הוצאה מרשות לרשות

The mishna lists items that a woman may or may not carry into, or wear in the public domain on Shabbat. This depends the particular object is considered an ornament, which she may wear, or merely a burden for the woman, which she may not. Even if it is considered an ornament, there is still concern that she might remove it and carry it in her hand in the public domain, which is prohibited by Torah law.

With what items may a woman go out into the public domain on Shabbat and with what items may she not go out?A woman may neither go out with strings of wool, nor with strings of flax, nor with strips of any other materials that a woman braids in the hair of her head. And a woman may not immerse in a ritual bath with them in her hair until she loosens them. When the strings or strips are tight, the water cannot reach her hair unobstructed, invalidating her immersion. And, likewise, a woman may neither go out with the ornament called totefet, nor with sarvitin that are not sewn into her head covering, nor with a kavul into the public domain.And, likewise, a woman may neither go out with a city of gold ornament, nor with a katla ornament, nor with nose rings, nor with a ring that has no seal on it, nor with a needle that is not perforated, which are merely for decorative purposes. And if she unwittingly went out wearing any of these, she is not liable to bring a sin-offering. According to Torah law, a woman is permitted to go out into the public domain wearing ornaments. However, the Sages decreed that a woman may not go out wearing certain ornaments, lest she remove them to show them to another and inadvertently carry them four cubits in the public domain. A man may not go out on Shabbat with a spiked sandal, as will be explained in the Gemara. And he may not go out with a single sandal when there is no wound on his foot. And he may neither go out with phylacteries, nor with an amulet when it is not from an expert, but rather it was written by someone who has not established a reputation as an expert in writing amulets that are effective for those who carry them. And he may neither go out with shiryon, nor with a kasda, nor with maggafayim. These terms will be explained in the Gemara. And if he went out into the public domain with any of these, he is not liable to bring a sin-offering.A woman may neither go out to the public domain with a perforated needle, i.e., a standard needle with an eye, nor with a ring that has a seal on it, nor with a kulyar, nor with a kovelet, the identity of which will be discussed in the Gemara, nor with a flask of balsam oil.And if she did go out into the public domain, she is liable to bring a sin-offering; this is the statement of Rabbi Meir, who holds that in doing so she violated the Torah prohibition of carrying a burden in the public domain on Shabbat. And the Rabbis exempt one who goes out on Shabbat with a kovelet and with a flask of balsam oil. In their opinion, these are ornaments, and therefore they do not fundamentally violate the Torah prohibition of carrying in the public domain on Shabbat. Just as it is prohibited for a woman to carry out certain items unique to a woman into the public domain, the Sages said that a man may neither go out on Shabbat with a sword, nor with a bow, nor with a shield [teris], nor with an alla, nor with a spear. And if he unwittingly went out with one of these weapons to the public domain he is liable to bring a sin-offering.Rabbi Eliezer says: These weapons are ornaments for him; just as a man is permitted to go out into the public domain with other ornaments, he is permitted to go out with weapons. And the Rabbis say: They are nothing other than reprehensible and in the future they will be eliminated, as it is written: “And they shall beat their swords into plowshares and their spears into pruning hooks; nation will not raise sword against nation, neither will they learn war anymore” (Isaiah 2:4). With regard to women’s ornaments, they added that a garter placed on her leg to hold up stockings is pure and cannot become ritually impure as a utensil, and she may even go out with it on Shabbat. However, ankle chains, which were also women’s ornaments, can become ritually impure, and she may not go out with them on Shabbat. The mishna continues to discuss those items with which it is permitted to go out and those items with which it is prohibited to go out on Shabbat. A woman may go out with strands of hair that she put on her head, whether they are from her own hair that she made into a wig, or whether they are from the hair of another, or whether they are from the hair of an animal.And a woman may go out with an ornament called totefet, and with sarvitin when they are sewn and will not fall. She may go out on Shabbat with a woolen cap or with a wig to the courtyard, although not to the public domain. And likewise she may go out with a cloth that is in her ear, and with a cloth in her sandal, and with a cloth that she placed due to her menstrual status. She may go out on Shabbat with pepper, or with a grain of salt, or anything placed in her mouth for healing or for preventing bad odor, as long as she does not put these objects in her mouth for the first time on Shabbat. And if it fell out she may not replace it.A false tooth as well as (Ramban) a gold tooth, Rabbi Yehuda HaNasi permits going out with it, and the Rabbis prohibit doing so. A woman may go out with a sela coin that she ties on a wound on her foot. The young girls may go out with strings, and even with wood chips that are in the holes in their ears so that the holes will not seal. Young girls would have their ears pierced, but earrings were not placed in their ears until they were older. Jewish women in Arab countries may go out veiled, with a scarf covering their face, and Jewish women in Media may go out with cloaks fastened with stones. And, any person in any place is permitted to go out on Shabbat clothed in that way; however, the Sages spoke in the present, addressing prevalent situations. A woman may fasten her cloak on a stone by inserting a small stone and wrapping her cloak around it, as she would with a button. And likewise, she may do so on a nut or on a coin, as long as she does not fasten her cloak with them on Shabbat ab initio.One with an amputated leg may go out on Shabbat with his wooden leg, as it has the legal status of a shoe; this is the statement of Rabbi Meir.And Rabbi Yosei prohibits going out into the public domain with the wooden leg, since he does not consider it to have the legal status of a shoe. And if the wooden leg has a receptacle for pads, a concave space at the top of the leg into which pads are placed to cushion the amputated leg, it assumes the status of a wooden vessel and can become ritually impure. And his supports, which are shoes that one who had both of his feet amputated places on his knees in order to walk on his knees, if a zav wears them, they are subject to ritual impurity imparted by treading. A zav is a primary source of ritual impurity. If he touches a vessel it assumes first-degree ritual impurity status. However, vessels on which he treads, sits, lies, or leans become primary sources of ritual impurity, provided they are designated for that purpose. These supports are vessels designated for treading. And one may go out with them into the public domain on Shabbat since they have the legal status of shoes. And one may enter the Temple courtyard with them. Although, generally, wearing shoes in the Temple courtyard is prohibited, in this regard, the supports do not have the legal status of shoes. However, if one who is crippled to the extent that he cannot walk at all sits on a chair that is attached to him, places supports on his hands, and propels himself along with his hands, his chair and supports are subject to ritual impurity imparted by treading. And one may not go out with them on Shabbat, and one may not enter the Temple courtyard with them.Loketamin, which will be explained in the Gemara, are ritually pure in the sense that they cannot become ritually impure because they are not vessels, and one may not go out with them on Shabbat. Young boys may go out on Shabbat with knots as a folk remedy and princes with bells. And any person is permitted to go out on Shabbat with those objects; however, the Sages spoke in the present, addressing situations that were prevalent. One may go out on Shabbat with a locust egg, and with a fox tooth, and with a nail from the crucified, for the purpose of healing; this is the statement of Rabbi Meir. The Rabbis prohibit using these remedies even during the week, due to the prohibition of following the ways of the Amorite. These are superstitious beliefs and the customs of gentiles from which one must distance oneself.

