Halacha
הלכה א
כָּל כְּלֵי הַמִּלְחָמָה אין יוֹצְאִין בָּהֶן בְּשַׁבָּת. וְאִם יָצָא אִם הָיוּ כֵּלִים שֶׁהֵן דֶּרֶךְ מַלְבּוּשׁ כְּגוֹן שִׁרְיוֹן וְכוֹבַע וּמַגָּפַיִם שֶׁעַל הָרַגְלַיִם הֲרֵי זֶה פָּטוּר. וְאִם יָצָא בְּכֵלִים שֶׁאֵינָן דֶּרֶךְ מַלְבּוּשׁ כְּגוֹן רֹמַח וְסַיִף וְקֶשֶׁת וְאַלָּה וּתְרִיס הֲרֵי זֶה חַיָּב:
כסף משנה
1.
We may not go out [wearing] any weaponry on the Sabbath.1I.e., this prohibition applies to all weaponry. As the Rambam continues, there are instances where carrying such weaponry violates a Torah prohibition, and other instances where the prohibition is Rabbinic in origin.This chapter represents a turning point in the structure of this text. From the middle of Chapter 12 onward, the Rambam has delineated the various factors involved in the forbidden labor of transferring articles from one domain to another. In this halachah, he begins speaking of the Rabbinic safeguards associated with this forbidden labor. [The following rules apply should one] go out [wearing weaponry]: If they are objects that are worn as garments - e.g., a coat of mail, a helmet, or iron boots2Our translation is based on the Rambam's Commentary on the Mishnah (Shabbat 6:2). - one is not liable. If, however, one goes out [carrying]3Even when hanging from one's garments - e.g., a sword in a scabbard attached to one's belt. articles that are not worn as garments - e.g., a spear, a sword, a bow, a round shield4Our translation is based on the Rambam's Commentary on the Mishnah (Shabbat 6:4). Rashi (Shabbat 63a) renders this term as "a mace." or a triangular shield - he is liable.5The Rambam's ruling is based on Shabbat 63a, which mentions a difference of opinion between the Sages and Rabbi Eliezer. Our Sages rule that one is liable, while Rabbi Eliezer differs and states that one is not liable for carrying weapons, for they are ornaments, like jewelry.
Our Sages support their position by quoting Isaiah's (2:4) prophecy of the Era of the Redemption, "And they shall beat their swords into plowshares.... Nation shall not lift up sword against nation...." Since weaponry will be nullified in that era of ultimate fulfillment, it is a sign that it is not a true and genuine ornament.
The Lechem Mishneh (in his gloss on Hilchot Teshuvah 8:7) notes that there is a slight difficulty with the Rambam's ruling. The Talmud associates the opinion of the Sages (which the Rambam accepts) with the conception that Mashiach's coming will initiate a miraculous world order, and Rabbi Eliezer's ruling with the opinion of Shemuel that "there is no difference between the present era and the Messianic era except [for the emancipation from] the dominion of [gentile] powers." In Hilchot Teshuvah 9:2, and more explicitly in Hilchot Melachim 12:1-2, the Rambam explains Shmuel's position, stating:
One should not entertain the thought that in the Messianic era any element of the natural order will be nullified, or that there will be an innovation in the order of creation. On the contrary, the world will continue according to its pattern.
Nevertheless, this approach does not necessarily contradict the Rambam's rulings here. The Rambam also maintains that war will be nullified in the Messianic era, as he writes (loc. cit. 12:5): "In that era, there will be neither famine nor war, neither envy nor competition." Nevertheless, its nullification will not come because of miracles that defy the natural order, but because of the reasons he continues to mention in that halachah - that "good will flow in abundance" and "'the world will be filled with the knowledge of God' (Isaiah 11:9 ."
הלכה ב
אֵין יוֹצְאִין בְּסַנְדָּל מְסֻמָּר שֶׁסְּמָרוֹ לְחַזְּקוֹ. וַאֲפִלּוּ בְּיוֹם טוֹב גָּזְרוּ עָלָיו שֶׁלֹּא יֵצֵא בּוֹ. וּמֻתָּר לָצֵאת בְּאַבְנֵט שֶׁיֵּשׁ עָלָיו חֲתִיכוֹת קְבוּעוֹת שֶׁל כֶּסֶף וְשֶׁל זָהָב כְּמוֹ שֶׁהַמְּלָכִים עוֹשִׂין. מִפְּנֵי שֶׁהוּא תַּכְשִׁיט וְכָל שֶׁהוּא תַּכְשִׁיט מֻתָּר. וְהוּא שֶׁלֹּא יְהֵא רָפוּי שֶׁמָּא יִפּל בִּרְשׁוּת הָרַבִּים וְיָבוֹא לַהֲבִיאוֹ:
כסף משנה
2.
We may not go out wearing a sandal studded with nails to fasten it.6The Ritba (in his gloss on Shabbat 60a) states that these nails were used to fasten the soles of the sandals to the upper portion.In his Commentary on the Mishnah [Shabbat 6:2 (based on Shabbat, loc. cit., and Beitzah 14b)], the Rambam explains that in an era of religious oppression, many Jews gathered together for prayer and study in a hidden place. When they heard a noise outside, they suspected that they had been discovered by their enemies and panicked. In the confusion, hundreds were crushed by these nailed sandals. Even on festivals, the Sages decreed that we should not go out wearing [such sandals].7Since these are days of public assembly, our Sages felt that wearing these sandals would arouse disturbing memories of the abovementioned incident.
There is a question whether the prohibitions against wearing such sandals apply at present despite the fact that our nailed sandals are made differently from those of Talmudic times. Rabbenu Yitzchak Alfasi quotes this prohibition in his Halachot. Since he mentions only those laws that are relevant in the post-Talmudic era, this inclusion would seem to imply that the prohibition should be followed now as well. Rabbenu Asher differs. Significantly, Rav Yosef Karo does not mention this prohibition in his Shulchan Aruch, nor does the Ramah refer to it in his gloss on that text.
It is permitted to go out wearing a belt with pieces of gold and silver imbedded into it as kings wear, for this is a piece of jewelry, and it is permitted [to wear] all jewelry. [This license is granted] provided [the belt] does not hang loosely, lest it fall in the public domain and one go and bring it.8This reason, that perhaps an article will fall and be carried in the public domain, is mentioned several times throughout this chapter and is relevant to both men and women.
הלכה ג
טַבַּעַת שֶׁיֵּשׁ עָלֶיהָ חוֹתָם מִתַּכְשִׁיטֵי הָאִישׁ הִיא וְאֵינָהּ מִתַּכְשִׁיטֵי הָאִשָּׁה. וְשֶׁאֵין עָלֶיהָ חוֹתָם מִתַּכְשִׁיטֵי אִשָּׁה וְאֵינָהּ מִתַּכְשִׁיטֵי הָאִישׁ. לְפִיכָךְ אִשָּׁה שֶׁיָּצָאת בְּטַבַּעַת שֶׁיֵּשׁ עָלֶיהָ חוֹתָם. וְאִישׁ שֶׁיָּצָא בְּטַבַּעַת שֶׁאֵין עָלֶיהָ חוֹתָם חַיָּבִין. וּמִפְּנֵי מָה הֵן חַיָּבִין וַהֲרֵי הוֹצִיאוּ אוֹתָן שֶׁלֹּא כְּדֶרֶךְ הַמּוֹצִיאִין שֶׁאֵין דֶּרֶךְ הָאִישׁ לְהוֹצִיא בְּאֶצְבָּעוֹ אֶלָּא טַבַּעַת הָרְאוּיָה לוֹ וְכֵן הָאִשָּׁה אֵין דַּרְכָּהּ לְהוֹצִיא בְּאֶצְבָּעָהּ אֶלָּא טַבַּעַת הָרְאוּיָה לָהּ. מִפְּנֵי שֶׁפְּעָמִים נוֹתֵן הָאִישׁ טַבַּעְתּוֹ לְאִשְׁתּוֹ לְהַצְנִיעָהּ בַּבַּיִת וּמַנַּחַת אוֹתָהּ בְּאֶצְבָּעָהּ בְּעֵת הוֹלָכָה. וְכֵן הָאִשָּׁה נוֹתֶנֶת טַבַּעְתָּהּ לְבַעְלָהּ לְתַקְּנָהּ אֵצֶל הָאֻמָּן וּמַנִּיחַ אוֹתָהּ בְּאֶצְבָּעוֹ בְּעֵת הוֹלָכָה עַד חֲנוּת הָאֻמָּן וְנִמְצְאוּ שֶׁהוֹצִיאוּ אוֹתָן כְּדֶרֶךְ שֶׁדַּרְכָּן לְהוֹצִיאָן וּלְפִיכָךְ חַיָּבִין:
כסף משנה
3.
