Bartenura on Mishnah Eruvin

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8.1.2
וכל מי שקבל עליו – to rely upon this Eruv, it is permitted.
8.1.3
ומשחשיכה אסור – and these words [apply] when they didn’t inform him while it was still daylight [on Friday before Shabbat], but if he informed him while it was still daylight [on Friday], even if he hadn’t accepted upon himself to rely upon this Eruv for certain, other than once it became dark, it is permitted.
8.2.1
מזון שתי סעודות לכל אחד – because he acquires his Sabbath camp/place to be the center of Sabbath movements there, he needs to leave there some food that he needs for Shabbat.
8.2.2
אלו ואלו מתכוונים להקל – Rabbi Meir holds that on Shabbat a person eats more because it is the basis of his cooking (which is why he preferred as his standard the food that he consumes on a weekday). But Rabbi Yehuda holds that since on Shabbat he eats three meals, he doesn’t eat a great deal at each meal, but the two meals of a weekday is more than two meals of the Sabbath [day].
8.2.3
ככר בפונדיון – a loaf that is purchased for a Pundiyon (equal to 16 perutot/pennies or 2 Issar) – when they sell four S’ah of wheat to a Sela, and four S’ah are twenty-four Kabin, and the Sela is twenty-four M’ah, it is found that it is a Kab for each M’ah and the M’ah is two Pundiyon, behold that a loaf that is sold in the marketplace for a Pundiyon which is one-half of a Kab, and the storekeeper buys half for the cost of the baking and the milling, it is found that the loaf that is purchased from the storekeeper for a Pundiyon is one-quarter of a Kab which is six eggs, for the Kab is twenty-four eggs in volume, and they are the measurement of two meals of the Eruv according to Rabbi Yohanan ben Berokah. And the Halakha is according to him.
8.2.4
רבי שמעון – [he] reduces the requisite measure and states that it is enough to make an Eruv with two-thirds of a loaf of the size of three loaves to the Kab. And a complete loaf [of bread] of eight eggs is one-third of a Kab. But two-thirds of it which are five eggs and more (i.e., one-third) is for two meals.
8.2.5
חציה לבית המנוגע – this [section] is an anonymous Mishnah, and this is what he said: Half of a full loaf [of bread] that they estimated/measured whether according to the one (Rabbi Yohanan ben Beroka) or the other (Rabbi Shimon), is the measurement for a delay/pause in a leprous house, for a person who enters into a house where there is within it the plague of leprosy, even though becomes immediately ritually defiled, he does not require the washing of his clothes until he waits in order to eat, and this half-loaf [of bread] is in order that he can eat. But for Rabbi Yohanan ben Beroka who stated that a full loaf which is a quarter of a Kab – being the volume of six eggs, it is found that half of that is three eggs, and it this is a piece/certain quantity of bread [or half a loaf] (see Tractate Negaim, Chapter 13, Mishnah 9), that is in the entire Talmud. But for Rabbi Shimon who stated that a full loaf [of bread] is one-third of a Kab, which is eight eggs, that half is four eggs, and this is a piece of bread/half a loaf in all of the Talmud according to Rabbi Shimon. But even though that Rabbi Shimon holds that in a full loaf [of bread] are three meals, for the two-thirds that Rabbi Shimon mentions – is for two meals, these words concern an Eruv that they intended for it, to be lenient, and there is no need for two complete meals. But in all the rest of the places, Rabbi Shimon thinks that a meal is not less than one-half of a loaf of one-third of a Kab, and we require that he wait/delay [the time it takes] in order that he can eat this half-loaf which is four eggs.
8.2.6
חצי חציה לפסול את הגויה – that the person who consumes impure foods equivalent to one-half of a piece of bread, his body is defiled according to the Rabbis from eating heave-offering/Terumah (if he is a Kohen). And half of a piece of bread is an egg-and-a-half [in volume] according to Rabbi Yohanan ben Beroka and two eggs [in volume] according to Rabbi Shimon.