And they stated an additional principle with regard to the halakhot of Shabbat. Anything fit to store, in the sense that it is large enough to make it worthwhile to store for future use, and people typically store items like it, and one carried it out into a prohibited domain on Shabbat, he is liable to bring a sin-offering for that action. And anything not fit to store and people typically do not store items like it, since it is too insignificant to warrant storage, and one carried it out on Shabbat, only the one who stores it is liable. By storing the item, one indicates that the item is significant to him, even though it is not significant for the typical person. Therefore, he alone is liable for carrying it out into a prohibited domain.

One who stores a seed for sowing, or as a sample, or for medicinal purposes and carried it out on Shabbat is liable for carrying out any amount. By storing that measure, he indicates that it is significant to him. Therefore, he is liable for carrying it, despite the fact that what he carried out is less than the halakhic measure that determines liability for that item. And any other person is only liable for carrying it out on Shabbat if he carries out its measure for liability. If one stored the seed, carried it out, and then brought it back in, with no intention to utilize it for the specific purpose for which he stored it, he is only liable if he brought in its measure for liability (Rav Shmuel Strashun). One who carries out food from his house on Shabbat and placed it on the threshold of the door, whether he then carried it out from the threshold into the public domain or another person carried it out, he is exempt because he did not perform his prohibited labor of carrying from domain to domain all at once. Similarly, if one placed a basket that is full of fruit on the outer threshold, which is in the public domain, and part of the basket remained inside, even though most of the fruit is outside in the public domain, he is exempt until he carries out the entire basket.One who carries out an object into the public domain on Shabbat, whether he carried it out in his right hand or in his left hand, whether he carried it in his lap or on his shoulders, he is liable. All of these are typical methods of carrying out an object, as this was the method of carrying the sacred vessels of the Tabernacle employed by the sons of Kehat in the desert. All labors prohibited on Shabbat are derived from the Tabernacle, including the prohibited labor of carrying out from domain to domain. But one who carries an object out in an unusual, backhanded manner, or with his foot, or with his mouth, or with his elbow, with his ear, or with his hair, or with his belt [punda] whose opening faced downward, or between his belt and his cloak, or with the hem of his cloak, or with his shoe, or with his sandal, he is exempt because he did not carry it out in a manner typical of those who carry.One who intends to carry out an object with the object before him, and as he was walking the object came to be carried behind him, is exempt. However, if he intended to carry it out behind him and it came to be carried before him, he is liable. In truth they said: A woman who girded herself in a pants-like sinar worn beneath the outer garments, whether she placed an object before her or behind her, and it came to be carried on the other side, she is liable, as it is common for the sinarto be reversed. Rabbi Yehuda says: Even those royal couriers, who receive notes [pittakin], carry those notes in their belts, and are not particular where on their belt they carry the notes (Rav Hai Gaon), are liable for carrying out the notes whether they carried them before them or behind them. One who carries a large mass out to the public domain on Shabbat is liable. If two carried it out together, they are exempt because neither performed a complete prohibited labor. However, if one person is unable to carry it out alone, and therefore two people carried it out, they are liable. And Rabbi Shimon deems them exempt even in that case. One who carries out foods less than the measure that determines liability for carrying out food in a vessel on Shabbat is exempt, even for carrying out the vessel, because the vessel is secondary to the food inside it. Since one is not liable for carrying out the food, he is not liable for carrying out the vessel either. Similarly, one who carries out a living person on a bed is exempt, even for carrying out the bed, because the bed is secondary to the person. One who carries out a corpse on a bed is liable. And similarly, one who carries out an olive-bulk of a corpse, or an olive-bulk of an animal carcass, or a lentil-bulk of a creeping animal, which are the minimal measures of these items that transmit ritual impurity, is liable. And Rabbi Shimon deems him exempt. He holds that one is only liable for performing a prohibited labor for its own sake. One who carries out an object in order to bring it to its destination is liable. However, people carry out a corpse or an animal carcass only to be rid of them.

