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23 Shevat 5765 - February 2, 2005 | Mordecai Plaut, director Published Weekly
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Opinion & Comment
On the Road: Guarding Your Property When You're Stuck For Shabbos

by Rabbi Daniel Yaakov Travis

Tony's Bowling Alley

One Friday about twenty years ago I was on the subway, seemingly with plenty of time to arrive at my destination before Shabbos. Suddenly, there was a screech . . . The train came to an abrupt halt. Technical difficulties. I looked at my watch; there was still ample time to get to my destination.

Apparently, the technical difficulties were quite complicated, and after an hour-and-a-half they still had not been solved. At this point I was starting to get nervous; the hand of my watch were moving quickly and soon Shabbos would be here. Finally, after two hours the train started to move again, with only a short time left until Shabbos.

I made a quick calculation and realized that I was not going to make it to my destination. With about fifteen minutes until sunset, I ran out of the subway station and entered the first building I saw: Tony's Bowling Alley. I asked to speak to the manager and was introduced to Tony.

I explained to him that soon it would be a Jewish holy day and would be prohibited for me to carry anything. Could I leave my bag with him? Even though he was not Jewish, he gladly agreed, and I deposited my belongings, including $300, in his office.

Meanwhile, I tried to figure out where I was. I found a place to pray, and then walked to the home of a friend, who lived about forty blocks away. He was a little surprised to see me, but he and his family made me feel welcome in their home. The next morning we walked to where I had intended to be; and after Shabbos my host drove me back to the bowling alley.

Everything was topsy-turvy there, and I suspected that I was not going to get my bag back. Finally I found Tony, who had a look of amazement on his face. He explained to me that after we had met there had been a robbery in the bowling alley. He took me into his office which had been thoroughly ransacked for any valuables.

He told me, "They took everything, but did not touch your bag. I am sure it is because you observed your holy day. The Jews are a holy people; may G-d bless you."

He handed me my bag with the three hundred dollars sitting safely where I had left it.

Financial Concerns

In retrospect, I am extremely thankful to Hashem for setting up that situation in a way that I was able to safeguard my possessions with relative ease. However this is not always the case. What is expected of a Jew who finds himself stranded on the road before Shabbos?

The thought of leaving one's valuables in an exposed area is distressing, and presents a formidable hurdle for most people. At the same time, transporting an item in a public domain constitutes the Torah prohibition of hotzo'o, carrying, and other means of saving the items can violate rabbinic decrees. How can these difficulties be reconciled?

Our Sages said "odom bohul al momono", a person becomes frantic at the thought of abandoning his property [and could come to violate the Torah prohibition of carrying]. In order to minimize this possibility, they relaxed some of the rabbinic restrictions, and permitted putting one's valuables in a place where a Torah transgression would not come about. Thus a person could keep his money without being desecrating Shabbos.

Non-Jews

If a person can find a Jew or non-Jew who will remain inside over Shabbos (as in the above story), this is the best place to store one's possessions. What if a person is still on the road when Shabbos comes in? What should he do with his property?

If a person is traveling with a non-Jew, that is the first choice for depositing one's valuables. Generally it is forbidden for a non-Jew to do any melochoh for a Jew In this case our Sages waived this rabbinic decree to prevent the Jew from violating a Torah prohibition.

Suppose that there are no non-Jews in the immediate vicinity that a person would trust with his valuables. Must a person put his fears aside and give them his property, or may he rely on one of the other options? In this case the halacha permits a person to take another option (Mishna Berura 266:2,6).

[The gemara states that if a non-Jew is not available then the next best option is to put the item on one's animal. For the purposes of this article this option will be omitted, since today it is generally not relevant.]

Dumb, Foolish, Minors

A non-Jew is the first choice for depositing one's possessions since he is not obligated in the mitzvos. If this option is not available then one may consider another category of individuals who are also not included in the Torah prohibition.

A person who sleeps in a graveyard or wears winter clothes in the summer is among the individuals that fit into the halachic classification of shoteh. A shoteh is considered to be lacking all understanding, and is not obligated to observe mitzvos. Therefore when valuables cannot be given to a non-Jew, he is the next best choice (assuming that he is capable of safekeeping one's possessions).

A cheresh (a person who is deaf and dumb from birth) is considered to have a weak level of understanding. Therefore it is preferable to give the items to a shoteh who has no understanding at all. If this is not possible the items may be given to a cheresh.

A katan (minor) is also considered not to have understanding. Why then is it better to give valuables to a shoteh? Since the minor is on the way to adulthood where he will have understanding, the shoteh is a preferable option. Because the katan and cheresh each have a reason that puts them above a shoteh, in a choice between the two of them, one may choose either (Shulchan Oruch 266,5).

