Daily Rambam · Expert – Beit Midrash Analysis · Standard
Mishneh Torah, Eruvin 7
Sugya Map & Snapshot
The core of Mishneh Torah, Eruvin 7 lies in the conceptual mechanics of Kinyan Shevitah (the acquisition of Sabbath residence). The sugya wrestles with a fundamental tension: Is shevitah a physical, bodily status (shevitah b'gufo), or is it a legal-conceptual designation (shevitah b’da’at) that can be projected across space?
[Kinyan Shevitah]
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+----------------+----------------+
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[Shevitah b'Gufo] [Shevitah b'Da'at]
(Physical Presence) (Conceptual Projection)
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- Eruv b'Raglav - Eruv b'Pat (Food proxy)
- Actual standing - Mental resolve (Poor/Traveler)
Primary Sources
- Mishnah Eruvin 4:9: The tannaitic dispute between Rabbi Meir and Rabbi Yehudah regarding whether the primary mechanism of eruv is food (eruv b'pat) or physical presence (eruv b'raglav).
- Eruvin 49b: The talmudic source for establishing shevitah from a distance under a tree or a rock.
- Eruvin 52a: The source for Rav Yehudah bar Ishtata's basket of fruit and the definition of "setting out on the way."
Nafka Minas (Practical Halachic Differences)
- The Rich Man’s Mental Eruv: If shevitah is fundamentally a mental designation (shevitah b'da'at), then a wealthy person who has the capacity to deposit food but chooses to establish shevitah via mental resolve from a distance should bidirectionally acquire it. If it is a bodily status, his mental projection is a kula (leniency) restricted exclusively to the poor (ani) or the traveler (b'derech).
- The Stranded Traveler: If a traveler designates a spot more than 2,000 cubits away, does his failed designation default to his physical coordinates (Rambam), or does the designation succeed but leave him legally immobilized outside his own techum (Ra'avad)?
Text Snapshot
Rambam, Mishneh Torah, Eruvin 7:1-2:
"...וְזֶה הוּא עִקַּר עֵרוּבֵי תְּחוּמִין--לְעָרֵב בְּרַגְלָיו... וְהֶחֱזִיק בַּדֶּרֶךְ... שֶׁגָּמַר בְּלִבּוֹ..."
Steinsaltz Commentary (Eruvin 7:1:1-2, 7:2:1-2):
"וְחָזַר לְעִירוֹ. לאחר כניסת השבת שהוא זמן חלות העירוב... וְזֶה הוּא עִקַּר עֵרוּבֵי תְּחוּמִין לְעָרֵב בְּרַגְלָיו... האופן הפשוט לקנות שביתה במקום מסוים הוא להימצא בו בכניסת השבת... וְהֶחֱזִיק בַּדֶּרֶךְ. יצא לדרך. שֶׁגָּמַר בְּלִבּוֹ. החליט."
The Rambam’s syntax is highly deliberate. By framing eruv b'raglav (by foot) as the ikar (primary mechanism) and eruv b'pat (by food) as a concession to the wealthy, the Rambam immediately establishes a hierarchy of kinyan. The term hechezik baderech (holding the road) implies a physical initiation of movement, while shegamar bilbo (resolved in his heart) indicates that mental resolve is not merely an abstract thought but a concrete halachic ratzon (intent) that drives physical action.
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Readings
1. The Brisker Rav (Chiddushei Rabbeinu Chaim Halevi): Kinyan Makom vs. Shevitah b'Gufo
To understand the Rambam's view on shevitah, we must analyze the fundamental nature of the acquisition. The Brisker Rav[^1] asks: When one establishes an eruv, does he acquire a place (kinyan makom), or does he redefine his person (din shevitah b'gufo)?
If the mechanism is kinyan makom, the food deposited or the physical presence of the person acts as a kinyan (acquisition) on the geographic coordinates, transforming that spot into his "home" for Shabbat. If the mechanism is shevitah b'gufo, the person's physical body is the sole locus of shevitah, and any relaxation of this requirement (such as depositing food) is merely a legal fiction that treats the food as a physical extension of the person's body (shlichut or dirah).
