Eruvin 59 – A city of one owner

Only an expert surveyor can be tasked with measuring the techum (Shabbat walking distance) of a city. If, nevertheless, he made mistake and his measurement was not a perfect rectangle, we accept the side with the longer measurement – because of the rule that in techum we follow the most lenient approach possible.

A town may be surrounded by a fence, common food may be placed in one of the houses, and this will create an “eruv” which will permit the people of the town to carry in its streets on Shabbat. Even so, one must leave an area of the town outside the eruv. This is needed mostly for the children: they will know that there is an area of town where carrying is prohibited, and will be reminded of the laws of not carrying on Shabbat and of the eruv. However, if the town belongs to one owner, one can include all of it in the eruv, and he does not need to leave a part outside an eruv. So too, if the town used to belong to one individual but grew, and now belongs to many, one can still include it all in one eruv, because of the town's prior history. On the other hand, if the town used to belong to multiple owners but now belongs to one, leaving a portion of it outside the eruv is required.

How large should be the portion outside the eruv? – As large as the town which used to be in Judea called “Chadashah,” with the population of fifty people. Some say, three courtyards with at least two houses each.

Art: Young Peasant Woman with Three Children at the Window by Ferdinand Georg Waldmuller (1793-1865)