## Mishnah Eruvin Chapter 8

###### Mishnah Eruvin 8:1
[Mishnah Eruvin 8:1](https://torahapp.org/share/book/Mishnah%20Eruvin/r/8:1)

כֵּיצַד מִשְׁתַּתְּפִין בַּתְּחוּמִין. מֵנִיחַ אֶת הֶחָבִית וְאוֹמֵר, הֲרֵי זֶה לְכָל בְּנֵי עִירִי, לְכָל מִי שֶׁיֵּלֵךְ לְבֵית הָאֵבֶל אוֹ לְבֵית הַמִּשְׁתֶּה. וְכֹל שֶׁקִּבֵּל עָלָיו מִבְּעוֹד יוֹם, מֻתָּר. מִשֶּׁתֶּחְשַׁךְ, אָסוּר, שֶׁאֵין מְעָרְבִין מִשֶּׁתֶּחְשָׁךְ:

**The Mishna with Obadiah Bartenura by Rabbi Shraga Silverstein:**
How is a tchum (Sabbath bound) partnership made? He puts down the (food) jug and says: "This is for all the men of my city, for whoever goes to the house of the mourner or the house of the (wedding) feast [i.e., for mitzvah purposes, the ruling being: Eruvei tchumin are made only for mitzvah purposes.] And all who took it upon themselves [to rely upon this eruv] while it was still day are permitted to do so. And after dark (i.e., on Shabbath), it is forbidden, an eruv not being made after dark. [This, when they did not apprise him (of the eruv) while it was still day; but if they did, even if he took it upon himself to rely upon this eruv of a certainty only after it had gotten dark, it is permitted.]


###### Mishnah Eruvin 8:2
[Mishnah Eruvin 8:2](https://torahapp.org/share/book/Mishnah%20Eruvin/r/8:2)

כַּמָּה הוּא שִׁעוּרוֹ, מְזוֹן שְׁתֵּי סְעוּדוֹת לְכָל אֶחָד. מְזוֹנוֹ לְחֹל וְלֹא לְשַׁבָּת, דִּבְרֵי רַבִּי מֵאִיר. רַבִּי יְהוּדָה אוֹמֵר, לְשַׁבָּת וְלֹא לְחֹל. וְזֶה וָזֶה מִתְכַּוְּנִין לְהָקֵל. רַבִּי יוֹחָנָן בֶּן בְּרוֹקָה אוֹמֵר, מִכִּכָּר בְּפֻנְדְּיוֹן, מֵאַרְבַּע סְאִין בְּסֶלַע. רַבִּי שִׁמְעוֹן אוֹמֵר, שְׁתֵּי יָדוֹת לְכִכָּר מִשָּׁלֹשׁ לְקָב. חֶצְיָהּ לְבַיִת הַמְנֻגָּע, וַחֲצִי חֶצְיָהּ לִפְסֹל אֶת הַגְּוִיָּה:

**The Mishna with Obadiah Bartenura by Rabbi Shraga Silverstein:**
What is the (required) amount (for a tchum eruv)? Enough for two meals for each one (participating in the eruv) [Since he acquires habitation there, he must place there the food he needs for Shabbath.], his food for a weekday and not for Shabbath. These are the words of R. Meir. R. Yehudah says: For Shabbath and not for a weekday. And both (R. Meir and R. Yehudah) intend to be lenient (in their ruling). [R. Meir holds that on Shabbath one eats more, for the food is tastier. And R. Yehudah holds that since on Shabbath one eats three meals, he does not eat very much at each meal, so that two weekday meals are more than two Sabbath meals.] R. Yochanan b. B'roka says: A loaf for a pundion, four sa'ah for a sela [i.e., a loaf bought for a pundion when four sa'ah of wheat are sold for a sela. Four sa'ah are twenty-four kavin, and a sela is twenty-four ma'ah, that there is a kav to each ma'ah. A ma'ah is two pundionin — so that a loaf sold in the market for a pundion is half a kav. And the shopkeeper takes half as a wage for baking and grinding, so that a loaf bought from a shopkeeper for a pundion is a quarter of a kav, which are six eggs, a kav being twenty-four eggs. And this is the amount of the two meals (required) for the eruv according to R. Yochanan b. B'roka. The halachah is in accordance with him.] R. Shimon says: Two-thirds of a loaf of three to a kav. [He reduces the amount, saying that two-thirds of a loaf of three loaves to a kav suffices for an eruv. A whole loaf of eight eggs is one-third of a kav. Two-thirds of that — five and a third eggs — is two meals.] Half for a house with a plague-spot. [This is an anonymous Mishnah and is to be understood thus: Half of a complete loaf, according to the estimate of both (R. Yochanan b. B'roka and R. Shimon) is the amount for (the criterion of) "abiding" in a house with a plague-spot. For one who enters a house with a leprous plague-spot, though he becomes unclean immediately, is not required to wash his clothing until he "abides" there long enough to eat, "long enough to eat" being understood as long enough to eat half a loaf. According to R. Yochanan b. B'roka, who says that a whole loaf is a quarter of a kav, which is six eggs, half of that, three eggs, is the "pras" (half a loaf) in all of the Talmud. And according to R. Shimon, who says that a whole loaf is a third of a kav, which is eight eggs, half of that, four eggs, is the "pras" of all the Talmud. And even though R. Shimon holds that a whole loaf contains three meals (two-thirds of a loaf constituting two meals according to R. Shimon), that is in respect to eruv, where the intent was to be lenient, so that two full meals were not required. But in all other places R. Shimon holds that a meal is not less than half a loaf of a third of a kav, the eating of this half-loaf, four eggs, being the criterion.] Half of a half to render the body unfit. [If one eats a half pras of unclean foods, his body becomes unclean by rabbinical ordinance vis-à-vis the eating of terumah. And a half pras is an egg and a half according to R. Yochanan b. B'roka and two eggs according to R. Shimon.]


