Wednesday, September 30, 2020

May you return? It all depends TB Eruvin 52

We finish the fourth chapter of massekhet TB Eruvin with daf 52 today. The chapter ends by discussing what happens when you find yourself outside your tehum on Shabbat. May you return? It all depends on why you left.

MISHNA: One who went out beyond his Shabbat limit, even if only one cubit, may not reenter. Rabbi Eliezer says: If he went out two cubits he may reenter; however, if he went out three cubits he may not reenter.”(Sefaria.org translation) Rashi defines this person as one who intentionally exceeded the limits of his tehum and not accidentally nor for the purpose of performing a mitzva. Because he intentionally exceeded his tehum, we don’t say that his present four amot is subsumed into his tehum. Consequently, the tanna kamma rules he may not enter even if is only one amah outside is tehum.

The Gemara clarifies Rabbi Eliezer’s position because “But wasn’t it taught in a different baraita that Rabbi Eliezer says: Even if he went one cubit out, he may not enter. The Gemara answers: When that baraita was taught it was with regard to one measuring his limit by counting two thousand steps. As we learned in a mishna: And for one established residence in a particular place, and is now measuring his limit by counting out steps, with regard to whom the Sages said one provides him with two thousand cubits, even if his measurement ended in a cave he may not walk even one cubit beyond his measurement.” (Sefaria.org translation)

Remembering that the institution of a Shabbat tehum is of rabbinic in origin, the tanna kamma ruled stringently because he wanted to stress the importance of rabbinic ordinances. Perhaps the laity will scrupulously follow the laws of Torah origin, but not of rabbinic origin. The Shulkhan Arukh decides the halakha in favor of the tanna kamma’s position. If you left your intentionally (מזיד), you may you not return to your tehum even if you’re only one amah away. (Orekh Hayyim, 405:1) The Magen Avraham, Abraham Abele Halevi Gombiner-a 17th century Polish scholar who wrote a commentary on Orekh Hayyim, writes that one may be lenient and allow the person to return to his tehum if circumstances beyond control of the person (אונס) forced him to leave or he left on a mitzvah mission. See TB Eruvin 41b ff and 44b ff


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