Laws For Jewish People Carrying On Shabbat And Holidays

Jewish law is rooted in halakha, a complex system of what is permitted and forbidden for Jews. The laws are derived from the Written Torah (the Five Books of Moses) and the Oral Torah (rabbinic interpretation, codified in the Talmud). The laws are interpreted and debated, and there is no central authority to make the final decision. This has resulted in different sects within Judaism, each with its own interpretations and applications of the laws.

One example of a debated topic is carrying objects on the Sabbath. While it is generally prohibited to carry objects from one domain to another, there are exceptions, such as wearing clothes, which are not considered carrying. Another example is the use of electricity on the Sabbath, which is allowed as long as electrical appliances are not actively toggled.

The interpretation and application of Jewish law can vary depending on the specific community and their rabbis. It is important to note that these variations are not considered loopholes but are part of the process of understanding and applying the laws in a way that is consistent with Jewish tradition and values.

Carrying on Yom Tov

The Torah prohibits work on Yom Tov, but the definition of "work" differs from that of Shabbat. Work is defined as anything that is done "for the sake of what is eaten by any person". This means that cooking, kneading dough, and bringing food from one domain to another are permissible on Yom Tov, as you are working directly with consumable items. However, activities such as extinguishing a fire, building a structure, or ploughing a field are not permitted, as the benefit received from these activities is indirect.

On Yom Tov, carrying is permitted, as long as the item carried is intended to be used on that day. For example, if you borrow chairs from a neighbour for a meal, you can return them on the same day if they may be used by your neighbour. However, if your sole purpose for returning the chairs is to free up space in your house, then carrying them through the street on Yom Tov is not allowed.

There are certain restrictions on carrying on Yom Tov. For instance, carrying a ladder through the street is forbidden, as it may give the impression that one is on their way to do maintenance on their roof. Additionally, carrying an umbrella is not allowed, as opening an umbrella is similar to making a tent, which is one of the forms of work prohibited on Yom Tov.

On Yom Tov, you can carry outside even for something that is not required for food, as long as it serves another need. However, if it serves no need at all, carrying is not allowed except in places where it is permitted on Shabbat. Even when carrying for the sake of food, one should not carry a large load; instead, it should be done with a change, unless it is not possible to do so, such as when one has many guests.

The laws of carrying on Yom Tov also apply to taking out the garbage. Garbage is considered muktza (repulsive matter), and disposing of it is only allowed when its presence is an assault on human self-respect. For example, you may take out a full bag of garbage from the kitchen to the large bin outside the house, but only if you are still within an eruv (a halakhic boundary that surrounds a public domain, allowing activities that are usually prohibited on Shabbat). If your garbage collection day coincides with Yom Tov, you are not allowed to wheel your bin from the side of the house to the front garden, as the bin is considered muktza and is not assaulting anyone's presence at its current location.

Understanding Jewish Law

Jewish law, or halakha, is a complex system derived from both the Written Torah (the Five Books of Moses) and the Oral Torah (rabbinic interpretation, codified in the Talmud). Interpreting Jewish law involves engaging with millennia of interpretations, debates, nuances, allusions, implications, and applications contained in the Torah, as well as the Jewish tradition and the practical realities of community life. This process aims to arrive at definitive conclusions about how a rule applies and what it means for behaviour.

The laws and their interpretations can sometimes appear as "loopholes" to outsiders, but they are, in fact, a result of the intricate and precise nature of Jewish law. For example, carrying objects from one domain to another (inside a house to outdoors or vice versa) is prohibited as melachah ("work") on the Sabbath. However, wearing clothes is not considered "carrying", and therefore, wearing a house key on a belt or as a tie clip is permissible, as it serves a function for clothing.

Carrying in an Eruv on Shabbat

On Shabbat, one of the 39 forbidden activities is to carry anything over four cubits (approximately six feet) within a public domain. This also includes transporting items from a private domain into a public one, or vice versa. A "private domain" is an enclosed area, whereas a "public domain" is an unenclosed major thoroughfare that is used regularly by the public and is at least 16 cubits wide (about 24 feet).

