Jewish Laws: Carrying Things And When They Apply

Jewish law prohibits carrying objects in public on Shabbat. This includes carrying anything more than four cubits, or six feet, and transporting things from a private domain into a public one, or vice versa. A private domain is an enclosed area, while a public domain is an unenclosed thoroughfare that is regularly used by the public and is at least 16 cubits wide (about 24 feet). An eruv, a symbolic act that establishes a legal fiction of community or continuity, can be used to transform a public domain into a large private one, allowing Jews to carry outside the house on Shabbat.

Carrying in a public place

The definition of a "private domain" is an enclosed area, while a "public domain" is defined as an unenclosed major thoroughfare that is regularly used by the public and is at least 16 cubits wide (about 24 feet). Some also believe that it must have 600,000 people passing through it daily.

To avoid confusion and the violation of Torah law, the rabbis expanded the carrying ban to any area that is not fenced in and privately owned. This rabbinic law creates a clear distinction between public and private spaces, with the pseudo-public area called a "karmelit".

On Shabbat, carrying is only permitted within a private domain, and even then, only items that are needed and permitted to be used on Shabbat can be carried. For example, one cannot carry a key or a handkerchief outdoors, and pushing a baby carriage or stroller is also forbidden.

To allow for more freedom of movement on Shabbat, some Jewish communities construct an "eruv", a symbolic act that establishes a legal fiction of community or continuity. An eruv transforms a public domain into a large private one, allowing Jews to carry outside the house items that would typically be permissible to carry from place to place inside the house. It is often set up to enclose entire neighbourhoods, making it possible to carry items on Shabbat, as one never leaves the private domain.

However, the construction of an eruv is complex, and it is important to consult an expert rabbi to ensure it complies with Jewish law.

Carrying on Yom Tov

Carrying is permitted on Yom Tov, as long as the item being carried is intended to be used on that day. This rule also applies to borrowed items. For example, if you borrow some chairs from a neighbour for a meal, you can return them on the same day if your neighbour can use them. However, if you just want to free up space in your house, carrying them through the street on Yom Tov is not allowed.

If your neighbour has gone away for Yom Tov and left their house keys with you, you may borrow chairs from them on Yom Tov only if they are within the same complex. If they are beyond the 'techum Shabbat', or 2000 cubits outside the city limits, they are 'grounded' and cannot leave their '4 cubits' area. Their belongings are also restricted to their immediate '4 cubits', so their chairs cannot be moved.

Taking out the garbage on Yom Tov is allowed if it is an assault on human self-respect, for example, if you have a full bag of garbage in your kitchen. However, if your collection day falls on Yom Tov, you cannot wheel your bin from the side of the house to the front garden as the bin is considered muktza (something that may not be handled on Shabbat) and is not assaulting anyone's presence at the side of the house.

Carrying non-food items on Yom Tov is generally not allowed. For example, it is forbidden to carry a ladder through the street on Yom Tov, as it may give the impression that you are en route to do some maintenance on your roof. However, if you have locked yourself out of your house, you can ask a non-Jew to bring the ladder for you.

On Yom Tov, you can carry items from one domain to another, or through a public domain, as long as they are for an acceptable purpose that day. For example, if you are leaving the house and not planning to return until nighttime, some rabbis say you cannot carry your house key with you as you do not need it that day. Others say that carrying the key is necessary so that you can lock the house.

Preparing for Tomorrow

Any form of work that is permitted on Yom Tov must benefit you that day. Even if you need it that night, and that night is Yom Tov, you cannot do it during the day. This applies to cooking, peeling vegetables or fruits, bringing something from one domain to another, or washing dishes.

There are two exceptions to this rule:

• If you have a large pot of food or a kettle of water, you can put it on the stove, even if it contains more than you need for the day, as long as you serve at least some of it that day.
• You can cook more than you need of certain foods that taste better in large amounts, such as meat and poultry, as whatever is there benefits that day's food. Again, make sure to serve at least some of it that day.

What is considered 'muktzeh'

The concept of muktzeh in Jewish law refers to items that are "set aside" and may not be moved or handled on Shabbat, the Jewish Sabbath, or on Yom Tov, a Jewish holiday. The term comes from the Aramaic "muktzeh", meaning "set aside". The laws of muktzeh are codified in the Code of Jewish Law in the Laws of Shabbat.

Muktzeh is a rabbinic prohibition, rather than a biblical one. The consensus among halakhic authorities is that it was instituted to preserve the state of restfulness on sacred days. The idea is that, without this restriction, people might use their free time to rearrange items in their homes and carry them from one place to another, which goes against the spirit of Shabbat as a day of rest.