###### Mishnah Eruvin 8:3
[Mishnah Eruvin 8:3](https://torahapp.org/share/book/Mishnah%20Eruvin/r/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 Mishna with Obadiah Bartenura by Rabbi Shraga Silverstein:**
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.


###### Mishnah Eruvin 8:4
[Mishnah Eruvin 8:4](https://torahapp.org/share/book/Mishnah%20Eruvin/r/8:4)

הַנּוֹתֵן אֶת עֵרוּבוֹ בְּבֵית שַׁעַר, אַכְסַדְרָה וּמִרְפֶּסֶת, אֵינוֹ עֵרוּב. וְהַדָּר שָׁם, אֵינוֹ אוֹסֵר עָלָיו. בְּבֵית הַתֶּבֶן וּבְבֵית הַבָּקָר וּבְבֵית הָעֵצִים וּבְבֵית הָאוֹצָרוֹת, הֲרֵי זֶה עֵרוּב. וְהַדָּר שָׁם, אוֹסֵר עָלָיו. רַבִּי יְהוּדָה אוֹמֵר, אִם יֶשׁ שָׁם תְּפִיסַת יָד שֶׁל בַּעַל הַבַּיִת, אֵינוֹ אוֹסֵר עָלָיו:

**The Mishna with Obadiah Bartenura by Rabbi Shraga Silverstein:**
If one places his eruv [a courtyard eruv] in a gate-house [a place near the gate of the courtyard, where it was customary to station a watchman to keep men in the public domain from entering the courtyard], in an achsadrah (a covered place in front of the house) or on a mirpeseth, it is not an eruv, and if one lives there [in the courtyard gate-house], he does not forbid him [the owner of the courtyard. And he need not furnish a loaf, for it is not a dwelling.] (If one places his eruv) in the straw shed, the cattle shed, the wood shed, or the store-house, it is an eruv, and the one who lives there forbids him. [If the house-owner lent one his straw shed to live in, he the latter) forbids him (the house-owner), since it (the shed) opens on to the courtyard.] R. Yehudah says: If the house-owner has rights in the house [i.e., if he has a place in the other's house where he secretes his vessels], he does not forbid him (the house-owner). [This, only when there are no other dwellers there (in the courtyard); but if there are, he forbids them. Witness: "he does not forbid him." It is him (the house-owner) that he does not forbid, but he does forbid other dwellers, even if the house-owner made an eruv with them. And if the vessels that the house-owner places there are such as may be moved on the Sabbath, this does not constitute "rights," and he does forbid him. For if he wishes, he may take them and put them outside.]


