DailyHalacha.com for Mobile Devices Now Available

Click Here to Sponsor Daily Halacha
"Delivered to Over 6000 Registered Recipients Each Day"

      
(File size: 1.29 MB)
Is It Permissible on Shabbat in the Public Domain to Carry a Child Who Refuses to Walk?

The Halacha has already established the principle of "Shvut D’Shvut"-when the Rabbinic prohibition of instructing a non-Jew is coupled with a requested action from him that is prohibited only by Rabbinic law, it is permitted for a Misva, major financial loss or suffering.

The question is whether this leniency applies to any case in which there is a "double D’rabanan," or only when the first Rabbinic prohibition is instructing a non-Jew. That is, is a Jew permitted to perform by himself a Melacha that is "diluted" by two Rabbinic prohibitions, in cases of Misva, loss and suffering?

Hacham David, in his Halacha Berura (p. 223), writes at length to prove that there is such a concept of "Shvut D’Shvut" by a Jew. One of his proofs is from the Mishna Berura (Rav Yisrael Meir Kagan of Radin, 1839-1933) in Siman 316:19, who discusses the prohibition of "Sad"-trapping on Shabbat. If a bunch of chickens were running loose, causing damage to one’s house, he permits taking them and locking them in their cage. The basis of his leniency is that such an act is mitigated by two Rabbinic prohibitions. First, putting them in their cage is not being done for its own sake, rather to remove the damage. Hence, this type of trapping is a "Melacha She’enah Sriha L’gufa" and is only prohibited M’drabanan. Second, any trapping of domesticated animals, like chickens, is only prohibited M’drabanan. Thus, he permits a Jew to do a "Shvut D’Shvut" in a case of financial loss.

He brings another proof from the Be’ur Halacha (Rav Yisrael Meir Kagan of Radin, 1839-1933), in Siman 349. There he permits a person to carry an object in a "Karmelit" (Rabbinically designated public domain), stopping in increments of less than four Amot (cubits). This is also a "double D’rabanan." Carrying less than four Amot is only Rabinically prohibited, and any carrying in a "Karmelit," by definition, is also only D’rabanan.

He also brings a proof from Maran in Siman 325:2 that the concept of "Shvut D’Shvut" applies also to actions performed by Jews.

R. Moshe Feinstein (Russia-New York, 1895-1986), in his Iggerot Moshe (OC 4:91) applies this to a practical application. He permits picking up and carrying a child who refuses to walk on his own in a "Karmelit." Carrying anything in a "Karmelit" is only Rabbinically prohibited, and carrying a child is always more lenient, prohibited rabbinically, because of the principle of "Hai Noseh Et Asmo"- (Living beings carry their own weight). While it may not be for the sake of a Misva, it certainly is considered a case of suffering. Hacham David concurs with this ruling, in cases of a pressing need where there is no alternative.

Of course, this leniency assumes that most of our streets are only "Karmelit "and not bona fide public domains by Torah law. This is certainly true according to Hacham Bension who rules that in cases of Rabbinic prohibitions, one may rely on those lenient opinions that our streets are not "Reshut HaRabim" (public domains) by Torah law.

SUMMARY
It is permitted to carry a child who can no longer walk in a Rabbinically designated public domain.


 


Recent Daily Halachot...
The Recitation of “Emet Ve’yasib” After the Morning Shema
Answering “Amen” to a Beracha After Completing “Hashkibenu” at Arbit
Does Minha Precede Musaf if One Did Not Recite Musaf Until the Afternoon?
Reciting the Verse “Yiheyu Le’rason” After the Amida
Laws of Kaddish
Halachot Relevant to Reciting the Verse “Hashem Melech”
Answering to Kadish, Barechu, Kedusha or Berachot During Baruch She’amar
May One Answer “Amen” During Pesukeh De’zimra?
If One is Praying the Amida When the Hazan Reaches Nakdishach
If One Mistakenly Recited Al Ha’mihya Instead of Birkat Ha’mazon
The Latest Time to Recite the Morning Amida, Baruch She’amar and Yishtabah
May a Kohen Interrupt Pesukeh De’zimra or Shema to Participate in Birkat Kohanim?
Upon Arriving Late To Minyan of Arbit
One Who Did Not Recite Minha the Day Before We Begin Reciting “Barech Alenu”
If One Mistakenly Recited “Barechenu” Instead of “Barech Alenu” on the Night of December 4th
Page of 239
3585 Halachot found