The four main types of muktzeh are:

• Kli SheMelachto LeIsur: a tool whose defined use involves work forbidden on Shabbat, such as matches.
• Muktzeh Mechamat Chisaron Kis: an expensive item that requires careful handling and is set aside to avoid damage, such as a piece of art.
• Muktzeh Mechamat Gufo: an object that is not a tool and has no defined use on Shabbat, such as a stone or a dead body.
• Basis LeDavar HaAssur: an item that is not muktzeh in itself but serves as a base for another item that is considered muktzeh, such as a tray on which Shabbat candles are placed.

There are also additional types of muktzeh, including:

• Muktzeh Machmat Mitzvah: objects used only to perform a non-Shabbat mitzvah, such as a lulav (a closed frond of the date palm tree).
• Muktzeh Machmat Mi'us: items that are set aside due to their repulsive nature.
• Nolad: items that came into existence on Shabbat.
• Kli She'Melachto L'Heter: it is forbidden to move a tool whose primary use is permitted, without any need at all.

The laws of muktzeh are quite detailed and can be complex. For example, it is generally forbidden to move a muktzeh item with one's hands, but it may be moved with one's feet, body, elbow, or by blowing on it. Additionally, a muktzeh item may be touched if doing so does not cause it to move, and it may be sat upon, even if that causes it to move, as long as it is not done with one's hands.

The use of an eruv

An eruv is a ritual halakhic enclosure that allows Jews to carry out activities that are normally prohibited on Shabbat. The word 'eruv' means 'mixture' in Hebrew and is also known as eiruv or erub. The enclosure is often found in Jewish communities, especially Orthodox ones.

On Shabbat, it is forbidden to transfer an object from one domain to another, including from one person's house to another adjacent house. The only exception is transferring to or from a neutral domain. It is also forbidden to transfer an object for a distance of four cubits (approximately two metres or seven feet) within a public domain or karmelit (semi-public domain).

An eruv accomplishes this by symbolically integrating a number of private properties and spaces such as streets and sidewalks into one larger "private domain" by surrounding it with mechitzas, thereby avoiding restrictions on transferring between domains. The term eruv is a shortening of eruv chatzerot, which 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 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 the 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 may be used. Walls may include doors and windows. As such, the wall may even consist of a series of "doorframes" with almost no wall between them. Poles in the ground form the "doorposts" of the doorframe, and rope or wire between the poles forms the "lintel" of the doorframe. In modern cities, it is typical for the majority of an eruv to consist of such doorframes, using utility poles and wires.

Within the walled area, a property transfer is needed to create a shared domain. This is formally effected today by having one resident give some "bread" to another resident to keep, to create joint ownership of food for the whole community. This is usually done by the rabbi of the community to ensure that it is done correctly, and the bread is usually matzah to ensure that it will be edible and usable for a long time.

A typical modern eruv encloses public streets as well as private houses and thus requires agreement from the government authorities controlling those streets. Creating an eruv that involves public property requires permission from a government entity.

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 certain basic necessities to be carried, 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.

There are over 150 community eruvin worldwide, as well as thousands of private ones enclosing only a few homes or linking a synagogue to nearby homes.

The difference between a 'reshut ha-yachid' and a 'reshut ha-rabim'

The terms "reshut ha-yachid" and "reshut ha-rabim" refer to different types of domains or areas, and they play a significant role in understanding Jewish laws, particularly those related to the Sabbath and torts.

"Reshut ha-yachid" translates to a private domain or an area over which an individual has authority. In contrast, "reshut ha-rabim" refers to a public domain that is open and accessible to everyone. These distinctions are essential when considering the permissibility of transferring objects between these domains on the Sabbath.

The primary difference between the two lies in their level of privacy and accessibility. A "reshut ha-yachid" is a private area, typically owned by an individual, while a "reshut ha-rabim" is a public space with no specific ownership, such as an open field or a marketplace. Streets in cities and towns fall into a grey area, and their classification as either a "reshut ha-rabim" or a "carmelit" (semi-public domain) has significant implications for what is permitted on the Sabbath.

The transformation of a "reshut ha-rabim" into a "reshut ha-yachid" is a complex process. For streets to be considered a "reshut ha-yachid," they would need to be enclosed by a fence with doors installed at every entrance, and these doors would need to be closed at night. On the other hand, transforming a "reshut ha-rabim" into a "carmelit" is relatively easier and can be achieved by creating a "tzurat ha-petaḥ" (halakhic doorway) by erecting poles with strings between them.

The distinction between "reshut ha-yachid" and "reshut ha-rabim" also has implications for torts and liability. For instance, the owner of an animal is held liable for any damage it causes in a "reshut ha-yachid" belonging to another person. However, if the damage occurs in a "reshut ha-rabim," the owner is only liable if the animal bites or gores, as they are not expected to cause harm to people in such a public space.

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