MISHNAH. IF [THE AREA OF] A
COURTYARD WAS LESS THAN FOUR CUBITS NO WATER MAY BE POURED OUT INTO IT ON THE
SABBATH UNLESS IT WAS PROVIDED WITH A TROUGH HOLDING TWO SE'AH FROM ITS
EDGE DOWNWARDS, IRRESPECTIVE OF WHETHER IT WAS (flowing) WITHOUT (the
Courtyard) OR WITHIN, EXCEPT THAT IF IT WAS WITHOUT IT IS NECESSARY TO COVER IT
AND IF IT WAS WITHIN IT IS NOT NECESSARY TO COVER IT.
That is, if the trough flows from or to a public domain from
the private one, it must be covered with boards so that it is clearly a “free”
domain.
Why does there have to be a two se’ah space in the
trough? According to the rabbis that is supposed to be the amount of water a
person uses in a day.
Of course, the usual thing in those days, particularly for
those in the upper stories, is to pour waste water into the roof gutters and
let it flow into the drain. In a small courtyard (less than 4 cubits) that
would be restricted as well. Or maybe not:
One taught: This applies only to
the hot season, but during the rainy season a person may pour his water again
and again without any limit.
Waste water added to a gutter in the rainy season would not
add noticeably. And, equally important, it would not be noticed and cause
others to think that Sabbath restrictions were not in place. In the dry season,
it would stand out!
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