Eruvin 9

כָּל גַּגּוֹת הָעִיר, רְשׁוּת אַחַת, וּבִלְבַד שֶׁלֹּא יְהֵא גַג גָּבוֹהַּ עֲשָׂרָה אוֹ נָמוֹךְ עֲשָׂרָה, דִּבְרֵי רַבִּי מֵאִיר. וַחֲכָמִים אוֹמְרִים, כָּל אֶחָד וְאֶחָד רְשׁוּת בִּפְנֵי עַצְמוֹ. רַבִּי שִׁמְעוֹן אוֹמֵר, אֶחָד גַּגּוֹת וְאֶחָד חֲצֵרוֹת וְאֶחָד קַרְפֵּיפוֹת, רְשׁוּת אֶחָד לַכֵּלִים שֶׁשָּׁבְתוּ לְתוֹכָן, וְלֹא לַכֵּלִים שֶׁשָּׁבְתוּ בְתוֹךְ הַבָּיִת:

All the roofs in the city are one domain [And even if there are separate dwellings below for two men, still, the roofs, which are not constantly used, are not distinctive domains, and vessels resting on one roof may be carried to the other], so long as one roof not be ten tefachim higher or lower than the other. [For if there is a ten tefach difference in height, it is forbidden to carry onto the roofs — a decree by reason of a mound ten tefachim high and four tefachim wide in the public domain, which (mound) is a private domain, that one not come to place things upon it to be carried.] These are the words of R. Meir. And the sages say: Each is a domain in itself. [And if the dwellers below did not make an eruv, it is forbidden to carry from one (roof) to the other.] R. Shimon says: Both roofs, and courtyards, and karpefoth (see 2:3) are (considered) one domain for vessels which rested within them, but not for vessels which rested in the house. [R. Shimon's ruling is the most lenient. He says that roofs, courtyards, and karpefoth which are not larger than beth sa'atayim — since their use is not distinctive and constant — are all considered one domain, and one may carry form one to the other without an eruv, even if the roofs were higher or lower than ten (vis-à-vis each other). For R. Shimon holds that courtyard eruvin are required only for house vessels. ("for vessels which rested within them":) Vessels which rested in one of them may be carried to the other. ("but not for vessels which rested in the house":) Vessels which were resting in the house and were carried into the courtyard by means of the eruv of the men of the courtyard may not be carried from one courtyard to another if the two courtyards did not make an eruv with each other. The halachah is in accordance with R. Shimon.]

גַּג גָּדוֹל סָמוּךְ לְקָטָן, הַגָּדוֹל מֻתָּר וְהַקָּטָן אָסוּר. חָצֵר גְּדוֹלָה שֶׁנִּפְרְצָה לִקְטַנָּה, גְּדוֹלָה מֻתֶּרֶת, וּקְטַנָּה אֲסוּרָה, מִפְּנֵי שֶׁהִיא כְפִתְחָהּ שֶׁל גְּדוֹלָה. חָצֵר שֶׁנִּפְרְצָה לִרְשׁוּת הָרַבִּים, הַמַּכְנִיס מִתּוֹכָהּ לִרְשׁוּת הַיָּחִיד, אוֹ מֵרְשׁוּת הַיָּחִיד לְתוֹכָהּ, חַיָּב, דִּבְרֵי רַבִּי אֱלִיעֶזֶר. וַחֲכָמִים אוֹמְרִים, מִתּוֹכָהּ לִרְשׁוּת הָרַבִּים, אוֹ מֵרְשׁוּת הָרַבִּים לְתוֹכָהּ, פָּטוּר, מִפְּנֵי שֶׁהִיא כְּכַרְמְלִית:

