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Steinsaltz

But if he designates an entrance leading to this pit and does not approach it from all sides, he has four cubits only in front of his entrance.

Rav Huna says: A portico [akhsadra] that opens onto a courtyard does not have the adjoining four cubits. The Gemara explains: What is the reason that four cubits were granted for each entrance? The four cubits were granted so that the owner would have room for unloading his animal of its burden. Here he can go inside the portico and unload. Rav Sheshet raises an objection from a baraita: Both gates of houses and gates of porticos have the adjoining four cubits for unloading. The Gemara answers: When that baraita is taught, it is specifically with regard to the portico of a study hall, which is closed and is not used for unloading burdens. The Gemara expresses surprise at this answer: It is obvious that this is the halakha governing the portico of a study hall, as it is a proper room. Rather, the baraita is referring to a Roman portico, which is more open than the portico of a study hall, but also not used for unloading.

The Sages taught in a baraita: A gatehouse, a portico, and a balcony with a staircase leading down to the courtyard have the adjoining four cubits for unloading. Even if five houses open onto the balcony, they only have four cubits in front of the entrance to the staircase that leads to the balcony. Rabbi Yoḥanan asked Rabbi Yannai: Does a chicken coop that also has a staircase have four cubits or does it not have four cubits? Rabbi Yannai said to him: What is the reason that four cubits are granted? It is so that the owner will have room for unloading the burden of his animal. Here this space is not needed, as the chickens climb up to get into the coop and climb down to get out. No additional place is required for the owner to stand alongside them.

Rava asked Rav Naḥman: If a house is half roofed and half unroofed, does it have the adjoining four cubits or does it not have the four cubits? Rav Naḥman said to him: It does not have the four cubits. The Gemara comments: It is not necessary to state this halakha when the house’s roofing is over the inside portion of the house, since it is possible for the owner to go inside and unload his animal. Rather, even when the house’s roofing is over the outside portion of the house, it is not given four cubits, as even in such a case it is possible for the owner to go inside and unload his animal there.

§ Rav Huna asked Rabbi Ami: If one of the residents of an alleyway onto which several courtyards open wishes to alter his entrance to a different alleyway, i.e., to make an entrance to his courtyard that will open onto a different alleyway, can the residents of the other alleyway prevent him from opening this entrance, or can they not prevent him from doing so? Rabbi Ami said to him: The residents of the other alleyway can prevent him from making the change.

Rav Huna further asked: When a king issues a billeting order to the residents of a courtyard, obligating them to house his soldiers in their homes, is the burden divided according to the number of people in each household, or is it divided according to the number of entrances that each house has opening into the courtyard? Rabbi Ami said to him: It is divided according to the number of people in each household. The Gemara comments: That opinion is also taught in a baraita: The dung in a courtyard which the residents wish to use is divided among them according to the number of entrances that open into the courtyard, whereas billeting is divided according to the number of people in each household.

Rav Huna says: If one of the residents of an alleyway wishes to close off an area adjacent to his entrance, i.e., to build a structure in the alleyway adjacent to the entrance to his courtyard, the residents of the alleyway can prevent him from doing so. This is because it will increase the way for them, since they will have to circumvent the structure when going to and from their homes.

The Gemara raises an objection from a baraita: If five courtyards open onto an alleyway, all the residents of the alleyway may use that part of the alleyway that faces the entrance to the outermost courtyard, and the residents of the outermost courtyard may use only that part of the alleyway adjacent to its own entrance. And similarly, the residents of the other courtyards may use that part of the alleyway that faces the second courtyard, i.e., the one next to the outermost courtyard, and the residents of the second courtyard may use that part of the alleyway adjacent to its own entrance and they may use that part of the alleyway facing the outermost courtyard.

The baraita continues: The outcome is that the residents of the innermost courtyard may use that part of the alleyway adjacent to its own entrance, and they may use that part of the alleyway facing each and every other courtyard as well. According to this analysis, it should be permitted for the owner of the innermost courtyard to close off the area in front of his courtyard, since he is the only one who has permission to use it.

The Gemara answers: It is a dispute between tanna’im, as it is taught in a baraita: If one of the residents of an alleyway wishes to alter his entrance to a different alleyway, the residents of the other alleyway can prevent him from doing so. If there had been an entrance there beforehand which is now sealed and he wishes to open it, the residents of the other alleyway cannot prevent him from doing so; this is the statement of Rabbi Yehuda HaNasi. Rabbi Shimon ben Elazar says: If there are five courtyards which open onto an alleyway, the residents of all the courtyards may all use the alleyway with each other.

The Gemara expresses surprise about this last ruling: Courtyards, who mentioned anything about them? Why are they mentioned, considering that the baraita is not discussing the halakhot of courtyards? The Gemara answers: The baraita is incomplete and this is what it is teaching: Additionally, if there are five courtyards which open onto an alleyway, the residents of all the courtyards may all use the area facing the outermost courtyard, and the residents of the outermost one may use only the area facing their own entrance; this is the statement of Rabbi Yehuda HaNasi. Rabbi Shimon ben Elazar says: If there are five courtyards which open onto an alleyway, the residents of all the courtyards may all use the alleyway.

The Gemara directs the discussion to the details mentioned in the baraita. The Master said: If there had been an entrance there beforehand that is now sealed and he wishes to open it, the residents of the other alleyway cannot prevent him from doing so. Rava says: This was taught only when he did not break its doorposts, i.e., when the doorposts remained intact even after the entrance was sealed. But if he sealed the entrance and broke its doorposts, thereby demonstrating that the entrance had been completely negated, the residents of the other alleyway can prevent him from opening a new entrance. Abaye said to Rava: A baraita is taught which supports you:

Talmud - Bavli - The William Davidson digital edition of the Koren No=C3=A9 Talmud
with commentary by Rabbi Adin Steinsaltz Even-Israel (CC-BY-NC 4.0)
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