Parallel
עירובין 85:1
Soncino English Talmud · Berean Standard Bible
If a cistern between two courtyards was removed four handbreadths frown the one wall and four handbreadths from the other wall, each owner may construct some slight projection from his wall and may then draw the water. Rab Judah on his own, however, ruled: Even a reed suffices. Said Abaye to R. Joseph, This ruling of Rab Judah must be Samuel's, for should it be contended that It is Rab's the difficulty would arise: Did he not rule that no man could impose restrictions upon another through the air? From which ruling of Samuel, however, could this be derived? If it be suggested: From the following which R. Nahman reported In the name of Samuel, viz., If a roof adjoins a public domain a permanent ladder is required to render it permissible for use, — [could it not be retorted]: that the reason there might be in agreement with the opinion of R. Papa? — It is rather from this ruling: ‘Each owner constructs some slight projection from his wall and he may then draw the water’. The reason then is that a projection was made, but if no projection had been made it would have been maintained that a man imposes restrictions upon another through the air. From which ruling of Rab, however, was the view here attributed to him derived? If it be suggested from this: ‘If two balconies were situated in positions one higher than the 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’; in connection with which R. Huna stated in the name of Rab: ‘This was learnt only in respect of [a balcony] that is near but where it was four handbreadths away, the use of the upper one is permitted and that of the lower one is forbidden’, could it not be retorted that the case here comes under a different category because, owing to the fact that access in the case of the one group is by means of thrusting as well as by means of lowering while in that of the other it is by means of lowering only, the case is analogous to that where one gains access by means of thrusting and the other by means of a door? — It is rather from this ruling: which R. Nahman cited in the name of Rabbah b. Abbuha who had it from Rab: If there were three ruins between two houses each occupier may use the ruin nearest to him by means of thrusting40
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