Bringing Back Home a Long Object That Has Partly Rolled into the Street [a Sheet, Megillat Esther, and More]

Bringing Back Home a Long Object That Has Partly Rolled into the Street [a Sheet, Megillat Esther, and More]

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This article deals with the question of whether an object that is partly located in another domain—for example, in the public domain—while part of it remains in the hand of a person standing in a different domain—for example, in a private domain—may be pulled entirely back to him. This is a common question, such as when a person is standing on a balcony and a roll of paper, or even a Megillat Esther, was blown by the wind and is partly in the street. When a person is holding a sheet in his hand and part of it has blown out of the window into the street, may he pull it back to himself? What is the Torah law? What is the rabbinic law? And why did the Sages prohibit this in certain situations? Do they permit it because of the disgrace of sacred writings, for example in the case of Megillat Esther? And when do they not permit it? Is there a difference between the object partly resting on the street ground and the entire object being suspended in the air?

Question: A person is at home holding the edge of a sheet, and most of it flew out through the window into the street. May he bring it back home? A similar question: a person was reading Megillat Esther on Shabbat on a balcony, and the megillah partly slipped from his hand, with most of it now in the street. What should he do?

The Prohibition of Pulling an Object Back into One’s Domain

A person standing in a private domain has a long object, such as a rolled book like a Torah scroll, or a long sheet, or any similar long object, and one side became released and rolled into the public domain. According to Torah law, he may pull it back to himself, since there is neither an act of lifting from its place nor placing down. However, since the Sages were concerned that if the entire object were to fall from his hand, he might pull the object to himself, the Sages prohibited pulling the object back to himself. (Shulchan Aruch, Orach Chaim 352:1–2; Mishnah Berurah 9). [The law is similar when one is in the public domain and the object rolled into a private domain].

What Is the Law from a Courtyard or House to a Street That Is a Karmelit?

However, if a person was standing in a private domain and the object fell into a karmelit, the Rema’s opinion is that it is forbidden to pull it back to himself. Yet the Mishnah Berurah writes that the later authorities permitted it as long as the edge remains in his hand. Nevertheless, the Mishnah Berurah writes that in this case, regarding our streets, about which there is a dispute whether they are a karmelit or a public domain, one should be stringent and should not rely on those who are lenient. (Rema, Orach Chaim 352:1; Mishnah Berurah 10).

One Who Is in a Karmelit and the Object Fell into the Public Domain

However, if a person was standing in a karmelit and the object fell into the public domain, according to all opinions there is a prohibition. For even if we would not decree out of concern that he might bring it from the public domain into a karmelit—since even if he brings it into a karmelit, this is only a rabbinic prohibition—nevertheless there is a prohibition due to the concern that it may fall completely from his hand, move a distance of four cubits in the public domain, and he will pull it to himself, thereby carrying it four cubits in the public domain. (Mishnah Berurah 10; Sha’ar HaTziyun 5).

The Cases in Which the Sages Permitted the Prohibition

However, the Sages permitted it in the following cases:

A. A person who is reading sacred writings, such as a Torah scroll, Megillat Esther, and the like, and the book rolled into a place where many people tread, so that it would be a very great disgrace to leave the book in that state—the Sages permitted him to roll the book back to himself in order to prevent the disgrace of sacred writings. This permission applies even if he is standing in a private domain and the book rolled more than four cubits into the public domain, as long as he is still holding one end of the book. (Shulchan Aruch and Rema, Orach Chaim 352:1; Mishnah Berurah 2).

However, if the entire book fell from his hand, even if the other end of the book is in a karmelit, it is forbidden to bring it back to himself, even though it is a place where many tread and there is great disgrace to sacred writings. (Mishnah Berurah 5).

B. If a person is standing in a high place, and one end of the object became released and rolled into the other domain, but it has not yet touched the floor of the other domain—even if there is only a minimal distance between it and the floor—in such a case the Sages did not issue their decree. (Shulchan Aruch and Rema, Orach Chaim 352:2; Mishnah Berurah 3 and 15). But if the object rests on a wide projection extending from the wall adjacent to the public domain, its status is like touching the floor. (Sha’ar HaTziyun 10). However, if the projection is not four handbreadths wide, it is a makom patur, and one may pull it back to himself. (Biur Halachah 352:2, s.v. “if”). Yet the Mishnah Berurah (16) cites that the Gra held that if it came within three handbreadths of the ground, it is considered as resting on the ground. He refers to the Biur Halachah, which records that the Rishonim dispute this: Rif, Rambam, and Rosh permitted it, whereas Rabbeinu Chananel and Ramban prohibited it.

C. If a person is standing in a high place and the object rests on a slanted wall adjacent to the public domain, and the object is ten handbreadths above the street floor, he may pull it back to himself even if it is not sacred writings. (Shulchan Aruch, Orach Chaim 352:2; Mishnah Berurah 12). But if the object reached the lower part of the slanted wall, and the people of the public domain use the sloped wall to arrange their belongings, then even if it did not touch the floor, it is forbidden to pull it back to himself. (Shulchan Aruch, Orach Chaim 352:2; Mishnah Berurah 14). However, if the wall is not designated for the use of passersby in the public domain, the wall is a karmelit, and there is no prohibition in this. (Mishnah Berurah 14). [In Biur Halachah, a dispute among the Rishonim is cited as to whether it is permitted when the wall is not designated for public use for arranging the bundles they carry].

D. Sacred writings in a place where people do not tread, but they reached the floor—for example, one standing on a roof and the book fell onto the roof wall—it is forbidden to pull it back to himself. Rather, he turns the book over onto the writing, so that there will be less disgrace, and waits until after Shabbat to roll it back to himself.

Summary

1. A person is near the window of his house, on a balcony, where the wall of the house is the street wall, and there is no eruv in that place; or a person is at the edge of his private courtyard near the street, and a long object or garment, such as a broom handle, sheet, or scarf, became released toward the street while he is still holding the edge of the object: if the entire object is in the air and does not touch the ground, he may bring it back to himself.
2. In the above case, if it touches the ground of the street, it is forbidden to bring it back to himself, and he must leave it that way until after Shabbat.
3. In the above case, if he is not next to a street about which there is a dispute that perhaps it is a public domain—for example, a dead-end street—or if he is near an open area, he may bring it back to himself.
4. A regular street regarding which there are opinions that it is a public domain—even according to the lenient opinions, and were there an eruv there people would carry—in this case one should be stringent.
5. In the case of a long sacred book, such as a Torah scroll, Megillat Esther, and the like, if people tread in the place where the beginning of the book is located, as long as he is holding the other end of the book, he may pull it back to himself because of the disgrace to sacred books.
6. In the above case, if there is no concern that people will tread on the book, he should merely turn the book onto its other side and wait until after Shabbat.

Shulchan Aruch (Orach Chaim 352).