A ring that has a seal9As reflected by Esther 3:10 and other sources, in Biblical and Talmudic times men wore signet rings, using the seal to authorize their approval of documents. is considered to be a piece of jewelry for a man, but not for a woman. A ring without a seal, by contrast, is considered to be a piece of jewelry for a woman,10The commentaries draw attention to a problematic statement in the Rambam's Commentary on the Mishnah (Shabbat 6:1), where he states that a ring without a seal is somewhat like, but not exactly, a piece of jewelry for women. but not for a man. Accordingly, a woman who goes out wearing a ring that has a seal and a man who goes out wearing a ring without a seal are liable.11Since these rings are not considered to be jewelry for these individuals, they are considered to be carrying them in the public domain.Why are they liable? They did not transfer them in an ordinary manner12As mentioned in Chapter 12, Halachot 12-14, a person is liable for transferring an article only when he does so in an ordinary fashion. - i.e., it is not an ordinary practice for a man to wear a ring on his finger that is not appropriate for him, nor for a woman to wear a ring on her finger that is not appropriate for her. [Nevertheless,] there are times when a man gives his ring to his wife to hide at home and she places it on her finger while she is walking. Similarly, there are times when a woman gives her ring to her husband to take to a jeweler to fix, and he places it on his finger while he is walking to the jeweler's store. Therefore, [although the rings are not appropriate for the individuals mentioned above, because they do occasionally wear such rings,] they are considered to have transferred them in an ordinary manner. Accordingly, they are liable.
הלכה ד
לֹא תֵּצֵא אִשָּׁה בְּטַבַּעַת שֶׁאֵין עָלֶיהָ חוֹתָם אַף עַל פִּי שֶׁהוּא מִתַּכְשִׁיטֶיהָ גְּזֵרָה שֶׁמָּא תּוֹצִיאָהּ בִּרְשׁוּת הָרַבִּים לְהַרְאוֹת לְחַבְרוֹתֶיהָ כְּדֶרֶךְ שֶׁהַנָּשִׁים עוֹשׂוֹת תָּמִיד. וְאִם יָצָאת בָּהּ פְּטוּרָה. אֲבָל הָאִישׁ מֻתָּר לָצֵאת בְּטַבַּעַת שֶׁיֵּשׁ עָלֶיהָ חוֹתָם מִפְּנֵי שֶׁהוּא תַּכְשִׁיט וְאֵין דַּרְכּוֹ לְהֵרָאוֹת. וְנָהֲגוּ כָּל הָעָם שֶׁלֹּא יֵצְאוּ בְּטַבַּעַת כְּלָל:
כסף משנה
4.
Although a ring that does not have a seal is considered to be a piece of jewelry for a woman, a woman should not go out wearing such a ring, lest she take it off in the public domain and show it to her friends, as women often do.13This point is mentioned several times in this chapter as a rationale for restrictions governing women's wearing jewelry in the public domain. If, however, she went out wearing such a ring, she is not liable.14Although all Talmudic authorities prohibit women from wearing jewelry in public on the Sabbath, from the era of the Geonim onward, and particularly in the Ashkenazic community, it has become customary for women to do so. Among the rationales offered by the Rabbis (Tosafot, Shabbat 64b; Shulchan Aruch, Orach Chayim 303:18) for this leniency are:a) Today, there is no concept of a true public domain, for there are no places through which 600,000 people pass at one time. Since the restrictions against carrying in a carmelit are only safeguards against carrying in a public domain, it would be improper to impose a safeguard against carrying in a carmelit, for a safeguard is not instituted to protect a safeguard.
[There are several difficulties with this rationale: Firstly, many Rishonim (including the Rambam) do not accept this principle. Furthermore, today many large metropolises are a public domain according to all views.]
b) The socio-economic climate of the age has changed. In the Talmudic period, most women did not have jewelry, nor did they see their friends that often, nor did they have private places in which to socialize. Therefore, there was reason for the concern that jewelry would be taken off and displayed in the public domain. When the above mentioned conditions changed, this suspicion no longer applied, and there was no reason for this stringency.
A man, by contrast, may go out wearing a ring that has a seal, for it is considered to be a piece of jewelry for him and it is not usual practice for a man to show off [his jewelry to others].15Indeed, our Sages never imposed any restrictions on men's carrying in the public domain for this reason. It has, [nevertheless,] become accepted practice for people to go out without wearing any rings at all.
הלכה ה
אִשָּׁה שֶׁיָּצְאָה בְּמַחַט נְקוּבָה חַיֶּבֶת וְהָאִישׁ פָּטוּר. וְאִישׁ שֶׁיָּצָא בְּמַחַט שֶׁאֵינָהּ נְקוּבָה חַיָּב וְהָאִשָּׁה פְּטוּרָה מִפְּנֵי שֶׁהִיא מִתַּכְשִׁיטֶיהָ וְאֵינָהּ אֲסוּרָה אֶלָּא גְּזֵרָה שֶׁמָּא תַּרְאֶה לְחַבְרוֹתֶיהָ. זֶה הַכְּלָל כָּל הַיּוֹצֵא בְּדָבָר שֶׁאֵינוֹ מִתַּכְשִׁיטָיו וְאֵינוֹ דֶּרֶךְ מַלְבּוּשׁ וְהוֹצִיאוֹ כְּדֶרֶךְ שֶׁמּוֹצִיאִין אוֹתוֹ דָּבָר חַיָּב. וְכָל הַיּוֹצֵא בְּדָבָר שֶׁהוּא מִתַּכְשִׁיטָיו וְהָיָה רָפוּי וְאֶפְשָׁר שֶׁיִּפּל בִּמְהֵרָה וְיָבֹא לַהֲבִיאוֹ בִּרְשׁוּת הָרַבִּים. וְכֵן אִשָּׁה שֶׁיָּצָאת בְּתַכְשִׁיטִין שֶׁדַּרְכָּן לִשְׁלֹף אוֹתָן וּלְהַרְאוֹתָן הֲרֵי אֵלּוּ פְּטוּרִין. וְכָל דָּבָר שֶׁהוּא תַּכְשִׁיט וְאֵינוֹ נוֹפֵל וְאֵין דַּרְכָּהּ לְהַרְאוֹתוֹ הֲרֵי זֶה מֻתָּר לָצֵאת בּוֹ. לְפִיכָךְ אֶצְעָדָה שֶׁמַּנִּיחִין אוֹתָהּ בַּזְּרוֹעַ אוֹ בַּשּׁוֹק יוֹצְאִין בָּהּ בְּשַׁבָּת וְהוּא שֶׁתִּהְיֶה דְּבוּקָה לַבָּשָׂר וְלֹא תִּשָּׁמֵט. וְכֵן כָּל כַּיּוֹצֵא בָּזֶה:
כסף משנה
5.
A woman who goes out [wearing] a pin with an eye is liable,16Since it has an eye, it is used as a needle for sewing, and therefore is not considered an ornament. Women are liable for transferring them on the Sabbath, because they frequently sew, and often carry needles by sticking them in their clothes. Hence, they are considered to have carried the needle in an ordinary manner. while a man is not liable.17With the exception of a tailor, a man is not liable for carrying a needle stuck in his clothes on the Sabbath, since this is not the ordinary way in which these items are carried.Our explanation in this and the previous note follows the interpretation of Rabbenu Avraham, the Rambam's son (Birkat Avraham 16). It must be emphasized that the Rambam's rulings in Halachah 21 present a difficulty to this explanation. Rav Kapach offers a resolution to this difficulty by explaining that Halachah 20 refers to a needle which is a symbol of the tailor's trade. Wearing it is not considered to be transferring an article in the ordinary manner. In contrast, the present halachah refers to a functional needle that is carried in a craftsman's garment from time to time.
Significantly, Rashi and other Rishonim interpret Shabbat 62a, the source for this halachah, differently. Their views are given greater emphasis by the Shulchan Aruch (Orach Chayim 301:8). A man who goes out [wearing] a pin without an eye is liable,18Since it is not a piece of jewelry for him. while a woman is not liable, for this is considered to be a piece of jewelry for her.19Shabbat 60a relates that ordinarily these pins would have a gold plate attached to them. The pointed end of the pin would be stuck into her head-covering, and the plate would hang down over her forehead. She is prohibited against wearing it only because of a decree lest she [take it off and] show it to her friends.