[Brisker Inquiry]
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+----------------+----------------+
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[Kinyan Makom] [Shevitah b'Gufo]
(Acquisition of the Place) (Redefining the Person)
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- Food acts as a geographic - Food is a physical extension
anchor. of the body.
- Objective transformation of - Subjective association of
the space. the person to the space.
The Brisker Rav demonstrates that according to the Rambam, shevitah is fundamentally shevitah b'gufo. This is why the Rambam rules in Mishneh Torah, Eruvin 7:1 that eruv b'raglav is the ikar. Since shevitah is a bodily obligation, the ideal way to establish it is for the body to physically stand at the designated boundary at twilight (bein hashmashot).
The allowance for eruv b'pat (food) is not a separate track of kinyan makom; rather, it is a Rabbinic extension of the body. The food represents the person's dwelling (dirah), and "a man's dwelling is where his food is."[^2] This explains why the Rambam restricts the mental designation from a distance (eruv b'da'at) to a poor person (ani) or a traveler (b'derech). Since these individuals cannot afford to deposit food or are physically prevented from doing so, the Sages suspended the requirement for a physical proxy (food) and allowed their mental resolve (da'at) to directly bridge the physical gap, treating them as if they were standing there. For a rich person, however, who has the means to send food, the Sages insisted on a physical anchor (either his body or his food).
2. The Rashba (Avodat HaKodesh): The Objective vs. Subjective Nature of the Rich Man's Exclusion
The Rashba[^3] takes a different path in analyzing the exclusion of the wealthy person from establishing shevitah from a distance. He asks: Is the exclusion of a rich person from eruv b'da'at an external decree (gezeirah) or an essential deficiency in his da'at (intent)?
If it is an external decree, then conceptually, the rich man's mental resolve could work to establish shevitah from a distance, but the Sages penalized him or enacted a safeguard to ensure that the standard practice of depositing food would not fall into disuse. If it is an essential deficiency in his da'at, then a wealthy person's mental resolve is halachically impotent from a distance because his gmar da'at (finality of intent) is incomplete; since he has the option to send food via an agent, his mind does not fully commit to the mental designation unless he performs a concrete action.
The Rashba argues that the distinction is an external rabbinic decree. The fundamental mechanism of eruv b'da'at is objectively open to all. However, to prevent the wealthy from completely abandoning the physical act of eruv b'pat—which provides a highly visible and verifiable boundary—the Sages restricted this spiritualized, purely mental track to those in economic or physical distress.
This leads to a massive nafka mina in a case of di-bedi'avad (post facto): If a rich person went ahead and established shevitah from a distance via mental resolve, did he acquire the eruv? If it is an essential deficiency of da'at, the eruv is completely void. If it is an external rabbinic decree, then post facto, his da'at was effective, and the eruv stands. The Rambam’s phrasing in Mishneh Torah, Eruvin 7:3—"he is not able to designate... instead, he is granted no more than two thousand cubits... from where he is standing"—strongly indicates that even di-bedi'avad, the rich man's mental eruv is entirely ineffective, aligning with the "essential deficiency of da'at" school of thought.
3. The Rogatchover Gaon (Tzofnath Paneach): The Mathematical Metaphysics of the "Eight Cubits"
In Mishneh Torah, Eruvin 7:5-6, the Rambam discusses designating a tree or a rock as one's shevitah location from a distance. If the area under the tree is eight cubits or more, the designation fails unless he specifies a precise four-cubit area (e.g., "its northern side"). If it is less than eight cubits, the designation succeeds without specification.
The Rogatchover Gaon[^4] analyzes this using his signature conceptual framework of shiurim (legal measurements) and the mechanics of bereira (retroactive clarification). He asks: Why does the lack of specification in a space of eight cubits invalidate the eruv?
[Area Under Tree]
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+-----------------+-----------------+
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[8 Cubits or More] [Less than 8 Cubits]
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- Contains two distinct - Any 4-cubit selection
4-cubit zones. must overlap the center.
- Mutual exclusivity. - Shared physical core.
