Carrying on Shabbos Scenarios
Right before Shabbos, a person who lives in a community that does not maintain a proper eiruv is instructed to empty his pockets[i] of all items, so that he does not come to inadvertently carry on Shabbos.[ii] Moreover, it is strongly recommended that during Shabbos one not put any item, e.g. a tissue or a key, into one’s pockets, since we are concerned that one will forget that the item is there and will inadvertently carry it outdoors.[iii]
It happens, though, that people do forget and walk outdoors on Shabbos with something in their pocket. Perhaps one was under the assumption that the community maintains an eiruv only to discover that it does not; perhaps the eiruv was down for that particular Shabbos, or possibly one unintentionally wandered outside the borders of the eiruv. Be that as it may, one winds up in a situation where even the slightest wrong move can have serious halachic consequences. In many instances, no matter what one does, whether one stops abruptly or continues walking,[iv] one will run afoul of a Shabbos desecration. It is important, therefore, to review some of the options discussed by the Poskim as to the best course of action under the circumstances. Note that the guidelines discussed here, hotly debated among Poskim, are extremely complex and confusing. What follows is an attempt to simplify a complicated matter, taking into account what would be most practical given our present lifestyle.
Question: What should a person do if he discovers that he is carrying a tissue, etc., or an item of little value in his pocket[v] while walking[vi] in an area which is not enclosed by an eiruv?
Discussion: As soon as he discovers his mistake he may not stop walking for even a moment, and while continuing to walk he should:
Option 1: Turn his pocket inside out until the tissue drops out and falls to the ground, thereby discarding it in an awkward manner. [If he made a mistake and stopped walking, he may not start walking again until the item is discarded.]
Option 2: Pick up his pace and trot[vii] or run[viii] back to his point of departure without stopping along the way at all. If his point of departure is too far or otherwise not accessible, he should trot or run to the closest possible enclosed area (“reshus hayachid” – “private domain”) that he can find,[ix] without stopping along the way at all.[x] But for this option to work, two conditions[xi] must be met:
- He must be sure that he never stopped at all along the way from the time he left his point of departure. If, for instance, he stopped at a red light or to wait for traffic to clear at any point along the way,[xii] this option cannot be used.
- He will be able to enter his point of departure [or, failing that, any other enclosed area] without interrupting his walking. For instance, in the case where one unintentionally walked outside the borders of the eiruv, one could simply just walk right back into the eiruv In the case where he found out that the eiruv does not exist and he is returning home, if he has a yard or a porch that can be entered without first stopping, or if there is somebody available to open his front door and allow him to enter without stopping, then he can avail himself of this option. Otherwise, this option should not be used.
Option 3: Locate an area classified as a makom petur (an “exempt [neutral] area,”) and while continuing to walk, remove the item from his pocket and place it on the makom petur. A makom petur is any enclosed space over 11 inches high and smaller than 14 inches square, such as a fire hydrant, a parking meter, a small mail box on a post or an emergency telephone box protruding from a telephone pole. Preferably, the makom petur should be over 35 inches high.[xiii] But for this option to work, the item must be placed on the makom petur in such a way that it can rest on it at least momentarily and not roll off immediately. If it will roll off immediately, then it is considered as if it was placed on the street.
Important Note: No clear consensus emerges from the Poskim as to which one of the above three options is halachically superior. Each one of the three options is recommended by some Poskim as being preferable to the other two.[xiv] What is clear, however, is that option 1 is by far the most practical, since options 2 and 3 are only viable when a host of conditions are present. It follows, therefore, that unless one is clear about all of the conditions pertaining to options 2 and 3 and is able to make the right decision on the spur of the moment, the best choice remains option 1. For that reason, we have listed that approach as option 1.
Question: What should a person do if he discovers that he is carrying a wearable item, e.g. a yarmulke or gloves, in his pocket while walking in an area which is not enclosed by an eiruv?
Discussion: As soon as he discovers his mistake he may not stop walking for even a moment, and while continuing to walk he should:
Option 1: Turn his pocket inside out until the item drops out and falls to the ground. [The same procedure is followed if he made a mistake and stopped walking; he may not start walking again until the item is released from his pocket.] He should then stop walking, pick up the item from the ground, put it on, and then continue walking. Under no circumstances may he don the item while continuing to walk.[xv]
Other examples of wearable items that might be found in one’s pocket and may be put on after stopping include the following: A scarf, ear muffs, a woman’s rain bonnet, a large handkerchief,[xvi] eyeglasses, contact lenses, a hearing aid, a gold wristwatch, a gartel, a tie, a hair or wig pin, braces and most kinds of jewelry.
According to some Poskim, this option can be used for an inexpensive wristwatch[xvii] and a man’s rain hat[xviii] as well.
Option 2 and Option 3 are available in this case as well. See Important Note in the previous Discussion.
Question: What should someone do if he discovers that he is carrying money or a gold pocket watch [or any other valuable, non-wearable item] in his pocket while walking in an area which is not enclosed by an eiruv?
Discussion: In this case, where there is a possibility of monetary loss involved, the Sages were concerned that one might panic and carry[xix] the money in a manner which is clearly forbidden, possibly by Biblical law. In order to keep this from happening, the Sages made some exceptions and permitted certain actions which are normally restricted mi-derabanan. The three options described earlier, with some modification, can be employed here as well, in addition to two more options, as follows:
As soon as the individual discovers his mistake he may not stop walking for even a moment, and while continuing to walk he should:
Option 1: Turn his pocket inside out until the item drops out and falls to the ground. [The same procedure is followed if he made a mistake and stopped walking; he may not start walking again until the item is released from his pocket.] He should then stay put and guard the money until Shabbos is over, or look around for a non-Jew who is willing to do so. If the non-Jew volunteers to deliver the money to his home or shul, he need not object. If the non-Jew cannot be trusted to guard the item, the non-Jew may be asked explicitly to bring it (the item or the money) to the Jew’s home or shul.[xx]
Option 2: When conditions are right, follow the same rules as detailed earlier in option 2 (run to original point of departure, etc). See Important Note in earlier Discussion.
