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עירובין 84:2

Soncino English Talmud · Berean Standard Bible

Come and hear: If two balconies were situated [in positions] higher than each other and a partition was made for the upper one but not for the lower one restrictions are imposed on the use of both until all their tenants have joined in one ‘erub! — R. Adda b. Ahabah replied: This is a case where the tenants of the lower balcony come to fill their buckets by way of the upper one. Abaye replied: This is a case where the balconies were situated within ten handbreadths from each other, but the ruling is to be understood to be in the form of ‘not only but’: 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, 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 its use is convenient, hence we were informed that, since they are situated within ten handbreadths from, they also impose restrictions upon each other; as is the ruling in the case R. Nahman cited in the name of Samuel: If a roof adjoins a public domain a permanent ladder is required to render it permissible for use. Thus it is only a ‘permanent ladder’ that effects permissibility but not an occasional one; but why? Obviously because on account of the fact that they are situated within ten handbreadths from each other, the people in them impose restrictions upon each other. R. Papa demurred: Is it not possible that this applies Only to a roof on which many people are in the habit of putting down their skull-caps and turbans? Rab Judah citing Samuel ruled: