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Adar I 8 5776

Do Clothes Make the Man?


From "Chemdat Yamim" Parsha Sheet
www.eretzhemdah.org





Question #1: The clown of town
"To entertain a chosson and kallah at their Shabbos sheva brachos, I want to dress in a clown suit, which includes wearing multiple hats, one atop the other. May I walk this way through an area that has no eruv?"

Question #2: Belts and braces
"May I wear a belt on Shabbos when I am already holding my pants up with suspenders?"

Question #3: Lehoniach muffler
"May I wear my talis as a scarf when I am outside an eruv?"

Question #4: Gallant garteling
"May I wear my gartel to shul on Shabbos the way I usually do?"

Introduction:
As we are aware, one of the 39 melachos of Shabbos is hotzaah, which is transporting or, as we usually call it, carrying items through a reshus harabim, an unwalled public thoroughfare or marketplace. This melachah also prohibits moving items from a reshus harabim into a reshus hayachid, an enclosed area, or from a reshus hayachid into a reshus harabim. In other articles, I discussed how an eruv permits carrying. (These articles can be read or downloaded from RabbiKaganoff. Com under the titles An Eruv Primer and Carrying in Public and the Use of an Eruv.) This article will discuss the issues of wearing clothing and similar items on Shabbos, in a place that does not have an acceptable eruv.

Violating the melachah of carrying is not necessarily through one's carrying the item in his hand. Walking through or into a public area with a needle pinned to ones garment or a handkerchief in ones pocket breaks the Torahs proscription. It is also prohibited to have chewing gum or candy in ones mouth while walking through a reshus harabim or between a reshus harabim and a reshus hayachid.

Although wearing clothing or jewelry is permitted, one may wear them only in a way that they are usually worn. In addition, at times Chazal prohibited wearing certain items to guarantee that a person would not mistakenly carry on Shabbos.

Permitted to carry

One may wear something that qualifies as a garment and is being worn in a normal way, even if you, yourself, do not usually wear it (Chayei Odom 56:4). For example, a rich man may wear something that he would not usually wear, because he considers it demeaning (Chayei Odom 56:4). Similarly, someone may wear earmuffs or an extra pair of socks or other garment, even when he usually does not. This is permitted even on a hot day and when the intention is to bring the extra garment for someone else (see Shulchan Aruch, Orach Chayim 301:36).

Example: Some teenagers got involved in a very non-Shabbos-dik water fight, with some of the contestants now completely drenched. Yitzie, who lives nearby, may make several trips home, each time donning several layers of clothing and a few pairs of socks, in order to supply his friends with dry clothing, even though there is no eruv.

The garment district
Wearing a handkerchief around ones neck is permitted, since it can be used this way either to provide warmth or to absorb perspiration (Mishnah Berurah 301:133, quoting Chayei Odom).

In an early ruling that sends shivers up my spine, the Rema (Orach Chayim 301:23) permits wearing Jewish "yellow circles" on Shabbos, the forerunner of the Nazis "Jewish stars," even if they are not sewn fully onto the garment.

Not normal
As I mentioned above, one may wear a garment outside an eruv only in a style that is considered "usual." However, one may not wear a garment in an atypical manner. For example, the Gemara (Shabbos 58a; 147a) teaches that wearing a talis wrapped around ones neck like a scarf in a reshus harabim is a Torah violation, since it is not the way this garment is meant to be worn. For the same reason, the Mishnah Berurah 301:133 prohibits wrapping a handkerchief around ones leg and walking this way in a reshus harabim. (However, see Shut Levushei Mordechai #133.)

Only a garment
One may not "wear" something that is not a garment, such as a box (Chayei Odom 56:4), even if it is cut out to allow you to slide your head inside.

We do not all hang together
Sometimes two "wearings" may appear to be similar, but halachah treats them in completely different ways. For example, although a womans wearing a necklace is an appropriate mode of dress, hanging a key on a string that one wears around ones neck is prohibited. This is true, even if the string is tied to the key in a way that it would fall off her neck without the key. Wearing a necklace around ones neck is an accepted way to wear jewelry. A key on a string is neither jewelry nor a garment, and therefore, it is prohibited to use this as a method of transporting a key on Shabbos.

Lo yilbash
The Torahs mitzvah prohibiting a man from wearing a womans clothes and vice versa has an interesting ramification germane to the laws of carrying on Shabbos. This mitzvah applies not only to clothing, but also to ornaments and jewelry meaning, for example, that a man is forbidden to wear jewelry that would ordinarily be worn only by a woman.

The Shabbos ramification of this question is that someone wearing ornaments inappropriate for his or her gender on Shabbos in an area without an eruv desecrates Shabbos by transporting the ornaments (Chayei Odom 56:4). Since this is not an acceptable way to wear them, it is halachically equivalent to carrying them in a reshus harabim. For this reason, a woman may not wear a talis in a reshus harabim (Chayei Odom 56:4). Perhaps this is something we should draw to the attention of the "women of the wall."

Finding tefillin
There is an interesting ramification of this law. Suppose that someone discovers several pairs of tefillin on Shabbos, outside of an eruv, in a place where they could become ruined or treated with disrespect. Does the kedushah of the tefillin supersede the violation of carrying on Shabbos? If it does not, what can one do to save the tefillin?

The halachah is that one may not do anything that would desecrate Shabbos to save the tefillin. Nevertheless, although it is usually forbidden to wear tefillin on Shabbos, they are still considered ornaments that men wear. And, since the halachah is that there is sufficient room on ones head and arm to wear two pairs of tefillin simultaneously, it is permitted to wear two pairs of tefillin. Therefore, a man who finds these tefillin can put on two pairs at a time, two pairs of tefillin shel yad on his arm, and two pairs of tefillin shel rosh on his head, bring the tefillin to a secure place, and then return for more (Eruvin 95). (We should note that some authorities permit wearing two pairs at a time only when they are fairly small.) However, since women do not wear tefillin, they are not considered an ornament for them, and they may not wear even one (Chayei Odom 56:4).

Tafeil parts of a garment
When wearing a garment, one does not need to remove a part of the garment that is not being used at the moment, even when this can be done easily. For example, the Biur Halachah (s.v. Shedarko) permits walking through a reshus harabim while wearing a garment that has pockets, provided that they are empty. Although we are all familiar with this law (I am unaware of anyone who wears pocket-less shirts and slacks on Shabbos), we should stop and ask why it is true. After all, pockets provide no warmth or any other clothing-related benefit why are they considered clothing, rather than small "backpacks" that happen to be attached to clothing?

The answer is that when wearing a garment in a way that it is usually worn, one need not be concerned about the tafeil, or secondary, parts of the garment. Halachah views the tafeil parts as having no consequence any significance they have is lost to the garment. For the same reason, one does not need to remove the hood of a garment, even when it is attached by a zipper or buttons and can be easily removed (see Biur Halachah). Similarly, one may drape a coat over ones shoulders, even though he is not "wearing" the sleeves (Shemiras Shabbos Kehilchasah). The pockets, hood and sleeves are all considered parts of the garment, even when they are not being used.
Tafeil parts of a garment also include such items as stray threads on a garment, whether partially attached or not. Since no one saves them, they are rendered insignificant.

Embellishments
Another type of tafeil part of a garment is something that enhances it aesthetically, such as decorations. For example, one may wear bells that have been woven onto ones clothing as ornaments (Mishnah, Shabbos 66b, as understood by the Shulchan Aruch, Orach Chayim 301:23).

Not tafeil
To sum up: something is considered part of a garment when it is either (1) insignificant on its own (2) it decorates the garment or (3) it is functionally part of the garment. However, there are items connected to the garment that are certainly not tafeil. Even sewing something onto ones clothes permits carrying it only when it is an item that is usually worn on that garment (Rema, Orach Chayim 301:23). For example, shirts often have spare buttons attached to them to be used as replacements, should the originals get lost. Some authorities rule that these extra buttons are significant, because the intent is to save them, in case they are ever needed. At the same time, their attachment to the garment does not service the garment or the wearer, since they are not doing anything functional for the shirt, nor are they decorative. Therefore, some authorities require that one remove these buttons from the garment before wearing it in a reshus harabim. On the other hand, other authorities contend that these extra buttons are not considered important and that one does not need to remove them (Shut Rivevos Efrayim, 4:87).

Hanging your jacket
Should the cloth loop used for hanging ones jacket become torn, this often creates a problem in wearing this garment outside of an eruv. Allow me to explain. As long as the loop is not torn, it is tafeil to the jacket, since it has a functional purpose -- to hang the jacket on a hook. The halachic problem is when one side of the loop tears, yet the loop remains attached to the garment. This loop is still considered important, since one intends to sew it back into place, so that it can again be used. Yet, the loop is no longer functional, and it serves no aesthetic purpose. Thus, the loop is no longer included in any of the three categories whereby it could be tafeil to the jacket. As a result, wearing the jacket in an area without an eruv will be a problem, since the loop is now being carried (Chayei Odom).

Should the loop tear in a way that it cannot be resewn into the garment, one may wear the garment outside an eruv, since, in this situation, the remnants of the loop have no significance, and they are therefore tafeil to the garment. It is also permitted if one does not intend to use the loop, but to throw it away and use something else to replace it.

