Definitions of the Prohibition of Carrying on Shabbat

Definitions of the Prohibition of Carrying on Shabbat

Topics of the Article

In this article we will briefly become familiar with the various concepts and the basic foundations of the prohibition of carrying on Shabbat, and almost every subject in this article will be given a separate article expanding upon it. What is reshut harabim? What is reshut hayachid? What is karmelit? What is makom patur? What is a karpef? Where is an eruv required? And where is an eruv effective? What is prohibited on Shabbat? May one carry within a reshut harabim? When is it forbidden to carry even the slightest amount, and when only four cubits? How may one remove an object from a reshut hayachid or from a reshut harabim on Shabbat? May one transfer from a reshut harabim to a reshut hayachid via a makom patur? May one transfer from one type of karmelit to another, for example from the sea to the shore? And what is the law regarding transfer from a karmelit to a karpef or to a mavoy?

Halachic Definitions of the Places

On Shabbat there is a prohibition to carry in various situations, as we will detail. In order to learn where it is permitted to carry and where it is forbidden, we must first know the halachic definitions of the various places. There are five primary definitions, which are divided into additional categories.

1. “Reshut harabim.” In a place that is halachically defined as a reshut harabim, there are two Torah prohibitions: it is forbidden to carry within a reshut harabim a distance of four cubits [2–2.4 meters, depending on the various opinions], and it is also forbidden to take an object out of or bring an object into the place halachically defined as “reshut hayachid.” A person who violated one of these two matters unintentionally must bring a sin-offering to atone for it; if he did so intentionally, he is liable to karet, or, if there were witnesses who warned him in advance, he is liable to the death penalty. The Sages also forbade bringing in and taking out from a reshut harabim to a “karmelit.” (Shulchan Aruch, Orach Chaim, siman 345, se’if 1; siman 346, se’ifim 1–3; Mishnah Berurah, introduction to siman 345). In a separate article we will define in detail what a reshut harabim is.
2. “Reshut hayachid.” In a place halachically defined as a reshut hayachid, there is a Torah prohibition to bring in and take out from it to a reshut harabim, but there is no prohibition to carry within it. However, in certain circumstances the Sages required an eruv chatzerot or eruv mevo’ot in a reshut hayachid. The Sages also forbade carrying from it to a karmelit or from a karmelit into it without an eruv. (Shulchan Aruch, Orach Chaim, siman 345, se’if 1; siman 346, se’ifim 1–3; Mishnah Berurah, introduction to siman 345). An additional condition for a reshut hayachid in order to permit carrying is that it not be defined as a karpef; see its definition below. In a separate article we will define in detail what a reshut hayachid is. Likewise, in separate articles we will define what an eruv chatzerot is, what an eruv mevo’ot is, when it is required, and how it is made.
3. “Karmelit.” The term karmelit means something that is neither moist nor dry — lukewarm; it is an intermediate state between reshut harabim and reshut hayachid. By Torah law there is no prohibition to carry within it and no prohibition to carry from it to a reshut harabim or to a reshut hayachid, but the Sages forbade both carrying within it and carrying from it to a reshut harabim or a reshut hayachid. (Shulchan Aruch, Orach Chaim, siman 345, se’if 1; siman 346, se’ifim 1–3; Mishnah Berurah, introduction to siman 345). In a separate article we will define in detail what a karmelit is.
4. “Makom patur.” A place defined as a makom patur has no halachic restrictions, and it is permitted ab initio to carry to it both from a reshut hayachid and from a reshut harabim, and from it to these domains. Later we will see which restrictions nevertheless apply to this place. (Shulchan Aruch, Orach Chaim, siman 345, se’if 1; siman 346, se’ifim 1–3; Mishnah Berurah, introduction to siman 345). In a separate article we will define in detail what a makom patur is.
5. “Karpef.” Although in the Gemara and in the Shulchan Aruch four domains are always defined, meaning four places, and a karpef is defined as a reshut hayachid that has different laws, in order to make the concepts easier to understand we have preferred to define “karpef” as a term in its own right. This is because in practice it is forbidden to carry in it, unlike a reshut hayachid in which carrying is permitted. However, one must remember that according to the fundamental law its status is that of a reshut hayachid. The definition of a karpef is a place that, in terms of its partitions, is essentially a reshut hayachid, and is surrounded by partitions, but the partitions were not made for the purpose of dwelling within them, but for another purpose. In addition, the size of the area is greater than 70 cubits and a little more by 70 cubits and a little more [approximately 35 X 35 meters]. When both these conditions exist, one may not carry in that reshut hayachid. In a separate article we will define in detail what a karpef is and what is included in these two conditions.

Eruv

In the following articles we will enter into the details of the subject of eruv, but in principle, in a reshut harabim making an eruv is not effective. In a karmelit, however, an eruv is effective, and after making an eruv one may carry there. In a reshut hayachid there are situations that require an eruv, though not in every case. In any case, an eruv may be made. In this context, the eruv is divided into two types: eruv chatzerot and eruv mevo’ot, as we will explain at length in separate articles.

