הלכות שבת פרק כ״ז

Chapter 27: Laws of Techumin – The Prohibition of Going Outside the Techum on Shabbat

Introduction to the Chapter

Speaker 1:

Welcome to the Rambam shiur. Today we are taking chapter 27 of Hilchot Shabbat. The Rambam shiur is dedicated by our friend the benefactor Rabbi Yoel Leib Wertzberger, and what is said through the rabbis, the geonim, the tzaddikim among us.

Right. Today now is Sunday afternoon, when all the Jews and gentiles in all of America are sitting by the beach and hanging out. And the wise ones, us with our friends all who listen and learn with us, are sitting by the Rambam and by the Gemara, and we’re learning holy Torah, which is much better than sitting by the beach. Good.

So, basically, at the beginning of Hilchot Shabbat we learned that there are five mitzvot in Hilchot Shabbat. Now we’re coming… we’ve already finished essentially all the laws of “lishbot bashevi’i shelo la’asot bo melacha” (to rest on the seventh day not to do work on it). We also learned “shelo la’anosh b’Shabbat” (not to punish on Shabbat), in a previous chapter, I mean two chapters back, yes, we learned the lav (negative commandment).

Now we’re going to learn the fourth lav, the fourth mitzvah, not the fourth lav, the fourth… the third lav, but the fourth mitzvah, which is “shelo latzet chutz l’gvul b’Shabbat” (not to go outside the boundary on Shabbat), as it was stated in the introduction to the laws. And there are two chapters about this. The next chapters, 27 and 28, discuss the laws of techumin. Chapter 27 discusses what is the prohibition of going outside the techum, what is the measure and what is the prohibition. And chapter 28, the second chapter, discusses all the details of how one measures the techum. Because there is a techum, it has a certain measure, there are many interesting laws about how one measures the techum, one makes squares, and all kinds of laws about how one rounds up and rounds down, and so forth.

After that the next two chapters, 29 and 30, discuss the last mitzvah of Shabbat, which is “lekadesh et hayom” (to sanctify the day), the matter of kiddush, and the matter of oneg Shabbat (Shabbat delight) is chapter 30. And with that we will have finished Hilchot Shabbat. We will have already finished all the melachot, that is except for the matter of techum. It’s not a melacha, but an extra thing.

Speaker 2:

An extra thing. Right.

Speaker 1:

So, it’s interesting. You could say it’s like similar to hotza’ah (carrying out), going out, but it’s not the same thing. So, we’re going to learn what the Rambam says, yes? Let’s learn a bit.

Halacha 1: The Basic Law of Techumin – D’oraita and D’rabbanan

Speaker 1:

“One who goes outside the techum of the city on Shabbat” – if someone goes outside the techum, “the city” always means in the Rambam the town, it doesn’t mean what we call a country that contains within it several cities. Someone goes outside the city on Shabbat, “lokeh” – he receives lashes. This means it’s d’oraita (from the Torah), and it’s a lav. “Shene’emar” (as it is stated), it says in the verse, “al yetzei ish mimkomo bayom hashevi’i” (let no man go out from his place on the seventh day).

What is this “mkomo” (his place)? It’s not going out from a place, it’s not going out from four amot, because that was at the place where they gathered the manna. So what does “al yetzei ish mimkomo” mean here? “Makom zeh” (this place), the place that one is speaking about not going outside of, “techum ha’ir” (the city’s boundary). You should not go outside the techum of the city.

The Measure of Techum – A Hint in the Torah

And now you’re going to ask, ah, what is the techum of the city? The Rambam says like this, and these are interesting words, let’s pay attention: “V’lo natnah Torah shi’ur l’techum zeh” (and the Torah did not give a measure for this techum) – the Torah didn’t give any clear measure for this techum. What does this mean? It’s clearly, this is clearly d’oraita, it’s not only d’oraita, but it’s stated clearly in the verse, as it explains itself that “al yetzei ish mimkomo” doesn’t mean, for example the Ramban says altogether that it doesn’t mean this halachically, it means the prohibition of hotza’ah. No, it means going out, and “makom” doesn’t mean anything other than the techum of the city.

So, whatever the techum of a city is, not only of the city, right? A city is one thing, and the techum is outside the city, right? So, the “makom” means the city plus its techum, plus the area around the city. That’s what it says. What doesn’t it say? It doesn’t say how large the techum is. A city you know what it is, but how large is the techum?

“Lo natnah Torah shi’ur l’techum zeh, ela chachamim he’etiku.” “He’etiku” is an interesting expression. He doesn’t say that the Sages enacted, he doesn’t say that the Sages received. They “he’etiku,” meaning like transferred, transmitted, carried. “Ma’atik” usually means carried from one place to another. Received, perhaps halacha l’Moshe miSinai or the like, they received that techum zeh, this techum that we’re talking about here, the techum of the city, is outside twelve mil.

Where does twelve mil come from? He says, keneged machaneh Yisrael (corresponding to the camp of Israel). When Moshe Rabbeinu speaks to the Jews, he tells them to go ish al mkomo (each man to his place), what is the place he’s talking about? The Jews are in the camp of Israel, and the camp of Israel is twelve mil large. Yes, it says in other places how one makes the calculation that it’s twelve mil.

And then he says, when Moshe Rabbeinu says “lo tetze’u chutz lamachaneh” (don’t go out outside the camp), don’t go outside the camp. It’s interesting, because outside the camp is still the camp, and if you have a city, I don’t know why, but the simple meaning means to say… Before this the Rambam says that it’s not stated. If it were stated clearly, one would say that it’s stated. It’s not stated. It says “ish al mkomo.” One understands that makom means techum of the city, but how large is the techum? The Sages said based on such a hint, there is a hint that the camp of Israel was twelve mil large, meaning techum of the city, don’t go out further from your city chutz lamachaneh, that is like a measure of how much the camp of Israel is.

So it comes out that d’oraita one may not go out more than twelve mil from one’s city.

Discussion: Why Lokeh If It’s Only a Hint?

Speaker 2:

And for this one receives lashes. And who says lokeh? It says one receives lashes.

Speaker 1:

Yes, it’s not so clear. If this is only a hint in the verse, why isn’t this d’oraita? Why does he say “lav shenittan l’tashlumim” (a prohibition given for payment)? But you answered, right? Yes, it doesn’t fall out so clearly. But he said that because it’s not true that one may not go out chutz lamachaneh. He only says that this is the measure of how far one may go out from the camp. So it’s not stated, it’s only a hint. Also true is like we just caught, it’s not stated at all in the Torah that the camp of Israel is twelve mil. That’s also a calculation that the Sages had for some reason.

The Rabbinic Measure – Two Thousand Amot

Speaker 1:

And from the words of the Sages, the Sages enacted less than twelve mil, they said “shelo yetze’u chutz la’ir ela ad alpayim amah” (that they should not go out outside the city except up to two thousand amot). They went from twelve mil to less, how much? One mil, which is two thousand amot. “Aval chutz l’alpayim asur, she’alpayim hu migrash ha’ir.” That is, this is also the source, the techum of the city and migrash of the city, which was given to the Levites, that is the boundary around the city, the place that is still considered to belong to the city, this is also the source in the verse.

