one of the] sides,<span class="x" onmousemove="('comment',' Since, otherwise, the validity of the enclosure as a private domain would be destroyed on account of the public road.');">⁴¹</span> and the Sages ruled: This was not necessary;<span class="x" onmousemove="('comment',' Shab. 6b, infra 22a.');">⁴²</span> and both R'Johanan and R'Eleazar remarked: Here they<span class="x" onmousemove="('comment',' So MS.M. and Rashi. Cur. edd. 'he etc.'');">⁴³</span> informed you of the unassailable validity<span class="x" onmousemove="('comment',' Lit., 'their strength'.');">⁴⁴</span> of partitions?<span class="x" onmousemove="('comment',' Infra 22a; which even the crossing by many people does not affect. Why then should R. Eleazar repeat the same principle?');">⁴⁵</span> - If [the principle had to be derived] from there<span class="x" onmousemove="('comment',' The statement attributed to R. Johanan and R. Eleazar.');">⁴⁶</span> it might have been presumed that only 'Here [etc.]';<span class="x" onmousemove="('comment',' Sc. that R. Eleazar was merely pointing out the implication of the view of the Sages.');">⁴⁷</span> but that he himself is not of the same opinion; hence we were told<span class="x" onmousemove="('comment',' By his ruling here.');">⁴⁸</span> [that not only] 'Here [etc.],' but he himself also is of the same opinion. Then why did he not state this ruling and there would have been no need for the other?<span class="x" onmousemove="('comment',' 'Here etc.'');">⁴⁹</span> - The one was derived from the other. IT IS PERMITTED TO BRING [THE STRIPS] CLOSE TO THE WELL etc. Elsewhere we learned: A man must not stand in a public domain and drink in a private domain, or in a private one and drink in a public one, unless he puts his head and the greater part of his body into the domain in which he drinks,

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