One who throws an object on Shabbat from the private domain to the public domain or from the public domain to the private domain is liable. However, one who throws an object from the private domain to the other private domain, and the object passes through the public domain between the two, Rabbi Akiva deems him liable for carrying into the public domain, and the Rabbis deem him exempt.How so? If there are two balconies [gezuztra’ot] that are private domains opposite each other on either side of the public domain, one who passes or throws an object from the one on this side to the one on that side is exempt. However, if the balconies were on the same level on the same side of the public thoroughfare, and the public domain separated the two, one who passes from one to the other is liable, and one who throws is exempt, as that method, passing, was the service of the Levites who carried the beams of the Tabernacle. In the Tabernacle, two wagons along the same level stood behind one another in the public domain, and the Levites passed the beams from one wagon to the other through the public domain on the same side of a thoroughfare. But they did not throw from one wagon to another because the beams were heavy. Passing, which was performed in the Tabernacle, is prohibited. Throwing, which was not performed in the Tabernacle, is not prohibited. With regard to the bank surrounding a pit and the boulder that are ten handbreadths high and four handbreadths wide, one who takes an object from them to the public domain and similarly one who places an object from the public domain atop them is liable for carrying from one domain to another. If the height or width of the pit or the boulder is less than that height, ten handbreadths, one is exempt because the legal status of those protrusions is not distinct from that of the surrounding public domain. With regard to one who throws an object four cubits in the public domain, if the object hits the wall above ten handbreadths from the ground, which is an exempt domain, it is as if one threw it in the air, and he is exempt. If it hits the wall below ten handbreadths from the ground, it is as if he threw it and it landed on the ground, and one who throws an object four cubits and it lands on the ground is liable. If one threw an object in the public domain, intending for it to land within four cubits, meaning that he had no intention of violating the Torah prohibition of carrying, and the object rolled and went beyond four cubits, he is exempt. However, if one threw an object with the intention of it landing beyond four cubits, and the object rolled back within four cubits, he is liable from when he originally threw the object. One who throws an object four cubits into the sea is exempt. If there was a swamp and the public domain passes through it, one who throws an object four cubits into it is liable like one who carried four cubits in the public domain. And how deep is this swamp? It is less than ten handbreadths deep. In the case of a swamp that the public domain passes through, one who throws an object four cubits into the swamp is liable.One who throws an object from the sea to dry land, or from dry land to the sea, or from the sea onto a boat, or from a boat into the sea, or from one boat to another is exempt because the sea has the legal status of a karmelit. If boats are tied together, one may carry an object from one to the other on Shabbat. However, if they are not tied, even though they are adjacent, one may not carry from one to the other.One who unwittingly throws an object from one domain to another or one who throws an object four cubits within the public domain, and after the object left his hand he remembered that he is in violation of a prohibition, if another caught it, or if a dog caught it, or if it was burned, he is exempt. Similarly, if one threw a rock on Shabbat to inflict a wound on a person or on an animal, for which one is liable to bring a sin-offering, and he remembered that he was in violation of a prohibition before the wound was inflicted, he is exempt. This is the principle: All who are liable to bring sin-offerings are only liable if the beginning of their action and the conclusion of their action are unwitting. However, if the beginning of one’s action was unwitting and the conclusion was intentional, as he became aware that he was in violation of a prohibition, or if the beginning of one’s action was intentional and the conclusion was unwitting, the individuals in both of these cases are exempt until both the beginning and the conclusion are unwitting.

(6) For this very reason, [our Sages] did not forbid transferring articles on a holiday, although the transfer of all [articles] is a task that could be performed before the holiday.
Why was this not forbidden? To increase our festive joy, so that a person can send and bring anything he desires, and thus fulfill his wants, and not feel like someone whose hands are tied. With regard to other labors that are possible to be performed on the day before the holiday, since they involve [prolonged] activity, they should not be performed on a holiday.

Others maintain that since the camp of the Israelites in the desert consisted of 600,000 men, all of whom needed to walk to the Mishkan in order to help build it and to hear the Torah taught by our teacher Moshe, the Kohanim, and the Levi’im, it follows that a reshut ha-rabim is defined as a road or marketplace that is at least sixteen amot wide, and through which 600,000 people pass daily. If fewer people traverse it daily, it is considered a karmelit. This is the opinion of Behag, Rashi, Smag, Rosh, and many others. Within this position, there is an additional debate. Some maintain that an area still qualifies as a reshut ha-rabim even if it is not used by 600,000 daily, but only frequently or even just occasionally. For in the desert, not all the men traveled on the path to the Mishkan every day. In practice, only in megacities such as New York City and Mexico City are there streets traversed by 600,000 people every day. Even most big cities do not have that many people passing through daily. Thus according to this opinion, most streets are not considered a reshut ha-rabim but rather a karmelit. Therefore, carrying there on Shabbat can be permitted with an eruv of the tzurat ha-petaḥ type. According to this opinion, today the streets considered a reshut ha-rabim by Torah law are mainly intercity highways. Since these roads are meant to serve everybody, and their use is not limited to people of one city alone, they are considered reshut ha-rabim even if fewer than 600,000 people pass through each day.

An eruv has two components, one pertaining to the area that will be transformed into a private domain, and the other relating to the people who will live within the eruv’s boundaries. In order to define the area as a single private domain, it must be enclosed by a fence. However, this is not enough. The people who live within the area must also establish a partnership with one another. This is done by means of two meals worth of food that is owned collectively by everyone and from which anyone may partake. This communal food is called an eruv (literally “merging”) because it merges or joins together all the homes and yards, turning them into a single private domain. Nevertheless, it has become commonplace to call the enclosure itself an eruv as well, and we follow this convention.

Eruvin / Tzurat Ha-petaĥ We have learned (21:8-9) that according to most poskim, today’s streets are considered a karmelit. Thus, to permit carrying in the streets, it is sufficient to surround them with structures resembling doorways (tzurot ha-petaḥ), which form a kind of wall around them. The basic form of a doorway is comprised of two doorposts with a lintel atop them. A lintel can be formed by laying a board across the top of two posts or running a string above the posts. The main requirement for a tzurat ha-petaḥ is for the posts on the sides and the string or wire above them to be configured like a doorway. Since the lowest doorway is ten tefaḥim high, the poles of a tzurat ha-petaḥ must be at least that high to be considered valid for an eruv. The wire extended above them must also be at least ten tefaḥim above the ground. Accordingly, if any part of the wire droops lower than that, the entire area between the poles is considered breached, since there is no actual doorway in which any part of the lintel is lower than ten tefaḥim. And if the poles are more than ten amot (4.56 m) away from one another, the entire eruv is disqualified, as a breach of ten amot disqualifies an eruv.