8.3.1
מרפסת (porch/gallery) – a high place in the courtyard of the house and many openings of upper chambers are open to it and everyone descends on one ladder to the courtyard and from it into the public domain, but even though they are not forbidden, for since the gallery/porch is ten [handbreadths] high, as long as the people/members of the gallery will make an Eruv for themselves on the gallery/porch that there will be foot-traffic that is permissible in its place, and doesn’t prohibit (other than in its own place – see Tractate Eruvin, Chapter 6, Mishnayot 9-10).
8.3.2
ששכחו ולא עירבו – these (i.e., the people of the courtyard) with those (i.e., the people of the gallery/porch). But, each [group] made their own Eruv (i.e., one for the people of the courtyard and another for the people of the gallery) for themselves.
8.3.3
כל שגבוה י' – if there is a mound/hill or a pillar that is ten [handbreadths] high near the gallery and the gallery is not ten [handbreadths] higher than the pillar, for the usage of the of the pillar is satisfactory to those in the gallery, the domain of the gallery reigns over it and they use it and not those who are in the courtyard.
8.3.4
פחות מכאן לחצר – it is stated even to the courtyard, that two domains have power there – the gallery and the courtyard, but if they did not make an Eruv one with the other, both are forbidden to use it.
8.3.5
חולית הבור (the entrenchment around the well – increasing its capacity – see Tractate Eruvin 78a) – the rim of the cistern of above, if it is ten [handbreadths] taller from the courtyard, the domain of the gallery reigns over it. But this is so if the cistern will be filled until its upper rim from things that are forbidden to carry them in the Sabbath, so that now, it is impossible that it will lessen from its height, which is similar to a rock that is not missing, for behold, it is equivalent to the bottom of the gallery. But if the cistern is not full or even if is full from things that it is possible to take from them on Shabbat and to lessen it, since by lessening it, it makes it forbidden, but if he doesn’t lessen it, it is also forbidden, for if they didn’t make an Eruv of the gallery and the courtyard with each other, both are forbidden to it.
8.3.6
אפי' גבוהה עשרה טפחים לחצר – even to the courtyard, like to the gallery, and both are forbidden to use if they did not make an Eruv with each other.
8.4.1
הנותן עירובו – the joining of courtyards.
8.4.2
בבית השער – a place adjacent to the gate of the courtyard and they customarily place there a guard so that people from the public domain should not enter into the courtyard.
8.4.3
והדר שם – [the person who lives there] in the gate house that is in the courtyard, does not prohibit upon an owner in the courtyard and he doesn’t have to place bread [there], for it is not a living space.
8.4.4
והדר שם אוסר עליו (a person who lives [in a shed for straw, cattle, wood or storage] who does not share in the Eruv -does prohibit him [from carrying in the courtyard]) – if the houseowner lent out his straw shed to dwell there, he prohibits him [from carrying] – since it is open to the courtyard.
8.4.5
אם יש שם תפיסת יד של בעל הבית (right of storage) – that the house owner has a place in the dwelling in this (i.e., right of storage in, for example, the shed for straw), that he places there his utensils to hide them, it doesn’t forbid him [from carrying objects in the courtyard] , and especially when there aren’t other dwellers there, but if there are other dwellers there, it forbids him; you can also deduce it as it is taught [in the Mishnah] that it does not prohibit him [if he lives in the gatehouse, portico or gallery] – upon him it does not prohibit, but not upon other dwellers it does prohibit, and even though the owner of the house made an Eruv with them. But if these utensils that the owner of the house places there are things that are taken on Shabbat, this is not the right of storage and it prohibits him (i.e., the tenant), but if he wishes, he can take them and cast them outside. And the Halakha is according to Rabbi Yehuda.
8.5.1
הרי זה אוסר – that a dwelling without owners is called a dwelling.
8.5.2
אינו אוסר – because it is not called a dwelling.
8.5.3
ר' יוסי – [Rabbi Yossi] holds that it is not called a dwelling, however, a heathen prohibits, lest he return/come home on the Sabbath. And the Halakha is according to Rabbi Yossi.
