Siman 410

That which was explained at the end of the previous siman, that only for one who is on a journey did they permit him to acquire a shvut at a distant location, such as by saying "my shvut is in such-and-such a place," and not for one sitting in his home; however, sometimes even one sitting in his home is judged as if he is on a journey. For example, one who was in his home and wanted to acquire a shvut in such-and-such a place, and he went there to reach that place and say "my shvut is in this place," and he set out on the way and his friend met him at the beginning of the way and said to him: "It is a time of heat, it is a time of cold, return to your home," or if he himself was prompted to return because of the heat or the cold, or if he was delayed there for some reason—his law is like one traveling on a journey and he can say "my shvut is in such-and-such a place," and he returns to his home to sleep, and the next day he has two thousand amot in every direction from the place of the shvut that he designated. For since he resolved in his heart to establish his shvut there and set out on the way, he becomes like one who stood there or placed his eruv there.

And know, that which we wrote that he should say "my shvitat is in such-and-such a place," this is the opinion of Rashi. (52a in the second version, see there). However, from the words of the Rambam in chapter 7 and the Shulchan Aruch section 1, it is explained that there is no need at all to say "my shvitat is in such-and-such a place," for since he resolved in his heart to go and acquire shvitat and began to walk—it is as if he is standing there literally, for speech is not required. And the Tur brought both opinions, see there, and the Rashba ruled like Rashi, that in such cases where he is not at the location, the speech is a requirement. (Beit Yosef). But the Rambam explained explicitly at the end of chapter 7 that speech is not required, and this is the wording of the Rambam: "And anyone who acquires shvitat at a distance—does not need to say 'my shvitat is in such-and-such a place,' but rather since he resolved in his heart and set out on the way—he acquires shvitat there. And it goes without saying that one who went out on foot and stood at the place of shvitat—that he does not need to say anything, but rather since he resolved in his heart, he acquired." Thus far his words. And according to this, one must say that what he wrote there at the beginning of the chapter: "One who went out on the eve of Shabbat... and said 'my shvitat is in this place' etc." Thus far his words, he is teaching the common way of the matter, or that he did not leave his house for that purpose, and while on the way he decided to go there to acquire shvitat.

Our teacher, the Beit Yosef, wrote at the end of section 1: "In what case are these things said? Regarding a poor person whom we do not burden to place an eruv, or regarding one at a distance, such as one who was coming on the way. But if he was not a poor person and not at a distance—no." Thus far his words, and this is from the wording of the Rambam there. And I wonder, for from this wording it is clear that for a poor person they permitted saying 'my place of rest is in such-and-such a place' even without having held the way. And granted that the Rambam holds so, but our teacher, the Beit Yosef, himself wrote at the end of the previous siman that they did not permit this to one sitting in his house, and he did not distinguish between a poor person and a wealthy person. And this is indeed the opinion of the Tur there, and also the Rashba holds so as the Maggid Mishneh wrote there; and if so, our teacher, the Beit Yosef, there ruled anonymously like the Rashba and the Tur, and here like the opinion of the Rambam, and it requires further study.

And that which we said, that one who acquires a shevitah at a distant location does so when he has set out on the way—it is not specifically that he exited the city and is walking in the field, but even if he only descended from the upper story to go to that place, and before he exited the gate of the courtyard his fellow turned him back—this is called having set out on the way, and he acquires shevitah. And anyone who acquires shevitah at a distant location—it is unnecessary to say "my shevitah is in such-and-lesser place," but rather since he resolved in his heart and set out on the way even a small amount—he acquires shevitah there. And it is unnecessary to say regarding one who went out on foot and stood in the place where he acquires shevitah—that he does not need to say anything, but rather since he resolved in his heart—he acquires. Our teacher, the Beit Yosef, ruled thus in section 2, and it is from the words of the Rambam in chapter 7, and we have already written in section 2 that Rashi and the Rashba disagree on this, see there. (And regarding one who recognizes a tree or a fence—according to everyone, speech is required.)

The people of the city who sent one of them to bring their eruv for them to a known place, and he took hold of the way and his fellow turned him back and he did not bring their eruv — they have not acquired the residence in that known place, for their eruv was not placed there, and they remain in the techum of their place, two thousand cubits in every direction. But he — he has acquired the eruv there, for he took hold of the way and intended to rest there. Therefore, he may go to that place tomorrow, and go from it two thousand cubits in every direction. And according to Rashi and the Rashba, this is specifically when he said "my residence is in such-and-such a place." But for them — it is of no use even if he spoke on behalf of all of them, for they desired an eruv of bread and not an eruv of foot.