Option 3: When conditions are right, follow the same rules as detailed earlier in option 3 (locate a makom petur, etc.). Then, stay put and guard the money until Shabbos is over, or look around for a non-Jew who is willing to do so. If the non-Jew volunteers to deliver the money to his home or shul, he need not object. If the non-Jew cannot be trusted to guard the item, the non-Jew may be asked explicitly to bring it (the item or the money) to the Jew’s home or shul.
If none of the three options described above are feasible, e.g., one is in a dangerous neighborhood, or severe weather conditions make guarding the item until after Shabbos impossible, there are two more options that one may consider. As these options are halachically less desirable, they should be used only when the first three options are not viable[xxi]:
Option 4: After allowing the money to fall out of his pocket to the ground, he should stop walking, pick up the money and place it inside his shoe, underneath his hat, or between his body and his shirt, and walk to the closest place where he would feel it safe to leave the money until after Shabbos.[xxii]
Option 5: After allowing the money to fall out of his pocket to the ground, he should stop walking, pick up the money, walk less than 7 feet, stop walking,[xxiii] walk less than 7 feet, and continue to follow this pattern until he reaches the area outside of his home where he may leave the money until Shabbos is over or ask a non-Jew to bring it in for him. If he is afraid to leave the money outside of his home until Shabbos is over and a non-Jew is not available, he will need to find a way to get it into his house in an awkward manner, such as in one of the ways mentioned in option 4, or by kicking it into his house, or by throwing it over his shoulder into an open door or window.
[i] Of the clothing that he is presently wearing as well as the pockets of any other clothing that he plans to wear on Shabbos.
[ii] Shulchan Aruch 252:7. Even in a community that has an eiruv, one should check his pockets to rid them of any muktzeh items; Mishnah Berurah 252:55.
[iii] O.C. 303:17; Rama, O.C. 310:7. See Shulchan Aruch ha-Rav 303:23, Ma’aseh Rav 141, Minchas Shabbos 84:3 and Sha’ar ha-Tziyun 310:22.
[iv] If he stops abruptly, he will be unwittingly completing the melachah of transporting in a reshus harabbim (public domain) by performing hanachah, bringing the item to a state of rest. (This is a full-fledged melachah if done in a reshus harabim, and a severe rabbinic prohibition if done in a karmelis). Even if he continues to walk, eventually he will need to stop somewhere and will complete the melachah of carrying at that time.
[v] Most of the halachos described below also apply when one realizes that one is inadvertently carrying an object in one’s hand.
[vi] If he came to this realization while already stopped, he should simply discard the tissue before continuing on his way.
[vii] Trotting or running is required so that one will remember not to stop until one reaches one’s destination; Mishnah Berurah 266, note 31.
[viii] Although running on Shabbos is generally restricted, here it is permitted since it is considered as if he is running for the purpose of a mitzvah (Shulchan Aruch 301:1).
[ix] Rav S.Z. Auerbach (Shemiras Shabbos Kehilchasah 18, note 245). In this case, it is preferable to let the item drop out of the pocket in an awkward manner; Orchos Shabbos 28:71.
[x] It follows, therefore, that this option cannot be followed if going back to the point of departure or closest reshus hayachid would require stopping along the way for any reason. If he happens upon a red light, he must walk around in place until the light turns green.
[xi] See Mishnah Berurah 266, note 36.
[xii] Sha’ar Hatziyun 349:18.
[xiii] To satisfy the first view quoted by Rema 345:19 (see Beiur Halachah ד"ה ויש) who maintains that a makom petur in a karmelis must be over 10 tefachim tall, as per Shulchan Aruch 345:18.
[xiv] See Nefesh Chayah, Orach Chaim 5; Eretz Tzvi, I, 76; Igros Moshe, Orach Chaim II, 112; Nesivos Shabbos 9, note 35; Shemiras Shabbos Kehilchasah 18:59; Orchos Shabbos 28:71.
[xv] Igros Moshe, Orach Chaim II, 112. See also Chazon Ish, Orach Chaim 105:6.
[xvi] See Mishnah Berurah 301, note 133.
[xvii] Based on Igros Moshe, Orach Chaim I, 111; Shulchan Shlomo 301:22:2.
[xviii] Based on Chelkas Yaakov II, 100; Shulchan Shlomo 301:11.
[xix] Or do something else that is strictly forbidden, such as digging a hole in the ground and burying the money, etc.
[xx] Mishnah Berurah 266, note 37. In this case, the Sages waived the rabbinical prohibition of amirah le’akum.
[xxi] See Chayei Adam 54:4; Mishnah Berurah 266, note 37.
[xxii] Based on Mishnah Berurah 301:123. In this case, the Sages waived the rabbinic prohibition of muktzeh and that of transporting through a public domain or a karmelis in an awkward manner.
[xxiii] Some Poskim recommend that he place the item on the ground as well. If it is difficult to do so, one may rely on the lenient opinions who do not require it; see Mishnah Berurah 266, note 18, Sha’ar Hatziyun 349:18 and Shulchan Shlomo 266:6.