Rabbi Akiva, who said that techumin is d’oraita, held that it’s stated in the verse, it’s stated in the verse in Parshat Masei, yes, “umadotem michutz la’ir alpayim amah” (and you shall measure from outside the city two thousand amot). What do you see? That outside a city, he learned in the verse, outside a city there is a migrash, like the area that the city uses, there one can have animals in the city, whatever it is, it’s an empty area, not a built-up area, apart from the laws of the cities that were given to the Levites, where it says there that there was outside two thousand amot of migrash. Rabbi Akiva argued that here it explicitly states that techumin is d’oraita two thousand amot.

But the Rambam… Rabbi Akiva learned that “umadotem” is talking about Shabbat, “umadotem” you should measure for Shabbat. So he had a source, yes. I don’t know where he learned that there, but Rabbi Akiva said techumin is d’oraita, one must look what is the source. The Gemara brings it incidentally, Rabbi Akiva, the opinion of Rabbi Akiva is techumin d’oraita, and his source is the migrash of the city.

But the Rambam doesn’t rule like Rabbi Akiva, he rules yes like a Yerushalmi which says that even the Sages who disagree with Rabbi Akiva say that techumin is d’oraita with twelve mil, but the measure of two thousand amot is still like the migrash of the city that’s stated in the Torah. From this perhaps the Rambam took the measure, or it makes sense because the migrash of the city is two thousand amot, and so forth.

So this is the main matter that techumin according to the Rambam, twelve mil is d’oraita, two thousand mil is d’rabbanan. And the other Rishonim, the Ramban and others, disagree, they say that techumin is always d’rabbanan, even two thousand mil. One must know halachically how we rule, I think we rule, we still bring both opinions, one must know.

Halacha 2: Practical Ramifications – Three Levels

Speaker 1:

Nu, nimtzata lamad (so you have learned), it comes out, that is, since we’ve now said, what he wants to say is, halacha l’ma’aseh (in practical terms) three things come out. That is, what do I mean to say that there is a prohibition of techumin? What is the main prohibition of techumin? There is first of all a matter of a city, then there is outside the city, then there is twelve mil outside the city. Right?

The Rambam says, in chapter 27 halacha 1 the halacha comes out like this, “One who walks outside the techum on Shabbat lokeh makat mardut (receives lashes of rebellion), for the entire city is like four amot.” In the city itself one may walk, there is no prohibition of walking too many steps, because in the city one may walk even if it’s a very large city, even if it were like Nineveh, even if it’s as large as Nineveh, as it says about it “a great city to God,” a very large city, one may, whether it is surrounded by a wall or not surrounded by a wall, there’s no difference whether the city has a wall or not.

Speaker 2:

So you shouldn’t think that “makom” means that it’s something smaller.

Speaker 1:

Yes, but I say “makom,” we spoke about this earlier, “makom” means the city. That’s first of all, in a city one may walk.

Two Thousand Amot Squared – The Corners

“And likewise one who walks outside the city, on Shabbat one may walk two thousand amot in every direction.” And how does one measure the two thousand amot? One makes it “alpayim amah meruba’ot k’tavla meruva’at” (two thousand amot squared like a square board), like a box. Why does one do this? “Kedei sheyishtaker et hazaviyot” (in order to gain the corners), so one should also gain the corners, because the city doesn’t usually end in an exact place. Even when not, even when the city is exactly square, soon we’ll see in the next chapter how one can make even greater innovations with the square.

But simply, like we learned by the four amot of hotza’ah, of “he’evir arba amot birshut harabim” (carried four amot in the public domain), right? A square of four, at the corner, if one goes diagonally, it’s more. Here you say that one makes a whole square of two thousand amot around the city, it comes out that one may walk even further than two thousand amot essentially at the corners. That is “sheyishtaker et hazaviyot.” A bit more. Soon we’ll see later the numbers.

Makat Mardut and Lashes from the Torah

“And if he went out beyond two thousand amot, even one amah, lokeh makat mardut.” Like every time when one transgresses a d’rabbanan one receives makat mardut. “Up to twelve mil.” The law of makat mardut goes until twelve mil, because that’s d’rabbanan. “But if he went out from the city more than twelve mil,” if one went out from the city more than twelve mil, even one amah, even with one amah more than twelve mil, then lokeh min haTorah (receives lashes from the Torah), because then it becomes d’oraita.

Discussion: The Rambam’s Approach in Teshuvat

Speaker 2:

But good. Interesting, earlier when the Rambam said the teshuvat, he also had something like this, something a mixture of d’oraita with d’rabbanan. The essential thing is stated in the Torah, but…

Speaker 1:

No, it was only stated.

Speaker 2:

It wasn’t stated like that in the Rambam.

Speaker 1:

No, it wasn’t stated.

Halacha 2 (Continued): Going Out Beyond Two Thousand Amot – Punishment of Makat Mardut and D’oraita

Speaker 1: You say that one makes a whole square of two thousand amot in the city, it comes out that one walks even further than two thousand amot essentially at the corners. It stands sheer across like it is. A bit more. We’ll see later the numbers.

Further, “And if he went out beyond two thousand amot, they strike him with makat mardut.” Like every time when one transgresses a d’rabbanan one receives makat mardut. “Up to twelve mil.” The law of makat mardut goes until twelve mil, because that’s d’rabbanan. “But if he went out from the city more than twelve mil,” if one went out from the city more than twelve mil, “even one amah,” even with one amah more than twelve mil, “then he receives lashes from the Torah,” because then it becomes d’oraita.

Discussion: The Rambam’s Approach in Mixture of D’oraita with D’rabbanan

Speaker 2: Ah, good. Interesting. Earlier, when the Rambam said the teshuvot, he also had something like this… it was different, but he also had something like this that it’s a mixture of d’oraita with d’rabbanan.

Speaker 1: No. The essential thing is stated in the Torah, and then it can be the Rabbanan added. But there everything is d’rabbanan there. And there it comes out that although it begins with a verse, here it begins with a verse and it is indeed d’oraita, a part of it is d’oraita. Rabbanan can have verses from today until tomorrow, it’s called asmachta and so forth. The Rambam doesn’t hold that there is essentially a d’oraita and any shevut. The two thousand amot is altogether d’rabbanan. Even the verse “teshuvot” that the Rambam said, he didn’t say it’s d’oraita. He only said there’s a source, a hint. Approximately like here you have “migrash ha’ir,” let’s say, is a hint for the Rabbanan, but it doesn’t make it d’oraita. I’m certain that this is the opinion of the Rambam.

Halacha 3: Techumin Above Ten Tefachim

Speaker 1: Now, let’s go further. “One who walks outside the techum.” Let’s know an interesting inquiry. What happens if someone walks in a forbidden world? For example, someone built for him a platform in his walking high. Let’s say, he has a platform is more complicated. He jumps on pillars that are higher than ten tefachim. He jumps on pillars that are ten high. “And they are divided four by four.” If each one is four by four, each one becomes a reshut hayachid (private domain). Four by four amot, right? Not because it becomes a reshut hayachid, because it becomes a separate domain. It’s not like gud asik (extend upward) above ten tefachim. Right, so he’ll say.