What Is the Prohibited Act of Carrying Out

The prohibited act of carrying out is divided into two categories:

A. Carrying a distance of four cubits in a reshut harabim, and by rabbinic decree also in a karmelit, a karpef [see its definition], and a place surrounded by only three partitions.

Karpef — a reshut hayachid surrounded by partitions, but the area is larger than beit se’atayim, 70.66 cubits by 70.66 cubits. If the partitions were erected for dwelling [see its definition in a separate article], it is a full-fledged reshut hayachid. But if the partitions were not erected for dwelling, the Sages determined that the place is a karpef and not an ordinary reshut hayachid.

A place surrounded by three partitions — for example, a mavoy [a dead-end street] surrounded by houses but open at the entrance to the street, where no eruv was made to permit carrying in it.

B. Carrying between a reshut hayachid and a reshut harabim, and by rabbinic decree, carrying from a reshut hayachid or reshut harabim to a karmelit, a karpef, or a place surrounded by three partitions, and vice versa.

The Manner of Transferring Between Different Domains

On Shabbat it is forbidden by Torah law to transfer from a reshut hayachid to a reshut harabim or vice versa in the following ways:

1. Ordinary carrying out, where a person lifts the object in his hand from one domain, transfers it by hand, and places it in another domain.
2. Passing: a person standing in one domain lifts the object in that domain and extends it by hand to a person standing in another domain.
3. Throwing: a person standing in one domain throws the object into another domain, where it falls and comes to rest.

Transferring to and from a Karmelit

The Sages forbade transferring from a reshut hayachid or a reshut harabim to a karmelit, or conversely from a karmelit to a reshut hayachid or a reshut harabim. The prohibition applies to all three of the above forms. (Shulchan Aruch, Orach Chaim, siman 346, se’if 1).

Transferring to a Makom Patur

It is permitted ab initio to transfer from any domain to a makom patur, and likewise conversely from a makom patur to any other place, provided that the object does not pass between two different domains. For example, a narrow railing that is less than four handbreadths wide and is located at the edge of a reshut harabim: it is permitted to place objects on it from the reshut harabim, from the reshut hayachid, and from a karmelit. It is likewise permitted to take an object placed there into any of these domains. However, if the railing is not at the edge of the reshut harabim, and there is a small distance between it and the end of the reshut harabim, a person standing in a reshut hayachid may not transfer an object over the reshut harabim and place it on the narrow railing, or take something from there to himself, because he is transferring it over a reshut harabim. Although by Torah law he is exempt, since he did not place it in the reshut harabim but merely passed it over it [see below regarding the need for akirah and hanachah — lifting and placing]. (Shulchan Aruch, Orach Chaim, siman 346, se’if 1).

However, it is forbidden for a person to take an object from a reshut hayachid and place it in a makom patur, and then lift it again and place it in a reshut harabim. Although by Torah law there is no prohibition in this, the Sages forbade it lest he transfer it without the stopover. (Shulchan Aruch, Orach Chaim, siman 346, se’if 1).

If a person wishes to take an object from a reshut harabim or a reshut hayachid to a karmelit, or vice versa, and there is a narrow railing that is a makom patur between them, opinions differ as to whether it is permitted to place it on the railing and then lift it again and transfer it to the other domain, or whether even in these places the matter is prohibited. (Shulchan Aruch, Orach Chaim, siman 346, se’if 1).

In a case where a person stands over a makom patur, takes from the hands of someone extending it to him from a reshut hayachid or a reshut harabim, and passes it directly from hand to hand to a person standing in a karmelit, without the object pausing at all in the makom patur, the Mishnah Berurah (siman 346, Sha’ar HaTziyun, se’if katan 7–8) writes that the Rishonim disagree whether those who permit also permitted in this manner. However, in a case where one person transfers it over a makom patur and it does not pause there, even according to those who permit, there is no allowance for this.

Transfer Between a Karmelit and a Karpef or Mavoy

The Sages permitted carrying between all types of karmelit and places where carrying is forbidden rabbinically. Therefore, although aside from karmelit we find two other places that by Torah law are reshut hayachid, but the Sages forbade carrying there — a karpef and a place surrounded by three partitions — since by Torah law they are reshut hayachid, the Sages permitted carrying from them to a karmelit, or from a karmelit to them, or from a karpef to a place surrounded by three partitions and vice versa. (Shulchan Aruch, Orach Chaim, siman 346, se’if 3; Biur Halachah there, s.v. “u’mutar”).

Similarly, it is permitted to carry from the sea to an open shore [which is neither a reshut hayachid nor a reshut harabim], although they are two different types of karmelit. (Shulchan Aruch, Orach Chaim, siman 346, se’if 2).

Shulchan Aruch (Orach Chaim, simanim 345–346).