A group of young women touring Alaska asked me if it is permissible for them to engage in recreational gun shooting on a Friday. The basis of the questions was a ruling they had received from their Rav that they should avoid performing Torah prohibited Shabbat labor on Fridays in Alaska.
Basis for the Ruling – The Date Line Dispute
This ruling emerges from the celebrated dispute regarding the location of the halachic international date line; an issue that is summarized in an essay written by Torah Academy of Bergen County graduate Willie Roth and is archived at www.koltorah.org. There are three major opinions regarding this issue. The Chazon Ish (O.C. Kuntress Eighteen Hours) locates the date line ninety degrees east of Jerusalem, while Rav Yitzchak Herzog, Rav Yechiel Michel Tukachinsky and other leading Jerusalem rabbis of the 1940’s believe that it is one hundred and eighty degrees from Jerusalem. Rav Zvi Pesach Frank (Teshuvot Har Zvi 1:138) rules that there is no such thing as a halachic date line. Instead, a person just follows the day that the country that he is in is observing. The appendix to Encyclopedia Talmudit, vol. 22 contains an extensive discussion of this issue.
According to both the Chazon Ish and Rav Frank, Alaska is located to the east of both the international and halachic date line. However, according to the Jerusalem rabbis, half of Alaska lies to the west of the halachic date line (the 144.8W meridian according to this opinion) and Shabbat should thus be observed there on what the international community regards as Friday.
An additional factor is the opinion of the Chazon Ish “that we do not split the continent”. According to the Chazon Ish, if part of a continent lies within ninety degrees to the east of Jerusalem, then the entire continent is considered to lie to the west of the date line. Similarly, even according to the Jerusalem rabbis since Alaska is part of North America, most of which lies east of the halachic date line, the Chazon Ish’s stretches the line to the coast, so all of Alaska is east of the halachic date line. However not all authorities agree with this assertion of the Chazon Ish. The Brisker Rav (cited by Rav Hershel Schachter, Journal of Halacha and Contemporary Society 21:69), for example, is reported to have disagreed.
The Rav of these young ladies considered all these opinions and issued a compromise ruling that one should refrain from biblically forbidden Shabbat labor (such as writing, lighting a match and driving a car) if one is located to the west of the 144.8W meridian on Friday in Alaska.
Firing Weapons – A Biblical Prohibition or Rabbinic Prohibition
I ruled that it is forbidden for these women to fire weapons on Friday. It appears obvious that firing a rifle constitutes a biblical level labor of mavir (kindling a fire). Combustion occurs when firing a gun, just as when pressing the accelerator in an automobile. Even though there is no lasting effect since one has accomplished his goal, one is considered to have performed a bibilcal act of labor.
In order to appreciate this issue we must briefly explore the concept of “eino mitkayeim”. The Mishnah (Shabbat 102b) states a broad rule (in the context of presenting the rules concerning boneh, building on Shabbat) - “This is the rule: one who performs a creative act [melachah] that has a permanent effect [mitkayeim], has violated a biblical prohibition”. A melachah that has only a temporary effect, by contrast, is only rabbinically prohibited.
Although the rule is clear its application is not, as it is difficult to precisely define the concept and category of davar hamitkayeim. For example, the amout of time the effects of the melachah must last in order for it to be considered mitkayeim is ambiguous and subject to debate. The Tiferet Yisrael (Kalkelet HaShabbat, Boneh) cites the Pri Megadim who rules that a melachah that lasts eight or nine days is defined as mitkayeim. The Shaar Hatziyun (303:68) infers from the Rambam (Hilchot Shabbat 9:13) that a melachah is defined as mitkayeim if it lasts through Shabbat. However, he writes that Rashi (Shabbat 102b s.v. B’Shabbat) seems to believe that mitkayeim means that it lasts forever. In the context of the melachah of kosheir (tying a knot), the Rama (O.C. 317:1) cites two opinions regarding when a knot is considered to be “lasting” (shel kayama). One opinion is that it must last one day and one opinion says it must last seven days in order to be defined as “permanent”.
To complicate matters further, it is clear that certain acts are considered mitkayeim even if their effects are fleeting. For example, Rav Hershel Schachter once noted (in a personal conversation) that striking a match constitutes a biblical violation on Shabbat even though the fire lasts only momentarily. It is regarded as mitkayeim since one has accomplished his goal (melechet machshevet; see the Rashba, Shabbat 115b s.v. Ha DeAmrinan, who asserts that this is the reason why a davar she’eino mitkayeim is not biblically forbidden - because one has not accomplished his goal through such an action).