There’s a halacha with this, because here there’s a doubt. What is the doubt? The doubt is, there is techumin above ten, and there isn’t techumin above ten. There is a law of techumin higher than ten tefachim. There’s a doubt d’oraita, and therefore the techumin are now from the Torah. If one goes more than twelve mil, but there it would be a doubt d’oraita. Less would be a doubt d’rabbanan. So it comes out apparently. There’s a doubt.

“But if the place has four by four,” if however the pillars are indeed high four by four, then it’s high and wide, high ten. If however the place outside the pillars are actually platforms built high four by four, it’s not called at all above ten tefachim, because so comes out the practical halacha, and there there is a prohibition of techumin, and there he is indeed liable d’oraita if he walks more than two thousand amot.

The law of above ten doesn’t really apply practically in the manner of pillars, but when one travels in a ship or such a thing. Even when one travels in a wagon is a different discussion, there are other things. But it’s also there, true, if there’s also such a thing called above ten, even normal cases, not only when one travels in a ship, but simply that he walks on, what’s it called, on pillars.

Discussion: Techumin in a Karmelit

Speaker 2: The question is about a karmelit whether there is techumin. If one is dry one is not liable, when one is wet then one is liable. What’s the problem? What’s the problem with Shabbat techumin with carrying? The place is a reshut hayachid now. I mean, if there is four by four and it’s ten high.

Speaker 1: If it’s d’oraita a reshut hayachid, then Shabbat techumin which is in a reshut hayachid is no problem. There the laws, how large it is, how it becomes a reshut hayachid, perhaps there are different laws.

Speaker 2: Very good. Further the Rambam says like this, one who rested… do you have the Mishna? One who rested in a pen. Very good.

Halacha 4: One Who Rested in a Pen – Resting in a Reshut Hayachid That Is Not a City

Speaker 1: So this is, this is talking generally when one lives in a city. In a normal case, let’s already put on. In a normal case, a person lives in a city, he has the Shabbat techum, yes? Now we can learn what happens when one doesn’t live in a city. That is, one lives yes, but when Shabbat is he’s not in a city. So what happened? Apparently the two thousand amot originally is talking about a city, and a person lives in a city and outside there is the migrash of the city and so forth. But what if it’s not so?

“One who spent Shabbos in a pen”

“One who spent Shabbos in a pen (dir),” and a pen means a stable, yes, a place where animals are kept. “In a pen that is in the desert, or in a sahar or in a cave,” dir and sahar are the same thing, two types of stables. “Or in a cave” or in a cave. A stable means that it’s an empty open place, right? Or perhaps it’s actually an enclosed stable. It means that it’s a place where animals move around. There’s no difference, the point is that it’s a reshus hayachid. A place that is a reshus hayachid, “he may walk through all of it,” he can go throughout the entire pen, “and outside of it two thousand amos in every direction, squared.” Around the entire reshus he adds on, he can add two thousand amos. That is, the pen gets the same law as a city, that he can go throughout the entire city, and he can go another two thousand amos.

Very good. So any reshus hayachid, it’s not only a city that has the law of a city, rather any reshus hayachid, one gets two thousand amos around the reshus hayachid where you were on Shabbos.

One Who Spent Shabbos in a Valley – Shevisa in a Karmelis

Speaker 1: What about someone who is not sitting in any reshus hayachid, but just in the desert, right? Yes. Or “one who spent Shabbos in a valley (bik’ah),” a karmelis, he is in a karmelis, “even if he did not sit there to acquire shevisa, even though he did not acquire shevisa,” even if he didn’t acquire shevisa, when he acquires shevisa it’s certain that when he acquires shevisa he acquires shevisa for two thousand amos in every direction. But even if he didn’t acquire shevisa, it’s the same thing, “he may walk from his place two thousand amos in every direction, squared.” The bik’ah is not like a reshus hayachid where we say he may go throughout the entire bik’ah, rather in the bik’ah he may go two thousand amos. Right, so in other words there’s another chiddush. That when one is in a city or in a reshus hayachid, one has the entire city or the entire reshus hayachid plus two thousand amos, and when one is in a bik’ah one has only two thousand amos.

Right, good, so here there’s another chiddush, not only that even in a reshus hayachid one can go throughout the entire place plus two thousand amos, but a third chiddush, that even when one is not in any reshus at all, you’re in a bik’ah, wherever you are, wherever you are spending Shabbos, you have two thousand amos in every direction, even without any place to be spending Shabbos. And here there are two levels, here there’s one, you are acquiring shevisa, as we’ll see later when it will say, what does acquiring shevisa mean? That means you say, “I am spending Shabbos here, this is my home, and I can go two thousand amos from this.” Or even if you’re not spending Shabbos, you were sleeping, what does it mean you were sleeping? You’re not spending Shabbos, you don’t know, you don’t have awareness, various things, acquiring shevisa requires awareness, one can’t be sleeping, we’ll see later. But even not, two thousand amos one always has.

Measuring Through Average Steps in a Bik’ah

Speaker 1: So it’s very simple, a city has a techum, we’ll see in the next chapter we’ll see laws about this. One can’t, I mean, if one doesn’t know perhaps one can, but usually a city has, as we said, a migrash, or people have already calculated what the techum is, they’ve placed a sign. This is the normal case of a city, we’ll see explicitly in chapter 28 the laws of how it works. Now, if one doesn’t know, but a normal city one does know, and there are even laws, one can rely if someone said that he remembers that they measured, there are various ways how it works there. When you’re in a bik’ah, you don’t have a place where people live where they’ve already calculated how far it is, so then…

A bik’ah is not a place where… no, one knowledge, that is, the one knowledge, when you’re spending Shabbos in a bik’ah you don’t know, because you don’t have… if he’s spending Shabbos in any random place, he must calculate from there, right? No, he’s speaking of a common case, there are in other places, in a reshus hayachid or in a city that has an eruv, around that people know approximately the techum Shabbos, it’s not in a bik’ah. And how does one know? “Walking two thousand average steps,” he should walk two thousand average steps, “and this shall be your techum Shabbos,” this is the techum of two thousand amos.

Discussion: Is Average Steps a Lechatchila Measurement?

Speaker 2: Oh, I think that this is not just a… this is not advice, because actually perhaps one can rely on this.

Speaker 1: Generally speaking, one might think, there are better ways to know what the techum is, and this is not how the law is. If in such a case he may rely on this type of measurement, it’s not a true measurement. When one measures truly, one doesn’t fulfill it with this type of measurement. One must calculate with a rope, whatever, we’ll see how one truly calculates. There’s no difference, two thousand amos and two thousand average steps are not the same thing. It’s approximately the same thing. If you’re in a stuck situation, the Chachamim let you measure this way, “and this shall be the techum Shabbos.” The Gemara says, “and this shall be the techum Shabbos,” this is your techum Shabbos, but it’s not truly the techum Shabbos, it’s not a way of measuring. The way of measuring has other laws of how one must truly measure. Lechatchila.

Speaker 2: Can you say that this is bedieved?

Speaker 1: Bedieved, a normal person, average steps is approximately two thousand amos, one may rely on this when one doesn’t have another… one doesn’t know something else. Or perhaps in a bik’ah, perhaps in a city one may not rely on this, we need to see.

Speaker 2: In a reshus hayachid, you’re comparing the whole time to a city, you say that a city, around a city there is a known…

Speaker 1: Yes, yes.