8.5.4
אצל בתו – especially his daughter, for a person acts [in such a way] that he lives with his father-in-law, but one’s son, a person does not dismiss from mind his [own] house (i.e., to go back home) to dwell with his son, for perhaps his daughter-in-law will quarrel with him and he will leave. But the Halakha is according to Rabbi Shimon.
8.6.1
בור שבין שתי חצרות – half of it (i.e., the cistern) in this one (i.e., courtyard) and half of it in that onel we don’t fill from it [on Shabbat], for this one (i.e., courtyard) fills from the domain of his neighbor and prohibits it if the courtyards did not make an Eruv between each other.
8.6.2
בין מלמעלה – that there were ten handbreadths of the partition above from the water and one handbreadth sunk in the water.
8.6.3
בין למטה – that there were nine handbreadths sunk within the water and one handbreadth that appeared above it.
8.6.4
בין מתוך אוגנו (whether within its rim) – even though its partition does not touch the water, the general principle is a leniency that the Sages were lenient with the water that they said, “imagine that its partition continued downward” (see Tractate Eruvin 87a), as long as it would be within the rim of the cistern that it would appear like an interruption.
8.6.5
מן הכותל שביניהם – that interrupts between the courtyards and interrupts oer the face of the cistern and even on it the mouth that does not enter into the rim. But the Halakha is not according to Rabbi Yehuda.
8.7.1
אמת המים – even in the private domain, it is a Karmelit (i.e., an intermediate domain between a private domain and a public domain, established by the Sages. The Sages extended the prohibition against carrying on Shabbat from a private domain to a public domain or carerying within the public domain to include certain areas which resemble a public domain. Any open area larger than four square handbreadths that is not a public thoroughfare is in the category of a Karmelit, i.e., fields, seas, rivers, alleyways and lanes. On Shabbat it is prohibited to caerry four cubits within a karmelit or to transfer from a private or public domain to a karmelit and vice versa).
8.7.2
עשו לה מחיצה – with the rim over the face of its width which is recognized that it was made for the water.
8.7.3
מעשה באמה של אבל – the name of a city, that would pass within the courtyards and they would fill from it in the courtyards for the partitions of the wall of the courtyard that were suspended upon it were beneficial. Bug Rabbi Yehuda, according to his reasoning who argued also regarding a cistern, but the Halakha is not according to him.
8.7.4
שלא היה בה שיעור – A Karmelit, that was not ten [handbreadths] deep or was not four [handbreadths] wide, where the waters are not made into a domain into themselves to be considered a Karmelit unless it is ten [handbreadths] deep and four [handbreadths] wide. If they made it at the entrance but not at the exit, it does not benefit at all, for it connected to the water that is outside of the courtyard in its departure, and it all becomes a Karmelit; [but, if they made it – (i.e., the partition) at the exit but not at the entrance it also does not benefit, for it is connected to the water that is above outside of this courtyard. But if they made it at its entrance and at its exit, it benefits, that it appears] as if they begin in this courtyard.
8.8.1
גזוזטרא (balcony)- it is similar to board/plank or a place of its source that juts out from the private domain and protrudes over the water.
8.8.2
אא"כ עשו מחיצה – all around he balcony or around the perforation four [handbreadths] by four [handbreadths] that is hollowed out in its idle, for we state “imagine that the partition continued downward (see again Talmud Eruvin 87a).
8.8.3
בין מלמעלה – above from the the perforation of the balcony.
8.8.4
בין מלמטה – attached to the balcony from below it But Maimonides explained that from below on he water corresponding to the perforation of the balcony, as we stated, “imagine that the partition continued upward [prolonged to reach the ceiling” (Talmud Eruvin 89a and Sukkah 4b), as if the partition reached to the perforation that is in the balcony that we fill [water] from it.
8.8.5
זו למעלה מזו – and the perforation that we fill fro at the top is directed opposite the lower perforation.