To avoid confusion, the rabbis expanded the carrying ban to extend to any area, unless it is both fenced in and owned privately. This rabbinic law provides a clear distinction that avoids accidental violation of Torah law. This pseudo-public area is called a karmelit.

The eruv is a technical boundary that allows Jews to carry in public areas on Shabbat. It is a ritual halakhic enclosure that symbolically integrates a number of private properties and spaces, such as streets and sidewalks, into one larger "private domain". The enclosure is found within some Jewish communities, especially Orthodox ones.

The eruv typically includes numerous private homes, as well as a semi-public courtyard whose ownership is shared by them. To enact the merger of the homes and courtyard into a single domain, all homeowners, as well as owners of the courtyard, must pool together certain foodstuffs, which grants the area of the eruv the status of a single private domain. As a precondition for this merger, the area must be surrounded by a wall or fence.

In many cases, the demarcation of the shared area consists of real walls or fences. Building walls may also be used, and in some cases, a natural wall such as a river bank or steep hill can be used.

The term eruv is a shortening of eruv chatzerot, which literally means a "merger of [different] domains" (into a single domain). This makes carrying within the area enclosed by the eruv no different from carrying within a single private domain, such as a house owned by an individual, which is permitted.

The eruv allows Jews to carry, among other things, house keys, tissues, medication, or babies, and to use strollers and canes – all of which are otherwise forbidden from being carried outside one’s home during Shabbat, in the absence of an eruv.

However, an eruv does not give one a license to carry everything. It does not allow the carrying of objects whose use is forbidden on Shabbat. For example, it is forbidden to carry an umbrella since opening or closing it is forbidden. Pens cannot be carried within the eruv, since pens cannot be carried on Shabbat at all. Finally, items that will only be used after Shabbat also cannot be carried on Shabbat, even within the eruv.

The purpose of the eruv is to allow the carrying of certain basic necessities, such as a tallit or a prayer book, house keys, clothing that is removed on warm days, and reading glasses. It also allows the pushing of a baby carriage along with food and diapers.

History of the Eruv

Given the design of many communities in the past, many neighbourhoods or even cities were walled. As such, the whole area was regarded as "private," and carrying was allowed. However, this wasn't always the case, and today it is impractical to build walls throughout portions of cities.

The answer to this problem is the eruv, which creates a large private domain in which carrying is permitted on Shabbat.

Concerns about the Eruv

While there are an increasing number of eruvs being established in traditional Jewish communities, support for the practice is not universal.

One concern is that if there is an eruv in a community, those who rely on it may forget when they travel to communities without an eruv, and carry on Shabbat. Another concern is that if the eruv breaks during Shabbat, no one will know, and they will conduct themselves as if there is still a functioning eruv, thus breaking the rules of Shabbat.

The final and perhaps major concern is that because an eruv allows an exception to the prohibition against carrying on Shabbat, people may forget that there is a prohibition at all.

Concealed carry laws in New York

New York has strict laws regarding the concealed carry of firearms. A license is required to possess a pistol or revolver in the state, and there are two types of licenses: a "have and possess" license, and a "have and carry concealed" license. The former is commonly known as a "premises license" and allows an individual to possess a firearm at a certain location, such as their home or place of business. The latter, often referred to as a "concealed carry license," authorises the carrying of a pistol or revolver on one's person.

To obtain a concealed carry license in New York, applicants must meet several requirements. These include:

• Completion of a firearms safety training course.
• Four character references.
• Disclosure of spouse or domestic partner, as well as any other adults residing in the applicant's home.
• An in-person interview with the licensing officer/designee.

It is important to note that New York does not honour permits or licenses from other states. Additionally, there are several locations considered "sensitive zones" where carrying a firearm is prohibited, even with a concealed carry license. These include schools, colleges, universities, government buildings, places of worship, libraries, public parks, zoos, hospitals, homeless shelters, bars and restaurants serving alcohol, and public transportation.