Speaker 2: …there is a known techum Shabbos. He wants to say around a reshus hayachid also. He needs to measure, in a reshus hayachid there’s also a fixed place, he needs to measure, yes.

Speaker 1: We need to see. Actually, it’s a kula, it’s not a way of measuring, it’s not…

Speaker 2: What’s different about a bik’ah than…

Speaker 1: As you said. This is always the heter for lack of knowledge, or does it have something specific to do with valleys?

Speaker 2: No, it’s a bik’ah, it’s a place where one doesn’t know. In a reshus hayachid one knows better. Certainly one knows better.

Speaker 1: Why does one know better in a reshus hayachid?

Speaker 2: Because there is a fixed place there, you’re spending Shabbos there every week, whatever, there’s an animal stable there, one knows what goes on there.

Speaker 1: But he knows the measure of techum Shabbos?

Speaker 2: He doesn’t know the measure of techum Shabbos. He doesn’t know the measure of techum Shabbos. Because you’ll see in the next chapter, chapter 6, you’ll see, there’s a whole industry of techum measurers. They build it, this is a kula, this is not, this is not the law of techumin Shabbos, this is a kula that one may do this, presumably because it’s with the Rabbis, and the Rabbis allowed that a person shouldn’t be stuck. This is the first question you’re asking.

Discussion (Continued): Measuring Techum Shabbos Through Average Steps — Law or Leniency?

Speaker 1: I’m telling you, he has a fixed place, he spends Shabbos there every week, but he’s there in an animal part, one knows what goes on there. You don’t know, it’s a question on him, because you’ll see in the opposite chapter of carrying out, you’ll see that there’s a whole industry of techum measurers.

My point is that this is a kula, this is not the law of walking techum Shabbos, this is a kula that one may do this, because this is with the Rabbis, the Rabbis allowed that a person shouldn’t be stuck. What everyone calls it didn’t help, understand? He brings that there are those who say that the heter is only for the need of a mitzvah, for example.

Again, measuring steps, this is the halacha. Average steps. Again, he says that this is a kula. I bring myself a proof of what I’m saying, that this is a certain kula that one may rely on the two thousand average steps, and this is only… I don’t know where you’re getting that it’s a great kula. The Mishna Berura speaks about measurement, he speaks about a kula about the whole problem. He speaks of the halacha, he speaks of the halacha. If one doesn’t know… we learned before whether one may make a loan, whether one may measure on Shabbos. What? No, what are you thinking? This speaks on Shabbos, he speaks of the halacha. Certainly he speaks of the halacha. There’s no connection, this is measuring on Shabbos, we’re talking about counting steps, not any measurement, this is not the topic. I don’t know, we need to check, by me it doesn’t say Yom Tov.

So, I’m telling you that this is a kula. Certainly a kula. Now, okay, until here basically we’ve learned what is the concept of what techum Shabbos means, simply going out beyond the techum, and another two thousand amos around, no difference if you’re in a city, no difference if you’re in a bik’ah, always there are two thousand amos, this is basically what we’ve learned, yes?

Laws 5-6: When His Measure Ends Within a City or Reshus Hayachid

The Principle: One Who Spent Shabbos in a City Versus One Who Comes to a City

Speaker 1: Now we’re going to learn, the person actually, or another person would have seen, the law begins with a person who is outside of a city, he didn’t begin Shabbos in a city, how far may he go if he bumps into a city in the middle of his way. Right? “The two thousand amos that he has to walk, if the measurement of two thousand amos ends within a dwelling or sahar or cave,” or in a reshus hayachid, which then presumably he may go throughout the entire reshus hayachid, or in the city where he may go throughout the entire city. One doesn’t say that then we’ll go, because the city or the place where he may go began within his two thousand amos, he now gets the entire city in addition. It doesn’t work that way. “Rather he walks all of that measurement,” he may only go until the end of his two thousand amos, “and we don’t say since he entered the measurement within a reshus hayachid he may walk through all of it.”

Very good. So the law that we learned that a reshus hayachid lechatchila, or a city, it’s the same thing, the lechatchila place where you are you can go through all of it, this is only initially all of it, not at the end. Right? When you’re in a city, you may go throughout the entire city plus. But you come to a city, you can’t go throughout the entire city, only until the end of your techum, even in a reshus hayachid. Yes, it can happen that a person’s techum Shabbos ends in the middle of a house, he may only go until the middle of that house.

The Reasoning: Why One Who Spent Shabbos in a City Differs from One Who Comes to a City

Speaker 1: But the answer is there where he is in the city, when he begins in the city, he was spending Shabbos in the city, the entire city is his four amos. As opposed to when he wasn’t spending Shabbos in the city, he only gets his two thousand amos.

The Exception: When the City is Encompassed Within His Techum

Speaker 1: But there is one way how it can help him that he comes in the middle of a city. What is that? “But if his measurement ended in part of the city or part of the cave,” if his two thousand amos ends at the edge of the city, in the middle, in the middle, not the corner, in the middle, in part, in a portion of the city. That is, if his two thousand amos ends two blocks into the city, it’s a hundred blocks, there’s no difference. “But if that reshus hayachid is encompassed within his two thousand amos,” that is, the entire thing is within his two thousand amos, then we view the entire reshus hayachid as one four amos, “and we complete for him the remainder.” He has further, after finishing the reshus hayachid he gets more, as much as he needs to have to complete the original. As much as is left over for him from the original. But this is only on a reshus hayachid, not on a city. Ah, it’s also there on a city, I think. Yes, it’s also there on a city, I think it’s the same thing. Look, he’s going to say the example. Ah, true, usually a city is not larger than two thousand amos, but it can be. Look, he’s going to say with his parable.

Example: One Thousand Amos to the City, and the City is One Thousand Amos

Speaker 1: Look, “If he had one thousand amos from his place of shevisa,” he has one thousand amos from his place of shevisa where he was when Shabbos began, or from the city where he is, “and outside the city until another city or cave,” until one comes to another city or another cave, which itself “is full of one thousand amos or less than one thousand,” “he measures the entire city or cave that is less than one thousand, as if the entire one thousand amos goes, “and walks outside of it and completes for him to one thousand amos minus four amos.”

Yes, because the city becomes four amos, and the four amos he subtracts very seriously, literally. He has four amos left, in short, he can subtract, exactly. He subtracts from the city, the city is reduced from how large it is, it becomes only four amos. As long as, as if the entire city can’t be too large, because the entire city must end within his two thousand amos.

In any case, any entire city or entire reshus hayachid that ends within your techum becomes nullified, it becomes the four amos.

Law 7: If the City is Larger Than His Techum

Speaker 1: But this is only when the place, the city or cave, even if the city or cave is less than one thousand amos, how exactly? I’m speaking when he comes into a place where he may go, into a city or a reshus hayachid, and it’s one thousand amos, he may go the entire one thousand amos, and afterward he can go another one thousand amos that is left for him, right? He gives an example, he has one thousand amos left, right?

But if one thousand amos and one ama, it goes out from his techum, not that he walked one thousand amos, and now he goes out even one ama from his techum, into the city, he loses greatly, because the chiddush of this is that the entire city becomes like four amos. But this is only when he has the entire area of the city to walk in it.