The [following] general principles apply: Whenever a person goes out wearing an item that is not considered to be jewelry for him, and it is not [worn as] a garment, he is liable if he transfers it in an ordinary manner.
Whenever a man goes out wearing a piece of jewelry that hangs loosely and could easily fall and thus cause him to bring it through the public domain, and similarly, whenever a woman goes out wearing a piece of jewelry that she is likely to take off and show [to her friends], they are not liable.
Whenever an adornment that is not likely to fall, nor is it likely to be shown to others, [a woman] is permitted to go out [wearing] it. Therefore, she may go out [wearing] a bracelet that is placed on the forearm or [a garter that is placed on] the thigh if it clings tightly to the flesh and will not slip off.20Our translation is based on the Rambam's Commentary on the Mishnah (Shabbat 6:4). As mentioned in the Shulchan Aruch (Orach Chayim 303:15), there are authorities who forbid the wearing of forearm bracelets. These rules apply in other similar situations.
הלכה ו
לֹא תֵּצֵא אִשָּׁה בְּחוּטֵי צֶמֶר אוֹ בְּחוּטֵי פִּשְׁתָּן אוֹ בִּרְצוּעוֹת הַקְּשׁוּרוֹת לָהּ עַל רֹאשָׁהּ שֶׁמָּא תַּחְלֹץ אוֹתָהּ בִּשְׁעַת טְבִילָה וְתַעֲבִירָהּ בִּרְשׁוּת הָרַבִּים. וְלֹא בְּצִיץ שֶׁמַּנַּחַת בֵּין עֵינֶיהָ וְלֹא בִּלְחָיַיִם שֶׁל זָהָב שֶׁיּוֹרְדִין מִן הַצִּיץ עַל לְחָיֶיהָ בִּזְמַן שֶׁאֵינָן תְּפוּרִין זֶה בָּזֶה. וְלֹא בַּעֲטָרָה שֶׁל זָהָב שֶׁמֻּנַּחַת בְּרֹאשָׁהּ וְלֹא בִּכְבָלִים שֶׁיּוֹצְאִין בָּהֶן הַבָּנוֹת בְּרַגְלֵיהֶן כְּדֵי שֶׁלֹּא יִפְסְעוּ פְּסִיעָה גַּסָּה שֶׁלֹּא יַפְסִידוּ בְּתוּלֵיהֶן. כָּל אֵלּוּ אֲסוּרִין לָצֵאת בָּהֶן בְּשַׁבָּת שֶׁמָּא יִפְּלוּ וּתְבִיאֵן בְּיָדָהּ:
כסף משנה
6.
A woman should not go out with woolen strands, linen strands, or straps attached to her head lest she remove them when she immerses herself21These threads are tied to the woman's hair. Accordingly, they would be considered to be a חציצה, "intervening substance," and would have to be removed before immersion (see Hilchot Mikvaot 1:12, 2:5). The suspicion is that afterwards, they would be carried in the public domain. and carry them in the public domain.She should not go out [wearing] a frontlet on her forehead,22In his Commentary on the Mishnah [Shabbat 6:1 (based on Shabbat 57b), the Rambam describes this as a gold plate extending on the forehead from ear to ear. nor with bangles of gold that hang from the frontlet on her cheeks if they are not sewn together.23In his Commentary on the Mishnah [loc. cit. (according to Rav Kapach's translation), which is based on Shabbat 57b], the Rambam adds "and are sewn into her head-covering." Since a woman is not likely to remove her head-covering entirely when her jewelry is sewn into it, we do not suspect that she will take it off and show it to her friends in the public domain. (See Halachah 10.)
This interpretation (which resolves the question the Ra'avad raises in his gloss on this halachah and which reflects the interpretation of our Sages, Shabbat 57b) presents difficulties, because of the Rambam's final clause, "It is forbidden to go out [wearing] any of these articles, lest they fall and one carry them by hand." Note the commentaries of the Merkevet HaMishneh and the Seder HaMishneh, who address themselves to this difficulty. Nor may [she go out wearing] a crown of gold on her head,24A golden crown engraved with an impression of the city of Jerusalem. nor with the ankle chains worn by maidens so that they will not take long strides and thus destroy [the signs of] their virginity.
It is forbidden to go out [wearing] any of these articles lest they fall and one carry them by hand.
הלכה ז
לֹא תֵּצֵא אִשָּׁה בְּקַטְלָא שֶׁבְּצַוָּארָה וְלֹא בְּנִזְמֵי הָאַף וְלֹא בִּצְלוֹחִית שֶׁל פְּלַיָּיטוֹן הַקְּבוּעָה עַל זְרוֹעָהּ. וְלֹא בַּכִּיס הַקָּטָן הֶעָגל שֶׁמַּנִּיחִין בּוֹ שֶׁמֶן הַטּוֹב וְהוּא הַנִּקְרָא כּוֹבֶלֶת. וְלֹא בְּפֵאָה שֶׁל שֵׂעָר שֶׁמַּנַּחַת עַל רֹאשָׁהּ כְּדֵי שֶׁתֵּרָאֶה בַּעֲלַת שֵׂעָר הַרְבֵּה. וְלֹא בְּכָבוּל שֶׁל צֶמֶר שֶׁמַּקֶּפֶת אוֹתוֹ סָבִיב לְפָנֶיהָ. וְלֹא בְּשֵׁן שֶׁמַּנַּחַת בְּפִיהָ בִּמְקוֹם שֵׁן שֶׁנָּפַל. וְלֹא בְּשֵׁן שֶׁל זָהָב שֶׁמַּנַּחַת עַל שֵׁן שָׁחֹר אוֹ אָדֹם שֶׁיֵּשׁ בְּשִּׁנֶּיהָ. אֲבָל שֵׁן שֶׁל כֶּסֶף מֻתָּר מִפְּנֵי שֶׁאֵינוֹ נִכָּר. כָּל אֵלּוּ אֲסוּרִין לָצֵאת בָּהֶן שֶׁמָּא יִפְּלוּ וּתְבִיאֵם בְּיָדָהּ אוֹ תַּחְלֹץ וְתַרְאֶה לְחַבְרוֹתֶיהָ:
כסף משנה
7.
A woman should not go out [wearing] a necklace,25In his Commentary on the Mishnah (Shabbat 6:1), the Rambam interprets this as a necklace with golden beads. Rashi (Shabbat 57b, 59b) interprets this as referring to a golden choker necklace. (See the notes on Halachah 4 regarding the Rabbinic opinions regarding wearing jewelry at present.) a nose ring,26Significantly, even in Talmudic times earrings were permitted. Rashi explains that this leniency was granted because earrings are difficult to remove. The Ramah (Orach Chayim 303:8) offers a different rationale: that a woman's head covering would cover her ears as well. Hence, there is no need to worry about her showing the earrings to her friends. a flask of perfume27In his Commentary on the Mishnah (Shabbat 6:3), the Rambam mentions that musk would usually be carried. attached to her forearm, a small round pouch28In his Commentary on the Mishnah (Shabbat, loc. cit.), the Rambam mentions that this pouch was also attractive, being made of gold or silver. in which balsam oil29Balsam oil is renowned for its pleasant fragrance. is placed, referred to as a cochellet.30Significantly, our text of the Mishnah states kovellet, replacing the כ with a ב. The meaning of the term, however, does not change.Nor should she wear a wig that will give the appearance that she has a full head of hair,31This refers to attractive hair glued to a thin surface and placed on a woman's head (Rambam's Commentary on the Mishnah, Shabbat 6:5).
Needless to say, in addition to the more inclusive leniencies involving jewelry in general, the nature of wigs and false teeth are different today. Therefore, there is no difficulty in wearing these items in the public domain. nor a woolen pad that goes around her face,32This pad was placed on a woman's forehead beneath the frontlet of gold (Shabbat 57b) in a manner similar to the woolen pad that the High Priest would wear under his forehead plate (Chulin 138a). Apparently this pad was also attractive and could serve as an ornament in its own right. nor a false tooth, nor a golden crown that she places over a black tooth or a red blemish that she has on her teeth. She may go out with a silver tooth, because this is not obvious.