A large roof adjoining a small one — the large is permitted [i.e., It is permitted to bring vessels to it from the house below, and those of the small roof do not forbid it, for vis-à-vis the large roof, the breach in the small roof is (perceived as) an entrance, and it (the large roof) is permitted by reason of the wings jutting out a little on either side as a railing around the roofs, and it is considered an enclosure. (This, when the breach is not larger than ten cubits.)], but the small is forbidden [i.e., It is forbidden to bring vessels to it from the house below, the men of the large roof forbidding it, for it (the small roof) is "breached onto it" entirely.] A large courtyard breached onto a small one — the large is permitted, [by reason of the wings remaining on either side, causing the breach to be perceived as an entrance], and the small is forbidden, [being entirely breached. This, only if it were breached before Shabbath, but if it were breached on Shabbath, even the small one is permitted. For since it was permitted for part of Shabbath, before it was breached, it is permitted for all of Shabbath.] A courtyard breached into the public domain [i.e., a courtyard whose wall facing the public domain fell entirely or (were breached) by more than ten cubits] — if one carries from it to a private domain or from a private domain to it, he is liable, [for it is like a public domain.] These are the words of R. Eliezer. The sages say: (If he carries) from it to the public domain or from the public domain to it, he is not liable, [but it is forbidden to do so], for it is [not a public domain, but] like a karmelith. [The halachah is in accordance with the sages.]

חָצֵר שֶׁנִּפְרְצָה לִרְשׁוּת הָרַבִּים מִשְּׁתֵּי רוּחוֹתֶיהָ, וְכֵן בַּיִת שֶׁנִּפְרַץ מִשְּׁתֵּי רוּחוֹתָיו, וְכֵן מָבוֹי שֶׁנִּטְּלוּ קוֹרוֹתָיו אוֹ לְחָיָיו, מֻתָּרִין בְּאוֹתוֹ שַׁבָּת וַאֲסוּרִין לֶעָתִיד לָבֹא, דִּבְרֵי רַבִּי יְהוּדָה. רַבִּי יוֹסֵי אוֹמֵר, אִם מֻתָּרִין לְאוֹתוֹ שַׁבָּת, מֻתָּרִין לֶעָתִיד לָבֹא. וְאִם אֲסוּרִין לֶעָתִיד לָבֹא, אֲסוּרִין לְאוֹתוֹ שַׁבָּת:

A courtyard breached into the public domain in two directions, [i.e., one side comprising two directions, as when it were breached in a corner. Even if the breach were less than ten cubits — here, in a corner, it is not considered an entrance, people not making entrances at corners. And a breach larger than ten forbids in even one direction.]; likewise, a house breached (on Shabbath) in two directions, [i.e., if it were breached in a corner, part of one wall having fallen, and part of the other, the roof not extending over the place of the breach. But if the roof did extend over the place of the breach, the breach does not forbid the house, for we perceive the mouth of the roof as "descending and enclosing."]; likewise, a mavui whose walls or lechis were removed (see 1:1) — it is permitted (to carry) on that Shabbath, but forbidden in the future [i.e., the following Shabbath. These are the words of R. Yehudah. R. Yossi says: If it is permitted on that Shabbath, it is permitted in the future, and if it is forbidden in the future, it is forbidden on that Shabbath. [That is, just as it is forbidden in the future, so is it forbidden on that Shabbath. The halachah is in accordance with R. Yossi. We say "If it were permitted for part of Shabbath, it is permitted for all of Shabbath" only in respect to eruv, viz.: If something were permitted by means of an eruv for part of Shabbath, and something happened on that Shabbath which would invalidate the eruv, the eruv is not invalidated, for "If it were permitted for part of Shabbath, it is permitted for all of Shabbath." But we do not say this in an instance where there was a partition part of Shabbath, which was breached on Shabbath.]

הַבּוֹנֶה עֲלִיָּה עַל גַּבֵּי שְׁנֵי בָתִּים, וְכֵן גְּשָׁרִים הַמְפֻלָּשִׁים, מְטַלְטְלִין תַּחְתֵּיהֶן בְּשַׁבָּת, דִּבְרֵי רַבִּי יְהוּדָה. וַחֲכָמִים אוֹסְרִין. וְעוֹד אָמַר רַבִּי יְהוּדָה, מְעָרְבִין לְמָבוֹי הַמְפֻלָּשׁ. וַחֲכָמִים אוֹסְרִין:

If one builds an upper storey atop two houses [which are on two (opposite) sides of the public domain, he may carry under it, for the mouth of the upper storey on either side "descends and encloses."] Likewise, it is permitted to carry on Shabbath under open bridges [since they have partitions beneath them on both ends.] These are the words of R. Yehudah. The sages forbid them. R. Yehudah said further: An eruv may be made for an open mavui [since it has two partitions on two sides, R. Yehudah holding that by Torah law a mavui with two partitions is a private domain. The halachah is not in accordance with R. Yehudah.] The sages forbid it.