Eruvin

one cuts a hole of four handbreadths by four1 and may draw water through it.2 Said Abaye to him:3 Is it not possible that your observation is incorrect?4 R. Judah may have maintained his view there only5 because he holds the principle that a partition is deemed to extend downwards but not here where it must be deemed to be both bent and extended; and R. Hananya b. Akabya may have maintained his view there only, in the case of the sea of Tiberias,6 because it has embankments, towns and karpafs around it7 but not in that of other waters. Abaye observed: According to the view of R. Hananya b. Akabya8 if the balcony was within three handbreadths from the wall9 it is necessary for its length to be four cubits and for its width to be eleven cubits and a fraction.10 If it was upright11 it is necessary that its height12 shall be ten handbreadths13 and its width six handbreadths and two fractions.14 R. Huna son of R. Joshua observed: If it15 was situated in a corner16 it is necessary for its height to be ten handbreadths17 and for its width to be two handbreadths and two fractions.18 With reference, however, to what was taught: R. Hananya b. Akabya ruled: ‘In a balcony that has an area of four cubits by four he cuts a hole of four handbreadths by four and may draw water through it’, in what circumstances could this19 be possible?20 — Where it is constructed in the shape of a mortar.21 MISHNAH. FROM A WATER CHANNEL22 THAT PASSES THROUGH A COURTYARD NO WATER MAY BE DRAWN ON THE SABBATH23 UNLESS IT WAS FURNISHED24 WITH A PARTITION TEN HANDBREADTHS HIGH AT ITS ENTRANCE25 AND EXIT.26 R. JUDAH RULED: THE WALL ABOVE IT27 MAY BE REGARDED AS A PARTITION. R. JUDAH OBSERVED: IT ACTUALLY HAPPENED WITH THE WATER-CHANNEL OF ABEL28 THAT WATER WAS DRAWN FROM IT ON THE SABBATH ON THE AUTHORITY OF THE ELDERS.29 THEY30 REPLIED: BECAUSE IT WAS NOT OF THE PRESCRIBED SIZE.31 GEMARA. Our Rabbis taught: if it32 was furnished33 with a partition at its entrance25 but not at its exit,34 or if one was furnished at its exit and none at its entrance, no water may be drawn from it on the Sabbath35 unless it was furnished with a partition ten handbreadths high both at its entrance and at its exit — R. Judah ruled: The wall above it27 may be regarded as a partition. R. Judah observed: It actually happened with the water-channel which flowed from Abel to Sepphoris28 that water was drawn from it on the Sabbath on the authority of the Elders.29 They30 replied: Is this36 proof? [The water was used] because the channel was either less than37 tell handbreadths deep or less than four handbreadths wide. Elsewhere38 It was taught: If a water-channel passed between windows,39 it is permissible to lower a bucket to draw water from it40 if it41 was less than three handbreadths wide, but if it was three handbreadths wide no bucket may be lowered to draw water from it.40 R. Simeon b. Gamaliel ruled: If it41 was less than four handbreadths wide a bucket may be lowered into it and water may be drawn from it, but if it was four handbreadths wide no bucket may be lowered to draw water from it. Now what are we dealing with?42 If it be suggested: With the water-channel itself,43 consider the following which44 R. Dimi when he came,45 cited in the name of R. Johanan: No domain can be regarded as a karmelith if it is less than four handbreadths. Did he46 then make his statement in agreement only with one of the Tannaitic opinions?47 — No, we are rather dealing48 with its49 embankments50 in respect of exchange.51 But did not R. Dimi when he came45 state in the name of R. Johanan: On a place whose area is less than four handbreadths by four both the people in the public domain and those in the private domain may rearrange their loads, provided they do not exchange them?52 — There53 it is a case of Pentateuchal domains54 downwards so as to be forming a suspended partition of the required height of ten handbreadths and extending downwards into the water, and thus constituting a private domain through which it is permitted to take up the water from the sea into the balcony. therefore, be deemed to be close to the wall.’ By cutting a length of four handbreadths to a depth of one handbreadth and a fraction from the width of the balcony on the side adjacent to the wall so as to leave on either side of its length margins of ten handbreadths, the area of the hole would be four handbreadths by (three minus a fraction and one and a fraction is) four handbreadths, and it would be furrounded on three sides by a border of (eleven handbreadths and a fraction minus one handbreadth and a fraction on the side opposite the wall, and (24 — 4)/2 handbreadths on the two sides of the length of the balcony =) ten handbreadths and on the fourth side by the wall of the house. The border is regarded as bent and extended downwards and morning with the wall a private domain between the water and the balcony. vertically upwards. would still remain a width of four handbreadths facing that wall, while the air space of four handbreadths between the wall and the balcony would be reduced to (4 — 1 and a fraction =) less than three handbreadths which (by the law of labud) is disregarded, and the hole, four handbreadths by four, is now surrounded by the wall of the house on one side, a partition of four handbreadths wide on the opposite side, and two walls virtually four handbreadths wide on the other two sides. The three sides of the balcony, which are deemed to stretch downwards to the water, together with the wall of the house thus constitute a private domain through which the water from the sea may be carried up. the walls with its side at a distance of less than three handbreadths from the adjacent wall it may he imagined to be bent from top to bottom in the middle towards the wall it was facing and thus closing up all air space of one handbreadth and a fraction and reducing the distance between it and the wall to less than three handbreadths. The space between either wall and the balcony now being less than three handbreadths is (by the law of labud) deemed to be non-existent and a hole of four handbreadths by four now remains surrounded on two adjacent sides by the house walls and on the opposite two sides by the imaginary corner piece which, by the law of labud, constitutes two valid partitions that stretch downwards to the water, all the four sides enclosing a private domain between the balcony and the water. than the prescribed minimum (of ten handbreadths by four) for each of its four sides and (four handbreadths by four) for the hole. near it. In such a case no private domain through which the water may be taken up to the platform can be formed unless the balcony is of the size prescribed by R. Hananya b. Akabya which allows for a hole of four handbreadths by four in the center and for four sides of ten handbreadths by four on its four sides. cannot serve as partitions for it. private domain through which it passes and requires no partitions at all. Where partitions, however, are required the courtyard walls cannot serve the purpose the water may not be carried into the private domain of the courtyard. of three handbreadths may also be regarded as a karmelith. Is it likely, however, that R. Johanan would differ from the Rabbis, ‘who are in the majority, and adopt the view of an individual authority? Rabbis, a free domain into which an empty bucket may be taken from the private domain and one full of water from the karmelith and transferred respectively from it into the karmelith and into the private domain. If the embankment is three handbreadths wide it uses the status of a free domain and can no longer serve as a mere adjunct to the domains between which it is situated. This ruling is consequently quite independent of that of R. Johanan's. be placed on it both front the public and from the private domain it must obviously have the status of a free domain, and yet it was forbidden to exchange these objects. How then can it be maintained that a bucket of water may be transferred from the private domain into the karmelith and vice versa by way of the embankments? Dimi's restriction.