WHEN HE REFUSES TO MOVE ON SHABBOS

Shabbos afternoon. The two-year-old refuses to go further. There is no eiruv in the area, so he cannot be carried home. His parents try to move him along, but he refuses to put one foot in front of the other. Are they stuck there for the day? * Selected halachos from the “One Minute Halacha” project*

HaRav Yosef Yeshaya Braun, shlita,
Mara D’asra and member of the Badatz of Crown Heights

 Does CCTV qualify as Shmira?

Technological development in CCTV (Closed Circuit Television) and internet-based applications such as Skype (a video-conferencing program) allow for remote viewing of a food-production factory, a dairy farm, a private kitchen—or even an entire home. Contemporary poskim discuss the role of synchronized video transmission in settings that require shmira (supervision) such as hashgacha (kosher certification) at a factory, Jewish supervision of milking on the farm, safeguarding the kashrus of a  kitchen when non-observant people have access to it, and averting yichud (halachically proscribed seclusion of a male and a female).

Some situations are in the category of birur milsa b’alma (clarification of facts), for example: verifying that the Jewish-owned dairy does not milk cows on Shabbos, watching the nanny-cam to make sure milk and meat remain separate in the kitchen, and even a man and a woman traveling unaccompanied in a high-rise elevator. In all these scenarios, many poskim agree that video security, especially if accompanied by real-time remote monitoring, is sufficient shmira. On the other hand, some authorities maintain that certifying milk as Chalav Yisroel (milk under Jewish supervision) requires a mashgiach (Torah-observant supervisor) to be physically present at the time of milking, and virtual supervision is not sufficient.

Even those poskim who claim that remote viewing suffices for Chalav Yisroel caution that there are many conditions for its application: a plethora of filming angles, absolute consistency in monitoring with a back-up system  in case of malfunction (such as an automatic milking-machine shutdown), and foolproof safeguards to prevent tampering with the equipment—all which may make it impractical.

When relying on CCTV in cases that are more clear-cut—yichud, for example—it is important to ensure that the cameras are monitored on a regular basis, since mirsas (fear of discovery) is a crucial component of shmira. Consistent enough shmira may be an issue, so it is important not to rely on the cameras l’chat’chilla (as a primary solution), but only as back-up.

 “WOULD YOU PLEASE LEAD THE BENTCHING?”

A guest who leads Birchas HaMazon (Grace after Meals, colloquially: bentching) bestows a bracha on his baal HaBayis (host) as part of the liturgy. In turn he is granted long life, the blessing returned to the one who blesses others. On the other hand, the Gemara warns—and so it is codified in Shulchan Aruch—a guest who refuses to lead Birchas HaMazon is withholding the bracha from the baal HaBayis and may suffer the opposite of that particular blessing, chas v’shalom (G-d forbid).

If a person has legitimate reason for declining to lead the bentching (for example, he doesn’t like to drink wine) is he exempt from his obligation?

Poskim discuss whether the imperative to lead the bentching is only so a guest does not withhold the bracha from the baal HaBayis, or if it applies to any person who is turning down the opportunity to perform a chashuve (worthy) mitzvah, represented by the cup of wine. Reasoning on both accounts would exempt a person who is not a guest and is asked to bentch with no wine at hand. There are halachic opinions that cite even one of these conditions as valid exemption.

Another factor that may contribute to permitting refusal— when most participants at the meal are literate, as is prevalent nowadays—is that each individual is bentching on their own, and is not depending on the leader’s recital of the brachos to be yotzei (fulfilling their obligation). Even if the initially appointed leader defers the position, he will still  give the baal HaBayis a bracha in his personal recitation of the bentching.

Some authorities maintain that even absent wine and in an era of increased literacy, there is a special merit for the one leading Birchas HaMazon and, if possible, a person should not refuse an invitation to lead. But if a person has justifiable reason to refuse, he may pass the honor on to another.