Okay, this is only when the city is smaller than his entire techum.

Right. If the city goes out even one mashehu from his four amos, then… it’s a great loss, so much, because then he can’t even go to the end of the city. He can’t even go to the end of the city, because it says, in short, if one comes in the middle of a city your two thousand amos, until there he stops. If the city, your two thousand amos is still the city, the entire city becomes much smaller, and you can go more of what is left for you from your techum minus four amos.

Law 8: One Whose Measure Ended in Half the City — Carrying Without Walking

The Chiddush: Carrying Out is Permitted Even When Walking is Forbidden

Speaker 1: Until here we’ve learned. So now we’re going to see about the person, the person who walked, and there is a reshus hayachid let’s say, or a city that is larger than his techum. This is an interesting case. That is, usually carrying out is smaller than a techum, because carrying out is only in the reshus hayachid, techum is the entire city. But here it can happen that a person whose techum is smaller than the reshus hayachid. He came in the middle of a city, let’s say there’s an eruv, because here is a place where one may carry, or less than four amos in a reshus harabim and the like.

So the Rambam says that one may, yes, he may carry, yes, he may carry, he may not go, but he may throw. He actually may not walk, he only has a few amos, but yes, it’s a reshus hayachid where one may carry, he may indeed carry. What is the language? “One whose measure ended in half the city, he may not walk more than half the city, for he has only four amos, and even if he walks only a little of its measurement, he cannot walk more than four amos. But all that place is permitted in carrying, and it is permitted to carry out and bring in there.”

Discussion: How Can He Carry Without Going?

Speaker 2: Let’s say there’s an eruv, it’s a reshus hayachid, whatever. So the person may not walk, but he can indeed carry. But he also can’t carry, how should he carry, carrying means walking.

Speaker 1: But the answer is, if he has a way through throwing, that is not how he walks, but the object indeed goes with another walking, then one carries the object, one may carry through on top of another person or through throwing. Yes, apparently this is simple. What does carrying out have to do with…

English Translation

Ah, but what then, soon we will see in other places, there is indeed such a thing as techumin (boundaries) for objects. And he says that this must be, we’re not talking about his objects that came with him, because the objects also acquire shevita (resting place), and one may not move them. Objects in the city. Objects in general were not taken out chutz letchum (outside the boundary), just like people. That is, we’ll need to see halachot (laws) about this soon. Right? That we’ve already learned, but a bit and so on. So, this is discussed in other… The Kuntres says that there is no issur hotza’ah (prohibition of carrying out). I mean, it comes out from this that hotza’ah can be mutar b’hotza’ah (permitted in carrying), even when it’s assur b’halicha (forbidden in walking) regarding techum.

Another Example: Surrounded by Non-Jews with a Partition on Shabbat

Speaker 1: They bring another case where one may move and carry, but may not walk. “If one was sitting in a valley, and he only had two thousand amot (cubits). Non-Jews surrounded him with a partition on Shabbat, if they made it for dwelling, it is permitted to carry within all of it, but he only has two thousand amot.” That is, non-Jews surrounded the place with a partition, and they made it for themselves. What does this have to do with it? Did they make it for him? He doesn’t know… That is, the use of the… Interesting. I don’t know if we learned such a thing. We learned like this… No, as you say, let’s say first the halacha, then what you say.

Explanation of the Halacha: Shevita is Acquired on Erev Shabbat, but a Partition Permits Carrying

Speaker 1: The halacha is like this: He may only walk the two thousand amot in the entire valley. Even though it’s through a partition, even though the valley has now become a reshut hayachid (private domain). Why? Because shevita is acquired on erev Shabbat. Because when Shabbat came, he only had two thousand amot in the valley. But the shevita doesn’t hold exactly with how it was on erev Shabbat, because the shevita became a reshut hayachid through partitions. Therefore, it’s permitted to carry within the entire partition, on his prohibition, and it’s permitted to carry for dwelling. If they surrounded it for dwelling, which would make a kosher partition, then carrying is permitted, but walking he may not.

Question: A Non-Jew Who Makes a Partition on Shabbat — Permitted to Benefit?

Speaker 2: You’re asking an interesting thing, that we learned in, I don’t know anymore, Chapter 6 much earlier, that if a non-Jew does something for a Jew, one may not benefit. Especially if he makes a halachic thing. In the cases that we learned there, he lights a candle, or he makes a ramp to descend from the ship, such sorts of things. But I don’t remember what the halacha is if a non-Jew makes a partition, where the partition permits the Jew to do something halachically. Do you understand what I’m saying? I don’t know, we need to look. We thought, something in Chapter 6 wasn’t such a case, at least. But I remember that yes, we already spoke about a partition that non-Jews made on Shabbat, right? In the laws of hotza’ah, in Chapter 14?

Speaker 1: They learned the halacha that a partition can be made even on Shabbat? They had when people are a partition, no? Yes, the side has partitions that even a Jew may make on Shabbat. But there is perhaps a halacha about making a partition on Shabbat, one may not. That is, but if I remember regarding the matter of…

A Partition Made on Shabbat – Chapter 16, Halacha 22

Speaker 1: In the laws of hotza’ah in Chapter 14 we learned the halacha that a partition can be made even on Shabbat.

Speaker 2: Yes, there are partitions that even a Jew may make on Shabbat. But there is perhaps a halacha about making a partition on Shabbat, one may not. But I remember, regarding the matter of hotza’ah it doesn’t matter.

Speaker 1: “It is permitted to set up partitions of people on Shabbat,” yes. “A partition made on Shabbat” it says… Ah, but the Rambam doesn’t say about a non-Jew. In Chapter 16, Halacha 22 it says that a partition that is made on Shabbat is kosher, if a Jew made it b’meizid (intentionally) one may not use it, just like any melacha (work) that a Jew does b’meizid. If he does it b’shogeg (unintentionally), one may use it. But so that it shouldn’t be forbidden to carry, in short, he’s talking about a Jew who makes a partition on Shabbat. It sounds yes, that benefit from melacha is indeed benefit from a melacha, according to this a non-Jew should also be forbidden. Okay, I don’t know.

But presumably, how are there non-Jews who go around making partitions so that Jews should be able to carry? When non-Jews make partitions, it’s not necessarily that if for example there’s no building in this, they set up some things in a manner… Okay.

So this is basically what we learned now is, what did we just learn? Like principles of… Just an interesting halacha, there can be a carrying that goes further than the techum and he may carry. Okay.

One Who Was Coming on the Road to Enter a City – Halacha 9-10

One Coming on the Road and Entered Within Two Thousand Amot Before Shabbat

Speaker 1: “One who was coming on the road to enter a city”, someone was on the way to enter the city. The difference is whether he came by sea or by land, b’charava he came on the land. Interesting why he goes further into this here. “If he entered within two thousand amot before Shabbat was sanctified”, a person has the entire city plus two thousand amot. What happens when he wasn’t in the city on erev Shabbat, but he was within the two thousand amot close to the city? “Even though he wasn’t in the city on erev Shabbat”, he wasn’t in the city on erev Shabbat when Shabbat came, he gets the same halacha that he gets the entire city plus the two thousand amot in every direction. It has nothing to do with being specifically in the city. Rather, since he is within the two thousand amot close to the city, it means as if he is resting in the city.