- Fails without specification. - Succeeds without specification.
In a space of eight cubits, there are two distinct, non-overlapping zones of four cubits (Zone A and Zone B). At the moment of bein hashmashot, the person must acquire a single, defined four-cubit station. If he does not specify which zone he wants, his shevitah is in a state of indefinite suspension. Since we rule that there is no bereira in Torah law (or at least, we cannot rely on it to retroactively create a kinyan that was completely undefined at the critical moment),[^5] the kinyan fails because Zone A and Zone B are mutually exclusive.
However, if the space under the tree is less than eight cubits (for example, six cubits), any four-cubit station he could possibly occupy must overlap with the physical center of that space. No matter where you place a four-cubit block within a six-cubit line, the middle two cubits are always included.
Visualizing the <8 Cubit Overlap (6-Cubit Space):
[ 1 ][ 2 ][ 3 ][ 4 ][ 5 ][ 6 ] (Total 6 cubits)
|<- Option A (4 cubits) ->| -> Covers [1, 2, 3, 4]
|<-- Option B (4 cubits) -->| -> Covers [3, 4, 5, 6]
[ Overlap Zone: 3 & 4 ]
Therefore, the Rogatchover explains, the kinyan succeeds because there is an objective, shared physical core that is guaranteed to be acquired regardless of subsequent clarification. Here, we do not require bereira because the kinyan is anchored in a physical certainty at the very moment of bein hashmashot.
4. The Kehillat Yaakov (The Steipler): The Nature of Shegamar Bilbo
The Rambam in Mishneh Torah, Eruvin 7:9 rules that one who establishes shevitah from a distance does not need to articulate it; a mental resolve (shegamar bilbo) is sufficient. This stands in sharp contrast to Rashi[^6], who requires verbal articulation unless the traveler is moving between two established homes.
The Steipler Gaon[^7] investigates the underlying mechanism of shegamar bilbo. In standard halachic transactions (kinyanim), we have a rule: "Words of the heart are not words" (devarim sheb'lev einam devarim).[^8] A person cannot execute a legal transfer of property or a change of status purely through mental intent; there must be an external, objective action or verbalization. Why, then, does the Rambam validate a purely mental eruv?
The Steipler resolves this by redefining the act of shevitah. Shevitah is not a transaction (kinyan) of property; it is a state of rest (menuchah). The Torah commands: "Let no man go out of his place on the seventh day."Exodus 16:29 The "place" of a person is determined by where his mind rests at the onset of Shabbat.
Because shevitah is essentially an internal state of rest and identity, the mental resolve (da'at) is not a proxy for an action; it is the action itself. The physical movement of "setting out on the way" (hechezik baderech) is merely a demonstration that the mental resolve is serious and genuine, separating it from idle thoughts. Once the physical action of setting out confirms the sincerity of the intent, the mental resolve directly establishes the legal reality of shevitah.
Friction
Kushya: The Paradox of the Aborted Agency
A deep structural tension emerges when comparing Mishneh Torah, Eruvin 7:2 with Mishneh Torah, Eruvin 7:8.
In Halacha 2, the Rambam rules that if an individual sets out to establish shevitah from a distance, but is turned back by a friend or by circumstances, his eruv is valid:
"...and even if he himself decided to turn back, or was prevented... since he made a resolve... and set out... it is considered as if he stood there..."
Yet, in Halacha 8, the Rambam rules that if the townspeople send an agent to deposit their eruv, and a friend turns the agent back before he can deposit it, the townspeople's eruv is void:
"Since their eruv was not deposited... that location is not established as their Sabbath place..."
However, the Rambam then adds a striking distinction:
"The person who went to deposit the eruv, by contrast, is considered to have established that location as his place... because he had set out on the way..."
This is highly problematic. If the physical act of "setting out on the way" is powerful enough to project shevitah from a distance, and if the agent was acting as the legal representative of the townspeople under the standard rule of shlucho shel adam k'moto (a man's agent is like himself),[^9] why does the agent's physical setting-out not benefit the townspeople? If the agent's movement is legally attributed to the townspeople, then when the agent "set out on the way," it should be considered as if the townspeople themselves set out! Why does the agent acquire shevitah at the destination while the townspeople are left stranded in their city?
