Techum: Difference between revisions
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# A barrel that belongs to two people that was split up on Yom Tov, each part has the techum of the owner of that half even though it was only split up on Yom Tov.<ref> The Gemara Beitzah 37b records a dispute between Rav and Shmuel whether we hold of the concept of berierah. Berierah is that we can view an eventual decision as though it already happened to clarify what is the case now. Rav holds of it and Shmuel does not. The gemara’s conclusion (38a) is that for derabbanan concepts we hold of Berierah. This is codified by the Rambam (Yom Tov 5:20) and Shulchan Aruch 397:10.</ref> | # A barrel that belongs to two people that was split up on Yom Tov, each part has the techum of the owner of that half even though it was only split up on Yom Tov.<ref> The Gemara Beitzah 37b records a dispute between Rav and Shmuel whether we hold of the concept of berierah. Berierah is that we can view an eventual decision as though it already happened to clarify what is the case now. Rav holds of it and Shmuel does not. The gemara’s conclusion (38a) is that for derabbanan concepts we hold of Berierah. This is codified by the Rambam (Yom Tov 5:20) and Shulchan Aruch 397:10.</ref> | ||
==Boats== | ==Boats== | ||
#Some permit getting on a boat before Shabbat even though the boat will travel more than the techum on Shabbat because the traveler isn't walking or moving himself, rather the water is moving the boat.<ref>Rashbam cited by Tosfot Eruvin 43a, Ramban Eruvin 43a, Rashba Eruvin 43a</ref> However, most rishonim disagree and hold that traveling more than the techum on a boat is forbidden.<Ref>Rabbenu Chananel Shabbat 19a, Rambam (teshuva 308-310), Ritva Eruvin 43a, Rif Shabbat 7b according to Bet Yosef 248. Maharik 45 understands that Rif can hold like Rashbam. </ref> Nonetheless, there are other leniencies about traveling beyond the techum on a boat: | #Some permit getting on a boat before Shabbat even though the boat will travel more than the techum on Shabbat because the traveler isn't walking or moving himself, rather the water is moving the boat.<ref>Rashbam cited by Tosfot Eruvin 43a, Ramban Eruvin 43a, Rashba Eruvin 43a</ref> However, most rishonim disagree and hold that traveling more than the techum on a boat is forbidden.<Ref>Rabbenu Chananel Shabbat 19a, Rambam (teshuva 308-310), Ritva Eruvin 43a, Rif Shabbat 7b according to Bet Yosef 248. Maharik 45 understands that Rif can hold like Rashbam. Chazon Ovadia v. 1 pp. 127-130 proves that the poskim don't accept the Rashbam and that's how he holds.</ref> Nonetheless, there are other leniencies about traveling beyond the techum on a boat: | ||
## If the boat is always above 10 tefachim from the seabed there is no prohibition to go in the boat beyond techum since there is no techum above 10 tefachim in the water, according to many poskim.<ref> Rabbenu Chananel Shabbat 19a, Rambam (teshuva 308-310), Rif Shabbat 7b, Shulchan Aruch 248:2</ref> | ## If the boat is always above 10 tefachim from the seabed there is no prohibition to go in the boat beyond techum since there is no techum above 10 tefachim in the water, according to many poskim.<ref> Rabbenu Chananel Shabbat 19a, Rambam (teshuva 308-310), Rif Shabbat 7b, Shulchan Aruch 248:2</ref> | ||
##Some permit getting on a boat more than 3 days before Shabbat even though it is known that it will continue to travel on Shabbat more than the techum, even if it is within 10 tefachim.<Ref>Maharik 45, Rama 248:1, Shulchan Aruch Harav 248:3</ref> | ##Some permit getting on a boat more than 3 days before Shabbat even though it is known that it will continue to travel on Shabbat more than the techum, even if it is within 10 tefachim.<Ref>Maharik 45, Rama 248:1, Shulchan Aruch Harav 248:3</ref> | ||