###### Mishnah Eruvin 8:5
[Mishnah Eruvin 8:5](https://torahapp.org/share/book/Mishnah%20Eruvin/r/8:5)

הַמַּנִּיחַ בֵּיתוֹ וְהָלַךְ לִשְׁבּוֹת בְּעִיר אַחֶרֶת, אֶחָד נָכְרִי וְאֶחָד יִשְׂרָאֵל, הֲרֵי זֶה אוֹסֵר, דִּבְרֵי רַבִּי מֵאִיר. רַבִּי יְהוּדָה אוֹמֵר, אֵינוֹ אוֹסֵר. רַבִּי יוֹסֵי אוֹמֵר, נָכְרִי אוֹסֵר, יִשְׂרָאֵל אֵינוֹ אוֹסֵר, שֶׁאֵין דֶּרֶךְ יִשְׂרָאֵל לָבֹא בְשַׁבָּת. רַבִּי שִׁמְעוֹן אוֹמֵר, אֲפִלּוּ הִנִּיחַ בֵּיתוֹ וְהָלַךְ לִשְׁבּוֹת אֵצֶל בִּתּוֹ בְאוֹתָהּ הָעִיר, אֵינוֹ אוֹסֵר, שֶׁכְּבָר הִסִּיעַ מִלִּבּוֹ:

**The Mishna with Obadiah Bartenura by Rabbi Shraga Silverstein:**
If one leaves his house and goes to spend Shabbath in a different city, whether gentile or Jew, he forbids, [for a dwelling without inhabitants is (still) called a dwelling.] These are the words of R. Meir. R. Yehudah says: He does not forbid. R. Yossi says: A gentile forbids; a Jew does not forbid. For it is not likely for a Jew to return on Shabbath. [He, too, holds that it is not called a dwelling; still, a gentile forbids, because he might return on Shabbath. The halachah is in accordance with R. Yossi.] R. Shimon says: Even if he left his house and went to dwell with his daughter in that city, he does not forbid, for he puts it (returning home for Shabbath) out of his mind. [Specifically, "his daughter," for one "makes peace" in staying with his son-in-law. But one does not put his house out of mind in staying with his son. For there is the possibility that he might quarrel with his daughter-in-law and leave. The halachah is in accordance with R. Shimon.]


###### Mishnah Eruvin 8:6
[Mishnah Eruvin 8:6](https://torahapp.org/share/book/Mishnah%20Eruvin/r/8:6)

בּוֹר שֶׁבֵּין שְׁתֵּי חֲצֵרוֹת, אֵין מְמַלְּאִין מִמֶּנּוּ בְשַׁבָּת, אֶלָּא אִם כֵּן עָשׂוּ לוֹ מְחִצָּה גָבוֹהַּ עֲשָׂרָה טְפָחִים בֵּין מִלְמַעְלָה, בֵּין מִלְּמַטָּה, בֵּין מִתּוֹךְ אֹגְנוֹ. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר, בֵּית שַׁמַּאי אוֹמְרִים, מִלְּמַטָּה. וּבֵית הִלֵּל אוֹמְרִים, מִלְמָעְלָה. אָמַר רַבִּי יְהוּדָה, לֹא תְהֵא מְחִצָּה גְדוֹלָה מִן הַכֹּתֶל שֶׁבֵּינֵיהֶם:

**The Mishna with Obadiah Bartenura by Rabbi Shraga Silverstein:**
A hole between two courtyards, [half in one and half in the other] — it is forbidden to fill up from it on Shabbath, [for (in doing so) one fills up from his neighbor's domain; and this is forbidden if the courtyards had not been joined by an eruv], unless they make for it a partition ten tefachim high, whether above [i.e., nine tefachim of the partition above the water and one tefach submerged in it], or below [i.e., nine tefachim submerged in it and one tefach visible above], or from the midst of its cavity, [even though the partition does not touch the water at all, this being a lenient ruling of the sages vis-à-vis water, (the sages) saying that we perceive the partition as extending downwards. This, so long as it is in the midst of the cavity of the hole, so that it is perceived as a partition.] Beth Shammai say: below. Beth Hillel say: above. R. Yehudah said: The partition should not be greater than the wall between them! [i.e., (It should not be more effective) than the wall itself that separates the courtyards and runs over the hole, even though it does not descend into its cavity (i.e., the partition is superfluous.) The halachah is not in accordance with R. Yehudah.]