All these prohibitions were instituted lest {the article fall and [the woman] carry it in her hand or}33This clause is set off by braces, because based on manuscript copies of the Mishneh Torah and early printings, it appears to be a printer's addition and not part of the Rambam's original text. According to the Rambam, this suspicion is not relevant with regard to these particular articles. lest she remove it and show it to a friend.
הלכה ח
כָּל שֶׁאָסְרוּ חֲכָמִים לָצֵאת בּוֹ לִרְשׁוּת הָרַבִּים אָסוּר לוֹ לָצֵאת בּוֹ אֲפִלּוּ בְּחָצֵר שֶׁאֵינָהּ מְעֹרֶבֶת. חוּץ מִכָּבוּל וּפֵאָה שֶׁל שֵׂעָר שֶׁמֻּתָּר לָצֵאת בָּהֶן לְחָצֵר שֶׁאֵינָהּ מְעֹרֶבֶת כְּדֵי שֶׁלֹּא תִּתְגַּנֶּה עַל בַּעְלָהּ. וְהַיּוֹצֵאת בִּצְלוֹחִית שֶׁל פְּלַיָּיטוֹן שֶׁאֵין בָּהּ בּשֶֹׁם כְּלָל חַיֶּבֶת:
כסף משנה
8.
Whenever the Sages forbade wearing an item in the public domain, it is forbidden to go out [wearing] that item even in a courtyard for which there is no eruv.34Although the prohibition against carrying in such a courtyard is Rabbinic in origin and there is no possibility of transgressing a Torah prohibition, our Sages imposed the restrictions against carrying there as well. The Maggid Mishneh explains that this is not considered as instituting "a safeguard for a safeguard." Were women allowed to wear these adornments in a courtyard, they would most likely inadvertently proceed into the public domain while wearing them.The Maggid Mishneh also explains that according to the Rambam, there appears to be no prohibition against women wearing such articles at home. We do not suspect that they will inadvertently go outside while wearing them. Other Rishonim (the Ramban and the Rashba) differ and prohibit wearing ornaments even in one's home. As mentioned above, however, at present it is customary to adopt a more lenient approach regarding the entire issue of wearing jewelry. An exception is made with regard to a face pad and a wig; permission is granted to go out [wearing] them to a courtyard where there is no eruv so that [the woman] would not appear unattractive to her husband.
A woman who goes out [carrying] an empty flask with no perfume is liable.
הלכה ט
יוֹצְאָה אִשָּׁה בְּחוּטֵי שֵׂעָר הַקְּשׁוּרִים לָהּ עַל רֹאשָׁהּ מִפְּנֵי שֶׁהַמַּיִם בָּאִין בָּהֶן וְאֵינָן חוֹצְצִין וְאֵינָהּ חוֹלַצְתָּן אִם אֵרְעָה לָהּ טְבִילָה עַד שֶׁנִּגְזֹר שֶׁמָּא תְּבִיאֵם לִרְשׁוּת הָרַבִּים. בֵּין שֶׁהָיוּ הַחוּטִין שֶׁלָּהּ בֵּין שֶׁל חֲבֶרְתָּהּ בֵּין שֶׁל בְּהֵמָה. וְלֹא תֵּצֵא הַזְּקֵנָה בְּשֶׁל יַלְדָּה שֶׁשֶּׁבַח הֵן לָהּ וְשֶׁמָּא תַּחְלֹץ וְתַרְאֵם לְחַבְרוֹתֶיהָ. אֲבָל יַלְדָּה יוֹצֵאת בְּחוּטֵי זְקֵנָה. וְכָל שֶׁהוּא אָרוּג יוֹצֵאת בּוֹ עַל רֹאשָׁהּ:
כסף משנה
9.
A woman may go out [wearing] strands of hair that are attached to her head.35In contrast to the strands of wool or linen mentioned in Halachah 6. As the Rambam continues to explain, the reasons the Sages forbade wearing strands from other fabrics do not apply in this instance. Water passes through them and they are therefore not considered to be an interposing substance were she to immerse herself. [Consequently,] she will not remove them. Hence, there is no necessity to prohibit [wearing them lest she remove them] and carry them into the public domain.This applies regardless of whether [the strands of hair were taken from] the woman's own tresses, those of another woman, or from an animal.36See Shabbat 64b for an explanation why it is necessary to mention all three instances. An elderly woman should not, however, go out [wearing strands of hair from] a young woman, for they are becoming to her, [and we fear that] she might remove them and show them to a friend. A young woman, by contrast, may go out [wearing] strands of hair from an elderly woman.37Based on an alternate interpretation [or perhaps an alternate version] of Shabbat 64b, Rabbenu Asher and others differ and also forbid a young woman from wearing strands of hair from an elderly woman.
Any woven hair-covering may be worn.
הלכה י
יוֹצְאָה אִשָּׁה בְּחוּטִין שֶׁבְּצַוָּארָה מִפְּנֵי שֶׁאֵינָהּ חוֹנֶקֶת עַצְמָהּ בָּהֶן וְאֵינָן חוֹצְצִין. וְאִם הָיוּ צְבוּעִין אֲסוּרִים שֶׁמָּא תַּרְאֶה אוֹתָן לְחַבְרוֹתֶיהָ. וְיוֹצְאָה אִשָּׁה בְּכָלִיל שֶׁל זָהָב בְּרֹאשָׁהּ שֶׁאֵין יוֹצְאָה בּוֹ אֶלָּא אִשָּׁה חֲשׁוּבָה שֶׁאֵין דַּרְכָּהּ לַחֲלֹץ וּלְהַרְאוֹת. וְיוֹצְאָה בְּצִיץ וּבִלְחָיַיִם שֶׁל זָהָב בִּזְמַן שֶׁהֵן תְּפוּרִין בִּשְׂבָכָה שֶׁעַל רֹאשָׁהּ כְּדֵי שֶׁלֹּא יִפּלוּ. וְכֵן כָּל כַּיּוֹצֵא בָּהֶם:
כסף משנה
10.
A woman may go out [wearing] strands38Even of wool and linen. As the Rambam continues to explain, the reasons why it was forbidden to wear strands of these fabrics tied to one's hair do not apply in this instance. [tied around] her neck, because she does not tie them tightly,39It is, however, forbidden for a woman to wear a choker necklace (Maggid Mishneh). and they are therefore not considered to be an interposing substance [with regard to ritual immersion]. If, however, they are colored, she may not go out wearing them, lest she show them to a friend.A woman may go out wearing a golden diadem, since these are worn only by dignified woman who are not accustomed to removing [their jewelry] and showing them to their friends.40This ruling serves as the basis for some of the lenient opinions mentioned in the notes on Halachah 4, which allow women to wear jewelry in the public domain at present. All our women are dignified and are not accustomed to removing their jewelry and showing it to their friends. A woman may also go out [wearing] a frontlet on her forehead with bangles of gold [that hang from the frontlet], provided they are sewn into her head-covering so that they do not fall.41See Halachah 6 and notes. The same applies in all similar situations.
הלכה יא
יוֹצְאָה אִשָּׁה בְּמוֹךְ שֶׁבְּאָזְנָהּ וְהוּא שֶׁיִּהְיֶה קָשׁוּר בְּאָזְנָהּ. וּבְמוֹךְ שֶׁבְּסַנְדָּלָהּ וְהוּא שֶׁיִּהְיֶה קָשׁוּר בְּסַנְדָּלָהּ. וּבְמוֹךְ שֶׁהִתְקִינָה לְנִדָּתָהּ וְאַף עַל פִּי שֶׁאֵינוֹ קָשׁוּר וַאֲפִלּוּ עָשְׂתָה לוֹ בֵּית יָד שֶׁאִם נָפַל אֵינָהּ מְבִיאָה אוֹתוֹ מִפְּנֵי מְאִיסוּתוֹ:
כסף משנה
11.
