Um curso de água passando por um pátio [(Mesmo em um domínio privado, é um karmelith (um domínio distinto)) —é proibido enchê-lo no Shabat, a menos que se faça uma partição para ele [no meio de sua cavidade ao longo de sua largura, que é distintamente reconhecível como tendo sido feita para o curso da água], com dez tefachim de altura, à sua entrada e no seu término. R. Yehudah disse: O muro em cima dele é julgado uma partição. R. Yehudah diz: Aconteceu com o curso d'água de Avel, [que passou pelos pátios] que eles encheram (água) dele [nos pátios], governando os anciãos no Shabat, [a partição do muro do pátio que serve para esse fim, R. Yehudah sendo consistente com sua decisão, na qual ele também difere em relação a um buraco. A halachá não está de acordo com ele.] Disseram-lhe: Tinha menos do que o tamanho exigido [para um karmelith, não tendo dez tefachim de profundidade ou quatro tefachim de largura, sem o qual a água não se torne um domínio em si. ser considerado um karmelith. Se eles fizeram para ela uma divisória na entrada e não no terminal, não adiantou, pois está conectada à água do lado de fora do pátio em questão, de modo que tudo se torna um karmelith. Se eles chegaram no terminal, mas não na entrada, o mesmo não aconteceu, pois está conectado às águas superiores do lado de fora do pátio. Mas se eles fizeram divisórias na entrada e no término, de fato aproveitam, pois as águas dão a aparência de começar neste pátio.]
Bartenura on Mishnah Eruvin
אמת המים – even in the private domain, it is a Karmelit (i.e., an intermediate domain between a private domain and a public domain, established by the Sages. The Sages extended the prohibition against carrying on Shabbat from a private domain to a public domain or carerying within the public domain to include certain areas which resemble a public domain. Any open area larger than four square handbreadths that is not a public thoroughfare is in the category of a Karmelit, i.e., fields, seas, rivers, alleyways and lanes. On Shabbat it is prohibited to caerry four cubits within a karmelit or to transfer from a private or public domain to a karmelit and vice versa).
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English Explanation of Mishnah Eruvin
Introduction
This mishnah deals with drawing water from a water-channel that goes through a courtyard.
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Bartenura on Mishnah Eruvin
עשו לה מחיצה – with the rim over the face of its width which is recognized that it was made for the water.
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English Explanation of Mishnah Eruvin
A water channel that passes through a courtyard they do not draw water from there on Shabbat unless they made for it a partition ten handbreadths high at its entrance and exit. The water channel is at least four handbreadths wide and ten handbreadths deep, and therefore it is a separate domain, one that is called a “karmelit”. Since the courtyard is a private domain, it is forbidden to draw water from the “karmelit” on Shabbat. In order to allow drawing water from it, they need to make a special partition above or below it, as we learned concerning the cistern in yesterday’s mishnah. In this case, they must make the partition both at the channel’s entrance and the channel’s exit.
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Bartenura on Mishnah Eruvin
מעשה באמה של אבל – the name of a city, that would pass within the courtyards and they would fill from it in the courtyards for the partitions of the wall of the courtyard that were suspended upon it were beneficial. Bug Rabbi Yehuda, according to his reasoning who argued also regarding a cistern, but the Halakha is not according to him.
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English Explanation of Mishnah Eruvin
Rabbi Judah says: the wall above it may be regarded as a partition. As he did in yesterday’s mishnah, Rabbi Judah holds that the courtyard wall, which goes over the channel, is sufficient to allow drawing from it on Shabbat.
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Bartenura on Mishnah Eruvin
שלא היה בה שיעור – A Karmelit, that was not ten [handbreadths] deep or was not four [handbreadths] wide, where the waters are not made into a domain into themselves to be considered a Karmelit unless it is ten [handbreadths] deep and four [handbreadths] wide. If they made it at the entrance but not at the exit, it does not benefit at all, for it connected to the water that is outside of the courtyard in its departure, and it all becomes a Karmelit; [but, if they made it – (i.e., the partition) at the exit but not at the entrance it also does not benefit, for it is connected to the water that is above outside of this courtyard. But if they made it at its entrance and at its exit, it benefits, that it appears] as if they begin in this courtyard.
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English Explanation of Mishnah Eruvin
Rabbi Judah said: it happened with the water-channel of Avel that they would draw water was from it on Shabbat on the authority of the elders. They said to him: because it was not of the prescribed size. Rabbi Judah relates a story that took place in Avel (a town in the Lower Galilee) where people drew from the channel on Shabbat, and the elders who were in the courtyard allowed it to happen. The Sages respond that the reason that the elders allowed people to draw from this channel was that it was not four handbreadths wide and ten deep. In such a case it is not its own domain, but rather it takes on the status of the domain in which it is situation. Therefore, everyone agrees that the residents of the courtyard can draw from it. Thee elders of Avel did not permit the drawing of the water because of the wall, as Rabbi Judah believed.