8.8.6
עשו לעליונה – that the members of he lower area made a partnership with those who lived in the upper area to make a partition in the upper area, but not in the lower area.
8.8.7
שתיהן אסורות עד שיערבו – for since those who dwelled below are partners in this partition of the upper level, it forbids them. But if they made [a partition] for the lower section, but not make one for the upper area, even though for the upper area there was no partnership in the partition of the lower area, both of them are prohibited. The upper area is prohibited for they have no partition, and the lower araa, even that there is a path to the upper area through it, for it too fills waer from there, it forbids it until they make an Eruv with it. But these words, that the two balconies are removed from each other when it is ten handbreadths high or more between one and the other, but if both of them are within ten [handbreadths] even if both of them made a partition, they will alwas forbid one on the other until they make an Eruv.
8.9.1
אין שופכין לתוכה מים בשבת – that in the four cubits, the water that a person is used to using on each day is absorbed there in their place, and doesn’t go out into the public thoroughfare, but less than four cubits, the waters are not absorbed in their place and go out to the public thoroughfare.
8.9.2
עוקה – hole.
8.9.3
מחזקת סאתים – because a person usually consumes two Seah of water a day (from the supply in the cistern – see Talmud Eruvin 88a).
8.9.4
מן הנקב ולמטה – so that the hollow of the hole supports two Seah prior to the water reaching the perforation that is on its rim that causes an uninterrupted flow into the public thoroughfare.
8.9.5
בין מבפנים בין מבחוץ – whether he made the hole in the courtyard or whether it was made in the public thoroughfare.
8.9.6
צריך לקמור – to make upon it a kind of arch covering from above in order that it is separated from the public thoroughfare.
8.10.1
ביב (pipe, canal) – a trench that is made in order that the water will cause an uninterrupted flow [when they pour] it in the courtyard to the public thoroughfare, and It is arched/covered over through four cubits to the public thoroughfare, for in four cubits there is a limit to absorb in them the two Seah of water that a person consumes on each day.
8.10.2
שופכין לתוכו – that the water terminates and does not go to the public thoroughfare (see Tractate Eruvin 88a-b).
8.10.3
לא ישפוך על פי הביב – for it is poured by a living person, it flows in an uninterrupted flow explicitly to the public thoroughfare, and a person who sees it states that they poured them near his exit to the public thoroughfare. And the Halakha is according to the Sages.
8.10.4
מצטרפין לד' אמות – if there is in the courtyard with the covered place in front of the house that is four cubits by four cubits, they combine, and it is permitted to pour water into it and there is no need for a cavity/pit.
8.11.1
דיוטות upper compartments – opposite each other with a common yard between them.
8.11.2
מקצתן – the members of the upper stories one opposite the other made a cavity in the courtyard and the members of the other did not do so.
8.11.3
ואת שלא עשו עוקה אסורין – all the time that they didn’t make an Eruv. For if they permitted them to those through the cavity of the others, they would come to exclude the utensils/objects with those who pour from the houses and to lower them to the courtyard explicitly until the rim of the cavity with their feet. But they carry in the courtyard that they didn’t make an Eruv for.
9.1.1
כל גגות העיר רשות אחד – and even though that the inhabitants below are divided into two [kinds of] people, nevertheless, the roofs whose usage is not frequent, they do not have the division of the domain and utensils that were kept for the Sabbath on this roof, it is permitted to reove them to the other [roof].
9.1.2
ובלבד שלא יהא גג גבוה מחבירו י' -that if it is divided from them at the height of ten [handbreadths] it is forbidden to carry from it to the [other] roofs, as a decree because of a mound/hill that is ten [handbreadths] high and four [handbreadths] wide in the public thoroughfare [which is the private domain] that they would not come to carry upon him.
9.1.3
כל אחד רשות לעצמו – if the inhabitants who are below did not make an Eruv, it is prohibited to carry from this [roof] to that [roof].
