Commentary for Eruvin 8:3

אַנְשֵׁי חָצֵר וְאַנְשֵׁי מִרְפֶּסֶת שֶׁשָּׁכְחוּ וְלֹא עֵרְבוּ, כֹּל שֶׁגָּבוֹהַּ עֲשָׂרָה טְפָחִים, לַמִּרְפֶּסֶת. פָּחוֹת מִכָּאן, לֶחָצֵר. חֻלְיַת הַבּוֹר וְהַסֶּלַע, גְּבוֹהִים עֲשָׂרָה טְפָחִים, לַמִּרְפֶּסֶת. פָּחוֹת מִכָּאן, לֶחָצֵר. בַּמֶּה דְבָרִים אֲמוּרִים, בִּסְמוּכָה. אֲבָל בְּמֻפְלֶגֶת, אֲפִלּוּ גָבוֹהַּ עֲשָׂרָה טְפָחִים, לֶחָצֵר. וְאֵיזוֹ הִיא סְמוּכָה, כֹּל שֶׁאֵינָהּ רְחוֹקָה אַרְבָּעָה טְפָחִים:

The men of a courtyard and the men of a mirpeseth (a balcony) who forgot and did not make an eruv — whatever is higher than ten tefachim appertains to the mirpeseth; lower than that, to the courtyard. [("mirpeseth":) a high place in the courtyard of a house onto which many upper chambers open. And all of them (the occupants of the upper chambers) go out by one ladder to the courtyard, and from it, to the public domain. Notwithstanding this, they (the upper occupants) do not forbid (the lower), since the mirpeseth is ten tefachim high (and, therefore, a separate domain). This, provided that the men of the mirpeseth make an eruv for themselves on the mirpeseth, so that it is "a foot that is permitted in its place" and does not forbid (see 6:9). ("and did not make an eruv":) these (the men of the mirpeseth) with these (the men of the courtyard), but each among themselves. ("whatever is higher than ten tefachim":) If there are in the courtyard a mound or a post ten tefachim high close to the mirpeseth and the mirpeseth is not ten tefachim higher than the post, so that the post is easily accessible to the men of the mirpeseth, the mirpeseth "commands" it, and they (the men of the mirpeseth) use it and not the men of the courtyard. ("lower than that, to the courtyard":) i.e., also to the courtyard, two domains commanding it, the mirpeseth and the courtyard. And if they did not make an eruv with each other, both are forbidden therein.] The chuliah of a hole or a stone ten tefachim high appertain to the mirpeseth; lower than that, to the courtyard. [(The chuliah of a hole":) the upper edge of the hole. If it is ten tefachim above the (level of the courtyard, the domain of the mirpeseth commands it. This, provided that the hole is full until its mouth with things that it is forbidden to move on Shabbath, in which instance its height, of a certainty, will not be diminished (just as a stone is not diminished), and (provided that) it is level with the floor of the mirpeseth. But if the hole is not full, or even if it is full of things which it is permitted to take on the Sabbath and thereby diminish it — since if it is diminished, it is forbidden, now, even though it is not diminished, it is also forbidden. And if the mirpeseth and the courtyard did not make an eruv with each other, both are forbidden therein.] When is this so? (that a chuliah ten tefachim high appertains to the mirpeseth) When it is close [to the mirpeseth]. But if it is far from it, even if it is ten tefachim high, (it pertains) [also] to the courtyard [as well as to the mirpeseth, and both are forbidden therein if they did not make an eruv with each other.] And what is "close"? Whatever is not four tefachim distant.

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