Siman - Eruvin Daf 89
- Rebbe Meir – All roofs are one reshus
The opening Mishnah of the ninth perek introduces a machlokes regarding which areas require making an eruv chatzeiros. Rebbe Meir says, כל גגות העיר רשות אחת – All adjoining roofs of the town are one domain, even though they are owned by different people. Therefore, carrying from one roof to the other is permitted even if the residents below did not join in an eruv. Rashi explains that since אין תשמישן תדיר - roofs are not used regularly, אין בהם חילוק רשות - they are not considered separate domains. This, the Mishnah adds, is provided that one roof is not ten tefachim higher or lower than another roof. The Gemara explains that this a גזירה משום תל ברשות הרבים – a decree due to a four by four elevation, such as a post, that is ten tefachim high which is a reshus hayachid, that is located in reshus harabim. One might come to adjust his load on the post, which is an issur d’Oraysa.
- Chochomim – Each roof is its own reshus
The Chochomim disagree with Rebbe Meir and say, כל אחד ואחד רשות בפני עצמו – each roof is a domain unto itself. Therefore, if the residents below did not join in an eruv, then carrying from one roof to another is forbidden. There is a machlokes Rav and Shmuel regarding carrying on each individual roof.
Rav says, אין מטלטלין בו אלא ארבע אמות – We may not carry on a roof except within four amos. Rashi explains that since each roof is entirely open to the other and they do not share an eruv, it is considered, נפרץ במלואו למקום האסור – entirely open to an area which is forbidden to it.
Shmuel says, מותר לטלטלו בכולו – It is permitted to carry on the entire roof.
The Gemara clarifies that while Rav and Shmuel agree that במחיצות ניכרות, when the walls are visible to a person standing on the roof and looking down, then each person can carry in the entire roof based on the principle of גוד אסיק, the wall extending upward. They disagree when the walls are not visible. Rav says we do not apply גוד אסיק in such a case, whereas Shmuel says we do.
- Rebbe Shimon – All roofs, chatzeiros and karpafs are one reshus
Continuing in the Mishnah, Rebbe Shimon disagrees with Rebbe Meir and the Chochomim and holds, אחד גגות וחצרות ואחד קרפיפות – Adjoining roofs, chatzeiros and karpafs, רשות אחת הן לכלים ששבתו לתוכן – are one domain in regard to keilim that began Shabbos in one of those areas, ולא לכלים ששבתו בתוך הבית – but not in regard to keilim that began Shabbos in the house. This means that even if a kli that began Shabbos in the house and was lawfully brought out to an outdoor area, it may not be moved to another outdoor area. This is because the kli retains the status of the reshus in which it began Shabbos.
Rashi explains that Rebbe Shimon is the most lenient opinion in that he holds that all outdoor areas are considered one reshus because אין תשמישן תדיר אין בהם חילוק רשות – they are not used regularly and therefore are not considered separate domains.
