Yerushalmi Eruvin 8:3 ירושלמי עירובין ח׳:ג׳

MISHNAH: If people of a courtyard and those on a balcony forgot and did not make an eruv⁹In a two-story, multi-party building where the stairs are on the outside and a balcony is built along the entire length of the house by which one has access to the different apartments on the upper floor. If the dwellers on the upper floor made an eruv among themselves but not with the other dwellers in the same courtyard, they may carry on the common balcony but not in the courtyard., anything higher than ten hand-breadths belongs to the balcony, less than this to the courtyard. The enclosure of a cistern or a rock¹⁰Cf. Mishnah Šabbat 11:2, Note 8. ten hand-breadths high belong to the balcony, less than this to the courtyard. When has this been said? If it is close. But if it is far away even if it is ten hand-breadths high it belongs to the courtyard. What is close? Any which is not four hand-breadths distant.

HALAKHAH: Paragraph⁴⁴Discussion of Mishnah 4.. Is it not of the lower ones⁴⁵Why should the top of a rock standing in the courtyard belong to the balcony’s domain while being in the courtyard which is the ground floor’s domain?? Rebbi Yudan said, this implies that if Ruben’s ruin stands in Simeon’s domain and the latter uses it, it is as if it were his⁴⁶For the laws of the Sabbath, not property rights are essential but right of undisturbed use and easy accessibility. It is presumed that Ruben does not live in the courtyard and does not use the space on the Sabbath..

The following is obvious. If both of them are by a door⁴⁷The entire paragraph has a parallel in the Babli, 83b. Between two courtyards where the inhabitants did not make a common eruv there is space easily accessible by doors from each side., both of them are forbidden the house (in which are) [between]⁴⁸The text reads בּוֹ “in it”; one should read בֵּין “in between”. two courtyards. For one of them by throwing and for one by lowering⁴⁹There are no doors, only solid walls. One side has access only by throwing things over the wall; the other side has easy access to the top of its wall and may lower things into the intermediate space without exertion.. Samuel says, lowering is permitted since it is ordinary but throwing is forbidden since it is not ordinary. Rav said, it did not do anything⁵⁰Both sides are equally forbidden.. Our Mishnah disagrees with Rav: “anything higher than ten hand-breadths belongs to the balcony, less than this to the courtyard.” The Mishnah refers to the case that neither one uses by throwing nor by lowering; within three hand-breadths of the upper one which is more than ten hand-breadths from the lower one⁵¹In the case of the Mishnah there is ease of use for the dwellers on the balcony but difficulty for the occupants of the courtyard. But if the top of the hill is more than 3 hand-breadths from the balcony the entire hill belongs to the courtyard even if access is easier from the top than from the bottom.. Where do Rav and Samuel disagree? If it is equal⁵²In the dispute between Samuel and Rav there is only difficult access; Rav follows the reasoning given in Note 46, Samuel considers difficult access as easy if it is of the kind frequently used on weekdays..

If there was a ruin there, Rebbi Joḥanan says, one gives the ruin to its owner⁵³Even if the owner’s access is more difficult than that of the other side.. That is in case he uses the ruin through his door. If he uses the ruin through a window? Rebbi Aḥa in the name of Rebbi Joḥanan, even in this case one gives the ruin to its owner⁵³Even if the owner’s access is more difficult than that of the other side..

Rebbi Eleazar (ben Rebbi Simeon)⁵⁴The text in parenthesis has to be deleted with the quote by Rashba (Eruvin ad 84b, col. 528). The tradent is R. Eleazar ben Pedat, one generation younger than Rav Hoshaia and three than R. Eleazar ben R. Simeon.
Babli 85a in the name of Rav. in the name of Rebbi Hoshaia: If there were three; each one uses a ruin through his door and the middle [space] is forbidden⁵⁵Parallel to the situation described in Note 52 there are two ruins, one adjacent to each courtyard, and an empty space in between. Since each courtyard made an eruv by itself, the ruins belong to the corresponding courtyards.. When is this? If the middle [space] belonged to both of them. But if the middle [space] belonged to a person from the market, one uses one [property] and the other one uses one [property] and a second one⁵⁶If the middle space belongs to an absent landowner who does not use it, the space is allocated to the person who actually uses it during the week; cf. Note 46..

⁵⁷This paragraph is from Šabbat 11, Notes 59–63. Rebbi Joḥanan said, what is standing and the hollow combine together to four, but only if what is standing is more than the hollow⁶¹There is no hill but a cistern built above ground. If the cistern is covered it belongs to the courtyard since the dwellers on the balcony have to descend to the ground to remove the cover. But if there is a hole through which a pail can be lowered to draw water it belongs to the balcony if the other conditions are satisfied.. Rebbi Ze`ira asked, only if what is standing on each side is more? Rebbi Yose said, it is obvious for Rebbi Zeˋira that what is standing on one side only does not combine; it is obvious for him that one side must be more. He only questions even the second standing part.

⁵⁸The same text is in Chapter 1, Note 224. Rebbi Jeremiah in the name of Rebbi Samuel bar Rav Isaac: the Mishnah is from three to four [hand-breadths]. Less than three even more than ten [cubits] is permitted, four even less than ten [cubits] is prohibited. Where do we hold? From three to four⁵⁹If the hill is within three hand-breadths of the balcony, it belongs to the balcony even if it is by ten hand-breadths higher than the balcony. If it is farther than 4 hand-breadths, it belongs to the courtyard irrespective of height since it can not be accessed directly from the balcony. The conditions of the Mishnah only apply if the distance from the balcony is between 3 and 4 hand-breadths..

If there is no cover; but if there is a cover it belongs to those on the ground floor. Rebbi []⁶⁰The name of an Amora is missing. said, is there is no hole there. But if there is a hole one uses it through the hole⁶¹There is no hill but a cistern built above ground. If the cistern is covered it belongs to the courtyard since the dwellers on the balcony have to descend to the ground to remove the cover. But if there is a hole through which a pail can be lowered to draw water it belongs to the balcony if the other conditions are satisfied..