WHEN A CHILD DOES A SIT-DOWN ON SHABBOS

The afternoon is long, the weather is not too hot and the kids need some fresh air, so the young family goes for a Shabbos walk. After only five pleasant minutes, the activity turns sour when two-year-old Yanky refuses to go further. There is no eiruv in the area, so he cannot be carried home. His parents try to move him along, but he refuses to put one foot in front of the other. No amount of cajoling from his older siblings or the promise of treats at home does the trick. Are they stuck there for the day?

It is an issur d’Oraisa (a Biblical prohibition) to move something on Shabbos from r’shus to r’shus (one domain to another, e.g., from private to public or semi-public or vice versa) or to carry it a distance of four amos (arm-lengths, i.e. about 6 feet total) in r’shus harabim (the public domain, i.e., a main thoroughfare or a street that is directly connected to one). There is an additional issur d’rabbanan (a Rabbinic prohibition) of carrying in a karmelis (the semi-public sphere that is not a halachic r’shus harabim). 

There is also a g’zeira mi’d’Rabbanan (Decree of the Talmudic Sages) that forbids assisting living things in a r’shus harabim or karmelis on Shabbos—for example, holding up a pre-ambulant child under the arms so they can swing their legs to mimic walking (or helping an ambulant animal similarly)—as it may lead to carrying them. However, there is a heter (dispensation) based on the principle of chai nosei es atzmo (a living person carries themselves) to assist a child who is able to walk themselves, as long as they are shifting their weight from one foot to the other in the normal manner of walking. This heter does not extend to walking while carrying a child outright (even an ambulant child) nor are two adults permitted to drag a child between them.

(Likewise, two adults walking a child should not allow the child to swing between them, so the child lifts their feet off the ground and is thus carried. In a related manner, parents should not lift a child onto a stoop or low garden wall from the sidewalk.)

If the child who refuses to walk is content and protected from traffic and the elements, it would be best halachically to wait it out until the child is willing to walk on their own. But for a child who is obviously in distress or whose wellbeing might be compromised, what are possible solutions?

Form a human chain. Two adults or more can pass the child from hand to hand, each person moving less than a distance of four amos at a time. If this is not an option, then a non-Jew may carry the child until they reach their home.

An older child under Bar or Bas Mitzvah (a katan) may carry the child uninterrupted, as long as someone else hands them the child once the katan begins moving and removes the child before the katan stops. Parents utilizing this workaround should ensure that it not negatively affect their children’s chinuch (Torah education)—especially if other young siblings are present.

A single adult may carry the child less than four amos, only if none of the above options are available. To get the child home, this would mean walking in increments of less than four amos, preferably sitting down for a rest each time.

If none of the other workarounds are possible, and there is overriding concern for the child’s welfare, some poskim allow the noncompliant child to be carried when in a karmelis.

When arriving home, in all these situations, , the child should make the transition from public to private property on their own. If this is not possible, and a non-Jew isn’t available, one adult should stand on the inside and stretch out their arms outside, above the height of ten t’fachim (handbreadths, i.e., almost a meter in all), and another person should hand the child to them.

In any of these scenarios, the heter is to carry only the ambulant child themselves, so if the child is carrying something or wearing a non-garment, it should be removed before moving the child.

(None of these solutions apply when a parent is merely trying to hurry along a slow-moving child. Since most of these circumventions involve some sort of halachic loophole, they should not be planned in advance, and children who cannot be relied on as “verified” walkers or who are easily tired should not be taken out for a walk on Shabbos.)

*“One Minute Halacha” is a succinct daily presentation on practical Halacha in video, audio, and text formats, by HaRav Yosef Yeshaya Braun, shlita, Mara D’asra and member of the Badatz of Crown Heights. The daily One Minute Halacha can be accessed by phone at 718.989.9599, by email, halacha2go@gmail.com, or by WhatsApp 347.456.5665. More halacha discussion, with notes and sources, can be found at http://halacha2go.com/