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This past Shabbos, I was walking with some friends for an aufruf in another part of town. Where we started from had an eiruv, and where we were going had an eiruv, but there was an area in between that did not have an eiruv. This area actually has a shot at being a reshus harabim, as it's a highway that has many cars driving through it on a regular basis (though I'd have to check if it actually is a reshus harabim).

While we were walking through the stretch that didn't have an eiruv, my friend's yarmulke blew off. I didn't tell him anything, but he picked it up and put it back on.

So now I'm wondering what actually should have been done. Since it might make a difference:

  • What should have been done, assuming the highway was a Biblical reshus harabim (רשות הרבים דאורייתא)?
  • What should have been done, assuming that the highway was not a רשות הרבים דאורייתא?
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1 Answers1

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Even in a real public domain one can carry things within 4 Amot. (ShA OC 349)

So he was allowed to pick it up and put it on. Then he's wearing it and can continue walking.

(Though he might not have been allowed to wear it without enough clips to begin with...)

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  • Even derabanan? – andrewmh20 Dec 16 '14 at 21:21
  • @andrewmh20 I'm not sure what you are asking. – Double AA Dec 16 '14 at 21:21
  • It just sounded surprising to me that even derabanan one is allowed to carry less than 4 amot. – andrewmh20 Dec 16 '14 at 21:24
  • @andrewmh20 On the contrary! What else is someone stuck there supposed to do? You sit tight, eat your food and play solitaire. – Double AA Dec 16 '14 at 21:26
  • If he might not have been allowed to have worn it to start with -- specifically, if he wasn't allowed to -- then how can you say he's allowed to now? +1, though. – msh210 Dec 17 '14 at 04:27
  • You don't address two issues here that may bear addressing, though the answers may be obvious. 1, is the transfer off the ground akira into his hand (and the placing on his head a continuation thereof) and only his subsequent removal of the yarmulke when he reaches his destination a hanacha of it, which thus effects transfer between domains? 2, is his lifting into his hand akira and placement on his head hanacha in a different domain? – msh210 Dec 17 '14 at 04:33
  • @msh210 1) I meant he can now assuming he could to begin with 2a) Standing still is a full hanacha. 2b) A human is part of the reshut he's standing in. Otherwise you could carry over your head because it's ten tefachim off the ground. – Double AA Dec 17 '14 at 15:25