Rif Eruvin 33a {Eruvin 99b continues ... 100a}

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33a

{Eruvin 99b continues}
Gemara:
"kolet" - yes, but to metzaref, no.

To explain kolet - to grab. That is to say, to accept from the water descending in the air and drink. But to dip with his hand {tzaref} in the gutter, no.
What is the reason?
Rav Nachman said: with a gutter (of 13 handbreadths) less than 3 handbreadths to the roof we are dealing. For anything within 3 handbreadths to the roof is like the roof.
A brayta also says so: A man may stand in the private public domain and lift his hand higher than ten handbreadths, less than three handbreadths to the roof, and kolet, but he should not yetzaref.
And another brayta: A man may not stand in the private public domain and lift his hand higher than ten handbreadths, less than three handbreadths to the roof, and metzaref. But he may kolet and and drink. {But from the upper spout he may kolet in any way emend to}: And from the upper spout in any manner.

It was taught {tana}: and if there is in the upper spout 4 x 4 {handbreadths} it is forbidden because it is taking from domain to domain.

Mishna:
A cistern in the public domain and its bank it ten handbreadths high - if there is a window above it, one may draw from it on Shabbat.
A rubbish heap in the public domain ten handbreadths high - if there is a window above it, one may pour into it water on Shabbat.

Gemara:
To explain: Since its banks are ten handbreadths high - for we have established that the public domain does not extend higher than ten handbreadths, but it is rather a mekom petur {exempt place} - we may therefore draw from it from a window which is above it.

And so too the rubbish heap, we establish this as the rubbish heap of the public, which is not made to be emptied out, but a rubbish heap of an individual, which is made to be emptied out, no. We fear lest it has been emptied out {and is less than ten handbreadths} and has the status of public domain.

Mishna:
A tree that overshadows the ground, if its boughs are less than three handbreadths from the ground - one may carry under it. If its roots are three handbreadths from the ground - one may not sit on them.

Gemara:
"if its boughs are less than three handbreadths from the ground" - to explain, since there are not three handbreadths between them and the ground, {lavud applies and} they are like levudin to the earth and they are thus like partitions. Therefore it is permitted to carry beneath the tree.
And Rav Acha bar Yaakov in perek hayashan {Succah 24b} establishes this as regarding palm branches and branches of bay trees, such that they do not move to and fro in a normal wind. For any partition which cannot stand in a normal wind is not a partition.
Rav Huna the son of Rav Yehoshua said: We may not carry in it where the area was greater than two bet seah
{Eruvin 100a}
for it is a dwelling place that serves only the outside air {=the place outside of it}, and any place that serves only the outside air, we may only carry inside of it up to two bet seah, which is 70 cubits and a fraction {square}.

"and if its roots are three handbreadths from the ground...":
Because it is forbidden to make use of a tree on Shabbat. But if they are not three handbreadths they are like the ground and it is permitted to sit on them.

It was stated {by Amoraim}:
The roots of a tree which come from above three handbreadths to within three handbreadths:
Rabba said: They are permitted, for anything which is less than three handbreadths from the ground is considered to be ground.
Rav Sheshet said: They are forbidden. Since they come by force of that which is forbidden, they are forbidden.

And the halacha is like Rabba, for Rav Yosef permitted to Abaye in accordance with Rabba.

The Sages learnt {in a brayta}: The roots of a tree which are higher than the ground three handbreadths, if the space beneath them are three {handbreadths},