[The Aborted Agency]
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+----------------+----------------+
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[The Agent's Status] [The Senders' Status]
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- He set out physically. - They remained at home.
- Personal intent + physical - Relied on the food proxy
movement. (Eruv b'Pat).
- ACQUIRES SHEVITAH. - FAILS TO ACQUIRE.
Terutz A: The Brisker Resolution (Personal vs. Representational Agency)
To resolve this, we must return to the Brisker Rav's distinction between eruv b'pat (food proxy) and eruv b'raglav (physical presence).
The townspeople did not commission the agent to establish eruv b'raglav on their behalf. Indeed, they could not have done so, because eruv b'raglav is a chovat haguvra (a personal, physical obligation of the body) that cannot be executed via an agent. You cannot appoint an agent to stand in a place and have his physical body represent your physical body for shevitah.[^10]
The only agency (shlichut) the townspeople created was to deposit the food (eruv b'pat). In eruv b'pat, the agent is merely a logistical courier who places the physical object (the food) at the designated coordinates. The legal mechanism that establishes the eruv is the physical presence of the food at bein hashmashot.
Therefore, if the agent is turned back and the food is never deposited, the entire track of eruv b'pat collapses. There is no food at the site, and thus no kinyan. The townspeople cannot fall back on the track of eruv b'raglav or eruv b'da'at (mental projection from a distance) because they never physically set out themselves, and they cannot use the agent's physical movement to satisfy a personal, bodily requirement.
The agent himself, however, is a traveler (b'derech). When he set out on the road, he carried a dual intent: to deposit the food for others and to establish his own shevitah there. When he was turned back, his agency for the food failed, but his personal track of eruv b'da'at—which was fueled by his own physical movement—remained fully intact.
Terutz B: The Avnei Nezer's Resolution (The Mechanics of Gmar Da'at)
The Avnei Nezer[^11] offers an alternative resolution based on the psychology of gmar da'at (finality of intent).
For eruv b'da'at (establishing from a distance) to work, there must be a absolute mental commitment to spend Shabbat at that specific distant location. When an individual sets out by foot, his physical movement is the ultimate proof of his mental commitment. Even if he is later forced to turn back, his initial movement has already stamped his intent with legal reality.
When the townspeople sent the agent, their minds were completely dependent on a physical event: the actual placement of the food. They did not have a direct, unconditioned mental commitment to the distant location itself; rather, their intent was: "If the food is placed, we will acquire shevitah there; if not, we will remain in the city." Their mental state was conditional.
Because their intent was conditional, they lacked the raw gmar da'at required for eruv b'da'at. The agent, on the other hand, had a direct and unconditional commitment to reach that place. His physical movement was an unconditioned expression of his personal will. Therefore, when the journey was aborted, the agent's unconditional intent survived, while the townspeople's conditional intent evaporated.
Kushya 2: The Rambam vs. Ra'avad on the Stranded Traveler
In Mishneh Torah, Eruvin 7:3, the Rambam rules that if a traveler attempts to designate a distant location as his shevitah but there are more than 2,000 cubits between him and that location at nightfall:
"...he is not able to designate... Instead, he is granted no more than two thousand cubits... from the place where he is standing..."
The Ra'avad immediately challenges this:
"...The person's intent establishes that location as his 'Sabbath place.' Since there are more than two thousand cubits... he is compared to one who has gone beyond his Sabbath limits and is entitled to walk only within a square of four cubits."
[The Stranded Traveler]
(Distance > 2,000 Cubits)
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+-------------------+-------------------+
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[Rambam's View] [Ra'avad's View]
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- Mental intent is totally - Mental intent is valid
ignored. and takes effect.
- Defaults to physical body. - Person is legally "outside"
- Gets 2,000 cubits from their own techum.
current physical spot. - Restricted to 4 cubits.
How can we understand this profound dispute? If the traveler explicitly stated his desire to acquire shevitah at the distant location, how can the Rambam completely ignore this intent and default his shevitah to his physical body? Conversely, how can the Ra'avad validate an intent that leaves the traveler legally paralyzed in a four-cubit prison?
Terutz: The Metaphysical Limit of Intent
The dispute hinges on whether da'at (intent) is a creative force that can operate independently of physical possibility, or whether it is a regulatory force that can only direct existing physical potentials.
For the Ra'avad, da'at is absolute and creative. If a person designates a spot as his shevitah, that spot becomes his legal home, regardless of whether he can physically reach it. The legal definition of his "place" shifts to the designated coordinates. However, because his physical body is currently located more than 2,000 cubits away from his legal "place," he has crossed his own Shabbat boundary (techum). Consequently, he is subject to the standard law of one who goes beyond his limit: he is restricted to a tight four-cubit radius.^12
The Rambam, however, holds a highly realistic view of halachic mechanics. Intent cannot create a legal reality that is physically impossible at the moment of its initiation. Since a person cannot walk more than 2,000 cubits on Shabbat, any location beyond 2,000 cubits is physically inaccessible to him during the holy day.
An intent to establish shevitah in an inaccessible place is not merely a "distant" intent; it is a null and void intent (da'at b'teliah). Because the intent is inherently defective, it is treated as if it never existed. Once the explicit intent is swept aside as a legal absurdity, we fall back on the default physical reality: a person's shevitah automatically defaults to the physical location of his body at bein hashmashot.
Intertext
Biblical & Tannaitic Foundations
The concept of shevitah is rooted in the biblical text:
"שְׁבוּ אִישׁ תַּחְתָּיו אַל יֵצֵא אִישׁ מִמְּקֹמוֹ בַּיּוֹם הַשְּׁבִיעִי" Exodus 16:29
The Sages in Mishnah Eruvin 4:9 debate how this "place" (makom) is established:
"מִי שֶׁיָּצָא לֵילֵךְ בַּדֶּרֶךְ... אָמַר רַבִּי מֵאִיר, אָנוּ אֵין לָנוּ אֶלָּא כְּלָשׁוֹן חֲכָמִים: עָנִי הוּא הַקּוֹנֶה בְּרַגְלָיו... רַבִּי יְהוּדָה אוֹמֵר: אֶחָד עָנִי וְאֶחָד עָשִׁיר... לֹא אָמְרוּ לְעָרֵב בְּפַת אֶלָּא לְהָקֵל עַל הֶעָשִׁיר..."
The Gemara in Eruvin 49b refines this:
"אמר רבה: מאי טעמא דרבי יהודה? קסבר: עיקר עירוב ברגליו..."
The Rambam systematically codifies Rabbi Yehudah's position, establishing that eruv b'raglav is the primary, objective mechanism of shevitah, while eruv b'pat is a concession.
Halachic Codification: Shulchan Aruch
In Shulchan Aruch, Orach Chayim 409:11, the Mechaber brings both the Rambam’s and the Ra'avad’s views regarding the traveler who designates a location beyond 2,000 cubits:
"היה בינו ובין המקום שרוצה לקנות בו שביתה יותר מאלפים אמה... לרמב"ם לא קנה שם שביתה ויש לו אלפים אמה ממקום שהוא עומד... ולהראב"ד קנה שם שביתה... ואינו מהלך אלא ד' אמות..."
The Mishnah Berurah[^13] notes that the majority of Rishonim (including the Rashba, Rosh, and Ritva) side with the Ra'avad. However, the Biur Halachah[^14] cautions that in practice, because this is a rabbinic law (derabanan), we apply the rule of safek derabanan l'kula (in a case of doubt in rabbinic law, we rule leniently).
Interestingly, this creates a double-edged sword:
- If we follow the Rambam, the traveler is leniently allowed to walk 2,000 cubits from his physical location.
- If we follow the Ra'avad, he is strictly limited to 4 cubits at his physical location, but he may walk 2,000 cubits around the distant designated location if he somehow gets there (e.g., if he was carried by non-Jews or if the boundary issue was resolved).
