Eruvin 167

בני עלייה ומאי קרו לה מרפסת דקסלקי במרפסת אלמא כל לזה בשלשול ולזה בזריקה נותנין אותו לזה שבשלשול

was meant the tenants of an upper storey<span class="x" onmousemove="('comment',' Whose quarters are on a higher level than the balcony and consequently are also higher than a mound of the height of ten handbreadths or any similar eminence in the courtyard.');">¹</span> and that the reason why they are described as the<span class="x" onmousemove="('comment',' Lit., 'and why (cf. Bah) do they call it'.');">²</span> GALLERY IS because they ascend to their quarters by way of the gallery, does it not clearly follow<span class="x" onmousemove="('comment',' Since the tenants of the upper storey may, and the tenants of the courtyard may not use the eminence.');">³</span>

כדאמר רב הונא לאותן הדרים במרפסת ה"נ לאותן הדרין במרפסת

that any area that is accessible to one<span class="x" onmousemove="('comment',' As, in this case, the tenants of the upper storey.');">⁴</span> by means of lowering and to the other<span class="x" onmousemove="('comment',' In this case the tenants of the courtyard.');">⁵</span> by means of throwing up is assigned to the one who uses it by means of lowering? - As R'Huna explains [below that the reference is] to those who dwelt on the gallery so [it may] also here [be explained that the reference is] to those who dwelt on the gallery.<span class="x" onmousemove="('comment',' An eminence of the height of ten handbreadths in the courtyard would thus be either on a level with their quarters or slightly higher or lower, but always by no more than ten handbreadths (cf. infra n. 10) .');">⁶</span>

אי הכי אימא סיפא פחות מכאן לחצר אמאי לזה בפתח ולזה בפתח הוא

If so,<span class="x" onmousemove="('comment',' That GALLERY designates the tenants who dwell on it.');">⁷</span> read the final clause: AND ANY LOWER LEVEL BELONGS TO THE COURTYARD; but why,<span class="x" onmousemove="('comment',' Should it be assigned to the courtyard.');">⁸</span> Seeing that it is easily accessible to both?<span class="x" onmousemove="('comment',' To the gallery (which is usually not higher than ten handbreadths) as well as to the courtyard. Since both groups of tenants can have easy access to it restrictions on its use should be mutually imposed.');">⁹</span>

מאי לחצר אף לחצר ושניהן אסורין

- The meaning of TO THE COURTYARD is to the courtyard also, and both<span class="x" onmousemove="('comment',' The tenants of the courtyard as well as those of the gallery.');">¹⁰</span> are forbidden access to it. This<span class="x" onmousemove="('comment',' That TO THE COURTYARD means: Not only the tenants of the gallery but also those of the courtyard.');">¹¹</span>

ה"נ מסתברא מדקתני סיפא בד"א בסמוכה אבל במופלגת אפילו גבוה י' טפחים לחצר מאי לחצר אילימא לחצר ושרי אמאי רשותא דתרוייהו הוא

is also borne out by a process of reasoning, since in a subsequent clause It was stated: THIS, HOWEVER, APPLIES ONLY TO ONE THAT ADJOINS THE GALLERY, BUT ONE THAT IS REMOVED FROM IT, EVEN IF TEN HANDBREADTHS HIGH, BELONGS TO THE COURTYARD. For what could be the meaning of the phrase, TO THE COURTYARD? If it be suggested that the meaning is: To the courtyard and that its use is permitted, [it could be objected:].

אלא מאי לחצר אף לחצר ושניהן אסורין ה"נ מאי לחצר אף לחצר ושניהן אסורין ש"מ

Why, seeing that it is domain common to the two of them?<span class="x" onmousemove="('comment',' V. p. 583, n. 11.');">¹²</span> Consequently it must be admitted that<span class="x" onmousemove="('comment',' Lit., 'but what'.');">¹³</span> TO THE COURTYARD means: To the courtyard also and that both<span class="x" onmousemove="('comment',' V. p. 583, n. 11.');">¹²</span>

תנן חוליית הבור והסלע שהן גבוהין עשרה למרפסת פחות מכאן לחצר אמר רב הונא לאותן הדרים במרפסת

are forbidden access to it, so it should here also be explained that the meaning of the phrase, TO THE COURTYARD is: To the courtyard also and that both<span class="x" onmousemove="('comment',' V. p. 583, n. 11.');">¹²</span> are forbidden access to it. This is conclusive.

