Techum: Difference between revisions
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It is forbidden to walk beyond one's | A person may not leave a certain area from where he started Shabbat. This boundary of where he cannot leave is called the techum. Every person has a unique techum depending on where he was at the beginning of Shabbat. It is forbidden to walk beyond one's techum on Shabbat, Yom Tov, or Yom Kippur.<ref>Shulchan Aruch O.C. 396:1, 495:1, 611:1. [https://ph.yhb.org.il/12-06-04/ Peninei Halacha] discusses why the allowance for ochel nefesh doesn't permit going beyond the techum on Yom Tov.</ref> In general, the techum boundary is 2000 [[amot]] beyond the immediate 4 [[amot]] area around a person.<ref>Shulchan Aruch O.C. 397:1, Kitzur Shulchan Aruch 95:1. Mishna Brurah 397:1 writes that some hold that walking beyond 12 [[mil]] on shabbat is a biblical prohibition, while others consider it a rabbinic prohibition. Magen Avraham 404:1 quotes a dispute between the Maharalbach 28 and Maharam Elshaker 41 whether 12 mil is deoritta for kelim. Ramban Eruvin 43a clearly hold it is deoritta even for kelim. Biur Halacha 404:1 is lenient to rely on Maharalbach since either way many rishonim hold that 12 mil is not deoritta.</ref> | ||
==Determining the | ==Determining the techum== | ||
===Outside of a City=== | ===Outside of a City=== | ||
# If a person is alone in the desert, the | # If a person is alone in the desert, the techum extends 2000 [[amot]] beyond the 4 [[amot]] area him. If one is in a house, the techum is 2000 [[amot]] from outside the house.<ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1386-7)</ref> | ||
# If a person starts Shabbat outside a city he can determine the directions of his techum and have 2000 amot in each of those directions. He also is allowed to travel until the end of 2800 amot in the direction of the corners of the square he | # If a person starts Shabbat outside a city he can determine the directions of his techum and have 2000 amot in each of those directions. He also is allowed to travel until the end of 2800 amot in the direction of the corners of the square he chose. Once he decided his square he cannot change it that Shabbat.<ref>Chazon Ish 110:24 based on Gra 345:1, Mishna Brurah 345:5. This is the opinion of the Rambam. According to the Rabbenu Tam (Eruvin 51a, Yoma 67a a person always can travel until 2800 amot even without choosing the square. However, Rashbam held that one's square is automatically determined to correspond with the north-south directions of the earth and then one can walk until the end of those corners. Tosfot Yoma and Rosh Eruvin reject Rabbenu Tam.</ref> | ||
# If one | # If one starts Shabbat in a city, his techum is the entire city. In fact, the city is considered only 4 [[amot]] and one may walk beyond that city for 2000 [[amot]]. A city is considered like 4 amot whether or not it is a walled city.<ref>Tur 398:9, Bet Meir 398:1, Chayey Adam 76:11, Shaar Hatziyun 408:13</ref> | ||
#Additionally, if he starts Shabbat outside a city but his techum entirely includes the city it is only considered 4 amot. For example, if one's dwelling place is 500 [[amot]] from a city and the city is 1000 [[amot]] long, the city is only considered 4 [[amot]]. Therefore, one is able to walk another 1496 [[amot]] after the city. However, if one's techum ends in the middle of the city, the city is not considered 4 [[amot]] and one may not walk beyond one's techum.<ref>Kitzur Shulchan Aruch 95:12</ref> | |||
=== | ===techum of a City=== | ||
# If one is in a village, town, or city, one may have 2000 [[amot]] from the outer bounds of the city, depending on the density of the houses.<ref>Kitzur Shulchan Aruch 95:2</ref> If there are 6 homes each within 70.66 [[amot]] of another home are considered a city and the | # If one is in a village, town, or city, one may have 2000 [[amot]] from the outer bounds of the city, depending on the density of the houses.