Study Eruvin folio 85A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
בור שבין שתי חצירות, מופלגת מכותל זה ארבעה ומכותל זה ארבעה — זה מוציא זיז כל שהוא וממלא, וזה מוציא זיז כל שהוא וממלא. ורב יהודה דידיה אמר: אפילו קניא.
If a cistern in a small alleyway between two courtyards is separated by 4 handbreadths from the wall of one courtyard and by 4 handbreadths from the wall of another courtyard, the resident of this courtyard may extend a ledge of minimal size from his window in the direction of the cistern, as a sign that he is not using the domain of the other, and he may subsequently proceed to draw water from the cistern through the window. And the resident of the other courtyard may likewise extend a ledge of minimal size and draw water from the cistern through his window. And Rav Yehuda himself said: An actual ledge is unnecessary, as it is enough even if one merely extends a simple reed.
אמר ליה אביי לרב יוסף: הא דרב יהודה דשמואל היא, דאי דרב, הא אמר: אין אדם אוסר על חבירו דרך אויר.
Abaye said to Rav Yosef: This ruling of Rav Yehuda, that some minimal sort of adjustment is required, is in accordance with the opinion of his teacher, Shmuel. Since if he holds in accordance with the opinion of his other teacher, Rav, this would present a difficulty, as didn’t Rav say: One person does not render it prohibited for another person to perform an action by way of the air, if the place he is using is 4 handbreadths away from him? Consequently, not even a reed is required.
ודשמואל מהיכא? אילימא מהא דאמר רב נחמן אמר שמואל: גג הסמוך לרשות הרבים — צריך סולם קבוע להתירו. דילמא כדרב פפא!
The Talmud asks: And from where is it ascertained that this is the opinion of Shmuel? If you say we learn it from that teaching which Rav Naḥman said that Shmuel said: With regard to a low roof adjacent to a public domain, there must be a fixed ladder from the courtyard to the roof in order to permit the use of the roof to the residents of the courtyard, it might be inferred from here that the people in the public domain render it prohibited to use the roof because they can use it through the air, by throwing. However, this proof is inconclusive. Perhaps, this halakha can be understood in accordance with the opinion of Rav Pappa: Here we are dealing with a roof upon which people in the public domain place their hats and shawls when in need of rest. That would mean that this halakha does not involve use of the airspace at all.