Yerushalmi Eruvin 2:4 ירושלמי עירובין ב׳:ד׳

MISHNAH: If a public road interrupts them he should divert it around it, but the Sages say that this is unnecessary⁸The first clause in this sentence is R. Jehudah’s (and is stated as such in the independent Mishnah mss., the Mishnah in the Babli, and the quote in the Halakhah). He holds that enclosures which trespass on a public road are unauthorized.. One makes planks both for a public cistern, a public well, and a private well, but for a private cistern one makes a partition of ten hand-breadths⁹Since the double planks are authorized only for the benefit of animals, once a cistern runs dry the double planks lose their utility and it would be forbidden to carry there. Therefore for a non-public cistern he requires a regular enclosure where one may carry regardless of the amount of water available., the words of Rebbi Aqiba. Rebbi Jehudah ben Bava said, one makes planks only for a public well; for everything else one makes a belt¹⁰Possibly by the standards of Mishnah 1:9. ten hand-breadths high.

HALAKHAH: Paragraph. “Rebbi Jehudah says, up to two bet se’ah,”⁶⁹Even though the quote is from Mishnah 3, the discussion is about Mishnah 4 where R. Jehudah prohibits using part of a thoroughfare as enclosure of a well. etc. Rebbi Joḥanan said, the argument of Rebbi Jehudah is inverted, as we have stated there: “And similarly one carries under panelled bridges on the Sabbath, the words of Rebbi Jehudah, but the Sages forbid it⁷⁰Mishnah 9:5, explained in Chapter 1, Note 40.”. Rebbi Eleazar said, it is not inverted. Rebbi Jeremiah said, for he is of Rav Jehudah’s opinion, as Rav Jehudah said, that is if it is open to a domain of difficult access. But if it was open to the public domain it is forbidden⁷¹A quote from the end of Chapter 9. Since R. Jehudah in Mishnah 9:5 accepts virtual walls only for karmelit, that Mishnah is consistent with Mishnah 2:4.. Rebbi Yose said, everywhere Rebbi Eleazar seeks support from the Elder Rebbi Ḥiyya⁷²Cf. Yebamot, end of Halakhah 2:3.. Rebbi Ḥiyya stated, how does one permit public domain? Rebbi Jehudah says, a lath on each side or a beam at each side but the Sages say a lath and a beam on one side and he shall make a door frame on the other side. And here he says so⁷³There he permits turning parts of a public road, i. e., an alley open at both ends, into a private domain but here he forbids. Babli 22a.? Here about ten [cubits], there about thirteen⁷⁴A roadway cannot have the status of an alley if it is wider than 10 cubits (Mishnah 1:1) but the enclosure of a well can be 13.. The words of the rabbis disagree. Rebbi Aḥa said, Rav Hoshaia asked my father, how large can the breach of an alley be in the opinion of Rebbi Jehudah? And he told him, thirteen [cubits]. And here he says so⁷⁵Since it was stated just before that only a breach up to 10 cubits is acceptable.? The Rabbis of Caesarea say, there what is standing is more than what is breached but here what is breached is more than what is standing⁷⁶The two situations cannot be compared. 13 cubits are permitted only in the situation of the enclosure of a well which is made for the benefit of animals, not humans..

Paragraph. “Rebbi Jehudah says⁸The first clause in this sentence is R. Jehudah’s (and is stated as such in the independent Mishnah mss., the Mishnah in the Babli, and the quote in the Halakhah). He holds that enclosures which trespass on a public road are unauthorized., if a public road interrupts them,” etc. What is the difference between a public cistern and a private cistern⁹Since the double planks are authorized only for the benefit of animals, once a cistern runs dry the double planks lose their utility and it would be forbidden to carry there. Therefore for a non-public cistern he requires a regular enclosure where one may carry regardless of the amount of water available.? A public cistern has publicity⁷⁷It is common knowledge when a public cistern runs dry and the enclosure may not be used, whereas for a private cistern he might start using the enclosure and discover only belatedly that he was carrying there in violation of the Sabbath laws., a private cistern has no publicity. Then even for his well⁷⁸Why are enclosures permitted for private wells whose status is not monitored?! But a public well can be expected to run dry, a private well is not expected to run dry⁷⁹Only public wells are subject to permanent overuse..

Rebbi Jacob bar Aḥa, Amram, Rav Jehudah in the name of Samuel: Practice follows Rebbi Jehudah ben Bava⁸⁰Babli 23a.
Since R. Aqiba permits flimsy enclosures only for public cisterns and he otherwise treats cisterns and wells according to the same rules, he must refer to public wells in Mishnah 1.. Rebbi Jehudah the father of Rebbi Mattaniah said, the Mishnah says so, “one makes planks for wells,” not for cisterns. But did we not state, “but for a private cistern one makes a partition of ten hand-breadths⁹Since the double planks are authorized only for the benefit of animals, once a cistern runs dry the double planks lose their utility and it would be forbidden to carry there. Therefore for a non-public cistern he requires a regular enclosure where one may carry regardless of the amount of water available., the words of Rebbi Aqiba”? But therefore we must deal with public cisterns, and similarly “one makes planks for wells,” for public wells.