<ref>Kitzur Shulchan Aruch 95:2</ref> If there are 6 homes each within 70.66 [[amot]] of another home are considered a city and the techum would begin from 2000 [[amot]] outside the group of houses. Any home that is within 70.66 [[amot]] of the established city is included in the city, however, a house which is more than 70.66 [[amot]] from other houses is not included in the city and the techum for residents of that house is only 2000 [[amot]] from the edge of that house. Therefore, a suburban area with houses separated more than 70.66 [[amot]] are not considered part of a city and residents of a house only have 2000 [[amot]] from that house. <ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1387-9). Rabbi Ribiat quotes the Minchat Shabbat who explicitly writes that we do have the halachic category of chatzerot nowadays in order to form a city. We still require that there's 2 houses to create a chetzer but if there's 6 houses we have a city. Torat Shlomo Eruvin 19:19 p. 144 explicitly writes that even though we don't use the chatzerot today like rooms you can create a city without chatzerot. (See Chazon Ish OC 110:20 who might support this.) However, Rav Hershel Schachter ([https://www.yutorah.org/sidebar/lecture.cfm/814168/rabbi-hershel-schachter/shiur-99-shabbos-dechiya/ Shabbat Shiur 99 (very end)] and [https://www.yutorah.org/sidebar/lecture.cfm/814233/rabbi-hershel-schachter/shiur-100-shabbos-chazer-vs-mavui/ Shabbat Shiur 100 (beginning)]) holds that nowadays we don't have a city for techum since we don't use our chatzerot today like a room of the house. Therefore, since we need 3 chatzerot to form a city (S"A 398:10) we can't have a city today. This is based on the Rama, Chazon Ish OC 65:52, and is discussed by Imrei Baruch Eruvin 40-41. | ||
The definition of a city is relevant to techum and eruv. See, however, Magen Avraham 398:15 who implies that an established city doesn't need 3 chatzerot. </ref> | The definition of a city is relevant to techum and eruv. See, however, Magen Avraham 398:15 who implies that an established city doesn't need 3 chatzerot. </ref> | ||
# Many cities have 2000 from the edge of the city which are drawn as a rectangle along the directions of a compass, from the edge of the northern most house, eastern most house, southern most house, and western most house. However, if the city is already rectangle, L-shaped, or arc shaped may not have this extension of squaring off the city.<ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1391-2)</ref> | # Many cities have 2000 from the edge of the city which are drawn as a rectangle along the directions of a compass, from the edge of the northern most house, eastern most house, southern most house, and western most house. However, if the city is already rectangle, L-shaped, or arc shaped may not have this extension of squaring off the city.<ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1391-2)</ref> | ||
# Because the laws of establishing a | # Because the laws of establishing a techum and extending the techum with a Eruv techumin are complicated one should consult a local Orthodox Rabbi. <ref>39 Melachos (Rabbi Ribiat, vol 4, pg 1393)</ref> | ||
===Squaring Off a City=== | ===Squaring Off a City=== | ||
#Chazal learn from the Torah that a city is considered as having corners which are drawn according to the cardinal directions of the world.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:3</ref> | #Chazal learn from the Torah that a city is considered as having corners which are drawn according to the cardinal directions of the world.<ref>Eruvin 55a, Shulchan Aruch O.C. 398:3</ref> | ||
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===Joining Cities=== | ===Joining Cities=== | ||
# If two cities are within 141.3 amot of each other they are considered like one city and the techum is drawn around both of them.<ref>Shulchan Aruch O.C. 398:7</ref> | # If two cities are within 141.3 amot of each other they are considered like one city and the techum is drawn around both of them.<ref>Shulchan Aruch O.C. 398:7</ref> | ||
# If when drawing the square around a city that would include another city the two cities are considered one large city and the techum is drawn around both of them.<ref>Minchat Yitzchak 8:33 explains that since the squaring of a city is taken into account before we add the 70 amot of the city if the squaring off of a city includes another city everything should be considered one large city. His proof is the concept of Eruvin 55a that the arms of a bow-shaped city join as long as they are within 4000 amot of each other. The Chazon Ish 110:16 wasn't sure whether or not the cities join when the squaring off of each other join. Rav Chaim Kanievsky in [http://www.hebrewbooks.org/pdfpager.aspx?req=49174&st=&pgnum=383 Shoneh Halachot 398:19 and 21] writes that Chazon Ish held that they do join but left it unresolved (הדבר צריך הכרע). Zecher Tzvi ( | # If when drawing the square around a city that would include another city the two cities are considered one large city and the techum is drawn around both of them.