Eruvin 59 – עירובין נט

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Today’s Daf Yomi Question:

The Gemara concludes that we follow the larger boundary, since Techumin are meant to be applied leniently.  Why can’t we simply suffice with the general formula that any safek involving a Derabanan is lekula?

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One thought on “Eruvin 59 – עירובין נט

  1. It seems like that phrase, that the Chachamim made Techumin to be Meikil and not to be Machmir, was meant for the last part — that we believe anyone — as we see from Tosafos.

    In this case, it is a Milsa Da’avida Li’igluye. It can be re-measured at any time. In such instances we are usually more Machmir.

    Even by a Derabanan we never say not to be carefull of transgressing the Issur Derabanan. When there was a legitimate Safek, or often by a Machlokes, we Pasken Lekula. But it is not a blanket rule not to worry about the Shiurim Derabanan. We wouldn’t guess about a Kezayis Maror Bizman Hazeh or depend on a chance that someone set aside an Eiruv Tavshilin.

    Even by a Safek, although we are Meikel by a Derabanan faster than by a Deoraysa it still isn’t with sleight of hand. We didn’t merely say, if you think you Toveled you are probably Tahor and you’ll be OK. It was after employing Chazakos, even if the standard wasn’t as rigorous as with a Deoraysa.

    (Even Rebbe Meir, who according to Rava is Meikil by a Mikva Shelo Nimdad, that might be through the Chezkas Tahara of Taharos he touched. Also, Lo Nimdad is equivalent to Eino Beduka, which means that the item had a Chezkas Kashrus but it is missing the element of Baduka. The Mikva was also assumed to be a Kosher Mikva, although it doesn’t have the benefit of being checked.)

    More importantly, we find by Derabanans that we are Toleh Lehakel. We find this by two piles that landed in two places, where we allow ourselves to assume that the Teruma fell into Teruma, or the Chametz landed in the house that was not Baduk. This concept is because we have a question on a Din which is based on facts that are not here. Saying that a measurement is currently the right size is not a Teliya.

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