Is it Carrying

As we know, one of the 39 melachos of Shabbos is Hotza’ah, which is violated by transporting an item from a reshus harabim - a public thoroughfare or open marketplace, into a reshus hayachid - an enclosed area, or, vice versa, by transporting from a reshus hayachid to a reshus harabim.

Hotza’ah is so important that it’s the reason we don’t blow the shofar when Rosh Hashana falls on Shabbos – so that we won’t

come to carry the shofar to shul through a public domain.

While we may refer to hotza’ah as “carrying,” it more literally means “bringing out” and refers to any manner of getting an item from point A to point B. Throwing something from a private to a public domain, or rolling it through a public domain, is the same melacha as carrying it in one’s hand or pocket.

The melacha also includes carrying or otherwise transporting items four amos (about seven feet) or more within a reshus harabim (a public thoroughfare)

With reference to the laws of Shabbos, the terms reshus hayachid and reshus harabim are not determined by ownership, but by the extent to which the area is enclosed and how it is used. An area could be either publicly-owned or ownerless and still qualify as a reshus hayachid; an area owned by an individual might still qualify as a reshus harabim.

In this chapter we will discuss which objects may be worn outside in a Reshus ha’rabbim (public domain) and which objects may not be worn outside.

The Aruch ha’Shulchan writes that when discussing the halachos of Hotza'a “it is important to clearly define which objects are included in the melacha of carrying and which are not included in the melacha. There are two categories of objects which are not included in the melacha of carrying:

1) a Malbush (clothing), and

2) a Tachshit (accessories)

In this chapter we will discuss the different objects and garments which fall under these two categories and may be carried outdoors on Shabbos.

The Aruch Ha’Shulchan explains that “it is obvious that when the Torah wrote that one may not ‘carry a load’ outdoors on Shabbos, it did not include wearing clothing, as it did not intend for people to walk outside undressed.” The Rambam explains that the clothing which one wears becomes subordinate his body and is viewed as an extension of his body. Therefore, it is not considered a load which he is ‘carrying’ and may be worn outside on Shabbos. For example, when one wears a shirt outside on Shabbos it is viewed as ‘part of his body’ and not a separate load which he is carrying. Similarly,

• It is permissible to wear a jacket, hat, or rubber boots outdoors on Shabbos, because they are considered a Malbush which is an extension of his body.

• The Shulchan Aruch writes that one may wear his tallis home from shul on Shabbos, because the tallis is considered a Malbush which is subordinate to his body.

We will discuss the following halachos of a Malbush:

1) Which garments are considered a Malbush

2) Wearing a Malbush in an irregular manner

3) Wearing two of the same garments

4) Bunching up a garment

5) Wearing an object which one may remove

The Mishna Berura explains that so long as an article of clothing is worn by even a minority of people it can be considered a Malbush; thus, anyone may wear this Malbush outdoors on Shabbos. For example, the Shulchan Aruch writes that the sackcloth which shepherds would wear outdoors to protect themselves from the rain can be considered a Malbush; thus, it is permissible for anyone to wear sackcloth outdoors on Shabbos. Similarly,

• One may wear a white doctors coat outside on Shabbos, even if he is not a doctor.

• One may wear a long frock or bekishe outside on Shabbos, even if he normally wears a short jacket.

The Mishna Berura writes that an item which is categorized as a Malbush may be worn in any situation. For example, he writes, that one may wear a raincoat outdoors on Shabbos even when it is not raining outside, because it is considered a Malbush and may be worn in any situation; even when it is not worn for its designated purpose. Similarly, one may wear a winter coat outside on Shabbos on a summer day, because the coat is considered a Malbush and may always be worn outside.

Additionally, the Shulchan Aruch writes that one may wear a Malbush outdoors on Shabbos even if his intention is to transfer the garment to another place. For example,

• One may wear a raincoat to shul when it is not raining outside even if his intention is to transfer the raincoat to shul in case it rains later in the day.

• The Shulchan Aruch writes that “one may wear his tallis underneath his coat to bring it to shul,” because it is a Malbush and may always be worn outside even when his intention is to transfer the tallis.

The Shulchan Aruch explains that although a Malbush may always be worn outdoors on Shabbos, it may only be worn in its derech malbush - its regular manner. When one wears a garment in an irregular manner, we cannot consider it as if he is wearing the garment; rather, we consider it as if he is carrying it. To bring out this point, the Mishna Berura writes that although one may wear a tallis outside on Shabbos he may obviously not fold it up and carry it on his shoulders, as this is not considered wearing the tallis but carrying the tallis since this is not the normal was to wear the tallis. Similarly,

• Some poskim rule that one may not wear a jacket draped over his shoulders (without putting his arms into the sleeves of the jacket), as this is not a normal way to wear a jacket nowadays. However, in a place where it is common to wear a jacket over one’s shoulders it would be considered derech malbush and may be worn in this manner on Shabbos.