Innovation: The Intent Helps

Speaker 1: But this is only if he is coming on the road. That is, if he was initially resting outside, but just here it means because he has his intent to enter the city. So if he is already… I’ll ask you, a city is not including its techum Shabbat. If someone lives a thousand amot outside a city, his techum is around from there. He can’t say I’m still part of the city. But if he is coming on the road, as I understand the halacha, and I need to check, his intent is to come into the city, as long as he is already in the techum of the city it means he was resting in the city, not that he was resting outside. Right? I don’t know, I need to look at the halacha about someone who is still too… That is I’m saying, it’s not simple that a city is with its two thousand amot, that is the techum Shabbat. The innovation is that since he was in his intent, it means already as if he was in the city.

That’s what I mean. Yes, he can enter on Shabbat and walk the entire city plus the techum Shabbat, the two thousand amot from the city.

One Who Was Coming to a City and Slept on the Road

Speaker 1: “One who was coming to a city and slept on the road”, he was going to enter the city and he fell asleep on the way in, “and it wasn’t known to him”, he woke up on Shabbat, “and when he awoke he found himself within the city”, he woke up and found that he is in the city. He didn’t know that he is in the city.

Speaker 2: Yes, what does this mean? How can he sleep and not know? He walks sleeping, the person? What’s happening with this person?

Speaker 1: No, he was on the way to the city and he fell asleep, and when he woke up he saw that the place where he slept was already within the techum Shabbat.

Speaker 2: Ah, he didn’t know where he is, and now he caught on. Okay.

Speaker 1: “Behold he may enter it”, he can enter the city, “and walk all of it”, he can use the entire city, he acquires shevita in the entire city, “and outside it two thousand amot in every direction”, he gets another two thousand amot afterward. Why?

Speaker 2: No. The city means according to law like this.

Speaker 1: Even though he didn’t know that he is already in the two thousand amot of the city, it still means that he was according to law in the city. “Therefore he acquires shevita in the new city like him, as if he entered into it.” He was in the techum, and his intention was also to be in the techum, even though he didn’t know that he is in the techum, that is enough.

Ah, so from here I took my idea that it has something to do with the intent. You see that the intent helps so much, therefore that he doesn’t know that he is in the techum, it already means that he is in the city, therefore he can walk like the law of the entire city.

So, yes. And now we’re going to learn what happens when a person went out outside his two thousand amot.

One Who Went Out Outside the Techum – Halacha 11

Went Out Even One Amah – May Not Enter

Speaker 1: Right, so let me try to say something. So, until now we learned that even when a person is outside the techum, it still means as if he is already in the techum. But now we’re going to learn that this only helps in such a manner: when there is a city, and you go outside the city, as long as you have intent to come to the city. But if you are out of your entire techum, then there is no “grace period”, you don’t have any place around the techum that still means within the techum somehow.

“One who went out outside the techum even one amah may not enter.” You may not go back in. Let’s think, he is one amah away from the new city… ah, no, he went out. He was in his techum, and he went out. He would still be in his techum, because he can stay in the techum of the two thousand amot, but he already went out one amah outside the techum, he already has no more place, he is “out of space”. He may not go back into his techum Shabbat. Why?

Four Amot Only Go Outward, Not Back

Speaker 1: “For the four amot that a person has, their beginning is from the place where he stands.” How do we calculate that a person has four amot of a person? That is, let’s say what he means to ask. As later we will see, I mean the next few halachot, it’s brought that if someone has no techum, a person walks only four amot. So the language always says, he may walk four amot. The person asks, I only went out one amah, I may walk four amot, I want to walk four amot back into the techum. The Rambam says, no, the four amot only go one way.

“Therefore, once he went out outside the techum one amah, the beginning of the place where he stands” the bear means that he can go further, but he can’t go back. The four amot don’t go back.

Four Amot in Front of Him, Not Around the Person

Speaker 1: Four amot, even, very interesting, even four amot of reshut harabim (public domain) we learned from the Rambam, they were debating then, I don’t remember what they meant there, but there we learned, even by four amot of the public the Rambam also said that it’s in front of him, he indeed has a box in front of him, but not behind, not around the person. Four amot for a person, not that there are four amot around the person, but there is a square of four amot in front of the person. So I remember it plainly says in the laws of four amot of the public.

“Therefore, one who goes out outside the techum one amah or more, sits in his place, and doesn’t walk except within four amot from where his feet stand and outward.” They can only walk within the four amot from where his foot stands now.

Question: If He Turns Around?

Speaker 2: Very interesting, if he turns around, then may he?

Speaker 1: I don’t have, I don’t understand the halacha. What does it help that the person gives himself a turn? Then further are the four amot… the amot that he already walked. What doesn’t it help? He may do that seemingly, but he may not go back into the city, that is the innovation.

One Who Was Outside the City’s Techum When It Got Dark

Speaker 1: “One who was outside the city’s techum when it got dark”, it became Shabbat, he was outside the city’s techum, “even one amah, behold he may not enter”, he may not enter, even if it’s only one amah away, he may not enter.

Again, the same thing. No, the city’s techum means outside the 2,000 amot. Don’t tell me that he now gets another four amot, that besides the 2,000 amot he has the four amot which is a person’s domain. He doesn’t have, because he is outside the techum, and outside the techum even one amah outside the techum, means he is completely outside the techum.

But what? He could only have had the 2,000 amot to be able to enter the city. He can walk in the city. His techum Shabbat ended in the city. And there is a walk on your measurements as I heard.

One Foot Outside the Techum

Speaker 1: Seemingly, “one foot outside the techum”, this is already walked in with one foot into the techum. Or by the previous one, he only went out with one foot, let’s say. “One foot outside the techum” is a hint, that he had the leniency. One foot is still in the four amot. One foot is out. With one foot outside doesn’t yet mean outside the techum. But one amah, yes, that is basically the innovation.

Dispute Between Rambam and Raavad

Speaker 1: I also see that the Raavad disagrees on the law of one amah. The Raavad holds yes, that if one went out less than four amot, one can still go back. So it’s implied, I don’t clearly understand the Raavad. He has the four amot on other sides, not only on one side as the Rambam held. We need to see if it’s… Yes.

Very good.

One Who Went Out Outside the Techum Unintentionally – Halacha 12-13

Went Out Unintentionally – Has Only Four Amot

Speaker 1: “One who went out outside the techum unintentionally”. Until here one learned halachot, the main laws of techumin, which means how far one is in the techum. Now one is going to learn interesting ways how a person is outside the techum, but there is a way that he has a way out, he can go back. Let’s see.

Yes. “One who went out outside the techum unintentionally” – he didn’t know that he is going out outside the techum – “such as if non-Jews testified about him or an evil spirit”. Who carries such a person outside the techum? An evil spirit means he was in a bad mood and he went out, he didn’t stop himself. An evil spirit means something like insanity. I made it sound a bit extreme. An evil spirit doesn’t mean that a spirit came and made him fly. That’s what I mean to say. An evil spirit means he was in some psychotic state, something like that. Every time there is a yetzer hara (evil inclination), this is something worse.

Yes, same thing. He didn’t know that he is now going out of the techum. He didn’t notice that there is the techum, or something like that. He also says “he has only four amot”. We don’t say that it’s only a penalty when a person knows, but it’s a law, and the law is even when it was unintentional. But the interesting thing begins when he returned.