<ref>Minchat Yitzchak 8:33 explains that since the squaring of a city is taken into account before we add the 70 amot of the city if the squaring off of a city includes another city everything should be considered one large city. His proof is the concept of Eruvin 55a that the arms of a bow-shaped city join as long as they are within 4000 amot of each other. The Chazon Ish 110:16 wasn't sure whether or not the cities join when the squaring off of each other join. Rav Chaim Kanievsky in [http://www.hebrewbooks.org/pdfpager.aspx?req=49174&st=&pgnum=383 Shoneh Halachot 398:19 and 21] writes that Chazon Ish held that they do join but left it unresolved (הדבר צריך הכרע). Zecher Tzvi (techum Shabbat p. 21) holds that one can be lenient based on Chazon Ish. Dirshu 398:21 quotes Rav Dovid Landau who holds that since Chazon Ish left this unresolved one must be strict. Dirshu 398:21 cites Rav Wosner (Kitzur Hilchot Medidat techumin) as holding that one can be lenient, but Rav Elyashiv as holding that one should be strict. [https://www.hebrewbooks.org/pdfpager.aspx?req=21547&st=&pgnum=250 Mechzeh Eliyahu 1:74] and 77 is lenient. Machneh Yisrael of Rabbi Dimitrovsky p. 19-22 writes that one who is lenient has what to rely upon and supports this from the Rambam and Meiri. He also cites Rav Elyashiv as being strict. </ref> | ||
==Moving Packages Received on Shabbat== | ==Moving Packages Received on Shabbat== | ||
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#If a package was delivered from outside the techum on Shabbat for a Jew he cannot benefit from it on Shabbat or even after Shabbat the time it would take to bring it from beyond the techum. He is allowed to move the package up within 4 amot or if it is in a building within the walls of the building.<ref>Shulchan Aruch O.C. 325:8. Shulchan Aruch quotes two opinions about whether he must wait until the time it takes to bring it from beyond the techum in order to eat it. Mishna Brurah 325:40 implies that he is strict about this question, though he doesn't require waiting until Sunday morning the time it takes to deliver it from beyond the techum like the opinion Rama quotes.</ref> | #If a package was delivered from outside the techum on Shabbat for a Jew he cannot benefit from it on Shabbat or even after Shabbat the time it would take to bring it from beyond the techum. He is allowed to move the package up within 4 amot or if it is in a building within the walls of the building.<ref>Shulchan Aruch O.C. 325:8. Shulchan Aruch quotes two opinions about whether he must wait until the time it takes to bring it from beyond the techum in order to eat it. Mishna Brurah 325:40 implies that he is strict about this question, though he doesn't require waiting until Sunday morning the time it takes to deliver it from beyond the techum like the opinion Rama quotes.</ref> | ||
==Walking to the edge of the | ==Walking to the edge of the techum== | ||
# It is forbidden to walk to the edge of the | # It is forbidden to walk to the edge of the techum in order to leave on a journey quickly after Shabbat. However, if the action one is going to do after [[Shabbat]] could theoretically have been done on [[Shabbat]], it is not forbidden to walk tot the edge of the techum waiting for the end of [[Shabbat]]. For example, one may walk to the edge of the techum in order to bring one's animal back because theoretically one could have done this on Shabbat if there were houses extending the techum. Also one may walk to the edge of the techum in order to collect fruit which fell before [[Shabbat]] and aren't [[Muktzeh]] because theoretically one could have done so on [[Shabbat]] if there were walls surrounding the path (which would permit [[carrying on Shabbat]]). <ref>Kitzur Shulchan Aruch 90:3</ref> | ||
# One may walk to one's garden within the | # One may walk to one's garden within the techum in order to pick fruit after [[Shabbat]] since it is not evident that one is walking there for that purpose.<ref>Kitzur Shulchan Aruch 90:3</ref> | ||
== | ==techum above Ten Tefachim== | ||
