Eruvin 87A

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Text Excerpt

חוקק בה ארבע על ארבע וממלא.

one may carve in it a hole of 4 by 4 handbreadths and draw water through it. Even if there are no actual partitions around the hole, the section surrounding the hole is considered as though it were bent downward and formed partitions 10 handbreadths high on all sides. Consequently, it is permitted to draw water through the hole.

אמר ליה אביי: ודילמא לא היא, עד כאן לא קאמר רבי יהודה התם, אלא דאמר: ״גוד אחית מחיצתא״, אבל ״כוף וגוד״⁠ — לא.

Abaye said to him: But perhaps that is not so, as we can distinguish between the opinions. It is possible that R' Yehuda stated his opinion only there, with regard to the wall of the courtyard and the cistern, as he said that we rely on the halakhic principle of extend and lower the partition. The partition above the cistern is considered as though it descended to the bottom. But the principle of bend the partition and extend it downward, as suggested by R' Ḥananya ben Akavya, no, he does not accept this principle.

ועד כאן לא קאמר רבי חנניא בן עקביא התם, אלא בימה של טבריא, הואיל ויש לה אוגנים, ועיירות וקרפיפות מקיפות אותה, אבל בשאר מימות ⁠— לא.

And we can likewise say that R' Ḥananya ben Akavya stated his opinion only there, in the case of the balcony, with regard to the Sea of Tiberias, i.e., the Sea of Galilee, since it has clearly defined banks around it, and towns and enclosures surround it on all sides. The Sea of Galilee is surrounded by clear boundaries on all sides and is therefore somewhat similar to a private domain in appearance. Consequently, even a minor adjustment is sufficient. However, with regard to other waters, no, R' Ḥananya ben Akavya did not permit this practice.

אמר אביי: ולדברי רבי חנניא בן עקביא, היתה סמוכה לכותל בפחות משלשה טפחים ⁠— צריך שיהא אורכה ארבע אמות, ורוחבה אחד עשר ומשהו.

Abaye said: And according to the statement of R' Ḥananya ben Akavya, if the balcony was less than 3 handbreadths away from the wall, it is permitted to draw water from it in the following circumstances: Its length must be 4 cubits, and its width must be 11 handbreadths and any amount. By carving out a hole of slightly more than one handbreadth by 4 handbreadths on the side near the wall, alongside the other 3 handbreadths, one creates a hole of 4 handbreadths by 4 handbreadths. This hole is surrounded by partitions 10 handbreadths high on each side. How so? The wall itself is one partition. The 4-cubit length is viewed as bent down on both sides of the hole, forming two partitions of 10 handbreadths; the remaining 10 handbreadths of the width is seen as though it were bent down, which creates a partition on the 4th side of the balcony.

Text data via Sefaria: William Davidson Edition - English and William Davidson Edition - Vocalized Aramaic, CC-BY-NC; edition provenance: Koren. Display terminology has been modernized for readability.