A woman may go out with wadding in her ear42To absorb the fluids it produces (Rashi, Shabbat 64b). provided it is attached to her ear, with wadding in her sandal43To make walking more comfortable (ibid.). provided it is attached to her sandal, and with wadding for her menstrual discharge44As reflected by the Shulchan Aruch (Orach Chayim 301:13), this applies only when the woman's intent is that the blood from the discharge will not cause her discomfort when it dries. If her intent is to prevent the discharge from soiling her clothes, it is forbidden. See Halachah 22. even though it is not attached. [The latter rule applies] even if it has a handle. Since it is repulsive, even if it falls, she would not carry it.הלכה יב
וְיוֹצְאָה בְּפִלְפֵּל וּבְגַרְגִּיר מֶלַח וּבְכָל דָּבָר שֶׁתִּתֵּן לְתוֹךְ פִּיהָ מִפְּנֵי רֵיחַ הַפֶּה. וְלֹא תִּתֵּן לְכַתְּחִלָּה בְּשַׁבָּת. יוֹצְאוֹת הַנָּשִׁים בְּקֵיסָמִין שֶׁבְּאָזְנֵיהֶן וּבִרְעָלוֹת שֶׁבְּצַוָּארָן אוֹ שֶׁבִּכְסוּתָן וּבָרְדִיד הַפָּרוּף וּפוֹרֶפֶת בַּתְּחִלָּה בְּשַׁבָּת עַל הָאֶבֶן וְעַל הָאֱגוֹז וְיוֹצְאָה. וְלֹא תַּעֲרִים וְתִפְרֹף עַל הָאֱגוֹז כְּדֵי לְהוֹצִיאוֹ לִבְנָהּ הַקָּטָן. וְכֵן לֹא תִּפְרֹף עַל הַמַּטְבֵּעַ לְכַתְּחִלָּה מִפְּנֵי שֶׁאָסוּר לְטַלְטְלוֹ. וְאִם פָּרְפָה יוֹצְאָה בּוֹ:
כסף משנה
12.
She may go out with pepper, a grain of salt, or any other substance that is placed in the mouth [to prevent] bad breath. She should not, however, place these substances in her mouth on the Sabbath itself.45I.e., if a woman had such a substance in her mouth before the Sabbath, she may continue holding it in her mouth on the Sabbath. She may not, however, place these substances in her mouth on the Sabbath itself, nor may she return such a substance to her mouth if it falls out.Based on Chapter 21, Halachah 24, it appears that the restrictions on placing a substance in one's mouth on the Sabbath to prevent bad breath apply only when one will continue carrying those substances in one's mouth outside.
Women may go out [wearing] slivers of wood in their ears,46So that the holes in their pierced ears will not close (Rambam's Commentary on the Mishnah, Shabbat 6:6). or with bells47Our translation is based on the Rambam's Commentary on the Mishnah, ibid. Rashi (Shabbat 65a) and others translate רעולות as "veiled." See the notes on Halachah 18, which discuss the laws regarding wearing bells on the Sabbath. on their necks or garments, and with a cloak fastened with a make-shift button.48Jewish women living in Media would wear a coat with a strap in one of its upper corners. They would place a stone, nut, coin, or the like under the cloak to serve as a makeshift button. The strap would be looped around this button to fasten the cloak closed (Rashi, loc. cit.).
Indeed, a woman may fasten her cloak in this manner using a stone or a nut49The Shulchan Aruch (Orach Chayim 303:22) emphasizes that a stone must be set aside for this purpose before the commencement of the Sabbath. Otherwise, it is muktzeh and is forbidden to be moved. on the Sabbath and go out, provided she does not [use this leniency as] a ruse and use a nut for this purpose in order to bring it to her young son. Similarly, she should not fasten her cloak in this manner using a coin,50Even if a coin was set aside for this purpose before the Sabbath, it is still considered to be muktzeh (Shulchan Aruch, loc. cit.). for it is forbidden to carry it. If her cloak was fastened [using a coin],51Before the commencement of the Sabbath (Shulchan Aruch, loc. cit.). she may go out wearing it.
הלכה יג
יוֹצֵא אָדָם בְּקֵיסָם שֶׁבְּשִׁנָּיו וְשֶׁבְּסַנְדָּלוֹ לִרְשׁוּת הָרַבִּים. וְאִם נָפַל לֹא יַחֲזִיר. וּבְמוֹךְ וּבִסְפוֹג שֶׁעַל גַּבֵּי הַמַּכָּה וּבִלְבַד שֶׁלֹּא יִכְרֹךְ עֲלֵיהֶן חוּט אוֹ מְשִׁיחָה שֶׁהֲרֵי הַחוּט וְהַמְּשִׁיחָה חֲשׁוּבִין אֶצְלוֹ וְאֵינָם מוֹעִילִין לַמַּכָּה. וְיוֹצֵא בִּקְלִפַּת הַשּׁוּם וּבִקְלִפַּת הַבָּצָל שֶׁעַל הַמַּכָּה וּבְאֶגֶד שֶׁעַל גַּבֵּי מַכָּה וְקוֹשְׁרוֹ וּמַתִּירוֹ בְּשַׁבָּת. וּבְאִסְפְּלָנִית וּמְלוּגְמָא וּרְטִיָּה שֶׁעַל גַּבֵּי הַמַּכָּה וּבְסֶלַע שֶׁעַל הִצִּינִית וּבְבֵיצַת הַחַרְגּוֹל וּבְשֵׁן הַשּׁוּעָל וּבְמַסְמֵר הַצָּלוּב. וּבְכָל דָּבָר שֶׁתּוֹלִין אוֹתוֹ מִשּׁוּם רְפוּאָה וְהוּא שֶׁיֹּאמְרוּ הָרוֹפְאִים שֶׁהוּא מוֹעִיל:
כסף משנה
13.
A man may go out to the public domain with a sliver of wood in his teeth52A toothpick. or in his sandal. If, however, it falls, he should not put it back. [He may go out with] wadding or a sponge over a wound,53We are permitted to wear any entity that heals the body on the Sabbath. Such articles are not considered to be a burden, but a garment or jewelry. In Chapter 21, Halachot 26-27, the Rambam discusses whether it is permissible to place wadding or bandages on a wound on the Sabbath. provided he does not wind a cord or a string over them. [The latter restriction applies] because he considers the cord or the string as important and they do not assist [the healing of] the wound.54These restrictions do not apply to a rag, because it is inconsequential. Since a cord or a string is considered somewhat important, it is not considered to be subsidiary to the bandage. Hence, the person is considered to be carrying them in the public domain.[He may go out with] a garlic peel or an onion peel on a wound, and with a bandage on a wound. He may open and close [the bandage] on the Sabbath. [He may go out with] a compress, a plaster, or a dressing on a wound. [Similarly, one may go out with] a sela55A coin from the Talmudic period. on a footsore, a locust's egg,56A cure for weak thighs (Rambam's Commentary on the Mishnah, Shabbat 6:10). a fox's tooth,57A cure for both insomnia and hyperactivity (ibid.). a nail from a gallows,58A cure for continuous high fever (ibid.). and any other entity that is hung on a person's body to [bring] a cure, provided that physicians say that it is effective.59This halachah is very problematic for the Rambam. As explained at length in Hilchot Avodat Kochavim, Chapter 11, the Rambam maintains that all occult arts and superstitious practices are not only prohibited, but are absolute nonsense. It would appear that the latter cures mentioned are surely not practical medical advice, but rather a charm stemming from folklore (and perhaps pagan folklore). Indeed, for the latter reason, Rabbi Meir (according to the Rambam's text of Shabbat 6:10, our version states "the Sages") forbids the use of these practices even during the week.
The Radbaz (Vol. V, Responsum 1436) compounds our difficulty in understanding the Rambam's view, citing the Rambam's Commentary on the Mishnah (Yoma 8:4), which states:
We do not transgress a commandment except for the purpose of healing, [using] an entity that both logic and experience say is necessary, but not to heal through charms, for these are weak matters that have no logical support, nor has experience proven them.
The Radbaz, therefore, maintains that the Rambam is describing a situation where these articles are worn as pendants. Hence, they can be considered equivalent to pieces of jewelry. (See the following halachah with regard to an amulet that has not proved its efficacy.) If, however, they are carried by hand, it is forbidden to go out to the public domain with them on the Sabbath. The Shulchan Aruch (Orach Chayim 301:27) does not make such a stipulation and quotes the Rambam's words in this halachah without emendation.
הלכה יד
יוֹצֵאת הָאִשָּׁה בְּאֶבֶן תְּקוּמָה וּבְמִשְׁקַל אֶבֶן תְּקוּמָה שֶׁנִּתְכַּוֵּן וּשְׁקָלוֹ לִרְפוּאָה. וְלֹא אִשָּׁה עֻבָּרָה בִּלְבַד אֶלָּא אֲפִלּוּ שְׁאָר הַנָּשִׁים שֶׁמָּא תִּתְעַבֵּר וְתַפִּיל. וְיוֹצְאִין בְּקָמֵעַ מֻמְחֶה. וְאֵי זֶה הוּא קָמֵעַ מֻמְחֶה זֶה שֶׁרִפֵּא לִשְׁלֹשָׁה בְּנֵי אָדָם אוֹ שֶׁעֲשָׂהוּ אָדָם שֶׁרִפֵּא שְׁלֹשָׁה בְּנֵי אָדָם בִּקְמֵעִין אֲחֵרִים. וְאִם יָצָא בְּקָמֵעַ שֶׁאֵינוֹ מֻמְחֶה פָּטוּר. מִפְּנֵי שֶׁהוֹצִיאוֹ דֶּרֶךְ מַלְבּוּשׁ. וְכֵן הַיּוֹצֵא בִּתְפִלִּין פָּטוּר:
כסף משנה
14.
