R Yehudah says: If a public path intervened [between the boards], he diverts it (the path) to the side [outside of the boards, so that people not walk between the boards. For this would render it a public domain and negate the enclosure.] The sages say: He need not do so. [The halachah is not in accordance with R. Yehudah.] Boards may be used (as an enclosure) for both public (water) pits, [in which instance, if the water is used up, they remind each other (not to carry in the enclosure). For they permitted well-boards only so that water be available for the beasts of the festival pilgrims. And if there is no water there, the boards do not have the status of an enclosure.], public wells, and individual wells. [These are also permitted; for, being live wells, their water is not depleted.] But for an individual (water) pit, a partition ten tefachim high must be made. These are the words of R. Akiva. R. Yehudah b. Bava says: Boards may be used only for a public well, [in that it possesses two positive features. And this is the halachah. And it is permitted to draw water and to take it from the well using well-boards only in order to water the beasts of the festival pilgrims and in Eretz Yisrael alone. But it is forbidden to take out water for a man himself to drink. Instead, he must go down in it and drink or make a partition ten tefachim high.], and for the others, he must make a "belt" (partition) ten tefachim high.
Bartenura on Mishnah Eruvin
אם היתה דרך הרבים – the path that the public crosses through passes between the boards, he should divert it to the sides outside of the boards, so that the masses would not walk between the boards because they consider it like the public domain and annul the partition , but the Halakha is not according to Rabbi Yehuda.
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English Explanation of Mishnah Eruvin
Introduction
The first section of this mishnah deals with a situation where a public road cuts through the enclosure around the well. The second section, which is the conclusion to the Mishnah’s discussion of this enclosure, teaches which types of wells and cisterns may be surrounded with this type of enclosure.
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Bartenura on Mishnah Eruvin
בור הרבים – if the water ceases they remind each other that they did not permit boards for watering stations other than if water would be available for animals, pilgrims ascending [to the Temple] on Jewish holy days and whenever there is no water there, the boards do not have the status of a partition.
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English Explanation of Mishnah Eruvin
Rabbi Judah says: if a public road cuts through them it should be diverted to one side; But the sages say: this is not necessary. By surrounding the well with a pseudo-fence, the area is transformed from a public domain to a non-public domain (although not necessarily a private domain). According to Rabbi Judah, if a public road cuts through the enclosure, it would remain a public domain, because the fence surrounding the enclosure is not a full fence. In such a situation it would be forbidden to draw water from the well on Shabbat. Therefore, the public road must be diverted. The sages say that this is not necessary since there is a fence surrounding the area. Even though this fence does not fully surround the area, it is sufficient such that the fact that the public uses the road does not nullify it.
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Bartenura on Mishnah Eruvin
באר היחיד – also permitted for these are a well of living waters and the water did not cease.
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English Explanation of Mishnah Eruvin
Both for a public cistern, a public well as well as a private well, they may make [an enclosure] of posts, but for a private cistern, they must make a partition ten handbreadths high, the words of Rabbi Akiva. Rabbi Judah ben Baba says: they make [an enclosure] of posts for a public well only while for the others they must make a belt ten handbreadths high. A well is a structure through which one draws water from an underground spring. A cistern is filled with rain water or water drawn from an aqueduct. According to Rabbi Akiva they may make the above-described enclosure around all of these structures on Shabbat so that they can draw water, with the exception of a private cistern. The reason that this type of enclosure may not be made around a private well is that the water may dry up on Shabbat. The fence around the enclosure is a special rabbinic enactment which permits carrying only while there is water in the well/cistern. The waters of a well will not dry up. Furthermore, since this cistern is owned by a private individual, she/he may forget that it is forbidden to carry into the public domain. At a publicly-owned cistern people will remind each other that this is forbidden. Rabbi Judah ben Baba says that this enactment applies only to a publicly-owned well. It does not apply to cisterns, and even public ones, because their water may dry up. It does not apply to a private well because at a private well an individual may forget that it is forbidden to carry from the private domain to the public domain. In order to draw water from a public cistern or a private well or cistern they have to rope the entire area off.
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Bartenura on Mishnah Eruvin
לבאר הרבים – for there are two levels of perfection, and this is the Halakha, for it is not permitted to fill water or to remove from the well through the boards of watering-stations other than in order to provide water for cattle of Temple pilgrims, and in the Land of Israel only, but to remove water in order for a person himself to drink is prohibit, but he can go down to the cistern and drink or make a partition ten handbreadths high.