###### Mishnah Eruvin 8:7
[Mishnah Eruvin 8:7](https://torahapp.org/share/book/Mishnah%20Eruvin/r/8:7)

אַמַּת הַמַּיִם שֶׁהִיא עוֹבֶרֶת בֶּחָצֵר, אֵין מְמַלְּאִין הֵימֶנָּה בְשַׁבָּת, אֶלָּא אִם כֵּן עָשׂוּ לָהּ מְחִצָּה גָבוֹהַּ עֲשָׂרָה טְפָחִים בַּכְּנִיסָה וּבַיְצִיאָה. רַבִּי יְהוּדָה אוֹמֵר, כֹּתֶל שֶׁעַל גַּבָּהּ תִּדּוֹן מִשּׁוּם מְחִצָּה. אָמַר רַבִּי יְהוּדָה, מַעֲשֶׂה בָאַמָּה שֶׁל אָבֵל שֶׁהָיוּ מְמַלְּאִין מִמֶּנָּה עַל פִּי זְקֵנִים בְּשַׁבָּת. אָמְרוּ לוֹ, מִפְּנֵי שֶׁלֹּא הָיָה בָהּ כַּשִּׁעוּר:

**The Mishna with Obadiah Bartenura by Rabbi Shraga Silverstein:**
A water-course passing through a courtyard [(Even in a private domain, it is a karmelith (a distinct domain)] — it is forbidden to fill up from it on Shabbath unless one makes a partition for it [in the midst of its cavity along its breadth, which is distinctly recognizable as having been made for the water course], ten tefachim high, at its entrance and at its terminus. R. Yehudah said: The wall on top of it is adjudged a partition. R. Yehudah says: It happened with the water-course of Avel, [which passed through the courtyards] that they filled up (water) from it [in the courtyards] by ruling of the elders on Shabbath, [the partition of the wall of the courtyard availing to that end, R. Yehudah being consistent with his ruling wherein he differs, too, in respect to a hole. The halachah is not in accordance with him.] They said to him: It was short of the required size [for a karmelith, not being either ten tefachim deep or four tefachim wide, lacking which the water does not become a domain in itself to be considered a karmelith. If they made for it a partition at the entrance and not at the terminus, it does not avail, for it is connected to the water outside of the courtyard at its issue, so that it all becomes a karmelith. If they made it at the terminus, but not at the entrance, it likewise does not avail, for it is connected to the upper waters outside the courtyard. But if they made partitions at both the entrance and the terminus, they do avail, for then the waters give the appearance of beginning in this courtyard.]


###### Mishnah Eruvin 8:8
[Mishnah Eruvin 8:8](https://torahapp.org/share/book/Mishnah%20Eruvin/r/8:8)

גְּזֻזְטְרָא שֶׁהִיא לְמַעְלָה מִן הַמַּיִם, אֵין מְמַלְּאִין הֵימֶנָּה בְשַׁבָּת, אֶלָּא אִם כֵּן עָשׂוּ לָהּ מְחִצָּה גָבוֹהַּ עֲשָׂרָה טְפָחִים, בֵּין מִלְמַעְלָה בֵּין מִלְּמַטָּה. וְכֵן שְׁתֵּי גְזֻזְטְרָאוֹת זוֹ לְמַעְלָה מִזּוֹ. עָשׂוּ לָעֶלְיוֹנָה וְלֹא עָשׂוּ לַתַּחְתּוֹנָה, שְׁתֵּיהֶן אֲסוּרוֹת עַד שֶׁיְּעָרֵבוּ:

**The Mishna with Obadiah Bartenura by Rabbi Shraga Silverstein:**
A balcony projecting over the water — it is forbidden to fill up from it on Shabbath unless they make a partition in it ten tefachim high [all around the balcony or all around the hole, four by four, hollowed out in its midst; for we say that we perceive the partition as extending downwards], either above [the hole in the balcony] or below, [i.e., attached to the balcony from below. Rambam explains: "below" — on the water opposite the hole of the balcony. For we say that we perceive the partition as extending upwards, as if it reaches to the hole in the balcony from which it is filled.] Likewise, two balconies, one above the other, [and the hole from which it is filled in the upper aligned with the hole in the lower] — if they made (a partition) for the upper [i.e., if the men of the lower were partners with those of the upper to make a partition in the upper], and they did not make one for the lower, both are forbidden until they make an eruv, [for since those of the lower are partners in the partition of the higher, they (the lower) forbid them. And if they made a partition for the lower and did not make one for the higher, even if the higher has no partnership in the partition of the lower, they are both forbidden: the higher, because it lacks a partition; and the lower, because the upper has a "path" through it, it, too, filling up water from there, so that the upper forbids the lower until they (the men of the upper) make an eruv with it (the lower). This, when the two balconies are ten tefachim or more distant from each other. But if they are within ten tefachim of each other, even if both made a partition, they forbid each other until they make an eruv.]


