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Today’s Daf Yomi Question:
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?
This could have been asked earlier, when the Gemara itself mentioned this. There, the Gilyon Hashas points to the Hagaos Ashri that says that the Gemara can be interpreted to mean that the Torah doesn’t say Techumin straight out. The Rosh there says that the Bavli doesn’t hold of the 12 Mil Techum Mide’oraysa.
The Gemara earlier, and by extension Tosafos here, can also be explained as follows. Rashi explains that the issue with something that has an Ikkar in the Torah is that we don’t want to be lax even on the Derabanan aspect of the Mitzva, since it might stretch to the De’oraysa.
Therefore, we can understand that Techumin are very different from all other Derabanans. In the case of Maaser, there are Maaser Derabanan and Maaser De’oraysa. The same goes for Tuma. However, a person never comes into contact with the Techum De’oraysa. Even with an Eiruv Techumim the person can only go a third of the Techum De’oraysa. There is nothing to be lost by being lenient in Hilchos Techumim Derabanan.
In fact, we don’t even know the ins and outs of Techumim Deoraysa, since it rarely comes into play. Probably the whole concept of setting up food that should act as an Eiruv won’t work in a De’oraysa. So, we surely don’t lose by relaxing the rules of this Eiruv. (Obviously, setting up booths and depending on old foundations would work Mide’oraysa.)