Eruvin 37 – עירובין לז

The Gemara located a Tanna who holds ’Ein Bereira’ by a Derabanan – from the Braisa of Techumin.  Tosfos explains that we could not prove this from the Braisa of Maaser, since although Maaser of vegetables is Derabanan, nevertheless the concept of Maaser is rooted in Torah, and is therefore (perhaps ) more stringent.  But isn’t Techumin also rooted in Torah, according to the opinions who hold that the Twelve Mil limit is min hatorah?

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