9.1.4
ר' שמעון – is more lenient than all of them, and he states, that roofs and courtyards and outside areas [of seventy cubits added to city limits for purposes of Sabbath distances] which ae not more than a field requiring one Seah of seed since for all of hem their usage is not unique and frequent, they are one domain, and we carry from one to the other without an Eruv, and evn if there roofs that were higher than ten [handbreadths] or much lower than ten [handbreadths], for Rabbi Shimon does not hold by [the concept] of עירובי חצרות/borders of courtyards except because of the utensils of the house.
9.1.5
כלים ששבתו בתוכן – utensils that were spending Shabbat/made their Sabbath camp in one oft hem, we remove them one to the other.
9.1.6
ולא לכלים ששבת בתוך הבית – and he brought them out to the courtyard through the members of the courtyard making an Eruv, it is prohibited to remove them from this courtyard to another courtyard if they didn’t make an Eruv for the two courtyards together. And the Halakha is according to Rabbi Shimon.
9.2.1
הגדול מותר – to remove for himself a house utensil that is below, but the members of the small [roof] are forbidden on it. For relating to the large [roof] this breach is an opening and it is permitted with those railings/rims that are a bit larger from this side and a bit from that side, like a railing that is around the roofs and is considered a closing/cover. But, as for example, that the breach is not more than ten [handbreadths]. But a small [roof], it is prohibited to remove for him utensils of the house for the members of the large [roof] forbid him, for behold it was broken through in its entirety.
9.2.2
הגדולה מותרת – [the large courtyard is permitted] for the railings/rims that remained tto it from one side and from the other, for this breach is an opening.
9.2.3
והקטנה אסורה – for behold, it was breached entirely. And specifically when it was breached prior to Shabbat, but if was breached on Shabbat, even the small courtyard is permitted [for carrying], for sice it was permitted for part of Shabbat prior to its being breached, it was permitted for all of Shabbat.
9.2.4
חצר שנפרצה לרה"ר – that the wall fell that is facing into the public thoroughfare completely, or more than ten [handbreadths].
9.2.5
חייב – it is just like the public thoroughfare.
9.2.6
פטור – [he is exempt] but also forbidden, for it is not the public thoroughfare, but rather a Karmelit. And the Halakha is according to the Sages.
9.3.1
משתי רוחותיו – from one direction that takes hold of two directions, as for example, when the corner piece is breached, even when there aren’t ten cubits in the breach here in the corner piece it is not considered as an opening, for an opening in the corner piece, people don’t use. But a breach that is greater than ten [cubits], even from one direction [only], prohibits.
9.3.2
וכן בית שנפרץ מב' רוחותיו – that it was breached in the corner piece and part of this wall and part of the other wall fell, and the ceiling/roofing is not spread and fastened on the place of the breach, but if the roofing is spread over the place of the breach, the breach does not prohibit in the house, as we said, the mouth of the roof descends and stops up/closes.
9.3.3
מותרין לאותה שבת – for since it was permitted for part of it (i.e., the Sabbath).
9.3.4
לעתיד לבא – for next Shabbat.
9.3.5
ר' יוסי ומר אם מותרים כו' – meaning to say, in the same way that it is prohibited [to carry] for the next Shabbat, so it is prohibited for that Shabbat. And the Halakha is according to Rabbi Yossi. But we don’t say that [since] it was permitted for part of the Sabbath, it is permitted for all [of it], other than regarding the matter of the Eruv. For something that was permitted via [construction] of an Eruv for part of Shabbat, and it resulted that on that Shabbat something that was worthy through it that the Eruv would be abolished/undone, the Eruv is not abolished, for since it was permitted for part of the Shabbat, it was permitted for all of it, but in a place which had partitions prior to the Sabbath and its partitions were breached on the Sabbath, we don’t say regarding it, that since it was permitted for a portion of the Sabbath, it is permitted for all of it.
9.4.1
על גבי שני בתים – and they are on two sides of the public thoroughfare, we carry underneath the upper room, for the mouth of the ceiling from each side descends and closes.
