1)

DOES HOTZA'AH DEPEND ON OTHERS? [Shabbos :Hotza'ah]

(a)

Gemara

1.

(Beraisa - R. Shimon ben Elazar): The rule is, if Reuven stored away something that most people would not store away, and Shimon took it from Reshus ha'Yachid to Reshus ha'Rabim on Shabbos, he is liable due to Reuven's intent.

2.

Shabbos 58a (Beraisa): One may go out with a bell on his garment, but not on his neck.

3.

Question: Presumably, a bell on his neck is forbidden because we are concerned lest it fall and he will carry it. The same applies to a bell on his garment!

4.

Answer: It is woven. Rav Huna brei d'Rav Yehoshua permits anything woven.

5.

66b (Mishnah): Boys may go out with Kesharim. Princes may go out with bells. Everyone is permitted; Chachamim discussed the usual cases.

6.

If a son longs for his father, we tie a strap from the father's right shoe on the son's left hand.

7.

67a (R. Oshaya): The Mishnah is like R. Shimon, who says that Bnei Yisrael are princes.

8.

(Rava): All agree with our Mishnah. The bells are woven into the garment.

9.

128a (Abaye): The following Tana'im hold that all of Bnei Yisrael are princes - R. Shimon ben Gamliel, R. Shimon, R. Yishmael and R. Akiva.

i.

(Mishnah): Princes may rub rose oil on their wounds on Shabbos, for they anoint themselves with it even when they have no wound;

ii.

R. Shimon says, all Bnei Yisrael are princes.

10.

139b (R. Avin bar Rav Huna): One may cloak himself in a canopy and walk in Reshus ha'Rabim, without concern for the straps (for hanging it. They are not considered a load.)

11.

Question: Rav Huna taught that if one walks in Reshus ha'Rabim on Shabbos with Tzitzis that do not fulfill the Mitzvah, he is Chayav Chatas. Why is this different?

12.

Answer: Tzitzis are important. They are not Batul to the garment. Straps are Batul to the Kilah.

(b)

Rishonim

1.

Rif and Rosh (Shabbos 30b and 6:19): Our Mishnah discusses a bell woven into the garment. All agree to this.

2.

Rambam (Hilchos Shabbos 19:18): One may go out with a bell woven into his garment.

i.

Hagahos Maimoniyos (4): Some put an iron key in a belt. Maharam forbids. This is unlike bells. We permit them only if they are woven. Even if the key were considered woven, we permit only bells, which were on all garments for decoration. Even if a key were woven, perhaps it is a load. Perhaps the belt is Batel tot the key! If it were permitted, why did Chachamim need to seek Heterim through a silver key?

(c)

Poskim

1.

Shulchan Aruch (OC 301:23): Children may go out with Zagim (small bells) woven into their garments.

i.

Beis Yosef (DH Bnei): The Halachah does not follow R. Shimon, for we established him to be part of a Shitah (Tana'im who hold similarly.) Our Mishnah discusses a bell woven into the garment. Even the one who established the Mishnah like R. Shimon agrees that all permit if it is woven.

ii.

Magen Avraham (14): We do not decree lest a man take something off to show it to others. Rather, the concern is lest people laugh at him, for it seems like haughtiness, and he will take it off and carry it. Here we discuss a minor. Even if he carries it, it is not an Isur! We decree lest Bnei Melachim constantly mock him, and surely his father will hear and (perhaps) come to take it. However, if Bnei Melachim would not mock him, even if it would snap we would not be concerned lest his father take it. It is not common that his father would be there at the time it snaps.

iii.

Mishnah Berurah (79): We are not concerned lest it snap and he will carry it. Even if it is made of gold, which is normal only for princes, we are not concerned lest people laugh at him and he will take off the bell and carry it, since it is woven.

2.

Shulchan Aruch (ibid): It is forbidden if they are not woven.

i.

Mishnah Berurah (80): This is even if it is tied to the garment, and all the more so a bell (hanging) on his neck, lest it snap or fall and he will carry it. Tosfos forbids a gold bell even for minors who are not rich, if it is not woven, lest people mock him, and surely his father will hear and come to carry it in Reshus ha'Rabim.

ii.

Kaf ha'Chayim (125): Even if it is on a chain and there is no concern lest it snap, it is forbidden lest people mock him and he will come to carry it.

iii.

Kaf ha'Chayim (126): The Bach forbids even to princes. Tosfos Shabbos says that this is even if it is on a chain, for (it is forbidden for others, and) we do not distinguish.

iv.

Rema: Being connected to the garment helps only for something normally connected there. If one connected something unusual, it is forbidden.

v.