In addition, the Rambam (Hilchot Shabbat 12:1) writes that it is biblically prohibited to heat metal on Shabbat until it glows, even though the metal will cool down relatively quickly after it is heated. Rav Dovid Ribbiat (The Thirty Nine Melochos 1:134 in the Hebrew section) explains that the concept of mitkayeim varies from melachah to melachah as well as from act to act. A match normally is lit only momentarily and metal is usually heated to a glow only for a brief period; thus these acts are regarded as mitkayeim.
Rav J. David Bleich commented to me that each time one presses on an automobile’s accelerator, he is considered to have engaged in a biblical-level labor of mavir. Since he has accomplished his goal in its normal manner then the act constitutes a biblical-level act of mavir. Firing a weapon seems no different.
We should note that even if I felt that these women’s Rav could have adopted a more lenient ruling regarding Shabbat observance in Alaska based on the preponderance of opinions that do not require any Shabbat observance on Friday in any part of Alaska, I had to respect the Rav’s ruling. The Rama (Y.D. 242:31) forbids overturning another’s Rav’s ruling except for very limited circumstances (see Gray Matter 3:243-248 for further discussion of this issue).
Women and Firearms
In addition to Shabbat concerns, women are forbidden to bear arms any day of the week. The Torah (Devarim 22:5) prohibits women to wear clothing customarily worn by men and vice versa. The Rambam (Hilchot Avodah Zarah 12:10) rules in accordance with the view of Rabi Eliezer ben Yaakov (Nazir 59a) who includes women bearing arms in this prohibition. Rashi (ad. loc. s.v. Talmud Lomar) adds that it is for this reason that Yael killed Sisera with a peg instead of a conventional weapon (Shofetim 5:26 see Targum Yonatan ben Uzziel ad. loc. who presents the same explanation as Rashi).
Both Rav Moshe Feinstein (Teshuvot Igrot Moshe O.C. 4:75:3) and Rav Ovadia Yosef (Teshuvot Yechaveh Da’at 5:55) forbid women from bearing arms except in life-threatening situations. Indeed, the common practice in most of the Religious-Zionist community is for women not to serve in the Tzahal but to perform Sheirut Leumi (national service), following the ruling of Rav Tzvi Yehuda Kook (Techumin 3:387). Thus, I instructed the women never to visit a firing range.
Recreational Firing of Weapons
Moreover, I believe that recreational gun shooting is an inappropriate activity for a Jew, male or female, any day of the week. While training to use a firearm for security needs such as serving in Tzahal or guarding Israeli communities is certainly permitted and is a preparatory act for the mitzvah of gemillut chessed, in my opinion recreational firing of arms should be avoided. My opinion is analogous to Rav Yechezkel Landau’s (Teshuvot Noda Biy’hudah Y.D. 2:10) ruling discouraging recreational hunting (as well as forbidding it for another reason) because in the Tanach we find recreational hunting is an activity of people of poor character such as Esav and Nimrod. Rav Landau believes that certain activities are simply not fitting for a Jew even if not technically forbidden.
In fact, the majority opinion in the Mishnah (Shabbat 63a) regards weapons as degrading. The Mishnah notes that when Mashiach will come all weapons will be converted into agricultural equipment (Yeshayahu 2:4). Tragically, our enemies force us to don the “clothes of Eisav” and bear arms to defend ourselves. Although we are grateful that today Jews are able to defend themselves, we would much prefer to eliminate firearms from the face of the earth. Recreational gun use is not compatible with Yeshayahu’s vision.
Conclusion
Accordingly, there are three reasons for these women not to fire weapons on Friday in Alaska – it might violate Shabbat (according to the ruling of their Rav), women may never bear arms (except in case of danger to life) and even men should find alternative recreational activities to firing weapons. In fact, I advised the women to seize the opportunity to take a bus tour (only a rabbinic prohibition on Shabbat; see Teshuvot Har Zvi Y.D. 293) and see some of Alaska’s beautiful scenery. Such activity serves to increase one’s love and reverence for Hashem (see Rambam Hilchot Yesodei HaTorah 2:1-2) and it is a far better way to spend one’s valuable time than is firing potentially lethal weapons.