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Hotzaah: Difference between revisions

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One of the 39 Melachot which one is prohibited to do on [[Shabbat]] is [[Hotzah]], [[carrying]] from one domain to another. In general, one may not carry from a public domain to a private one, or visa versa. Additionally, one may not carry 4 [[amot]] in a public domain. The definition of these domains and the exceptions under which a person may carry are described below. For a broader perspective about [[carrying on Shabbat]] and the modern Eruv, see our [[Introduction to the Modern Eruv]].
One of the 39 Melachot which one is prohibited to do on [[Shabbat]] is [[Hotzah]], [[carrying]] from one domain to another. In general, one may not carry from a public domain to a private one, or visa versa. Additionally, one may not carry 4 [[amot]] in a public domain.<ref> The first Mishna in Maseches Shabbos explains that there is an issur deoraisa for a person to take an object from a reshus hayachid on Shabbos and place the object into a reshus harabim or vise versa. One who does so has violated Hotzah. There is also a rabbinic prohibition to do half of the melacha, by either picking up the object (akira) in order to transfer it or to place it done (hanacha) after it has been transferred. The Gemara (Shabbos 4a) indicates that akira and hanacha are only prohibited if the object is placed or removed from a platform of four by four tefachim. Interestingly, the Gemara (5a) states that a person’s hand is treated as if it is four by four tefachim.</ref> The definition of these domains and the exceptions under which a person may carry are described below. For a broader perspective about [[carrying on Shabbat]] and the modern Eruv, see our [[Introduction to the Modern Eruv]].
==Source--
# The source of Meleches Hotzah is a major machlokes Rishonim. <ref> Rashi Mishna 2a states that the source for Hotzah is “Vayichale ha’am me’havee” (Shemot 36:6) in which Moshe Rabbeinu commands Klal Yisroel to stop bringing donations for the Mishkan. However, the Ri (Eruvin 17b, Shabbos 2a) states that the source for Hotzah is “Al yaytzay ish mimkomo” (Shemot 16:29) which states that one may not leave one’s domain while carrying. It is imperative to point out that while most melachos are learned from the construction of the mishkan, Hotzah requires pesukim be established as a melacha. Tosfot and Ramban on 2a both address this inconsistency and explain that since Meleches Hotzah is inferior, or ''garuah, ''in nature (See their respective explanations what exactly the deficiency is, see also Ohr Zarua’s siman 82) it requires pesukim to clarify that it still is considered one of the 39 melachos and was also done in the Mishkan.(See Tos 96b)<br />
This concept of ''Melacha Garua'' has a considerable amount of practical applications. For instance, the Chayei Adam (Shabbos 9:11) states that an object that has been illicitly carried on Shabbos may still be used, in contrast to other melakhot which, when violated, taint the object with a rabbinical prohibition preventing one from using the object. Furthermore, some rishonim understand that the reason the Talmud says that eiruvin is not required on Yom Tov is because Hotzah falls short of the status of a complete melakhah. See also Afikei Yam, II, 4:8.The fact that Hotzah is a ''Melacha Garua'' has ramifications also on the source of the toldos. Usually, the toldos of a melacha merely consist of actions resembling the avos logically. However, some Rishonim (See Tos 96b) learn that the toldos of Hotzah must be both similar in svara to the avos from which they are derived and practiced in the mishkan—a characteristic not found in any other melacha. The toldos of Hotzah are haavara (carrying daled amos in reshus harabim), throwing an item from reshus hayachid to reshus harabim and vice versa, throwing an item four amos in reshus harabim, and hoshata (transferring a chefetz from reshus hayachid to an adjacent reshus hayachid through a makom ptur). (Listed in the first Mishna in Perek Hazorek (96a)) It is a discussion amongst the Rishonim whether hachnasa, transferring something from a reshus harabim to a reshus hayachid, is an av or a toldah. (See Ramban 2b, Rambam Hil Shabbos) </ref>


==Definition of the 4 domains==
==Definition of the 4 domains==
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==Where is it forbidden to carry?==
==Where is it forbidden to carry?==
# It is forbidden to carry, pass, or throw an object in a Reshut HaRabim or Karmelit. <ref>Kitzur S"A 82:1</ref>
# It is forbidden to carry, pass, or throw an object in a Reshut HaRabim or Karmelit. <ref>Kitzur S"A 82:1. The derabbanan prohibitions of Hotzah include doing an akira without a hanacha (3a), a hanacha without an akira (3a), and Hotzah from reshus hayachid/reshus harabim to a karmelis (3b).</ref>
# It is forbidden to carry from Reshut HaYachid to Reshut HaRabim or a Karmelit, from a Reshut HaRabim or Karmelit to a Reshut HaYachid, from Reshut HaRabim to a Karmelit, or from a Karmelit to a Reshut HaRabim. It is permissible to carry from a Makom Patur to a Reshut HaYchid, Reshut HaRabim, or Karmelit and from these areas to a Makom Patur as long as one doesn't carry 4 [[amot]] in a Reshut HaRabim or Karmelit.<ref>Kitzur S"A 82:2</ref>
# It is forbidden to carry from Reshut HaYachid to Reshut HaRabim or a Karmelit, from a Reshut HaRabim or Karmelit to a Reshut HaYachid, from Reshut HaRabim to a Karmelit, or from a Karmelit to a Reshut HaRabim. It is permissible to carry from a Makom Patur to a Reshut HaYchid, Reshut HaRabim, or Karmelit and from these areas to a Makom Patur as long as one doesn't carry 4 [[amot]] in a Reshut HaRabim or Karmelit.<ref>Kitzur S"A 82:2</ref>
# Because there are a lot of detailed and complicated halachot in defining these 4 domains, in a city where there's no Eruv, someone who isn't an expert shouldn't carry into another domain unless one knows for certain that it's permissible.<ref>Kitzur S"A 82:2</ref>
# Because there are a lot of detailed and complicated halachot in defining these 4 domains, in a city where there's no Eruv, someone who isn't an expert shouldn't carry into another domain unless one knows for certain that it's permissible.<ref>Kitzur S"A 82:2</ref>