Siman - Eruvin Daf 88
- Pouring sewage out
Regarding permitting drawing water from a balcony with hanging mechitzos, Rabbah bar Rav Huna said, לא שנו אלא למלאות אבל לשפוך אסור – They only taught that drawing water is permitted but pouring out sewage through a hole is prohibited. Rashi explains that the flowing river will take the sewage beyond the mechitzos of the balcony.
Rav Shizbi challenged this ruling and asked what is the difference between this case and the case of a cesspool in a chatzeir into which water may be poured even when it is full and it will run off into a neighboring reshus harabim? The Gemara answered that הני תיימי – These waters of the cesspool cease, meaning they generally become absorbed in the ground before flowing into the reshus harabim. Rashi explains that even if the sewage does overflow and run out of the chatzeir, it was the person’s intention that they be absorbed in their place, and the transfer to reshus harabim is unintended. והני לא תיימי, However, these waters from the balcony do not cease, meaning they are never absorbed in their place. Therefore, the person knows that they will certainly flow beyond the mechitzos. The Gemara presents another version of this discussion.
- יש גזל בשבת
Rabbah said in the name of Rebbe Chiyah, and Rav Yosef said in the name of Rebbe Oshaya, יש גזל בשבת, there is, figuratively, theft of another person’s property on Shabbos, וחורבה מחזיר לבעלים – and a ruin restores possession to its owner on Shabbos. This refers to a case where someone makes use of a neighbor’s ruined property that is next to his property during the week without the owner’s expressed consent. Rashi explains that his unauthorized use of the ruin does not have any bearing on its eruv status. The dominion over the churvah is forcibly returned to its owner requiring an eruv. The thief, referring to the neighbor, may not carry there without joining in an eruv with the owner.
- Pouring into a covered drainage conduit
The next Mishnah stated, Rebbe Eliezer ben Yaakov says, ביב שהוא קמור ארבע אמות ברשות הרבים, - If a drainage conduit from a chatzeir through the reshus harabim is covered for its first four amos in the reshus harabim, people may pour wastewater into it on Shabbos. Rashi explains that the covered portion must be four by four amos in area which is capable of absorbing two se’ah of water that a person uses daily. Therefore, the water poured into it on Shabbos will generally be absorbed before it reaches the reshus harabim. Even if the water does reach reshus harabim, it is considered an unintended transfer and he has not transgressed a d’Oraysa. The Chochomim hold that one may not pour directly into a conduit even if it is very long since it exits with some intensity. Rashi explains that he might be accused of intending to get rid of it from his chatzeir. They do permit pouring it onto the roof and letting the water descend into the conduit, where the water will not leave with such intensity.
The Gemara notes that the Chochomim do not reflect the opinion of Chananya who holds that one may not pour onto a roof that is even one hundred amos long because a roof is not constructed to absorb but rather to cause the water to flow away from the house. Therefore, he considers it the same as pouring it directly into the conduit.