# There is an unresolved discussion in the Gemara whether there is techum above ten tefachim. We are lenient if a person started Shabbat above ten tefachim that he doesn't have a techum of two thousand amot as long as he didn't yet land or reach a place that is connected to the ground.<ref>Gemara Eruvin 43a-b, Shulchan Aruch OC 404:1</ref> This is relevant to a person who was on a boat at the beginning of Shabbat.<ref>Shulchan Aruch 404:1</ref> | # There is an unresolved discussion in the Gemara whether there is techum above ten tefachim. We are lenient if a person started Shabbat above ten tefachim that he doesn't have a techum of two thousand amot as long as he didn't yet land or reach a place that is connected to the ground.<ref>Gemara Eruvin 43a-b, Shulchan Aruch OC 404:1</ref> This is relevant to a person who was on a boat at the beginning of Shabbat.<ref>Shulchan Aruch 404:1</ref> | ||
# A wagon is considered within ten tefachim of the ground since the wheels rest on the ground and the wagon itself if bigger than 4 tefachim.<ref>Shoel Umeishiv 5:3</ref> | # A wagon is considered within ten tefachim of the ground since the wheels rest on the ground and the wagon itself if bigger than 4 tefachim.<ref>Shoel Umeishiv 5:3</ref> | ||
== | ==techum of Property== | ||
# 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== | ||
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==Airplane that Landed on Shabbat== | ==Airplane that Landed on Shabbat== | ||
#It is forbidden to go on a plane that will land on Shabbat.<Ref>Igrot Moshe OC 3:97</ref> | #It is forbidden to go on a plane that will land on Shabbat.<Ref>Igrot Moshe OC 3:97</ref> | ||
#If someone was in an airplane that landed on Shabbat, because of circumstances beyond his control, there is a discussion if it is permitted to get off the plane because of techum. Some allow getting off the plane into the walkway that is attached to the plane and airport. Still one may not leave the airport unless it is included in the techum of the city.<Ref>Igrot Moshe OC 3:97 holds that even if there’s no techum while the airplane is moving, there is techum once it lands. Since from the point it landed until the terminal is more than 2000 amot, it is forbidden to get off the plane. He's discussing leaving from the plane onto the tarmac. | #If someone was in an airplane that landed on Shabbat, because of circumstances beyond his control, there is a discussion if it is permitted to get off the plane because of techum. Some allow getting off the plane into the walkway that is attached to the plane and airport. Still one may not leave the airport unless it is included in the techum of the city.<Ref>Igrot Moshe OC 3:97 holds that even if there’s no techum while the airplane is moving, there is techum once it lands. Since from the point it landed until the terminal is more than 2000 amot, it is forbidden to get off the plane. He's discussing leaving from the plane onto the tarmac. techumei Shabbat p. 48 is lenient in extenuating circumstances to get off the plane into the walkway attached to the plane since it is all like 4 amot. See also Tzitz Eliezer 1:21:18.</ref> | ||
==Someone who came from beyond the techum== | ==Someone who came from beyond the techum== | ||
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*Ramban (Eruvin 41a) holds that walls are never necessary for a city to be considered 4 amot. Biur Halacha (405:6 s.v. mukfet) writes that in an extenuating circumstance you can rely on this opinion, unlike Shulchan Aruch O.C. 405:6 who rules unlike Ramban.</ref> | *Ramban (Eruvin 41a) holds that walls are never necessary for a city to be considered 4 amot. Biur Halacha (405:6 s.v. mukfet) writes that in an extenuating circumstance you can rely on this opinion, unlike Shulchan Aruch O.C. 405:6 who rules unlike Ramban.</ref> | ||
==Links== | ==Links== | ||
# See a summary of the halacha's of | # See a summary of the halacha's of techum with pictures on [http://www.techumshabbos.com/the-basic-halachos-in-a-rush.html techumShabbos.com] | ||
# [https://ph.yhb.org.il/category/%d7%a9%d7%91%d7%aa/30-%d7%aa%d7%97%d7%95%d7%9e%d7%99-%d7%a9%d7%91%d7%aa/ פניני הלכה, שבת פרק ל] | # [https://ph.yhb.org.il/category/%d7%a9%d7%91%d7%aa/30-%d7%aa%d7%97%d7%95%d7%9e%d7%99-%d7%a9%d7%91%d7%aa/ פניני הלכה, שבת פרק ל] | ||
==Sources== | ==Sources== | ||
<references/> | <references/> | ||
