Eruvin

Come and hear: If two balconies were situated1 [in positions] higher than each other2 and a partition3 was made4 for the upper one5 but not for the lower one restrictions are imposed on the use of both6 until all their tenants have joined in one ‘erub!7 — R. Adda b. Ahabah replied: This is a case where the tenants of the lower balcony come8 to fill their buckets by way of the upper one.9 Abaye replied: This is a case where the balconies were situated within ten handbreadths from each other,10 but11 the ruling is to be understood to be in the form of ‘not only but’:12 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,13 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,14 hence we were informed that, since they are situated within ten handbreadths from, they also impose restrictions upon each other;15 as is the ruling in the case R. Nahman cited in the name of Samuel: If a roof16 adjoins a public domain17 a permanent ladder is required to render it permissible for use.18 Thus it is only a ‘permanent ladder’ that effects permissibility19 but not an occasional one;20 but why?21 Obviously22 because on account of the fact that they23 are situated within ten handbreadths from each other, the people in them impose restrictions upon each other.24 R. Papa demurred: Is it not possible that this25 applies Only to a roof on which many people26 are in the habit of putting down their skull-caps and turbans?27 Rab Judah citing Samuel ruled: 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. 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. one throw their buckets into that hole to draw water through it. 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’? buckets. 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. 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? 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. 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. n.) why should not the use of the roof be permitted to them? 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.).