תינח סלע בור מאי איכא למימר

We have learnt: THE BANK AROUND A CISTERN, OR A ROCK, THAT IS TEN HANDBREADTHS HIGH BELONGS TO THE GALLERY, BUT IF IT IS LOWER IT BELONGS TO THE COURTYARD!<span class="x" onmousemove="('comment',' GALLERY is assumed to mean the tenants of the upper storey (for whom the gallery is a means of approach to their houses) who can use the RANK or the ROCK by lowering their things, while the tenants of the courtyard can use it only by thrusting their things up to it. Now since it is ruled that the former may use the BANK etc. does not an objection arise against Rab who maintained (Supra 83b) that in such circumstances the two groups of tenants impose restrictions upon each other?');">¹⁴</span> - R'Huna replied: [The meaning<span class="x" onmousemove="('comment',' Of the phrase To THE GALLERY.');">¹⁵</span> is], to those who dwelt on the gallery.<span class="x" onmousemove="('comment',' And not in the upper storey. Cf. supra p. 583, n. 7 mut. mut.');">¹⁶</span>

אמר רב יצחק בריה דרב יהודה הכא בבור מלאה מים עסקינן והא חסרא

This may be a satisfactory explanation in the case of the rock;<span class="x" onmousemove="('comment',' Which, being more or less on a level with the balcony and easily accessible to its tenants, may well be assigned for their use.');">¹⁷</span> what, however, can be said as regards<span class="x" onmousemove="('comment',' Lit., 'what is there to say'.');">¹⁸</span> A CISTERN?<span class="x" onmousemove="('comment',' Whose bottom cannot he reached even by the tenants of the gallery except by lowering their buckets while the tenants of the courtyard can use it only by means of thrusting their buckets into it across its bank. Now since in this case of thrusting by the latter and of lowering by the former the use of the bank was granted to the former, the objection again arises against Rab who in such circumstances maintained that both groups of tenants are forbidden access.');">¹⁹</span>

כיון דכי מליא שריא כי חסרא נמי שריא אדרבה כיון דכי חסרא אסירא כי מליא נמי אסירא

- R'Isaac son of Rab Judah replied: We are here dealing with the case of a cistern that was full of water.<span class="x" onmousemove="('comment',' The surface being more or less on a level with the gallery and therefore easily accessible to its tenants. Hence its assignment to the gallery.');">²⁰</span> But is it not<span class="x" onmousemove="('comment',' By the using up of the water near the surface.');">²¹</span> being diminished?<span class="x" onmousemove="('comment',' In consequence of which the tenants of the gallery would have to lower their buckets. Why then should the use of the cistern be permitted even in that case?');">²²</span>

אלא אמר אביי הכא בבור מליאה פירות עסקינן והא חסרי

- Since the use of the cistern is permitted<span class="x" onmousemove="('comment',' To the tenants of the gallery.');">²³</span> when full it is also permitted when some of the water is wanting. On the contrary! Since Its use would be forbidden when it is not full should it not also be forbidden when full?

בטיבלא

Rather, explained Abaye, we are here dealing with a cistern that was full of fruit. Might not these also be diminished?<span class="x" onmousemove="('comment',' By the removal of some of the fruit.');">²⁴</span> - [It is a case] where they are tebel.<span class="x" onmousemove="('comment',' Such may not be moved from their place on the Sabbath.');">²⁵</span>

דיקא נמי דקתני דומיא דסלע ש"מ

A textual deduction leads to the same conclusion: Since it has been put on a par<span class="x" onmousemove="('comment',' Lit., since it was taught similarly'.');">²⁶</span> with ROCK.<span class="x" onmousemove="('comment',' Which cannot be reduced on the Sabbath by mere use. Both standing in juxtaposition they must be assumed to be on a par.');">²⁷</span> This is conclusive.

ול"ל למיתנא בור ול"ל למיתנא סלע צריכא דאי אשמעינן סלע דליכא למיגזר אבל בור ליגזור זמנין דמליא פירות מתוקנין צריכא

But<span class="x" onmousemove="('comment',' If it is to be assumed that the cistern was full of fruit that cannot be diminished on the Sabbath as a rock that cannot be diminished.');">²⁸</span> why should it be necessary to mention both CISTERN and ROCK?<span class="x" onmousemove="('comment',' Seeing that one could easily be inferred from the other.');">²⁹</span> - Both are required.