Beis Yosef (DH veha'Rashba): The Rashba (3:262) says that some villagers used to make a key at the end of a belt. They thought that it is Batel to the belt. I forbade, for anything not needed for the Keli and does not serve the Keli is not Batel to the Keli. It is as if he takes it out by itself, without the Keli. If one walks in Reshus ha'Rabim on Shabbos with Pasul Tzitzis, he is Chayav Chatas (Shabbos 139b). Tzitzis are important compared to the garment. They are not Batel to it. The same applies to a key in a belt that was not fixed for the belt's needs, rather, for its own sake. One who takes it out on Shabbos is liable.

vi.

Beis Yosef (ibid.): The same applies to a silver key. However, then we can permit, for it itself is an ornament. The Maharil (84, 157:13) says that people are lenient to consider a key fixed in a belt to be an ornament even if it is of iron. This is based on R. Peretz and the Agudah, even though Maharam denounces this, and meticulous people attach it through a silver peg.. The custom is to permit, for not everyone can afford to make it of silver. It seems that Maharam admits that of silver is a proper ornament.

vii.

Taz (13): In Saif 11, the Rema wrote that some permit (a key fixed in a belt, even if it is of iron or copper). This opinion holds that it is normal to be there, since it is like a belt. Here it is unlike a belt, so all agree that it is not Batel to the belt.

viii.

Mishnah Berurah (81): In those days, it was normal to have a bell in the garment. Therefore, we permit if it is woven. We did not decree due to one that is not woven. Since it beautifies the garment, we do not force him to remove it and be disgraced.

ix.

Mishnah Berurah (82): If it is only attached, we decreed due to one that is not attached. The Mordechai says that perhaps it is a load and one is liable for carrying it. It is not Batel to the garment, for it is not normal. This is like the Rashba cited in the Beis Yosef.

x.

Rema (ibid.): The kingdom decreed that every Yisrael wear green bands on his garment. One may wear it even if it is not sewn in, and it is just slightly connected.

xi.

Mishnah Berurah (83): Since it is normally to go out with it during the week, it is considered a garment. There is no concern lest he remove it and carry it, for he fears the kingdom. There is no concern lest it snap and he carry it, for it is not important like bells.

xii.

Rema (ibid.): One may go out with a handkerchief if it is connected to the garment.

xiii.

Taz (14): Shiltei ha'Giborim says in the name of Semag that even though the handkerchief is not a garment or ornament, since it is not important, it is Batel to the garment. The Bach says that this is only if it is sewn to the garment. Those who connect it to the belt through a knot that may not be untied on Shabbos do a full Isur. The belt is Batel to the handkerchief! There is no Heter to make the handkerchief like a belt, for he already has a belt. Rather, he ties the end of the handkerchief in the end of the belt in a temporary knot, and it is like a long belt. He girds himself with it as long as he goes in the street.

xiv.

Magen Avraham (34): It must be sewn with two stitches. Tying does not help. Why is this different than green bands, which need be only slightly attached? Those are more Batel to the garment. The Bach and Shiltei ha'Giborim hold that when it is attached to a garment, it is Batel to the garment, but it cannot be Batel to a belt. Similarly, one may go out with Kefoni sewn in back, but not with a rag tied to strings of the hat to clean his eyes.

xv.

Mishnah Berurah (84): It must be sewn well, or at least witrh two stitches. Then, it is like something woven. Zichru Toras Moshe and Mateh Asher say that nowadays it is not normal to sew a handkerchief into a garment, so it is not Batel to it, and it is Asur. Some say that since it is not important, it is Batel to the garment when it is sewn in. Some question the Taz' Heter of a temporary knot. It is good to tie it to the end of the belt with a permanent knot before Shabbos, and then it is like a long belt that he wears on Shabbos.

xvi.

Kaf ha'Chayim (130): The Taz permits only if the entire handkerchief is used to gird himself, but not if part of it hangs down. R. Zalman says that the text of the Taz should say that he ties it with a permanent knot. Mishbetzos Zahav (14) says that it can be temporary, for he makes a long belt. The handkerchief need not be Batel to the belt.

xvii.

Mishnah Berurah (85): It helps to tie it only to a garment, but not to a belt, unless it is tied to the end of the belt and he girds himself with it.

xviii.

Kaf ha'Chayim (131): Some Bochurim tie a handkerchief around their legs, and think that this is like a garter belt. This is forbidden. Perhaps it is better if the handkerchief is long and thin, like a garter belt. It is better that they be Shogeg than Mezid.

xix.

Kaf ha'Chayim (132): Some wrap a handkerchief around their neck. Where this is not the custom, it is not considered Derech Malbush (wearing). However, sometimes people do so due to the cold, so perhaps we need not protest if it is Derech Malbush. If they wrap it once and the ends hang down, this is totally Asur. They will not heed us; it is better that they be Shogeg. In any case one should tell them to wrap it around the neck.

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