Mishneh Torah, Sabbath 27-29

Sugya Map

• Issue: The source and parameters of Techum Shabbat (Sabbath limits).
• Nafka Mina: Whether violating Techum constitutes a biblical lashing (malkot) and the validity of Eruv Techumin as a means to "uproot" a biblical prohibition.
• Primary Sources: Mishneh Torah, Sabbath 27:1; Eruvin 17a; Yoma 66b-67a; Sefer HaMitzvot (Neg. 321).

Text Snapshot

• Rambam, Sabbath 27:1: "A person who goes beyond [his] city's Sabbath limit should be punished by lashes... The Sages, however, transmitted the tradition that this measure was twelve mil... [Going] beyond two thousand cubits is forbidden [by Rabbinic decree]."
• Nuance: Rambam distinguishes between the Torah’s limit (12 mil) and the Sages’ protective fence (2,000 cubits).

Readings

• Rambam: Asserts Techum is a biblical prohibition (d’oraita), mapping it to the desert encampment (12 mil). The 2,000-cubit limit is a gezeirah (rabbinic decree).
• Ramban (Milchamot, Eruvin): Argues Techum is entirely Rabbinic. He challenges the Rambam: if it were biblical, how could Eruv Techumin—a rabbinic mechanism—permit one to "uproot" a Torah-level restriction?

Friction

• Kushya: If Techum (or even just the 12 mil) is biblical, how can the Sages permit travel via Eruv Techumin? A rabbinic enactment cannot override a d’oraita (see Yevamot 90b).
• Terutz: The Ohr Sameach (27:1) argues that the Torah defines one's "place" as a 12-mil radius. The Sages’ 2,000-cubit limit is merely the "center" of that radius. The Eruv doesn't "uproot" the Torah; it merely redefines the "center" (the base of residence) within the already-permitted biblical expanse.

Intertext

• Tanakh: Exodus 16:29 ("Let no man go out of his place on the seventh day").
• SA: Orach Chayim 404:1 reflects the tension, generally treating Techum as Rabbinic, yet advising stringency in deference to the Rambam.

Psak/Practice

In practice, Techum is treated as a binding Rabbinic prohibition. However, the Rambam’s meta-psak—that we seek leniency in cases of doubt regarding Techum—remains the governing heuristic. When an expert measures a city’s limit and disagrees with a prior assessment, we accept the more lenient calculation (Mishneh Torah, 28:19).

Takeaway

The prohibition of Techum is not a prison sentence but a definition of "home." We are permitted to traverse our "place" (up to 12 mil); the 2,000-cubit limit is simply the Sages ensuring we remain grounded within that home.