[Halachic Resolution]
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+-----------------+-----------------+
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[Rambam's Leniency] [Ra'avad's Leniency]
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- Allowed to walk 2,000 - Allowed to walk 2,000
cubits from current spot. cubits around distant spot
if transport occurs.
Psak & Practice
1. Setting an Eruv Techumin Today
In contemporary practice, eruv techumin is highly relevant for individuals who need to walk between neighboring towns or settlements on Shabbat (such as in Israel) for a mitzvah, such as visiting a sick relative, attending a joyous celebration (simcha), or serving in security/medical capacities.
[Contemporary Eruv]
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+-------------------+-------------------+
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[Eruv b'Pat (Food)] [Eruv b'Raglav (Foot)]
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- Standard practice. - Used in emergencies.
- Requires bread/mezonot for - Requires physical walk
two meals. and mental resolve at
- Placed before Shabbat. the boundary.
The standard method is eruv b'pat (food proxy), usually consisting of bread or crackers equivalent to the size of two meals (approximately 18 biat or 360-500 grams). This food must be placed at the boundary before Shabbat begins.
However, in emergency situations—such as a doctor or communal leader who must establish a boundary extension but lacks the food or an agent to transport it—the Rambam’s ruling in Mishneh Torah, Eruvin 7:9 provides a vital pathway:
- The individual can physically walk to the edge of the 2,000-cubit limit before Shabbat.
- By simply standing there and forming a mental resolve (shegamar bilbo), he establishes his shevitah at that spot.
- He can then return home for the night and, the next day, walk an additional 2,000 cubits from that boundary point.
2. Meta-Psak Heuristics: Halacha K'Divrei HaMekil B'Eruv
The entire sugya of eruvin is governed by a powerful meta-psak heuristic: "The halachah follows the lenient opinion in matters of eruv."[^15] This principle is not merely a tie-breaker; it is a structural mandate to seek out and apply leniencies because techumin is rabbinic in nature (derabanan).[^16]
This explains why the Rambam and the Shulchan Aruch validate eruv b'da'at from a distance for a traveler or a poor person, and why they accept pure mental resolve (bilvavo) without verbal articulation. When analyzing modern challenges—such as delineating techum boundaries in sprawling metropolitan areas—posekim consistently leverage these leniencies to preserve human movement and communal cohesion on Shabbat.
Takeaway
Kinyan Shevitah is not merely about physical coordinates or food; it is a legal projection of identity. According to the Rambam, while physical presence is the ideal anchor of rest, sincere mental resolve coupled with physical action can redraft the halachic map of a person's Shabbat.
[^1]: Chiddushei Rabbeinu Chaim Halevi al HaRambam, Hilchot Eruvin, Chapter 7, Halacha 1. [^2]: Eruvin 49a: "עירובו של אדם במקום עיקרו, ואמרינן: מקום פיתא גורם." [^3]: Avodat HaKodesh, Sha'ar HaMayim, Siman 3. [^4]: Tzofnath Paneach, Hilchot Eruvin, Chapter 7, Halacha 5. [^5]: See Eruvin 36b regarding the dispute of bereira in rabbinic laws. [^6]: Rashi on Eruvin 52a s.v. "במאי קני". [^7]: Kehillat Yaakov, Eruvin, Siman 14. [^8]: Kiddushin 49b. [^9]: Berakhot 34b. [^10]: See Ketzot HaChoshen Siman 182:1, who discusses the limits of agency in personal physical acts (chovat haguvra). [^11]: Avnei Nezer, Orach Chayim, Siman 324. [^12]: See Mishneh Torah, Shabbat 27:11. [^13]: Mishnah Berurah 409:33. [^14]: Biur Halachah 409:11 s.v. "להראב"ד קנה שם שביתה". [^15]: Eruvin 46a: "הלכה כדברי המקיל בעירוב." [^16]: According to the Rambam, Mishneh Torah, Shabbat 27:1, the 2,000-cubit limit is entirely rabbinic, while a limit of 12 mil (approx. 24,000 cubits) is biblical (d'oraita). Most Rishonim hold that even the 12 mil limit is rabbinic.
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