9.4.2
וכן גשרים המפולשים (bridges under which there is an open passage) – and they have partitions from below on the two sides.
9.4.3
מערבין למבוי המפולש (for an alleyway which is a thoroughfare) – for since there are two partitions, that he (i.e., Rabbi Yehuda) holds that an alleyway that has two partitions, according to the [laws of the] Torah is a private domain. But the Halakha is not according to Rabbi Yehuda.
10.1.1
המוצא תפילין – in a field in a place where they (i.e., the Tefillin) are not guarded.
10.1.2
זוג זוג – one for the head and another for the arm, in the manner that one dons them on weekdays, and that is as a pair, and then he always returns them and brings them in pair by pair until he brings in all of them, as he (i.e., the anonymous Tanna of our Mishnah) holds that Shabbat is a time for Tefillin, but the Sages made a decree upon them lest a strap breaks and he brings them with his hand, and if he were to don more than one pair, there is [the problem] of “not adding [to the commandment]” and this prohibition of “not adding” compares them upon him as a burden. But Rabban Gamaliel holds that Shabbat is not a time for Tefillin and that is the reason why the Rabbis permit saving them because it is adornment; hence, we bring them in two pairs at a time. For two pairs are an adornment since we taught that where there is on the head a place to wear two Tefillin, and all the while that they are an adornment, it is permitted, but because of [the prohibition of]“not adding” doesn’t apply here, for there is no commandment of Tefillin here at all, other than the rest of mere clothing. But the Halakha is not according to Rabban Gamaliel.
10.1.3
בישנות – where the knot is recognized (i.e., in old Tefillin) that they are definitely Tefillin and they have sanctity, and it is prohibited to place them in a contemptable location, but new Tefillin, we do not desecrate the Sabbath for them to bring them in for perhaps there are a mere amulet, and there is no sanctity other when they are made according to Jewish law for their purpose [of being Tefillin].
10.1.4
צבותים – each pair of Tefillin is tied to itself.
10.1.5
כרוכים – many pairs [of Tefillin are tied] together.
10.1.6
מחשיך עליהן – he sits and guards them until it becomes dark, and once it becomes dark, he brings all of them in together as in the case when they are many. For if he were to bring them pair by pair, he would not complete his bringing them in prior to the night, and if they are in a manner that he would complete bringing them in to the house before the night, he brings them in pair by pair as we stated.
10.1.7
ובסכנה – when they decreed religious persecution [against the Jewish religion] to not wear Tefillin, and our Mishnah is deficient and should be read as follows: when is this said, in the danger of religious persecution, but if he fears to delay there because of robbers, he carries them less than four cubits.
10.2.1
ר"ש אומר נותנן לחבירו – and he doesn’t bring them in less [less] than four cupids for he fears from robbers, it was made a decree lest he cause them to pass from the beginning of four [cubits] to the end of four [cubits], and the Halakha is according to Rabbi Shimon.
10.2.2
וכן בנו – that his mother gave birth to in the field on Shabbat.
10.2.3
נותנו לחבירו –one gives him to his fellow, for this is preferable than to carry him a bit less than four cubits.
10.2.4
אפילו חוץ לתחום – it speaks of an ownerless earthen wine jug, for if it has owners we surely hold that the animals and utensils are like legs of the animals, and Rabbi Yehuda holds that ownerless possessions do not acquire a place to be the center of Sabbath movements.
10.2.5
אמרו לו – Rabbi Yohanan ben Nuri (see Talmud Eruvin 97b) is the one who states this for we understand from him that ownerless possessions do acquire a place to be the center of Sabbath movements in their place.
10.2.6
לא תהלך זה יותר מרגלי בעליה – that is to say, if they had owners and they did not create a symbolical community of residence by an Eruv, he would not walk more than two-thousand cubits; here too, he should not walk other than two-thousand cubits from the place where he appointed a place to be the center of Sabbath movements.
10.3.1
הקורא בספר – all of their books were rolled like our Torah scrolls.
