If someone lives in a community which does not have a proper eiruv, he is required to check [and empty] his pockets of all items right before sunset, so as not to inadvertently carry on Shabbos.
Moreover, several poskim strongly recommended that one should not put any item, e.g., a tissue or a key, into his pockets during Shabbos, as he might forget about it and then unintentionally carry it outdoors.
But it happens, sometimes, that people forget. They accidentally leave things in their pockets and then walk outside on Shabbos. Perhaps they thought the community had an eiruv, but were mistaken; or perhaps they did not realise the eiruv was down. For whatever reason, one can end up in a situation where the slightest wrong move – either stopping when one should keep walking, or vice-versa – can result in a Shabbos desecration.
In this Discussion, we will describe some of situations that arise, and explain the best course of action as discussed by the poskim. Note that these complex halachos are intensely debated among poskim, often without a clear consensus. In the following discussions, we have attempted to simplify a complicated matter, and to keep it as relevant as possible for our times.
Question: If you are walking somewhere that does not have an eiruv and you suddenly discover a tissue [or any other insignificant item] in your pocket, what should you do?
Discussion: As soon as you discover the mistake, do not stop walking for even a moment. While continuing to walk, you should immediately follow one of these options:
- Option 1: Turn the pocket inside out until the tissue drops out and falls to the ground. [The same procedure is followed if you made a mistake and stopped walking: do not start walking again until the item is removed from your pocket.]
- Option 2: Turn back and pick up your pace, jogging or running, without stopping along the way at all, until you return to your point of departure (the last place where you were inside an eiruv or inside an enclosed area). If that place is too far away or otherwise inaccessible, jog or run to the closest enclosed area (private domain) that you can enter, without stopping along the way at all.
But to rely on this option, two conditions must be met:- You must be sure that, since leaving the point of departure, you did not stop along the way. If, for example, you stopped before crossing a street at any point along the way, this option cannot be used.
- You will be able to return to the point of departure [or any other enclosed area] without interrupting your walk. For instance, if you have a drive or a porch that can be entered without first stopping [to open a door or gate], or if you have a valid eiruv around your property, or if there is somebody around to open your front door and allow you to enter without stopping, then you may rely on this option. Otherwise, this option should not be used.
- Option 3: Find an area classified as a makom ptur, an “exempt (neutral) area” and, while continuing to walk, remove the item from your pocket and place it on the exempt area. An exempt area is any enclosed space that is higher than 11 inches, and smaller than 14 square inches. Some common examples would be: a fire hydrant, a parking meter, a small mailbox on a post, or an emergency phone box protruding from a telephone pole. Preferably, the exempt area should be over 35 inches high.
To rely on this option, two conditions must be met:- The exempt area must be within four amos (about seven feet) of where you are standing when you realised you were carrying.
- The item must be placed on the exempt area in such a way that it can rest on it, at least for a moment. If it will roll off immediately, then it is considered as if it was placed on the street.
Important Note: The poskim debate as to which of these options is halachically superior, and there is no clear consensus. What is clear, however, is that option 1 is by far the most practical – since options 2 and 3 can only be done when several conditions are met. Therefore, unless you are clear about all the conditions necessary for options 2 and 3 – and clear enough to make the right decision on the spur of the moment – then the best choice is option 1.
Although running on Shabbos is generally not allowed, here it is permitted since it is considered as if he is running for the sake of a mitzvah; O.C. 301:1.