[A woman] may go out with a tekumah60A stone worn by a woman to prevent a miscarriage (Rashi, Shabbat 66b). stone or with the weight of a tekumah stone61A weight equivalent to that of the tekumah stone, which is purported to have a similar positive effect (ibid.)., which was weighed [and carried] with the intent that it serve as a remedy. This applies not only to a pregnant woman, but to all women, [as a safeguard] lest they become pregnant and miscarry.One may go out [wearing] an amulet that has proven its efficacy. What is an amulet that has proven its efficacy? [An amulet] that has cured three individuals62The Maggid Mishneh states that, in contrast to Rashi's view, according to the Rambam, an amulet that healed one person three times is not considered to have proved its efficacy. or that was prepared by an individual who cured three people with other amulets. If a person goes out wearing an amulet that has not proved its efficacy, he is not liable.63At the outset, however, one is forbidden to go out wearing such an amulet. [The rationale:] he carried it out as a garment.64I.e., the amulet is considered to be an ornament, like a piece of jewelry. Similarly, a person who goes out [wearing] tefillin is not liable.65There is no obligation to wear tefillin on the Sabbath, and we are therefore forbidden to wear them in most circumstances. (See Halachah 23 with regard to the exceptions.) Nevertheless, since they are worn as a garment, a person is not liable for wearing them.
הלכה טו
מִי שֶׁיֵּשׁ בְּרַגְלוֹ מַכָּה יוֹצֵא בְּסַנְדָּל יְחִידִי בְּרַגְלוֹ הַבְּרִיאָה. וְאִם אֵין בְּרַגְלוֹ מַכָּה לֹא יֵצֵא בְּסַנְדָּל יָחִיד. וְלֹא יֵצֵא קָטָן בְּמִנְעָל גָּדוֹל אֲבָל יוֹצֵא הוּא בְּחָלוּק גָּדוֹל. וְלֹא תֵּצֵא אִשָּׁה בְּמִנְעָל רָפוּי וְלֹא בְּמִנְעָל חָדָשׁ שֶׁלֹּא יָצְאָה בּוֹ שָׁעָה אַחַת מִבְּעוֹד יוֹם. וְאֵין הַקִּטֵּעַ יוֹצֵא בְּקַב שֶׁלּוֹ. אַנְקַּטְמִין שֶׁל עֵץ אֵין יוֹצְאִין בָּהֶן בְּשַׁבָּת מִפְּנֵי שֶׁאֵינָן מִדַּרְכֵי הַמַּלְבּוּשׁ. וְאִם יָצְאוּ פְּטוּרִין:
כסף משנה
15.
A person who has a wound on his foot may go out [wearing] one sandal on his healthy foot. If, however, a person does not have a wound on his foot, he may not go out [wearing] a single sandal.66Rashi (Shabbat 60a) gives two rationales for this ruling:a) The Jerusalem Talmud states that a person who wears only one shoe will be suspected of carrying the other in his cloak.
b) Wearing one shoe may arouse the attention of others and cause them to mock him. We fear that in such a situation the person will remove the sandal that he is wearing and carry it.
It is questionable whether the Rambam accepts the latter rationale. Although Rashi suggests that it applies with regard to several of the items mentioned in the previous halachot, the Rambam does not mention it - neither in this chapter nor in his Commentary on the Mishnah.
A child67This is the simple interpretation of the word קטן. Note, however, the commentary of Rashi on Shabbat 141b, where he interprets the term as referring to a small adult. Since the obligation of a child is Rabbinic in origin, the Sages would not enforce any further safeguards on his conduct. should not go out [wearing] the sandals of an adult.68The rationale is that the sandal may fall off and the child might carry it in the public domain. He may, however, go out [wearing] the cloak of an adult. A woman should not go out [on the Sabbath], [wearing] a loose-fitting sandal,69Rashi interprets the Talmud (loc. cit.) as referring to a torn sandal. nor [wearing] a new sandal that she did not wear for even a short period of time before [the commencement of the Sabbath].70Lest the sandal prove uncomfortable and the woman carry it.
A one-legged man may not go out [wearing] his wooden leg. We may not go out [wearing] wooden shoes,71Our translation is based on the Rambam's Commentary on the Mishnah (Shabbat 6:8). Shabbat 66b offers three different Aramaic interpretations of this term. These interpretations, in turn, are understood differently by the later commentaries.
In the above source, the Rambam states that since it is uncomfortable to walk in wooden shoes, they are not considered to be garments. because it is not the ordinary practice to wear them. If, however, one goes out [wearing] them, he is not liable.72For he did not transfer them in an ordinary manner (Merkevet HaMishneh).
הלכה טז
יוֹצְאִין בִּפְקָרִיוֹן וּבְצִיפָה שֶׁבְּרָאשֵׁי בַּעֲלֵי חֲטָטִין. אֵימָתַי בִּזְמַן שֶׁצְּבָעָן בְּשֶׁמֶן וּכְרָכָן אוֹ שֶׁיָּצָא בָּהֶן שָׁעָה אַחַת מִבְּעוֹד יוֹם. אֲבָל אִם לֹא עָשָׂה בָּהֶן מַעֲשֶׂה וְלֹא יָצָא בָּהֶן קֹדֶם הַשַּׁבָּת אָסוּר לָצֵאת בָּהֶן:
כסף משנה
16.
[A man] may go out [wearing] tufts of flax or a woolen wig worn by men with sores on their heads.73This reflects a fusion of the interpretation by Rav Hai Gaon (and Tosafot) of Shabbat 50a, which understands these substances to be makeshift wigs to cover baldness, and that of Rashi, who explains that these terms refer to wool that is placed on wounds. When does this apply? When he colored them with oil and wound them,74I.e., he performed a deed that indicates that he desires to use the wool as a wig. or he went out [wearing] them [at least] momentarily75If he wore the wool as a wig once before the Sabbath, this indicates that he is willing to use it for this purpose. Otherwise, since most people would not wear a wig of this nature, it is forbidden to wear it on the Sabbath because it is muktzeh (Shulchan Aruch HaRav 301:62). before the commencement of the Sabbath. If, however, he did not perform a deed [that indicated his desire to use these articles], nor did he go out [wearing] them before the Sabbath, it is forbidden for him to go out [wearing] them.הלכה יז
יוֹצְאִין בְּשַׂק עָבֶה וּבִירִיעָה וּבְסָגוֹס עָבֶה וּבַחֲמִילָה מִפְּנֵי הַגְּשָׁמִים. אֲבָל לֹא בְּתֵבָה וְלֹא בְּקֻפָּה וְלֹא בְּמַחְצֶלֶת מִפְּנֵי הַגְּשָׁמִים. הַכַּר וְהַכֶּסֶת אִם הָיוּ רַכִּין וְדַקִּין כְּמוֹ הַבְּגָדִים מֻתָּר לְהוֹצִיאָן מֻנָּחִין עַל רֹאשׁוֹ בְּשַׁבָּת דֶּרֶךְ מַלְבּוּשׁ. וְאִם הָיוּ קָשִׁין הֲרֵי הֵן כְּמַשּׂאוֹי וַאֲסוּרִין:
כסף משנה
17.
We may go out [wearing] coarse sackcloth, tent-cloth,76The source for this halachah is Nedarim 55b. In his Commentary on the Mishnah (Nedarim 7:3), the Rambam defines this term as "coarsely woven material that is not sown."a thick woolen blanket,77Our translation is taken from Rav Kapach's translation of the Rambam's Commentary on the Mishnah (Oholot 11:3). or a coarse wrap78In his Commentary on the Mishnah (Nedarim 7:3), the Rambam defines this term as "a wrap made from an extremely coarse and thick fabric... used for protection from rain." [as protection] against rain.79Although these are not proper garments, since they resemble clothing and are useful in protecting one against the rain, they may be worn. We may not, however, go out [wearing] a chest, a container, or a mat, [as protection] against the rain.80In this instance, although the person is seeking protection from the rain, since these are not garments, he is considered to be carrying a burden (Rashi Nedarim, loc. cit.).When a pillow and a blanket are soft and thin as garments are, one may go out [wearing] them as a wrap on one's head on the Sabbath. When they are firm, they are considered to be burdens and it is forbidden.