Problems Incurred

There are a number of halachic issues, which complicate all of these options. If the katan is one's son, it is better not to give him one's possessions. Since the father is obligated to teach his child to keep mitzvos, it is preferable for the father not to ask him to do that which for the father would be a transgression (Biur Halacha 266,5 in the name of Pri Megodim).

Modern discoveries have given us techniques to educate the deaf and dumb close to the level of other adults. Some poskim see this as a reason to change their status, and to consider them like hearing and speaking adults (Minchas Shlomoh 1,34). This would take a cheresh out of the category of individuals to whom one can give one's money.

Even if one finds a minor who is not his son, or a cheresh who is uneducated, there is another problem. Some opinions say that one cannot actively cause any Jew to do a transgression (Shulchan Oruch 266,6). How can one give his possessions to one of these individuals without causing them to do a transgression?

As mentioned earlier, the prohibition to carry only applies when one picks up carries and places the object in a public domain. In order to stop the cheresh, shoteh or katan from transgressing when they want to rest, a person should take the item back from them before they stop, and give it back after they start walking again. In this way they will not transgress the Torah prohibition of carrying (Biur Halacha, ibid).

If the possessions are given to a cheresh, shoteh or katan before Shabbos, or one is in an area which is not a public domain (karmalis) or there is an eruv, they are permitted to carry the objects in a normal manner for the rest of Shabbos (Rema, ibid.).

Slow Down

If none of the above possibilities work out, what can one do? Our Sages permitted one remaining option for someone to safeguard his possessions. However they only revealed this with great reluctance, basing themselves on the verse, "It is the honor of Elokim to hide this . . ." (Mishlei 25,2). We too must share their hesitation and only rely on it in a situation where there are absolutely no other possibilities available.

The prohibition of hotzo'oh, carrying, has two primary conditions. First one must pick up the object and put it down within a public domain. Second, he must carry the object uninterruptedly a distance of four amos. If one of these two conditions is absent, his act does not violate the Torah prohibition.

In this vein, when no other option was present, our Sages permitted a Jew to carry an item himself, in increments of less than four amos at a time, stopping momentarily between each four amos. Some authorities require a longer pause, sitting down between each interval. Alternatively two people could continually hand the items back and forth every section of less than four amos, eliminating the requirement to stop or sit.

After hours of carrying your possessions at a snail's pace, you finally arrive home. Now a new problem arises — getting the valuables inside your house. Since this involves a different transgression, transferring an item from a public to private domain, walking slowly will not aid the situation. Our Sages permitted one to fling the items into one's house in an unusual matter, such as throwing the items off of one's shoulders if he is carrying them in a knapsack thereby removing the Torah prohibition from the act (Mishna Berurah 266:16-18;32).

Lost Objects

The more time and effort a person invested into working for and acquiring an object, the more distress he will feel when parting with it. Valuable items that one finds "along the way" while traveling on Shabbos are easier to pass up, and our Sages did not fear that one would transgress a Torah prohibition in order to take them. Therefore they did not permit someone who found a wallet to pick it up on Shabbos (Shulchan Oruch 266,13).

Some poskim are lenient and permit asking a non-Jew to pick up money that one finds on Shabbos. Nonetheless once the non- Jew has picked it up, the Jew may not tell him to bring it to one's home. Only if the non-Jew "figures this out" by himself, or if he agrees to give it to the Jew after Shabbos, will one be able to take possession of it (Mishna Berurah 266,38).

Regarding other situations, even where the Jew stands to lose considerably our Sages were not lenient to permit asking a non-Jew to take the valuables. Even in a case of a fire, they prohibited asking a non-Jew to remove items lest the Jew ask him to extinguish the flames, which is prohibited unless the fire poses a life threatening danger. (Today many fires are life threatening and may be extinguished; see Rema 334,26).

A Time of Tranquility

In conclusion, it is important to add that these leniencies were allowed in situations where one inadvertently found oneself on the road with one's possessions before Shabbos. It is forbidden to travel close to Shabbos with the intention to rely on these solutions. A person should always leave more than enough time to reach his destination before Shabbos, taking into account (within reason) the pitfalls that could occur along the way (Shulchan Oruch 266,8; see also Mishna Berurah 266, 22).

Shabbos is a wellspring of tranquility for those who tap into its waters. The way to enjoy this day is by getting ready for Shabbos early. Although there is a mitzvah to prepare for Shabbos also right before Shabbos, if major jobs are completed early in the day, one can greet the entrance of Shabbos with the honor and dignity it deserves.

In the merit of getting ready for Shabbos early, may we experience the true flavor of Shabbos, a taste of the World to Come.


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