Shulchan Aruch: Chapter 516 - The Laws [Governing] which Objects are Permitted to be Sent on a Festival

Beitzah 14b.

See sec. 495:2. See also sec. 498.

Beitzah, loc. cit.

The term kilayim refers to certain Scripturally forbidden mixtures. Here, this term refers to shaatnez, a forbidden mixture of wool and linen. The Torah forbids wearing garments or robing oneself in fabrics containing such a mixture (Vayikra 19:19; Devarim 22:11).

Beitzah 15a.

This section is not extant in the Alter Rebbe’s Shulchan Aruch. See Rama (Yoreh Deah 301:2).

In that source, Rama permits sitting or leaning on stiff, firm fabrics that contain shaatnez. As Rama and the commentaries explain, although Scriptural Law forbids wearing garments that contain shaatnez, it is nonetheless Scripturally permitted to sit on fabrics that contain shaatnez. Nevertheless, our Sages forbade sitting on cloths that contain shaatnez as a safeguard, lest a portion of the fabric – or even a single thread – becomes wound around one’s flesh. However, the Sages did not extend this prohibition to stiff fabrics that are not likely to become wound around one’s flesh.

See sec. 308:85, where the Alter Rebbe mentions this issue with regard to the prohibition against moving muktzeh.

As the Alter Rebbe proceeds to explain in subsection 4 below, this restriction excludes one from sending grain.

Beitzah, loc. cit. Tefillin are not worn on a festival (see sec. 30:4).

See sec. 308:19, where the Alter Rebbe discusses whether tefillin are classified as muktzeh on Shabbos.

See the Kuntreis Acharon (note 1, summarized in footnote 10 below).

See sec. 495:9.

In his Kuntreis Acharon (note 1), the Alter Rebbe elaborates concerning the prohibition against sending a gift of grain on a festival via a karmelis. He explains that his ruling in the main text is based on Magen Avraham 516:1. In that source, Magen Avraham rules that on a festival, a person may only send grain to a friend via a place that is considered a single domain on Shabbos, e.g., between two houses located in a courtyard where an eruv has been established.

The rationale for this ruling is that on a festival, it is only permitted to transfer an article from one domain to another if the transfer facilitates observance of the festival, i.e., the transfer is for the sake of the festival. In such an instance, the transfer would be permitted if it helped the recipient properly rejoice on the festival. In contrast to this, any transfer that is not done for the sake of the festival is forbidden. One might think that since transferring an article from one domain to another via a karmelis involves merely a Rabbinic prohibition, a lenient stance may be taken. Nevertheless, even in this instance, this same principle applies.

The Alter Rebbe supports his ruling here by referring to his ruling in sec. 512:7, “[The person] must be careful not to perform any melachah for the sake of [the animal]. Even [an act forbidden] by Rabbinic Law as a shvus – e.g., to transfer [food] from a private domain to a karmelis or the like – [is forbidden]." In that instance, it could be said that transferring food for the sake of the animal is somewhat for the sake of the festival, and yet such an action is still forbidden. Hence, in this instance, where the grain would be of no use at all on the festival, and even during the week it can only be used after an action is performed, i.e., it is ground into flour, there are no grounds to permit sending it to a friend via a karmelis.

One might think that the pleasure derived from sending a gift to a friend should be reason enough to permit sending the grain. However, the Alter Rebbe explains that even though the sender may derive a certain amount of pleasure from sending the present, such a transfer is only permitted when a Jewish recipient would derive benefit from the gift on the festival, or at the very least would derive benefit from it on a weekday without having to perform an action to prepare the gift.

In his Kuntreis Acharon (note 2), the Alter Rebbe explains that his ruling in the main text is based on the wording of Rambam (Hilchos Shevisas Yom Tov 5:8) and the Shulchan Aruch of Rav Yosef Caro (Orach Chayim 516:2).

The Alter Rebbe notes that Maharshal (Yam shel Shlomoh, Beitzah 1:43) maintains that the prohibition stems from the number of people with whom the present is being sent. Therefore, Maharshal rules more stringently than Rambam and states that the prohibition applies even if the three walk alongside each other, not only if they walk one after the other in a single line. Nevertheless, the Alter Rebbe explains that his lenient ruling is based on Beitzah 14b, which specifically states that the prohibition applies when the present is being sent “in a line," indicating that it is the formation in which the people bringing the present proceed – and not their number – that causes the prohibition to apply.

See sec. 495:11 with regard to other prohibitions enacted to prevent a festival from being demeaned.

As the Alter Rebbe explains in the first paragraph of this subsection, the reason it is forbidden to send a gift to a friend with three messengers who are walking in a line is because this resembles how the item would be sent on a weekday, which is demeaning for the festival. Hence, as the Alter Rebbe specifies here, this prohibition includes sending a gift in such a manner via a courtyard or a lane that is enclosed with an eruv because it is highly likely that there will be people in the lane or courtyard who will see the gift being sent in this manner, and thus, the festival will be demeaned.

In his Kuntreis Acharon (note 3), the Alter Rebbe substantiates his ruling in the main text, that it is forbidden to send a present to a friend with three people walking in a line, even if they walk via a place where it is permitted to carry on Shabbos, if there are likely to be many people in the place the messengers are passing through. The Alter Rebbe begins by noting that Magen Avraham 316:2 rules more stringently, and maintains that the prohibition against sending a present to a friend when the present is carried by three people walking in a line even applies if the messengers carry the present via a courtyard, without qualifying that there are many people in the courtyard. The Alter Rebbe then explains that the Rishonim give two reasons for prohibiting a person from sending a present to a friend when the present is carried by three people walking in a line: Rashi in his commentary to Beitzah 14b states that the Sages enacted the prohibition because when the messengers carry the food in this manner, it appears that the food is being sent to be sold in the marketplace. Rambam (Hilchos Shevisas Yom Tov 5:8) offers a different reason for this prohibition, explaining that the prohibition was enacted so that the person sending the food does not demean the festival by following his normal weekday practice. The Alter Rebbe cites Rambam's explanationin the main text.

According to both these rationales, the restriction should not apply in a courtyard. In support, the Alter Rebbe cites Shabbos 54b, which forbids a person to let his animal go out to the public domain on Shabbos when wearing a bell, because it appears that the owner is taking his animal to the market to be sold, which seems to support Rashi's interpretation. Nevertheless, on Shabbos, it is permitted to allow an animal to wear a bell in a courtyard (see sec. 305:14). Similarly, it is forbidden to direct an animal with a staff on a festival (Beitzah 32b), because it appears that the person is taking the animal to the market to be sold (ibid. 33a; see also sec. 522:4). However, Rambam (Hilchos Shevisas Yom Tov 5:3) maintains that this prohibition was enacted so that one does not follow his weekday practice and thus demean the festival. From Rambam's wording, it appears that the prohibition does not apply in a courtyard. Therefore, it appears that in the present instance as well, it is forbidden to send a present carried by three people walking in a line in a courtyard only when it is regularly frequented by many people, and thus, the person sending the gift may inadvertently demean the festival.

Beitzah 33a raises a question as to whether this is forbidden, and leaves the matter unresolved. Therefore, since only a Rabbinic prohibition is involved, the Sages ruled leniently, and permitted this practice.

See subsection 1, above.