Babylonian Talmud

Rodkinson 1918 — source 3, scan section 82

" Lavud," and the other that even four spans accomplish this object. MISHNA: If there be a balcony above the water, it is not lawful to draw water therein on the Sabbath, unless a partition be made ten hands high, either above or below the balcony. Thus, also, if there be two balconies, one above the other: Should a partition have been made for the upper and not for the lower, it is unlav/ful to draw water through either, unless they have been combined by an Erub. GEMARA: Our Mishna is not in accordance with the opin- ion of Hananiah ben Aqabia, who holds, that in a balcony four ells square, a hole may be cut out four spans square, etc., as related previously (page 207), but R. Johanan in the name of R. Jose ben Zimra said: " Hananiah ben Aqabia permitted this to be done only in the case of a balcony erected above the waters of the sea of Tiberias for the restsen as stated previously, but not above other waters." The Rabbis taught: Three things were allowed by R, Hana- niah ben Aqabia to the inhabitants of Tiberias, viz. : To draw water through a balcony on Sabbath ; to deposit fruit in pea- VOL. III. — 14 2IO THE BABYLONIAN TALMUD. stalks (although, while in the field, dew had settled on the fruit, it is not considered as being wet, and hence not subject to defile- ment) ; and to wipe themselves with a towel when emerging from the bath (as there is no fear of their wringing the towel). Rabba bar R. Huna said: " Do not say, that the imaginary hanging partition of the balcony makes it lawful, only to draw water through the balcony but not to pour out water through it, for it is also permitted to pour out superfluous water through that balcony." Said R. Shezbi: " Ls this not self-evident ? For is this not identical with a sewer mentioned in the next Mishna ? " From the succeeding Mishna, where the sewer is supposed to absorb the water, it is allowed to pour water into it even if it be full and run over into the street because the inten- tion was to have the sewer absorb the water, but in this case, where the waters are not stationary, we might assume that it is not allowed to pour out more water to commence with ; hence we are told by Rabba bar R. Huna that this may be done. Thus, also, if there be two balconies, one above the other,^* etc. Said R. Huna in the name of Rabh: (The Mishna states, that if a partition had been made for the upper and not for the lower, it is unlawful to draw water through either.) When is this the case ? If the balconies were not quite four spans apart, but if they were four spans apart it is allowed to draw water through the upper. This is merely in accordance with the men- tioned theory of Rabh, that one man cannot impede (the actions of) another through atmosphere. Rabba said in the name of R. Hyya and R. Joseph made the statement in the name of R. Oshiya, as follows: The law con- cerning robbery is applicable also on Sabbath, What is meant thereby ? If there was a ruin belonging to a man and another man made use of it during the week, it might be assumed that he had acquired the right to it for the Sabbath and may carry therein (for under ordinary circumstances, if a man robbed another of an article and such article is in his possession it is considered as belonging to him until the victim of the robbery reclaims his right to it by law) ; but we are given to understand that in this case as soon as the Sabbath sets in the property reverts to its rightful owner (without his recovering same by law). Said Rabba: " This above statement (that the law of robbery is applicable also on Sabbath) would be contradictory to our Mishna, which says that if there were two balconies one above the TRACT ERUBIN. 211 other, and a partition was made for the upper, it is prohibited to draw water through either, etc., and for this reason: During the week the upper balcony undoubtedly makes use of the lower and thereby acquires a temporar>' right to it. If, then, by using the lower balcony during the week the upper balcony does so wrongfully, and on Sabbath the lower balcony reverts to its rightful owners, to the exclusion of the inmates of the upper balcony, how can the upper balcony prove an impediment to the lower, which it cannot use ? " * Said R. Shesheth : " The Mishna refers to a case, where the partition made for the upper balcony was joint property of both upper and lower." If the partition was made jointly, of what benefit would a partition made to the lower be to the upper; as long as a share in the partition of the upper balcony is owned by the lower, the upper cannot be used until both combine an Erub ? As soon as the lower bal- cony erects a partition for itself, it exposes its intention to sever all connection with the upper and thus either balcony may draw water through their respective grounds. MISHNA: If a court be less than four ells square, it is not permitted to pour water therein on Sabbath, unless a sewer is made, which has a capacity of two saahs exclusive of the walls, either outside or within the court. If the sewer has been made outside it must be covered up (with boards), while on the inside it need not be covered up. R. Eliezer ben Jacob said: " Into a gutter, which is covered up to the extent of four ells in public ground, it is permitted to pour water on the Sabbath " ; the sages, however, hold, that even though the court or roof be one hun- dred ells long, it is not permitted to pour water down the gutter (direct) ; but the water may be poured out on the roof, so as to drop down into the gutter. (In computing the four ells) men- tioned in the first clause of this Mishna, the hall may be added. Thus, also, if there be two habitations facing each other (in one court) and the inmates of one have made a sewer, but were not joined in making it by the inmates of the other habitation, those who made the sewer are permitted to throw water into it, but those that did not make it, are not permitted to do so. GEMARA: What is the reason that water must not be poured into a court less than four ells square? Said Rabba: * The explanation of this paragraph of the Gemara is according to the commen- tary of Rabbena Hananel, as Rashi reverses the case from the lower balcony to the upper and presents an incomprehensible explanation. 212 THE BABYLONIAN TALMUD. " A man generally consumes two saahs of water every day. If his court be four ells square or more he pours out the water in order to lay the dust ; but if it be less than four ells square, he merely would throw out the water in order to have it run out into the street (and that is prohibited as a precaution, lest he should pour out the water into the street direct)." R. Zera said : " A court of four ells square absorbs two saahs