• Wrapping oneself in a plastic tablecloth to protect oneself from a heavy rain is not considered a derech malbush (its regular manner) since it is not the normal way to ‘wear’ a tablecloth. [However, some poskim rule that wrapping oneself in a tablecloth is considered a tachshit since it is worn to protect one’s body, as we will discuss later (in part). According to all opinions however, it is prohibited to tear a hole in the plastic tablecloth to stick out one’s head and hands, because this completes the item violating the melacha of Makeh b’Patish.]

The Shulchan Aruch writes that wearing two identical garments is still be considered derech malbush (its regular manner). For example, since on a cold day it would be considered normal to wear two coats one on top of another, we can consider wearing two coats to be derech malbush (its regular manner). Thus, one may always wear two coats outside on Shabbos even if his intention is to transfer one of the coats for his friend. The same is true regarding most clothing, such as shirts, socks, shoes, coats, pants, hats, or boots), as it is permitted to wear two (or more) identical garments outdoors on Shabbos.

The Rema rules that wearing two belts, one on top of the other, cannot be considered derech malbush (its regular manner), because once one belt is worn the second belt is always unnecessary and is not considered the normal way of wearing a belt. However, the Rema adds that if one is wearing many garments (e.g., pants, jacket, coat) he may wear a belt on top of each of the garments since this is the normal way to wear a belt. (Regarding wearing a gartel outside on Shabbos, see footnote.)

Similarly, the Aruch HaShulchan writes that one may not wear two (regular sized) hats one on top of another, because the second hat serves no purpose and cannot be considered derech malbush. However, one may wear a yarmulke underneath his hat as this is considered derech malbush, because it is common to wear a smaller covering underneath a larger one. (We will later discuss wearing a plastic cover on top of a hat to protect it from the rain.)

The Shulchan Aruch writes that bunching up a garment in an irregular manner cannot be considered derech malbush and may not be worn in that manner outdoors on Shabbos. For example, the Shulchan Aruch writes that when wearing a tallis outdoors on Shabbos one may not bunch the tallis up by picking up the bottom of his tallis and wearing it around his shoulders, because this is not the normal way of wearing a tallis. Rather he must let the tallis drape downward as it is normally worn. Similarly, the Mishna Berura writes that when one wears a garments he should not lift up the bottom if the garment more than a little bit as wearing the garment bunched up is no considered derech malbush. For example,

• When walking in a muddy area one should not lift his pants up more than a little bit, because wearing pants lifted high up is not a normal way to wear one’s pants and is thus it is considered as if he is carrying the part of the pants which is bunched up.

• If one wishes to lift his tallis up he should not lift it up more than a little bit, otherwise it is not considered derech malbush.

• If a woman’s skirt is too long, she may not fold up the skirt at the waistline more than a little bit, because it would be considered ‘carrying’ the unnecessary material that is folded over. However, she may fold up the skirt a little bit.

• Rav Moshe Feinstein ruled that one may not wear his shirtsleeves rolled up outdoors since it is considered carrying the bunched-up sleeves. However, Rav Yaakov Kamenetsky and other poskim rule that it is permitted to wear one’s shirtsleeves rolled up since this is the derech malbush, since this is the way people wear their shirtsleeves.

We find many instances where Chazal prohibited wearing a garment where there is a concern that one may remove it outdoors. For example,

• The Shulchan Aruch writes one should not wear gloves (which protect one’s hands from the cold) outdoors on Shabbos. Although gloves are considered a Malbush, as they protect one’s hands, nevertheless they should not be worn outside on Shabbos because it is common to remove them outdoors (in order to gain usage of one’s fingers) and thus wearing gloves outdoors may lead one to inadvertently carry them. (It is permissible to wear earmuffs outdoors since it is not common for them to be removed outdoors.)

• The Rema cites an opinion who rules that one may not wear open-heel slippers (e.g., house slippers, Crocs) outdoors on Shabbos (or Yom Kippur), because they fall off easily and one may inadvertently carry them on Shabbos. However, the Rema cites other opinions who permit wearing open heel slippers on Shabbos since it is not common for people to walk outside barefoot. Still, it is preferable to refrain from wearing such slippers outdoors on Shabbos (or Yom Kippur). Some argue that since nowadays it is not common for one to walk outdoors without shoes or slippers, there is no concern that one will carry the slippers and thus they may be worn outdoors. (One may wear slippers which have a toe strap which fits tightly between one’s toes (i.e., Flip Flops), because they do not easily fall off one’s feet.)

• The Shulchan Aruch writes that one may only wear a hat outdoors on Shabbos if it fits securely on his head otherwise there is a concern that it may fall off in the wind and lead to inadvertently carrying the hat outdoors. The Mishna Berura writes that “from this ruling we learn regarding our hats which are worn nowadays on top of a yarlmulke, one must be care that his hat fits tightly on his head, otherwise it may fall off and he may carry it in Reshus HaRabim.

Therefore, the Shulchan Aruch concludes that one may wear a hat outdoors only if it is secure enough to withstand a normal wind [in that place] (Chut Shani 4:88:18).