Eruvin 168

תא שמע שתי גזוזטראות זו למעלה מזו עשו לעליונה ולא עשו לתחתונה שתיהן אסורות עד שיערבו

Come and hear: If two balconies were situated<span class="x" onmousemove="('comment',' On the same wall at the sea-shore above the water.');">¹</span> [in positions] higher than each other<span class="x" onmousemove="('comment',' Being nevertheless drawn away from each other in a manner that left a space of less than four handbreadths between them and thus enabling persons on the lower balcony to draw their water by throwing a bucket into a hole (v. following n.) in the floor of the upper balcony.');">²</span> and a partition<span class="x" onmousemove="('comment',' Round a hole, four handbreadths wide, in the floor of the balcony through which water is to be drawn from the sea.');">³</span> was made<span class="x" onmousemove="('comment',' Jointly by the tenants of both balconies (cf. infra 88a) .');">⁴</span>

אמר רב אדא בר אהבה בבאין בני תחתונה דרך עליונה למלאות

for the upper one<span class="x" onmousemove="('comment',' A partition round such a hole, though in relation to the sea it is a suspended one, is deemed to extend downwards and penetrating to the bed of the sea (cf. Supra 12a) and forming a private domain through which the water of the sea may be taken up in buckets to the balcony. In the absence of such a device the movement of water or any other objects from the sea which has the status of a karmelith into the balcony which has that of a private domain is forbidden on the Sabbath.');">⁵</span> but not for the lower one restrictions are imposed on the use of both<span class="x" onmousemove="('comment',' Sc. neither the tenants of the upper balcony may draw water from the sea through the hole nor may those of the lower one throw their buckets into that hole to draw water through it.');">⁶</span> until all their tenants have joined in one 'erub!<span class="x" onmousemove="('comment',' Infra 87b. In the absence of a joint 'erub the hole within the partition remains a mixed domain belonging to two different groups of tenants who impose restrictions upon each other and is, therefore, forbidden to both. Now here it is a case of use by lowering on the part of the tenants of the upper balcony and by thrusting on the part of those of the lower one, and yet it was ruled that both groups are forbidden; how then could Samuel maintain (supra 83b) that access is granted to 'the tenants that can use it by means of lowering'?');">⁷</span> - R'Adda B'Ahabah replied: This is a case where the tenants of the lower balcony come<span class="x" onmousemove="('comment',' By means of a ladder.');">⁸</span>

אביי אמר כגון דקיימין בתוך עשרה דהדדי ולא מיבעיא קאמר לא מיבעיא עשו לתחתונה ולא עשו לעליונה דאסירי דכיון דבגו י' דהדדי קיימין אסרן אהדדי

to fill their buckets by way of the upper one.<span class="x" onmousemove="('comment',' So that both groups of tenants use the hole in exactly the same manner both lowering and none thrusting their buckets.');">⁹</span> Abaye replied: This is a case where the balconies were situated within ten handbreadths from each other,<span class="x" onmousemove="('comment',' Sc. the position of the upper balcony was by less than ten handbreadths higher than the lower, in consequence of which there can be no existence for a third domain between the two, the use of which should be allowed to the one or the other of these two adjacent domains. A third domain of such a character is possible only where the two adjacent domains were separated from each other by a trench, or a wall that was ten handbreadths deep or high or by a space of similar height.');">¹⁰</span> but<span class="x" onmousemove="('comment',' In reply to the possible objection: If the prohibition of the use of the hole is due to the proximity of the balconies and not to the manner in which use of it was made, why was the ruling limited to the case where 'a partition was made for the upper one seeing that the same ruling should apply even where it was made for the lower one?');">¹¹</span> the ruling is to be understood to be in the form of 'not only but':<span class="x" onmousemove="('comment',' Lit., 'and he implied (the formula) it is not required'.');">¹²</span>

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>

כי הא דאמר רב נחמן אמר שמואל גג הסמוך לרה"ר צריך סולם קבוע להתירו סולם קבוע אין סולם עראי לא מ"ט לאו משום דכיון דבתוך עשרה דהדדי קיימי אסרן אהדדי

adjoins a public domain<span class="x" onmousemove="('comment',' On one of its sides, while on its other sides it adjoins a courtyard.');">¹⁷</span> a permanent ladder is required to render it permissible for use.<span class="x" onmousemove="('comment',' By the tenants of the courtyard. Though a ladder cannot effect the permissibility of a karmelith (cf. Maharsha, a.l.) the roof which is a private domain within, and is consequently no proper karmelith, may well be rendered permissible by connecting it with a permanent ladder with the courtyard.');">¹⁸</span> Thus it is only a 'permanent ladder' that effects permissibility<span class="x" onmousemove="('comment',' Lit., 'yes'.');">¹⁹</span> but not an occasional one;<span class="x" onmousemove="('comment',' Though even such an occasional ladder facilitates the use of the roof by the tenants of the courtyard to whom the roof is thereby much more easily accessible than to the people in the public domain who have not the use of even an occasional ladder.');">²⁰</span>

מתקיף לה רב פפא ודילמא כשרבים מכתפין עליו בכומתא וסודרא

but why?<span class="x" onmousemove="('comment',' Sc. in view of the fact that even an occasional ladder facilitates the use of the roof by the courtyard tenants (cf. prev. n.) why should not the use of the roof be permitted to them?');">²¹</span> Obviously<span class="x" onmousemove="('comment',' Lit., 'not?'');">²²</span> because on account of the fact that they<span class="x" onmousemove="('comment',' The courtyard and the public domain.');">²³</span> are situated within ten handbreadths from each other, the people in them impose restrictions upon each other.<span class="x" onmousemove="('comment',' In agreement with Abaye's explanation.');">²⁴</span>

אמר רב יהודה אמר שמואל

R'Papa demurred: Is it not possible that this<span class="x" onmousemove="('comment',' The ruling that an occasional ladder cannot effect permissibility.');">²⁵</span> applies Only to a roof on which many people<span class="x" onmousemove="('comment',' On weekdays.');">²⁶</span> are in the habit of putting down their skull-caps and turbans?<span class="x" onmousemove="('comment',' Sc. though they cannot conveniently put upon it any heavy loads, they can well use it for putting down light objects such as skull-caps which on a hot day people usually put down there while they rest and cool themselves. As the use of the roof is thus equally accessible to, and convenient for both the people in the public domain and those in the courtyard, a permanent ladder is justifiably required if the roof (an imperfect karmelith) is to be permanently connected with the courtyard and disconnected from the public domain. This ruling, therefore, cannot be adduced as a support for Abaye's submission. (For other interpretations of the passage cf. Rashi and Tosaf. a.l.) .');">²⁷</span> Rab Judah citing Samuel ruled: