What Is Included in the Prohibition of Writing?

The Prohibition of Writing on Shabbat — Part 2

What Is Included in the Prohibition of Writing?

Topics of the Article

What is the prohibition of “writing”? Is writing forbidden in handwriting? In print letters? In a foreign language? Writing on a leaf or on a non-durable material? Writing with non-durable ink? Writing with a pencil? Writing on thermal paper? Scribbling on a table with liquid or ashes? Writing on condensation on a window? If a person found an error in a book, may he mark it by scratching the page with his fingernail? May one scratch with a fingernail to mark where one is holding in a book? Writing whose purpose is to fill a contract so that no empty space remains? Writing on skin? How did “that man” (Jesus) take sorcery out of Egypt? And does this have significance for the laws of Shabbat? Marking without color? Drawing pictures on Shabbat? Ruling lines on Shabbat? Marking a place for an exact cut on Shabbat?

What Is Writing Forbidden by the Torah?

By Torah law, it is forbidden to write with any substance that leaves a written mark for an extended time, when it is written on a material that lasts for an extended time. Therefore, writing with a pen, pencil, chalk, and the like — whether on a sheet of paper, parchment, and the like, or on wood, a building wall, a utensil, and so forth — in any case in which the writing is durable and remains for a long time, is forbidden by the Torah.

However, if a person wrote with fruit juice that does not last long, or wrote on a leaf, Formica, and the like, so that the writing quickly erases by itself and is not durable, this is forbidden only rabbinically. (Mishnah Berurah, siman 340, se’if katan 22, rule 1).

In the time of the Mishnah Berurah, pencil writing did not endure for years, but it did last for a certain period. Merchants therefore used to mark their accounts in pencil until the final balance was prepared. In our times this is common in writing on thermal paper and the like: it fades and erases over time, but it certainly remains for a period [especially when not exposed to the sun]. The Mishnah Berurah (Biur Halachah, siman 340, se’if 4, s.v. “bemashkin”) discusses whether such a thing is considered writing that endures, and in his conclusion states that these too are considered enduring writing with regard to Shabbat; only when the writing truly fades very quickly is one exempt from a chatat offering.

A person who writes on food is liable, provided the food is durable and the writing does not erase by itself for some time, even though the food is intended to be eaten. (Mishnah Berurah, Biur Halachah, siman 340, se’if 4, s.v. “bemashkin”).

Likewise, a person who writes on congealed blood or congealed fat is liable by Torah law. (Mishnah Berurah, siman 340, se’if katan 20).

If a person wrote in a durable manner, but intends to erase or burn the writing immediately after Shabbat, nevertheless it is considered writing for a period of time, because the writing itself can last for a long time, and this is forbidden by the Torah. (Chazon Ish, Orach Chaim, siman 61, se’if katan 1).

The forbidden writing includes every script: whether STAM script, used for writing a Torah scroll, or printed letters, handwriting, a foreign language, and even writing numbers. (Mishnah Berurah, siman 340, se’if katan 22, rule 5; Biur Halachah, siman 306, se’if 11).

Temporary Writing

As stated, writing is forbidden by Torah law only if written with durable ink and on a durable surface. However, the Sages prohibited even very temporary writing. For example, on a window covered with condensation it is rabbinically forbidden to write, or to erase writing written on it, even though the writing is destined to be erased very soon. (Mishnah Berurah, siman 340, se’if katan 20). Similarly, it is rabbinically forbidden to write on a table with one’s finger dipped in any liquid or in ashes, even though the writing will be erased quickly. (Shulchan Aruch, Orach Chaim, siman 340, se’if 4). It is rabbinically forbidden even to write on a vegetable leaf and the like, where neither the writing nor the place on which it is written is fit to endure. (Mishnah Berurah, siman 340, se’if katan 20).

Marking with a Fingernail

Question: A person read a book on Shabbat and wants to mark where he reached. For this purpose he wants to scratch a slight mark with his fingernail on the page he is holding. The question is: is this permitted on Shabbat?

Answer: The Shulchan Aruch (Orach Chaim, siman 340, se’if 5) permitted marking with a fingernail in a book when the mark has no meaning other than as a sign — for example, to mark the place where he is, or to indicate that there is an error in the book. However, the Mishnah Berurah (se’if katan 24; se’if katan 25) writes that even according to the Shulchan Aruch, the permission applies only when a meaningless line is made, but it is forbidden to mark any letter. In addition, the permission applies only when the line does not last for any length of time, such as scratching with a fingernail on parchment. But on our paper, a fingernail scratch lasts somewhat; and scratching parchment with a sharp instrument, or scratching wood or stone with a sharp instrument in a way that lasts for a period, is forbidden even though it is a meaningless mark. [See Biur Halachah (siman 340, se’if 5, s.v. “kemo”), which cites opinions that are lenient even regarding marking a letter with a fingernail when it does not endure, and not only regarding marking a meaningless line].

However, in practical Halachah, the Mishnah Berurah (siman 340, se’if katan 23; Biur Halachah, siman 340, se’if 5, s.v. “bemashkin”) writes that later authorities disputed this ruling and hold that even a mark that is visible for some time should not be permitted. Therefore, it is proper to be stringent and refrain in all cases from marking with one’s fingernail in a book on Shabbat.

Regarding a person who marks an error in a book, the Pri Megadim (Mishbetzot Zahav, siman 340, se’if katan 4) maintains that he is liable, for there is a correction accomplished through his marking. However, the Mishnah Berurah (Biur Halachah, siman 340, se’if 5, s.v. “lirshom”) rules that if he merely marks the location of the error, the act is prohibited only rabbinically. But if he erases the incorrect letter through the mark made with his fingernail, he is indeed liable.

Writing in the Air

Question: A person who wants to practice writing — may he on Shabbat practice writing letters by moving his hand and forming the letter as if he were holding a pen?

Answer: The Rema (siman 340, se’if 4) permitted making shapes like letters with one’s hands in the air, and the Mishnah Berurah (se’if katan 22) added that it is also permitted to write with one’s finger on a page in a manner that leaves no mark whatsoever on the page. The Mishnah Berurah (se’if katan 21) explains that the intention is to communicate with one’s friend by having the friend see the shape of the letter that one is as if drawing in the air; the novelty is that we do not say this is forbidden because it appears as though one is practicing on Shabbat to perform something forbidden on Shabbat.

Similarly, the Mishnah Berurah (ibid.) writes that if a person sees a non-Jewish craftsman doing labor on Shabbat, he may observe on Shabbat how he performs the work and learn the technique.

However, the Mishnah Berurah (ibid.) adds that there are two conditions for permitting this: first, the Jew must not speak about it with the craftsman, nor ask him for instruction, for example, because there is a prohibition on Shabbat against speaking about the performance of forbidden labors. Second, the permission applies only when it happened incidentally — for example, while walking on the road he happened upon the craftsman engaged in his work. But it is forbidden to intentionally go to the non-Jew’s house or place of business to observe how he does it, because it says (Yeshayahu 58:13): “אִם תָּשִׁיב מִשַּׁבָּת רַגְלֶךָ עֲשׂוֹת חֲפָצֶיךָ בְּיוֹם קָדְשִׁי וְקָרָאתָ לַשַּׁבָּת עֹנֶג לִקְדוֹשׁ ה' מְכֻבָּד וְכִבַּדְתּוֹ מֵעֲשׂוֹת דְּרָכֶיךָ מִמְּצוֹא חֶפְצְךָ וְדַבֵּר דָּבָר” — “If you restrain your foot because of Shabbat, from pursuing your affairs on My holy day, and call Shabbat a delight, the holy day of the Lord honorable, and honor it by not doing your ways, nor pursuing your affairs, nor speaking of them.” From here we learn that one may not engage in or speak on Shabbat about matters of forbidden labors.

From this we learn that one also may not train regularly on Shabbat to perform a labor forbidden on Shabbat, even if in the practice he is only moving his hands “as if.” Therefore, if a person wants to show his friend something and incidentally writes in the air, there is no problem, even if he feels that it trains his hands for proper writing. But if a person practices writing on Shabbat, even though the practice consists only of the movements without a pen, this is forbidden because of “mimtzo cheftzecha” — pursuing one’s weekday affairs.

Writing in Order to Fill the Page

Question : A person saw that at the bottom of a contract there was an empty line, and he did not want various sentences to be added there. Therefore he wrote a few more words there to fill the page, although he has no benefit from these words, and his intention is only to ensure that no empty space remains on the page. Or perhaps he is liable because he wrote two letters?

Answer: This person is liable to bring a chatat offering, because in practice he wrote two letters and had a purpose in writing. Since in writing, the melachah relates not to the written page but to the act of writing itself — unlike erasing, where the melachah is creating space on the page that can be written on again — therefore a person who writes only so that the page will not be empty is liable. (Mishnah Berurah, siman 340, se’if katan 22, rule 7).

Drawing Pictures on Shabbat

In all the labors of Shabbat, there are acts that were performed in the Mishkan and are called a melachah, and there are similar acts that are forbidden by the Torah and for which one is liable to bring a chatat; these are called a toladah.

A toladah of writing is drawing pictures in the manner that artists do. Therefore, a person who drew a picture is liable for writing. (Mishnah Berurah, siman 340, se’if katan 22, rule 8). This is provided that the drawing or sketch was made with color; regarding an outline or incision without color, there is a dispute whether one is liable. (Mishnah Berurah, siman 340, se’if katan 22, rule 2; Nishmat Adam, rule 38, se’if katan 3). However, if a person drew a picture with a pen or pencil, and afterward another artist colored the pictures with the appropriate colors, both are liable: the first for writing, and the second for the labor of dyeing/coloring. Although the drawing in pen or pencil is not complete and he intends to complete it with color, the outline and preparation for coloring already create liability. (Mishnah Berurah, Biur Halachah, siman 340, se’if 4, s.v. “bemashkin”).

A utensil on which it is customary to draw a picture — even if one made only part of the picture — creates liability for makeh bepatish, “striking the final hammer blow”: any completion of the making of a utensil and the like is called makeh bepatish. Since it is customary to decorate the utensil before use, illustrating it is considered the final action before use of the utensil. (Mishnah Berurah, siman 340, se’if katan 22, rule 8).

A person who wants to correct a picture or some writing, and therefore erases the part that requires correction, is liable under a derivative of the melachah of erasing. (Mishnah Berurah, siman 340, se’if katan 22, rule 8).

Writing on Skin

A person who writes with a pen on the skin of his body — even though over time the writing erases by itself because of the warmth of the skin, perspiration, and the turnover of skin cells — nevertheless, since the writing can remain for some time, this involves a Torah prohibition. (Mishnah Berurah, siman 340, se’if katan 22, rule 2).

However, a person who scratches his flesh by wounding the skin in the shape of the desired writing is exempt, because this is not the normal way of writing, and Torah liability applies only to writing done in its usual manner. Nevertheless, it is rabbinically forbidden. (Mishnah Berurah, siman 340, se’if katan 22, rule 2).

The Gemara (Shabbat 104b, in uncensored editions) relates that “that man” (Jesus) learned sorcery in Egypt, but the Egyptians did not permit any written material containing the rules of sorcery to be taken out of Egypt, in order to retain exclusivity over it. Therefore he wrote it on his flesh by making scratches in the skin, and in this way he smuggled the words of sorcery out of Egypt. [Apparently, the Egyptians were careful that no writing implement be present, but a knife was within his reach; therefore, although he could not write on his flesh, he succeeded in scratching the codes and rules of sorcery onto his flesh].

The Gemara states that Rabbi Eliezer wished to derive from this that in a case of need it is the way to write by means of scratches in the flesh, and therefore a person who scratches writing onto his flesh is liable. However, the Sages determined that “that man” was a fool, and that this is not the way of writing for a normal person; therefore it is prohibited only rabbinically, and this is the Halachah.

A person who cuts leather in the shape of a letter is liable for writing. However, if he uses a sharp knife to scratch onto leather the pattern of writing in order to cut it afterward, but the marking is without color, he is exempt, though it is rabbinically forbidden. Some say the opposite: cutting in the shape of a letter is rabbinic, whereas scratching the pattern in order to cut it renders one liable for writing. (Mishnah Berurah, siman 340, se’if katan 22, rule 2; Nishmat Adam, rule 38, se’if katan 3).

Ruling Lines

Another labor on Shabbat is mesartet, ruling a line. Although in the Mishnah (Shabbat 73a), which lists the 39 melachot, it is not mentioned, the Gemara (Shabbat 75b) asks why the Mishnah counted among the 39 melachot both tanning leather and salting leather, since salting is itself a form of tanning leather. The Gemara answers that one should read in the Mishnah only “tanning,” but add to the count of labors in the Mishnah also mesartet, one who rules lines. Likewise, the Rambam (Shabbat 7:1) lists as Halachah the 39 melachot together with tanning leather [without salting leather] and ruling lines on leather.

The labor of ruling lines is incising a straight line in leather so that the writer can write straight above the ruling, as is done in Torah scrolls, for example: an observer can notice that the writing is done above straight lines ruled by light incisions in the parchment. Similarly, a person who marks a straight line on blank paper with a pencil in order to erase the line after writing, or even one who rules a straight line with a pen intending that the line remain after the writing, is liable.

In our times, ruling lines is common among parchment sellers and STAM scribes, because there is a halachah that one may not write a Torah scroll without ruling lines. It also sometimes occurs that a person writing on unlined stationery uses a ruler and a sharp implement to make a small, fine line so that he will write straight. This is a full-fledged melachah: if a person ruled even the smallest line sufficient for writing two letters, if done inadvertently he is liable to bring a chatat, and if done intentionally he is liable to death. (Mishnah Berurah, siman 340, end of se’if katan 22).

Another example, more common today, is a person who rules a line in order to cut an object precisely. One is liable even for this kind of ruling: for example, a person who wants to saw wood, and therefore marks an exact line with a ruler and pen, intending the next day to go over it with a saw; or a woman who marks a pattern on fabric with chalk, intending the next day to cut the fabric and sew the garment. (Mishnah Berurah, siman 340, end of se’if katan 22).

Shulchan Aruch and Rema (Orach Chaim, siman 340, se’ifim 3–4–5).