Siman 400

The two thousand amot that every person has from their place of rest is granted even without verbalization and without intent. Furthermore, we learned in the Mishnah (45a) that one who sat on the road and stood up and found himself near a city, and his intent was not for the city—he may enter; and there was an incident where Rabbi Tarfon entered without intent. Rashi explained: one who sat on the road to rest—because he was tired and did not know that he was within the techum of the city, and it grew dark for him there, and when he stood up he saw that he was near the city and within its techum, and when it grew dark for him—he did not intend for his place of rest to be in the city but rather in his place; nevertheless—he has the techum of the city. And so wrote the Rif, and this is his wording: "Since if he had known that the city was near he would not have acquired a place of rest except with the residents of the city—it is as if he acquired a place of rest with them, and he is permitted to enter the city with them, and he may walk through all of it and two thousand amot outside of it." Thus far his words. And his place of rest was established in error, and therefore he has the place of rest of the city (the Ri). And in the subsequent Mishnah it is explicitly stated that even if one was sleeping at the time of the acquisition of the place of rest—he acquires a place of rest and has two thousand amot in every direction, and this will be explained in the next siman with the help of Heaven, and so wrote the Tur and the Shulchan Aruch; and see in section 4.

And this is when his intention was to enter the city, only that it was hidden from him that he was within the techum of the city. But if his intention was not to enter the city—he has acquired shvitan in his place, and he has two thousand amot in every direction from his place of shvitan. And if the two thousand end in the middle of the city—he may not go from there and further. And if they end at the edge of the city—the entire city becomes for him like four amot, and he completes the two thousand outside of it, and the reason for this matter will be explained in siman 408. And so too, even when coming on the way his intention was to enter the city, and he knew that he was within the techum of the city, and he said "my shvitan is in my place," since he willfully uprooted the shvitan of the city and acquired shvitan in his place—he has two thousand from his place. And if the two thousand end in the middle of the city—he has nothing from there and further, and when they end at the edge—it becomes like four amot and he completes outside of it, as has been written.

This is the wording of the Rambam in chapter 27, law 9: "One who was coming on the way to enter a city, whether he was coming by sea or by land, if he entered within two thousand amot near the city before the Shabbat entered, even though he did not reach the city until Shabbat — behold, this person may enter, and walk through all of it and two thousand amot outside of it." Thus far his words. He further wrote: "If he was coming to a city and slept on the way and did not wake up until Shabbat, and when he awoke he found himself within the techum — behold, this person may enter it, and walk through all of it and two thousand amot outside of it in every direction, because his intention was to go to this city, and therefore he acquired shvitzah with the residents of the city like them, for behold, he entered with them into the techum." Thus far his words.

And in the first law he informs us that the acquisition of shevitah is not specifically in the place where he stands, for he can acquire shevitah even not in his place, within any distance of two thousand amot from the place where he stands, and this is when he says so, and this will be explained in siman 409 with the help of Heaven. And if he is within the techum of his city that he is going toward, even if he said nothing—he has the techum of the city, for ordinarily his intention is for the techum of the city. And afterward he informs us that even if he did not know at all that he was within the techum of the city, and even if he was sleeping and woke up and found himself within the techum of the city—he has the techum of the city. However, he did not explain this matter: that even though he intended to acquire shevitah in his place because he did not know he was near the city—it is an acquisition of shevitah in error, and he has the shevitah of the city, for behold, he did not mention anything of this. And also in the Tur and Shulchan Aruch this law is not mentioned explicitly, and only in Rashi and in the Rif is it explicitly stated so, and so wrote the Ritva; see there.