תא שמע אנשי חצר ואנשי עלייה ששכחו ולא עירבו אנשי חצר משתמשין בעשרה התחתונים ואנשי עלייה משתמשין בעשרה העליונים כיצד זיז יוצא מן הכותל למטה מעשרה לחצר למעלה מעשרה לעלייה

For if we had been informed of the law in the case of the ROCK only, the ruling might have been presumed to apply to that alone, since no preventive measure in that case could be called for,<span class="x" onmousemove="('comment',' Lit., 'there is not (reason) to make a preventive measure');">³⁰</span> but that in the case of a cistern a preventive measure<span class="x" onmousemove="('comment',' Forbidding its use.');">³¹</span> should be enacted, since it might sometimes be full of properly prepared fruit,<span class="x" onmousemove="('comment',' Which may be handled on the Sabbath and which might, therefore, be removed during the Sabbath day.');">³²</span>

הא דביני ביני אסור

hence both were required. Come and hear: If the tenants of a courtyard and the tenants of the upper storey forgot to prepare a joint 'erub,<span class="x" onmousemove="('comment',' But each group prepared one for itself.');">³³</span> the former may use<span class="x" onmousemove="('comment',' Along the wall.');">³⁴</span>

אמר רב נחמן הכא בכותל תשעה עשר עסקינן וזיז יוצא ממנו למטה מעשרה לזה בפתח ולזה בשלשול למעלה מעשרה לזה בפתח ולזה בזריקה

the lower ten handbreadths<span class="x" onmousemove="('comment',' Since these are easily accessible to them, while to the tenants of the upper storey they are inaccessible except by the lowering of their objects into that level.');">³⁵</span> and the latter may use the upper ten handbreadths.<span class="x" onmousemove="('comment',' Cf. prev. n. mut. mut. In this case access is easy to the tenants of the upper storey while to those of the courtyard it is accessible only by thrusting.');">³⁶</span> In what circumstances? If a bracket<span class="x" onmousemove="('comment',' Four handbreadths in width.');">³⁷</span> projected from the wall at a lower altitude than ten handbreadths it is assigned to the courtyard, but if it was higher than ten handbreadths<span class="x" onmousemove="('comment',' This is now assumed to mean that the bracket was higher than ten handbreadths measured from the upper storey downwards in the direction of the ground of the courtyard.');">³⁸</span> it is assigned to the upper storey. Thus it follows, does it not, that the space intervening<span class="x" onmousemove="('comment',' Between the ten handbreadths from the ground and ten handbreadths from the upper storey.');">³⁹</span> is forbidden?<span class="x" onmousemove="('comment',' Because access to it is equally difficult to both groups of tenants. Those of the upper storey can use it only by lowering their things, while those of the courtyard can use it only by thrusting up their things. This ruling being in agreement with Rab's view, does not an objection arise against Samuel?');">⁴⁰</span> - R'Nahman replied: Here we are dealing with the case of a wall nineteen handbreadths high,<span class="x" onmousemove="('comment',' So that no space intervened between the lower ten and the upper ten handbreadths.');">⁴¹</span> from which a bracket projected. If [it projected] at a lower altitude than ten handbreadths,<span class="x" onmousemove="('comment',' From the ground of the courtyard.');">⁴²</span> it is easily accessible to the one [group of tenants]<span class="x" onmousemove="('comment',' Lit., 'to this (as if) by a door', Sc. the tenants of the courtyard can easily use that space that is not higher than ten handbreadths.');">⁴³</span> while to the other [group it is only accessible] by means of lowering their things,<span class="x" onmousemove="('comment',' Hence the ruling that the use of the bracket 'is assigned to the courtyard'.');">⁴⁴</span> but [if it projected] at a higher altitude [than ten handbreadths]<span class="x" onmousemove="('comment',' From the ground of the courtyard.');">⁴⁵</span> it is easily accessible to the latter<span class="x" onmousemove="('comment',' Cf. supra n. 7 mut. mut.');">⁴⁶</span> while to the former [it is accessible only] by means of thrusting.<span class="x" onmousemove="('comment',' Its use must consequently be granted to the tenants of the upper storey.');">⁴⁷</span>