הלכה יח
יוֹצְאִין בְּזוֹגִין הָאֲרוּגִין בַּבְּגָדִים. וְיוֹצֵא הָעֶבֶד בְּחוֹתָם שֶׁל טִיט שֶׁבְּצַוָּארוֹ אֲבָל לֹא בְּחוֹתָם שֶׁל מַתֶּכֶת שֶׁמָּא יִפּל וִיבִיאֶנּוּ. הַמִּתְעַטֵּף בְּטַלִּיתוֹ וְקִפְּלָהּ מִכָּאן וּמִכָּאן בְּיָדוֹ אוֹ עַל כְּתֵפוֹ אִם נִתְכַּוֵּן לְקַבֵּץ כְּנָפָיו כְּדֵי שֶׁלֹּא יִקָּרְעוּ אוֹ שֶׁלֹּא יִתְלַכְלְכוּ אָסוּר. וְאִם קִבְּצָן לְהִתְנָאוֹת בָּהֶן כְּמִנְהַג אַנְשֵׁי הַמָּקוֹם בְּמַלְבּוּשָׁן מֻתָּר:
כסף משנה
18.
We may go out with bells woven81If, however, the bells are not woven into the garment, there are restrictions against wearing them, lest they become severed and the person carry them in the public domain. (See Shulchan Aruch HaRav 301:21, Mishnah Berurah 301:80.) into our clothes.82Note the Ramah (Orach Chayim 301:23), who states that this leniency applies only to bells whose clappers have been removed. Otherwise, it is forbidden to wear them, for jingling a bell is forbidden on the Sabbath. A servant83This refers to an eved Cana'ani - i.e., a servant who has been circumcised and has been immersed in the mikveh, and who has accepted the observance of the Torah's laws. Such a servant is obligated to fulfill all the mitzvot incumbent on a woman (Chaggigah 4a). (See Hilchot Issurei Bi'ah 12:11, 13:18.) may go out [wearing] a clay seal84A seal of identification, indicating to whom he belongs. The seal is permitted because it resembles a piece of jewelry. In contrast to a metal seal, the servant is allowed to go out wearing a clay seal, since were it to fall, it would break and would be worthless. around his neck,85But not hanging from his clothes (Maggid Mishneh). but not with a metal seal, lest it fall and he carry it.[The following rules apply when] a person wraps himself in a tallit86The intent here is not necessarily a prayer shawl, but also a garment worn for mundane purposes as well. We have, nevertheless, merely transliterated the Hebrew term rather than translate it as "garment," to indicate the type of clothing that is under discussion. The Shulchan Aruch (Orach Chayim 301:31) specifically states that this restriction does not apply to contemporary garments, because they are of a different type.
Shulchan Aruch HaRav 301:36 and the Mishnah Berurah 301:117 emphasize that even the garments worn at present should not be lifted up extremely high. and folds it, either [holding the folds] in his hand, or [placing them] on his shoulder: If his intent is that [the ends of the garment] should not tear or become soiled, it is forbidden.87The Kessef Mishneh notes that the Rambam does not state that the person is liable, for the prohibition is Rabbinic in origin. If his intent is for the sake of fashion, since this is the style in which people of his locale wear their clothes, it is permitted.
הלכה יט
הַיּוֹצֵא בְּטַלִּית מְקֻפֶּלֶת וּמֻנַּחַת עַל כְּתֵפוֹ חַיָּב. אֲבָל יוֹצֵא הוּא בְּסוּדָר שֶׁעַל כְּתֵפוֹ אַף עַל פִּי שֶׁאֵין נִימָה קְשׁוּרָה לוֹ בְּאֶצְבָּעוֹ. וְכָל סוּדָר שֶׁאֵינוֹ חוֹפֶה רֹאשׁוֹ וְרֻבּוֹ אָסוּר לָצֵאת בּוֹ. הָיְתָה סַכְנִית קְצָרָה שֶׁאֵינָהּ רְחָבָה קוֹשֵׁר שְׁנֵי רָאשֶׁיהָ לְמַטָּה מִכְּתֵפַיִם וְנִמְצֵאת כְּמוֹ אַבְנֵט וּמֻתָּר לָצֵאת בָּהּ:
כסף משנה
19.
A person who goes out [to the public domain] with a garment that is folded and placed on his shoulders is liable. He may, however, go out with a wrap [folded] around his shoulders even though a thread is not tied to his fingers.88Rashi (Shabbat 147a) explains that tying the string around one's finger will prevent the wrap from falling. We do not fear that the wrap will fall and the person will carry it in the public domain.The commentaries explain that in contrast to the garment mentioned in the first clause, since it is customary to wear a wrap folded, there is no difficulty in wearing it in this manner on the Sabbath. Nevertheless, in light of the final clause, they require that the wrap be large enough to cover one's head and the majority of one's body.
Although there are more stringent opinions, the Shulchan Aruch HaRav 301:37 and the Mishnah Berurah 301:115 permit the wearing of scarfs that are not this large if it is accepted practice in a community to wear such garments.
Whenever a wrap does not cover [a person's] head and the majority of his body,89The Maggid Mishneh and the Kessef Mishneh explain that this clause refers to a passage from Shabbat 147b which describes a wrap worn by women after a bath. he is forbidden to go out [wearing it]. A cloth that is worn as a head covering90Our translation is based on Rashi, Shabbat 147b. Rav Kapach suggests a different version of that text. Since this cloth is not large enough to cover the person's head and the majority of his body, the only way it may be worn is when one ties it as a belt. that is short and not wide should be tied below one's shoulders. Thus, it will serve as a belt and one will be permitted to go out [wearing] it.
הלכה כ
מֻתָּר לְהִתְעַטֵּף בְּטַלִּית שֶׁיֵּשׁ בְּשִׂפְתוֹתֶיהָ מֶלֶל אַף עַל פִּי שֶׁהֵן חוּטִין אֲרֻכִּין וְאַף עַל פִּי שֶׁאֵינָן נוֹי הַטַּלִּית מִפְּנֵי שֶׁהֵן בְּטֵלִים לְגַבֵּי הַטַּלִּית וְאֵינוֹ מַקְפִּיד עֲלֵיהֶן בֵּין הָיוּ בֵּין לֹא הָיוּ. לְפִיכָךְ הַיּוֹצֵא בְּטַלִּית שֶׁאֵינָהּ מְצֻיֶּצֶת כְּהִלְכָתָהּ חַיָּב מִפְּנֵי שֶׁאוֹתָן הַחוּטִין חֲשׁוּבִין הֵן אֶצְלוֹ וְדַעְתּוֹ עֲלֵיהֶן עַד שֶׁיַּשְׁלִים חֶסְרוֹנָן וְיֵעָשׂוּ צִיצִית. אֲבָל טַלִּית הַמְצֻיֶּצֶת כְּהִלְכָתָהּ מֻתָּר לָצֵאת בָּהּ בֵּין בַּיּוֹם בֵּין בַּלַּיְלָה. שֶׁאֵין הַצִּיצִית הַגְּמוּרָה מַשּׂאוֹי אֶלָּא הֲרֵי הִיא מִנּוֹי הַבֶּגֶד וּמִתַּכְסִיסָיו כְּמוֹ הָאִמְרָא וְכַיּוֹצֵא בָּהּ. וְאִלּוּ הָיוּ חוּטֵי הַצִּיצִית שֶׁהִיא מְצֻיֶּצֶת כְּהִלְכָתָהּ מַשּׂאוֹי הָיָה חַיָּב הַיּוֹצֵא בָּהּ אֲפִלּוּ בְּיוֹם הַשַּׁבָּת שֶׁאֵין מִצְוַת עֲשֵׂה שֶׁאֵין בָּהּ כָּרֵת דּוֹחָה שַׁבָּת:
כסף משנה
20.
