More Discussions for this daf
1. The debate between Moshe and the Melachim 2. Ben Amram 3. Angels and Shabbos
4. Moshe going up to Har Sinai for 40 days 5. Contradictions? 6. Istis - Blue or Yellow?
7. Ki Ata Avinu 8. כלום קנאה יש ביניכם 9. שפרו ורבו

Avrohom Yaakov asked:

Dear Rabbi,

On daf 89a the gemara brings down a discussion about what transpired between Moshe and the Angels when Moshe went up to receive the Torah. One of his claims was do you do any melacha that you need to rest. According to those rishonim that tchum is min hatorah, isn't there an opinion in eruvim that techum applies above ten tefachim and since angels fly above ten tefachim and angels do travel, they would be bound on shabbos by techum (something which would not be allowed on weekdays)and therefore moshe's claim would technically be incorrect?

Avrohom Yaakov, Israel

The Kollel replies:

Interestingly, the thirty-nine Melachos do not include the prohibition of Techum Shabbos, which seems to be outside of being called a Melachah. This is emphasized strongly by the MINCHAS CHINUCH (at the beginning of Mitzvah 24), who says clearly that Techumim is not called a Melachah, and one who breaks it does not transgress "Lo Saseh Kol Melachah," or even the Mitzvas Asei of "Tishbos" which is broken by someone who does any of the thirty-nine Melachos. Therefore, Moshe Rabeinu's statement is (obviously) correct.

All the best,

Yaakov Montrose