###### Mishnah Eruvin 8:9
[Mishnah Eruvin 8:9](https://torahapp.org/share/book/Mishnah%20Eruvin/r/8:9)

חָצֵר שֶׁהִיא פְחוּתָה מֵאַרְבַּע אַמּוֹת, אֵין שׁוֹפְכִין בְּתוֹכָהּ מַיִם בְּשַׁבָּת, אֶלָּא אִם כֵּן עָשׂוּ לָהּ עוּקָה מַחֲזֶקֶת סָאתַיִם מִן הַנֶּקֶב וּלְמַטָּה, בֵּין מִבַּחוּץ בֵּין מִבִּפְנִים, אֶלָּא שֶׁמִּבַּחוּץ צָרִיךְ לִקְמוֹר, מִבִּפְנִים אֵין צָרִיךְ לִקְמוֹר:

**The Mishna with Obadiah Bartenura by Rabbi Shraga Silverstein:**
A courtyard smaller than four cubits — water is not to be spilled into it on Shabbath, [for in four cubits (or more), the water that one is wont to use every day is absorbed in its place and does not go out into the public domain. In less than four cubits, it is not absorbed in its place and does go out into the public domain], unless one makes a hole for it which can contain two sa'ah, [this being the amount of water sufficient for a day's use], from the conduit down, [i.e., the cavity of the hole must contain two sa'ah before the water reaches the conduit on its edge through which it flows into the public domain], both inside or outside, [i.e., whether he made the hole in the courtyard or in the public domain.] It is just that if he made it outside, he must vault it, [i.e., he must make a kind of dome-covering for it, so that it be distinct from the public domain]; but if he made it inside, he need not vault it.


###### Mishnah Eruvin 8:10
[Mishnah Eruvin 8:10](https://torahapp.org/share/book/Mishnah%20Eruvin/r/8:10)

רַבִּי אֱלִיעֶזֶר בֶּן יַעֲקֹב אוֹמֵר, בִּיב שֶׁהוּא קָמוּר אַרְבַּע אַמּוֹת בִּרְשׁוּת הָרַבִּים, שׁוֹפְכִין לְתוֹכוֹ מַיִם בְּשַׁבָּת. וַחֲכָמִים אוֹמְרִים, אֲפִלּוּ גַג אוֹ חָצֵר מֵאָה אַמָּה, לֹא יִשְׁפֹּךְ עַל פִּי הַבִּיב, אֲבָל שׁוֹפֵךְ מִגַּג לְגַג, וְהַמַּיִם יוֹרְדִין לַבִּיב. הֶחָצֵר וְהָאַכְסַדְרָה מִצְטָרְפִין לְאַרְבַּע אַמּוֹת:

**The Mishna with Obadiah Bartenura by Rabbi Shraga Silverstein:**
R. Eliezer b. Yaakov says: A rut [made for the water spilled out in the courtyard to flow into the public domain], vaulted [a distance of] four by four cubits into the public domain, [four cubits being sufficient to absorb the two sa'ah of water sufficient for a day's use] — water may be spilled into it on Shabbath, [for the water ends and does not go out into the public domain.] The sages say: Even if the roof or the courtyard were a hundred cubits, one may not spill (water directly) onto the rut. [For if he spills the water onto the rut, it flows straight into the public domain, and the onlooker assumes that he spilled it from roof to roof so that the water flows down to the rut. The courtyard and the achsadrah (see 8:4) combine for (the requisite) four cubits. [If there are in the courtyard together with the achsadrah four by four cubits, they combine, and it is permitted to spill water there without making a hole (see 8:9).]


###### Mishnah Eruvin 8:11
[Mishnah Eruvin 8:11](https://torahapp.org/share/book/Mishnah%20Eruvin/r/8:11)

וְכֵן שְׁתֵּי דְיוֹטָאוֹת זוֹ כְנֶגֶד זוֹ, מִקְצָתָן עָשׂוּ עוּקָה וּמִקְצָתָן לֹא עָשׂוּ עוּקָה, אֶת שֶׁעָשׂוּ עוּקָה, מֻתָּרִין, וְאֶת שֶׁלֹּא עָשׂוּ עוּקָה, אֲסוּרִין:

**The Mishna with Obadiah Bartenura by Rabbi Shraga Silverstein:**
Likewise, two upper stories, one opposite the other, [overlooking a courtyard less than four cubits, where they spill their water], some [i.e., the men of one courtyard] having made a hole [in the courtyard], and some [i.e., the men of the other] not having made a hole — those who made a hole are permitted, and those who did not make a hole are forbidden [as long as they did not make an eruv. For if they were permitted to make use of it, they would come to take swill-vessels from their houses down into the courtyard until the edge of the hole, carrying in a courtyard where they had not made an eruv.]