Returned Intentionally – Has Only Four Amot

Speaker 1: Now, all this intentionally, if he went back to the techum, went back into the two thousand amot, he still has only four amot, and it doesn’t come back with going back in, he already lost it.

But I see yes,

Halacha 12 (Continued) – Went Out Outside the Techum Unintentionally and Returned

And the law is even when it was unintentional.

But the interesting thing begins when he returned. If he went back to the techum, he went back into the two thousand amot, he still has only four amot. He doesn’t get it back by going back in, because this is already lost.

But I see here, if the people, the non-Jews or the evil spirit, it’s the same thing, or the unintentional, anyway, the same, “just as he went out so he returned”, then it’s as if he didn’t go out. Then the whole thing becomes… It didn’t happen at all, it was a mistake, he went out, and we count as if he is still in the techum Shabbat.

Innovation: The Key is When One Remembers

And we have another proof from a reshut hayachid. If those who carried him out placed him in a reshut hayachid, “non-Jews who placed non-Jews in a pen or enclosure surrounded by a wall, they have the laws of enclosure, he has the entire city to walk”.

And likewise, “if he went out to one of them unintentionally and remembered while he was within it”, he entered the techum Shabbat, in the city, unintentionally, and he remembered when he is inside, “he walks all of it”, he has the entire place.

So in other words, going out… he is outside, he has only four amot, he can’t go back in. But if he finds himself inside, after he already went out, then he may. So basically it’s like I see here, the same thing. It’s the same concept basically.

English Translation

When a person goes out without awareness, negation of awareness, in the matter of the ways, it doesn’t help. If he… that is, he remembered somewhere, if he remembers with awareness outside the techum, he’s stuck there. Stuck there means either four amos, or if it’s a reshus hayachid he can go through the entire reshus hayachid, right?

When there’s a way that he returns to his original techum, but he didn’t remember then, but then he gets back his awareness, or the non-Jew, whatever, but after he’s completely back in his original techum, then he gets his entire original techum. Otherwise he’s stuck where he remembered. Basically, the remembering, that makes the problem. You shouldn’t remember. But whatever, do you understand what I mean? Yes?

Anyway, it’s there. Now one can see further. That is, if he did know that he’s going out, it turns out that unilateral without awareness doesn’t help. It must be a complete without awareness in order for it to return. Yes? Thirteen.

Halacha 13 – Went Out With Awareness and Returned Without Awareness

“If one went outside the techum with awareness, even though he returned without awareness, such as if non-Jews or bandits brought him back, he has only four amos. And not only that, but even if he went outside the techum with his awareness, even though he went out for the need of a reshus hayachid, such as a pen or enclosure, he has only four amos.”

That is, what was said earlier makes sense. No, everything fits with what I understand earlier. Because they said earlier that one only gets when one arrived there without awareness. You went out without awareness into a new reshus, it doesn’t help you. It only helps if you would have arrived without awareness. Understand?

Halacha 14 – One Who Sails on a Ship

Now he learns a certain halacha about a ship.

“One who sails on a ship, even though the ship goes outside the techum Shabbos, he may walk through all of it. And we don’t view him as if he’s walking outside the techum, but rather as if he’s standing in one place.”

Right. What’s the point of this halacha? One may travel on a ship, that’s the point. And we don’t look at it as if he’s going around more than techum Shabbos, but we look at it as if he’s just the whole time in the ship. Yes. Because his reshus travels with him, whatever, his ship. So one must know that a car would also be the same thing. Could be. We won’t travel in a car on Shabbos, it’s a different problem, but… perhaps he has a techum of outside the techum Shabbos. Could be. The simple meaning is he’s outside? He is indeed outside, but he has the entire reshus. He’s outside, but he has his entire reshus. On the ship he may walk. He went out from the ship. He went out from the ship. That is, going out from the ship has to do with the question of the ship, techumin above ten, other things. That is, I think that perhaps comes in the halacha that just as he arrived without awareness in a new reshus hayachid.

Discussion: What Does This Have to Do With This?

What does this have to do with this? He was already more than this, he was already in this from erev Shabbos apparently.

One Who Went Outside the Techum Without Awareness and Was Enclosed by a Partition on Shabbos

One who went outside the techum without awareness, he went out outside the techum but without awareness, as we learned earlier, and was enclosed by a partition on Shabbos, the place where he now arrived was surrounded by a partition on Shabbos, he may walk through all of it, he can go around the entire partition. But this is basically the same as the halacha we learned earlier, that if one is placed without awareness into a partition he may walk. But here it says that now it’s like when he arrives in a city, in a techum from outside, right? Because if it’s a departure of two thousand, then he’s stuck, right? Yes, is what I’m saying correct? Or is it a new prohibition? Yes.

This explains that it’s the same idea apparently. This is as if the law of coming without awareness, like when you’re outside a city and you come inside, which if it’s enclosed within the techum it helps, if your techum ends in the middle of the city you’re stuck only two thousand amos. Is what I’m saying correct?

Innovation: The Partition Becomes an Extension of Techum Shabbos

And if his techum that goes out, ah, the same thing, enclosed, exactly the same halacha. Enclosed within the partition that was made without his awareness, right, he went out from his techum, on Shabbos, he’s enclosed in the partition, since their techumin mixed, this is the simple meaning that when he ends the techum Shabbos he’s already in the partition, since he may walk through the entire partition, behold this one enters his techum.

Ah, this is the simple meaning. Not that he has a new partition, the measure of his height behold he is like one who went out, he can go as much as he could have gone out from his techum Shabbos. It’s interesting, the entire partition becomes an extension of his techum Shabbos. Right, it’s an extension, it’s as if he didn’t go out. That is, let’s say, a person went out, a non-Jew dragged him out two thousand, far out from his city, three thousand amos, and on that same Shabbos came a second non-Jew and built a partition, how big, a thousand, two thousand amos that goes into his techum Shabbos, he may walk the entire partition that they made. Now, when he finished the partition, he’s still in the partition, let’s say, but he finds himself already in his techum Shabbos, this is as if he returned without awareness, it becomes exactly as if he would have returned, as if he returned without awareness, he gets back his old techum, as if he didn’t go out.

Halacha 15 – Needed to Relieve Himself

Already, now we’re going to learn, the Jew who unfortunately may not go more than four amos, like one who went out outside the techum, what exactly this means. He says, “Anyone who has only four amos within four amos”, the person about whom it was said that he has only his four amos, “if he needs to relieve himself”, what happens if he needs to go out? They permit him that he doesn’t need to stand in his four amos, a relief. This is a leniency from the Sages, because the whole thing is rabbinic, “behold this one goes out”, he can go out, “distances”, he doesn’t say how much, he distances a bit, as much as is necessary, that he should remain in his place, “and relieves himself and returns to his place”.

Could be he distances until he finds a place that’s more modest, because where you are here is perhaps not such a modest thing. But he must immediately return, he goes back into his four amos, and he won’t acquire that place. But, right, he doesn’t acquire any new place. But, there is, “and if he entered into part of the techum that he had before he went out to distance himself for his needs”, we’re talking about a case where four amos away from him there’s a new city, but he may not go there because he has only one amah, let’s say. But he does go, because he was permitted to go out for his needs, and he entered with permission into the new techum, so when he returns he may already enter. Like one who went out we reckon it as if he didn’t go out from the techum at all.