10.3.2
האסקופה – a kind of balcony/portico that is in front of the entrance of the house and it is a marked off plot in a public thoroughfare (which cannot be classified as either private property or as a public thoroughfare).
10.3.3
גוללו אצלו – since for one head is in his hand.
10.3.4
לעשרה טפחים – the lower parts that are near the ground of the public domain, for if the tie/knot is not in his hand, it is prohibited, according to the Torah (to roll it back), and we make the decree that the tie in his hand is on account of when the tie is not in his hand. But in the Gemara (Talmud Eruvin 98a), an object is raised for it does not rest, that is to say, even though it arrived at the ten lower handbreadths, there is no Torah prohibition here, even if he did not have the knot/tie in his hand, since it did not rest in the public domain, and we answer, such as case that there was there a slanting wall, and the scroll came to rest on the protruding part of the wall of the ten lower handbreadths, which is as if it came to rest in the public domain, but if the the knot was not in his hand, it would be a Torah obligation [that is violated] if he brings hit near him. But our Mishnah is taught deficiently and this is how it should be taught: if it arrived to the ten handbreadths from the ground, they turn over upon the written side. When is this said? With a slanting wall that rests, but with a wall that it not slanted, roll it back to himself, according to Rabbi Yehuda, for Rabbi Yehuda states that even if it is removed above the ground only a needle’s thickness, he may roll it back to himself, for we require resting upon something.
10.3.5
הופכו על הכתב – that the letters will be towards the wall in order that it not lie so much in disrepute, and we leave it there until it becomes dark [on Saturday night].
10.3.6
דבר משום שבות – such as the case when the knot/tie is in his hand, and if it is not, this is the rest/abstention from any pursuit forbidden on Shabbat or a Jewish holy day/festival by the Rabbis as being out of keeping with the importance and sanctity of this day, if he comes to roll it up towards himself, for he is not liable from the Torah other than if the scroll left his hand completely and came to rest in the public domain, and he came to uproot it from the public domain and to place it in the private domain, but the Halakah is not according to Rabbi Shimon.
10.4.1
זיז – a stone or wood that protrudes from the wall on the airspace of the public domain, ten handbreadths above the ground of the public domain.
10.4.2
נותנין עליו – those who live above and take them from him, for the airspace of the public domain does not extend other than up to ten [handbreadths] , and specifically for utensils that break like cups and glass which we place on it. But we do not do so for utensils that do not break, lest they fall into the public domain and they will go and carry them.
10.4.3
עומד אדם ברה"י – in the house or on the roof and he takes an object here and places it there in the public domain, and even though his head and most of his body stands in the public domain in the place of the object, we do not decree that perhaps he will bring it near him.
10.4.4
ובלבד שלא יוציאוהו – from four cubits from where it was placed.
10.5.1
וישתין ברה"ר – for it goes forth from the private domain to the public domain, an d if he urinated, he is liable for a sin-offering, and even though we require uprooting from a place that has four cubits by four cubits, and urination and the spittle were as if they were lying in a place which has four cubits by four cubits.
10.5.2
שנתלש רוקו – and it formed globules and rolled around in his mouth, but the Halakha Is not according to Rabbi Yehudah.
10.6.1
וישתה ברה"ר – and these words regard with utensils that require him, for we make the decree as perhaps a person will carry it, but with utensils that don’t require him, it is permissible, even if he didn’t bring in his head and the majority of his body into the public domain.
10.6.2
וכן בגת – regarding tithing, that if he brought his head and the majority of his body into the wine-pressing vat, he can drink without tithing, for it is considered a ‘chance’/incidental drinking but outside the wine-pressing vat, he is not allowed to drink without tithing for that would be regular drinking.
10.6.3
קולט – catch, that is to say, receive from the running waters and drink.

Bartenura on Mishnah, trans. by Rabbi Robert Alpert, 2020. Via Sefaria (sefaria.org), Sefaria-Export. Version source: http://sefaria.org/ Licence: CC-BY. Source.