The minimum age to obtain a concealed carry license in New York is typically 21 years old, with an exception made for honorably discharged members of the military, who can be of any age. The application process may vary depending on the type of license and the issuing county. The license must be renewed every three years in certain counties, while in other areas, it does not expire but requires recertification with the New York State Police every three years for a concealed carry license.

New York's concealed carry laws have been the subject of debate and legal challenges, with some arguing that they make it difficult for individuals, including Jews, to legally arm themselves for protection.

Carrying on a college campus

In the United States, campus carry laws refer to the possession of firearms on college or university campuses. These laws vary from state to state, with some states banning the carrying of concealed weapons on campuses, while others leave the decision to individual institutions. As of 2023, 19 states ban concealed weapons on campuses, while 12 states permit them. Two states, Utah and West Virginia, have specific laws mandating that all public colleges allow concealed weapons.

The issue of carrying firearms on college campuses is a highly contentious one, with proponents and opponents presenting strong arguments for their respective positions. Those in favour of campus carry argue that allowing firearms on campus can help prevent mass shootings, as 94% of such incidents occur in gun-free zones. They also contend that college campuses are open to the public, making restrictions on carrying weapons impractical and easily circumvented. Additionally, they assert that campus carry bans infringe upon the Second Amendment right to bear arms.

On the other hand, opponents of campus carry laws raise concerns about the potential disruption to the learning environment and the overall safety of students. Surveys indicate that a majority of faculty, students, and staff do not feel safer with more concealed guns on campus and believe that armed individuals on campus would not promote a greater sense of safety. They also highlight the success of gun-free policies in making educational institutions some of the safest places in the country.

The debate around campus carry laws is further complicated by the intersection of Second Amendment rights and public safety considerations. While the Supreme Court has affirmed the right to carry a firearm outside the home, the unique dynamics of college campuses, with their diverse populations and often dense settings, present unique challenges in balancing these rights and safety concerns.

In the context of Jewish carry laws, the discussion revolves around the ability of Jews to legally arm themselves for protection. In New York, for instance, strict laws and "sensitive zones" like schools and houses of worship make it challenging for Jews to legally carry firearms for self-defence. This has sparked debates about the adequacy of these laws in protecting Jewish individuals and communities from hate crimes and anti-Semitic incidents.

Carrying on public transport

Jewish law prohibits the use of public transport on Shabbat, with some exceptions. The Reform movement sanctions travel on Shabbat, but Conservative and Orthodox movements forbid it. This is due to several Jewish legal issues, including traveling outside one's city, carrying, lighting a fire (electricity), and marit ayin (the appearance of impropriety).

In some situations, mass transit on Shabbat may be permissible. For example, in London, the Tube runs for free on New Year's Eve, allowing people to walk onto the trains without swiping a card or paying. This eliminates the issues of using money and carrying. However, Jewish law also requires refraining from traveling more than 2,000 cubits outside one's city on Shabbat, which could still be violated when using public transport.

In Israel, most public transport shuts down on Shabbat, but there are some exceptions. For example, regular Egged bus lines operate in Haifa and Eilat, with both Jewish and Arab drivers.

The concept of an "eruv" is a technical boundary that allows Jews to carry in public areas on Shabbat. An eruv is a technical enclosure that surrounds private and public domains, creating a large private domain where carrying is permitted. This enclosure can be made using telephone poles and existing cables, acting as doorposts and lintels, respectively. However, an eruv does not permit carrying everything. Objects whose use is forbidden on Shabbat, such as umbrellas, pens, and items to be used after Shabbat, cannot be carried within an eruv.

The construction of an eruv is a complex area of Jewish law, and not all areas or poles qualify for inclusion. It is important to have an expert rabbi oversee the process. One concern is that if an eruv breaks during Shabbat, people may unknowingly violate the rules of Shabbat by carrying. Additionally, the inhabitants of the eruv must be "conjoined" into one entity through the joint ownership of some food.

Frequently asked questions