Discussion: Charity That Goes Around

There’s a charity that goes around making collections near the end of the techum. No, there are things that make sense, it’s not just anything. Ah, one can say let’s say, I don’t know what he means by this, one doesn’t tell him that you must specifically this is done. Anyway, I don’t know the names. But the Rambam says so, right?

Condition: Only When He Didn’t Go Out With Awareness

This is only when he didn’t go out with awareness, right? And this is when he didn’t go out initially with awareness. This only helps, very good. But one who goes out with awareness, it doesn’t help. Even if he was already yesterday in those four amos, it doesn’t help that… understand, with awareness here means when he went looking for the place where to go relieve himself? No, no, no. We’re talking about the original going out. The entire permission that he may return when he distanced himself for his needs is only for one who went out by mistake or by force or by non-Jews. But one who went out with awareness, even if they let him, they give him a bit of space where he can go out, but he didn’t enter into the “didn’t go out,” he doesn’t get back the entire techum. Right, so apparently this is the halacha.

Halacha 16 – Went Out With Permission of Beis Din

Now we’re going to learn another manner of one who does get an entire techum even though he went out, that is that he went out with permission of beis din or in some manner. Yes, the whole thing is rabbinic, so the Sages play according to how they understand that it’s correct.

Discussion: What is Biblical?

The simple meaning is apparently that what is biblical the measure is no question. For example a person walked outside the two thousand miles and he needs to do his business there, there’s no question that he’s liable. That’s what I would have thought. Because all these things it says since it’s their words, this is further so since it’s their words, that they have nothing on which to rely and the like.

Yes, anyone who went out with permission of beis din, he went out with permission of beis din. Such as? Such as witnesses who came to testify about the sighting of the moon, which the law is that they may go out on Shabbos. And so one who goes out to save from the hand of non-Jews or bandits to save for a matter of mitzvah. Ah, I don’t know yet the Gemara, what else can there be? Soon we’ll see in the next halacha to save lives, but what else is there? I don’t know. Some mitzvos that one may go out outside the techum besides this? Ah, one goes out to take the scapegoat. As I said, okay. “He has this time but all the distance in any place that he reaches”. The place where he arrives, unlike an ordinary person who arrives has only his four amos, because he went out from the train. But you, because you went out from the train,

Halacha 16 (Continuation): One Who Goes Out With Permission of Beis Din – Two Thousand Amos in Every Direction

Speaker 1: I won’t look up the Gemara, what else can there be? I would have thought to see in the next halacha, to save lives, but what else is there? I don’t know. Some mitzvos that one may go out outside the techum besides this? We’ll have to see there, okay.

Now, “and he has two thousand amos in every direction in that place that he reached”. The place where he arrives. Without this it would have been, if when a person arrives he has only his four amos, if he only walked from the techum. But here, because he went out with permission of beis din, they give him the two thousand amos in every direction in the place where he arrives.

And therefore if he reaches a city, he finished going, even in a general manner he wouldn’t have been allowed, because the city was outside his techum Shabbos. That is, he would have been only until the two thousand amos, or two thousand amos, right, four amos, right, to enter the city. But because he went out with permission of beis din, we say yes, that after he arrived in the city, he’s like one of the people of the city, “and he has two thousand amos in every direction outside the city”, he gets the entire city, plus the two thousand amos. Ah, good.

Halacha: “And If They Told Him on the Way the Mitzvah Has Already Been Done” – He Still Gets Two Thousand Amos

Another innovation in the halacha, “regarding one who goes out with permission.” That is, going out with permission is not only when he did the mitzvah, even when they no longer needed him. Yes? “And if they told him on the way”, they told him… still on the way, that is he didn’t arrive yet. When he already arrived at the city, one can understand. They told him on the way “the mitzvah has already been done that you’re going for”, they already sanctified the month for example. Yes, or they already saved that person. “He has two thousand amos in every direction”.

Innovation: The Law is Because He Went Out With Permission, Not Because He’s an Agent of a Mitzvah

Why does this come to him? It’s not a law because he’s an agent of a mitzvah, but the law is because he went out with permission. That is, the agent of a mitzvah, you can say like a good thought the Holy One Blessed Be He joins to the deed, I don’t know. He went out with a good intention. Right, we don’t say that the going out is lost, and going out by force is not exactly. No.

Halacha: “And If He Returned to His Place As If He Didn’t Go Out”

“And if he returned to his place, as if he didn’t go out”. If he wants to go back into the place from where he was thrown out, what are we talking about? The same person. Right, but where is he? He arrived somewhere less than four thousand amos away from his city, let’s say, right? So they give him two thousand amos in every direction. He didn’t arrive at any city, right? Because if he arrived at a city it’s apparently simple. He says that even if he didn’t arrive at a city, he gets the two thousand amos, not just four amos. Now he can go two thousand amos, not only that, but if those two thousand amos end within two thousand amos of his original, he can further return as if he went out.

Discussion: Contradiction Between Chapter 27 and Chapter 3 Regarding Returning With Their Weapons

Speaker 2: But they’re further. All who go out to an optional war return to their place, so they apparently learned that they may always. No? The old Shabbos obstacles? So, so animals are worse?

Speaker 1: Where was the previous halacha, do you remember? When they learned by saving lives. Did you bite already? All the way in the beginning? Do you remember that there’s such a halacha that they may even return? So how does that work?

Speaker 2: Those who know, it’s… I don’t understand, I’m asking which saving lives. Here there would have been a kal vachomer.

Speaker 1: Permitted to return, chapter 3, very good. So here it states a different reason. So here it states a different reason. Here it implies that it’s only if one is afraid to stay there. So it’s a contradiction.

Speaker 2: There we spoke about techum Shabbos, there we spoke about carrying. Okay, and is it worse? On techum Shabbos isn’t there the same reasoning? On techum Shabbos isn’t there the same reasoning, the consideration for the future? Why not? If there’s the consideration for the future, then one may perhaps, but then there isn’t the reason. I don’t understand the question, something I’m missing. One must know whether… on techum is it more stringent? Just the opposite, techum is rabbinic, it should be more lenient.

Speaker 1: Even according to their words, in any case their words stand. I’m not sure. He brings that it’s about saving life, it’s obviously. In general, if it’s about saving life, one must again say that saving life should also… carrying. We’re not talking about that. I don’t understand why I don’t see anyone asking this question. It must be that we’re talking about the problem, right? Or do you think I’m crazy?

The Gemara’s Story With Non-Jews

Ah, he brings that there was a story in the Gemara that the non-Jews already knew the trick. They knew that the Jews leave their weapons there if they’re not allowed, so they ran after them and grabbed them. But that’s the simple meaning.

Possible Answer: By War It’s Always Permitted

No, it could be that the Rambam holds it’s always, because he thinks into it, one goes to a war, and on the way back one can go without weapons. There are stories, I don’t know, they killed every last enemy, I don’t know if it was so, it means that they were successful. Let’s say for today.

Conclusion

Anyway, this is chapter 27, the main halachos of techumin.