Not decorative
We learned above that one may wear a decorative item that lies upon or attaches to a garment. However, this is permitted only when the attached item is indeed decorative. One may not wear a pin in ones clothes, unless it is either decorative or it is being used in a functional way, such as being used instead of a button (Chayei Odom 56:2). As I mentioned above, it is therefore forbidden to go outside an eruv with a house key attached to ones clothes with a safety pin, since this does not enhance the garments aesthetically. I will soon discuss other possible options of what one may do.

Two belts
I mentioned earlier that one may wear two or more of the same garment, even though one usually does not. There is a dispute among authorities whether this is true regarding wearing two belts. Based on different ways of understanding a passage of Gemara (Shabbos 59b), the rishonim disagree as to whether one may wear two belts, one on top of the other. The dispute is whether it is considered normative for someone to wear two belts in this way. The Shulchan Aruch (Orach Chayim 301:36) concludes that this is permitted, whereas the Rema prohibits it; the latter is the accepted practice of Ashkenazim. This is prohibited, even when the two belts are not placed one directly on top of the other, but one is placed somewhat higher than the other, as long as they are both holding tight the same garment (Minchas Shabbos 84:20).

Nevertheless, the Magen Avraham concludes that where the two belts are accomplishing different things, such as, where one is attached to a garment above and therefore functions more like suspenders than a belt, that it is permitted. Similarly, the Pri Megadim (Mishbetzos Zahav 301:25) permits two belts, one on top of the other, when there is a practical reason to wear them this way, such as the inside belt is not aesthetic but is functional, and the outer belt is attractive; or when the two belts are worn so that they lift up ones garments to prevent them from getting dirty (Mishnah Berurah 301:134).

Gartels
Rav Moshe Feinstein forbids wearing a gartel in the street on Shabbos on top of ones shirt or slacks, if one is already wearing a belt, since this is considered to be wearing two belts, one on top of the other. It is, similarly, forbidden to wear the gartel over a tie, since this is not a normal way of keeping a tie in place (Shut Igros Moshe, Orach Chayim 2:76). It is permitted to wear the gartel on top of ones jacket, so that it functions as a type of a belt holding the jacket in place.

Wearing two hats
May one wear two hats? Some early authorities prohibit wearing two hats on Shabbos, unless the hats are of a type that people occasionally wear one atop the other (Machatzis Hashekel 301:49). Similarly, we find those who forbid wearing two yarmulkas, one atop the other (Minchas Shabbos 84:19). So, although people say that "they wear two hats," they should be careful how they do it on Shabbos.

A rain cover
May one wear a raincover on ones hat on Shabbos? Many authorities prohibit this, since it is not to protect your body, but your hat (see Chayei Odom 56:4). Thus, it does not serve a clothing purpose, and it is also not an ornament. Some authorities draw a distinction between raincovers used by men to cover their hats, which they prohibit, and the rainbonnets worn by women, which, although they are also used to protect sheitelach, also protect the wearer. They rally evidence that this is so, since they are also used by single women, which demonstrates that its primary purpose is to protect the wearer, not the hat or sheitel (Kitzur Hilchos Shabbos).

Shabbos keys
Is there any permitted way to transport keys through a public area on Shabbos?

The basic question here is that the key is not a garment and one is permitted, on Shabbos, to wear only a garment or an ornament. Many authorities permit making the key into a proper ornament, but, to do this, it must be made of silver and have the appearance of something that one would wear as jewelry (Shulchan Aruch, Orach Chayim 301:11 and Mishnah Berurah 42; Chayei Odom 56:3. It should be noted that although the Shulchan Aruch cites the lenient opinion in this dispute, he rules that this last suggestion is prohibited.) The other option is to make the key a functional part of a garment, such as by using it as the prong of the belt, which is the part that one inserts into the holes when buckling (Mishnah Berurah 301:45; Shut Minchas Yitzchok 4:33).

Walking stick
One of the more difficult problems to resolve is that of an older person, who usually walks outdoors with a cane or walking stick, but can walk without it. The halachah is that someone who cannot walk at all unassisted may use a cane (Chayei Odom). However, if one can walk without the stick, even only at home, the Kitzur Shulchan Aruch (84:5) prohibits him from using a cane on Shabbos in an area without an eruv.

Conclusion
The Navi Yirmiyohu (17:19-27) was concerned about carrying on Shabbos; it is a melachah like any other, yet people mistakenly think that it is not important. Indeed, we would not usually define transporting something as changing something functionally, which is what most melachos accomplish.

Rav Hirsch (Shemos 35:2) explains that whereas other melachos demonstrate mans mastery over the physical world, carrying demonstrates his mastery over the social sphere. The actions that show the responsibility of the individual to the community and vice versa are often acts of hotzaah. Thus, the prohibition to carry on Shabbos is to demonstrate mans subordination to Hashem regarding his role and position in his social and national life.



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