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Week 17 - Sunday - 19 March 2000

ERUVIN: CHAPTER 8 : MISHNA 7

If a water channel passes through a courtyard, they may not draw from it on Shabbat, unless they made for it a partition ten tefahs high at its entrance and at its exit. Rabbi Yehudah says, A wall over it may be regarded as a partition. Rabbi Yehudah said, It happened with the water channel of Abel that they would fill from it on the Shabbat on the authority of the elders. They said to him, Because it was not of the prescribed size.

Kahati

If a water channel passes through a courtyard – and it is ten tefahs deep and four tefahs wide, then even if it passes through a private domain it has the legal status of a karmelit, since it draws from the river, which is a karmelit (Rabbi Yonatan of Lunel, Hameiri), they – the inhabitants of the courtyard, may not draw - water from it on Shabbat – for it is prohibited to carry from the karmelit into the private domain, unless they made for it a partition ten tefahs high – within its basin, across its width, as was taught regarding the cistern (in the preceding mishnah) at its entrance – where it enters the courtyard, and at its exit – where it leaves the courtyard, in order to separate the water in the courtyard from the water outside the courtyard. Even though the partition of the courtyard passes over it, it is not effective, because a special partition is required, one of which is evident that it has been made especially for the water. Rabbi Yehudah says, A wall – the courtyard wall which passes - over it may be regarded as – and has the legal status of - a partition – for the water channel. Rabbi Yehudah following the view stated in the preceding mishanh, holds that there is no need for a special partition, for the partition of the courtyard already constittes a division between the water within it and the water outside it.

Rabbi Yehudah said, It happened with the water channel of Abel – a town in lower Galilee; a baraita in the Gemara states that the conduit went from Abel to Tzippori, and passed through the courtyards, that they would fill from it on the Shabbat on the authority of the elders – the local Sages permitted drawing water from it on the Shabbat in the courtyards, without a partition. This roves that the wall of the courtyard has the sam legal status as a partition for water. They – the Sages, said to him – Rabbi Yehudah. The Sages permitted drawing from ht ewater conduit there without permission – Because it was not of the prescribed size – the conduit was not ten tefahs deep or it was not four tefahs wide. In such a case, the channel does not have the legal status of a karmelit but rahter that of the place through which it passes. If it I passes through the public domain, it has the legal status of the public domain, as was taught: "If there was a shallow pool and the public road crosses it, the person who throws four amot into it is liable. And how deep is a shallow pool? Less than ten tefahs" (Shab. 11:4); and if it passes through a private domain, it has the legal status of a private domain. The reason why they would draw water from the water conduit in Abel in the courtyards was that it was all private domain, and not because of the wall of the courtyard that passes over it. However, the water conduit which is under discussion in the current mishnah, is ten tefahs deep and four tefahs wide, and since it is an independent domain, and has the legal status of a karmelit, one may draw from it on the Shabbat in the courtyard, unless they make for it a partition ten tefahs high at its entrance and at its exit. The Gemara explains that if they made it at its entrance but not at its exit, this is not effective at all, for since it is connected in one side to the water outside the courtyard, all of it is a karmelit.

ERUVIN: CHAPTER 8 : MISHNA 8

If a balcony is above the water, they may not draw from it on the Shabbat, unless they made for it a partition ten tefahs high, whether above, whether below. So also, two balconies, this one above this one, if they made for the upper and did not make for the lower – both are prohibited until they make an eruv.

Kahati

If a balcony is above the water –eg., a house is located close to a river, and a balcony protrudes from the house's upper story over the water, and the people of the upper story draw water from the river through a hole in the floor of the balcony, they – the people of the upper story, may not draw – water, from it – through that hole - on the Shabbat – because the river is a karmelit and the balcony is a private domain, and it is prohibited to carry from a karmelit into a private domain, unless they made for it – the balcony, around the hole in it, a partition ten tefahs high – in which case we say that the water which is drawn is within the partitions, and as if it were within the private domain, whether – they made for it the partition above – the balcony, around the hole, <whether below – the balcony, i.e., the partition is suspended below the floor of the balcony, in the direction if the river (Rashi, Bartenura). Rambam interprets "whether above" – above the water, i.e., under the balcony, around the hile, a partition hanging down towards the water (as Rashi interprets "below"), in which case we deem the partition reaching down to the water ("imagine a partition descending"), "whether below" – on the water, opposite the hole in the balcony, in which case we deem the partition ascending up to the hole in the balcony ("imagine a partition asceding").

So also, two balconies, this one above this one – which are above the water, and the hole in the upper balcony is aligned with the hole in the lower balcony – in such a case, they may not draw water on Shabbat unless they made a partition for each balcony, if they made – a partition - for the upper – balcony, i.e., the people of the lower balcony also participated in the making of the upper balcony's partition, and - but - did not make – a partition, for the lower – balcony – Both – balconies, are prohibited – from water drawing water on the Shabbat; since the people of the lower balcony participated in the upper partition, they restrict the people of the upper one. If they made a partition for the lower and they did make one for the upper balcony, both of them certainly are restricted: the upper one, because it has no partition, and the lower one because the upper one has the right-of-way in it, for it also draws water throught he hole in the lower balcony, and the upper one therefore restricts the lower one, until they – the two balconies, make an eruv – with one another. If however, each one made a partition, even if they did not make an eruv, both of them may draw water on Shabbat, because it is evident that there is no partnership between them, and each one is an independent domain, and each one has a partition that permits them to draw water (Gemara). When does this apply? When the two balconies are separated by a distance of at least ten tefahs between them. If, however, the distance is smaller, they restrict each other, even if each made a partition, unless they make an eruv, because the two balconies are considered as one (Rambam, Bartenura).

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