It is permitted to wrap oneself in a tallit91This does not refer to a tallit used for prayer, but rather to an ordinary shawl that resembles such a garment. that has unwoven strands92See the Rambam's Commentary on the Mishnah (Keilim 29:1). at its edges, even though they are long and do not enhance the appearance of the tallit, because they are considered to be subsidiary to it. The person [wearing the tallit] does not care whether they exist or not.93Since they are of no consequence to the person whatsoever, they have no halachic importance either. It is as if they did not exist at all. If, however, the person was disturbed by their presence, it would be forbidden.Based on the above, a person who goes out [wearing] a tallit whose tzitzit are not halachically acceptable is liable. For these strands are important to him and he is concerned with completing what they are lacking, so that they can be considered to be tzitzit.94Since the tzitzit are important to the person, they are not considered to be subsidiary to the garment. Hence, wearing a garment to which they are attached is considered to be carrying a burden.
When, however, the tzitzit are halachically acceptable, it is permitted to go out [wearing this garment] during the day and during the night.95The Rambam elaborates slightly in this instance to negate the opinion of Rabbenu Yitzchak Alfasi, who maintains that it is forbidden to wear tzitzit on Friday night. He explains that since one does not fulfill a mitzvah by wearing tzitzit at night, and yet the tzitzit are important, wearing a garment to which they are attached is equivalent to carrying a burden on the Sabbath.
The Rambam does not accept this rationale, explaining that since the tzitzit are halachically acceptable, they are considered to be an adornment of the garment even when a mitzvah is not fulfilled by wearing them. In one of his responsa, the Rambam deals with this issue at length.
In this context, note Shulchan Aruch HaRav 301:45, which states that this applies to a man, but not to a woman. For a woman, tzitzit are always considered a burden on the Sabbath. Note, however, the Mishnah Berurah, which cites differing views. Tzitzit that are halachically acceptable are not considered to be a burden, but rather to be an article that enhances the garment and beautifies it. Were the strands of tzitzit that are halachically acceptable to be considered a burden, one would be liable [for wearing such a garment] even on the Sabbath day, since a positive commandment [whose negation] is not [punishable by] karet does not supersede the Sabbath [prohibitions].96The commentaries note a slight difficulty with the Rambam's statements. Although there are only two positive commandments whose observance supersedes the Sabbath prohibitions - circumcision and the offering of the Paschal sacrifice - it is because of a specific divine decree and not because of the fact that they are punishable by karet that these mitzvot supersede the Sabbath laws.
הלכה כא
לֹא יֵצֵא הַחַיָּט בְּשַׁבָּת בְּמַחַט הַתְּחוּבָה לוֹ בְּבִגְדוֹ. וְלֹא נַגָּר בְּקֵיסָם שֶׁבְּאָזְנוֹ. וְלֹא גַּרְדִּי בָּאִירָא שֶׁבְּאָזְנוֹ. וְלֹא סוֹרֵק בִּמְשִׁיחָה שֶׁבְּאָזְנוֹ. וְלֹא שֻׁלְחָנִי בְּדִינָר שֶׁבְּצַוָּארוֹ. וְלֹא צַבָּע בְּדֻגְמָא שֶׁבְּאָזְנוֹ. וְאִם יָצָא פָּטוּר אַף עַל פִּי שֶׁיָּצָא דֶּרֶךְ אֻמָּנוּתוֹ מִפְּנֵי שֶׁלֹּא הוֹצִיא כְּדֶרֶךְ הַמּוֹצִיאִין:
כסף משנה
21.
A tailor should not go out on the Sabbath with a needle stuck into his clothes, nor a carpenter with a sliver of wood behind his ear,97Used by a carpenter to see if the different pieces of wood are level (Rashi, Shabbat 11b). This and all the other items mentioned are symbols that the various artisans would wear so that people could identify their professions. nor a weaver with wool in his ear, nor a carder of flax with a string around his neck, nor a money-changer with a dinar in his ear, nor a dyer with a sample in his ear.If one [of these individuals] goes out [wearing such an article], he is not liable. Although this is the usual practice for artisans of this craft, [he is not liable,] because he is not considered to have transferred the article in an ordinary manner.98I.e., since it is not the ordinary practice for most people to carry an article in this fashion, the fact that certain people do carry in this manner is not significant.
It must be noted that this ruling (which follows the opinion of Rabbi Meir, Shabbat 11b) appears to contradict the explanation given by Rabbenu Avraham, the Rambam's son, to Halachah 5. (See the notes on that halachah.)
הלכה כב
הַזָּב שֶׁיָּצָא בְּכִיס שֶׁלּוֹ חַיָּב מִפְּנֵי שֶׁאֵין דֶּרֶךְ כִּיס זֶה לְהוֹצִיאוֹ אֶלָּא כַּדֶּרֶךְ הַזֹּאת וְאַף עַל פִּי שֶׁאֵינוֹ צָרִיךְ לְגוּף הַהוֹצָאָה אֶלָּא כְּדֵי שֶׁלֹּא יִתְלַכְלְכוּ בְּגָדָיו שֶׁהַמְּלָאכָה שֶׁאֵינָהּ צְרִיכָה לְגוּפָהּ חַיָּב עָלֶיהָ:
כסף משנה
22.
A zav99A man with a discharge from his sexual organ resembling that resulting from venereal disease. (See Leviticus, chapter 15; Hilchot Mechusarei Kapparah, chapter 2.) who goes out with his receptacle is liable, for this is the only way this receptacle is transferred. [He is liable] although he has no need to take out [the receptacle] itself; [he needs it] only to prevent his clothes from being soiled.100As mentioned in the notes on Halachah 11, it is forbidden to wear an article merely to prevent one's clothes from being soiled. For a person who performs a labor is liable even when he has no need for the actual labor he performed.101See Chapter 1, Halachah 7.הלכה כג
הַמּוֹצֵא תְּפִלִּין בְּשַׁבָּת בִּרְשׁוּת הָרַבִּים כֵּיצַד הוּא עוֹשֶׂה. לוֹבְשָׁן כְּדַרְכָּן, מֵנִיחַ שֶׁל יָד בְּיָדוֹ שֶׁל רֹאשׁ בְּרֹאשׁוֹ וְנִכְנָס וְחוֹלְצָן בְּבַיִת וְחוֹזֵר וְיוֹצֵא וְלוֹבֵשׁ זוּג שֵׁנִי וְחוֹלְצָן עַד שֶׁיַּכְנִיס אֶת כֻּלָּן. וְאִם הָיוּ הַרְבֵּה וְלֹא נִשְׁאַר מִן הַיּוֹם כְּדֵי לְהַכְנִיסָן דֶּרֶךְ מַלְבּוּשׁ הֲרֵי זֶה מַחְשִׁיךְ עֲלֵיהֶם וּמַכְנִיסָן בְּמוֹצָאֵי שַׁבָּת. וְאִם הָיָה בִּימֵי הַגְּזֵרָה שֶׁמִּתְיָרֵא לֵישֵׁב וּלְשָׁמְרָן עַד הָעֶרֶב מִפְּנֵי הַכּוּתִים מְכַסָּן בִּמְקוֹמָן וּמַנִּיחָן וְהוֹלֵךְ:
כסף משנה
23.
What should a man102We have used the word "man" in consideration of the ruling of the Magen Avraham 301:53, who states that for a woman, tefillin are always considered to be a burden. (See the Mishnah Berurah 301:158, which cites a differing opinion. do when he finds tefillin in the public domain on the Sabbath?103Halachah 14 states that a person who wears tefillin is not liable - i.e., since tefillin are worn as a garment, he is exempt. Nevertheless, the Rabbis forbade wearing tefillin, because there is no mitzvah to do so on the Sabbath. They did not, however, apply this prohibition in this instance out of reverence for the sacred articles. Were the tefillin to be left there, they might be treated with disrespect.The Sha'agat Aryeh (Responsum 41) questions the Rambam's ruling, because - as reflected by Hilchot Tefillin 4:11 - the Rambam maintains that there is a prohibition from the Torah against putting on tefillin when there is no obligation to do so. He resolves that difficulty by stating that the prohibition applies only when one puts them on at an improper time, with the intent of fulfilling a mitzvah. If that is not one's intent, there is no prohibition. He should wear them in the ordinary fashion, placing the head tefillin on his head and the arm tefillin on his arm, enter a home and remove them there. Afterwards, he should go out, return, put on a second pair, [return to the home,] remove them, and [continue this pattern] until he brings in all [the tefillin].
If there were many pairs of tefillin and there was not enough time to bring them in during the time by wearing them as garments, he should remain [watching] them until [after] nightfall, and bring them in on Saturday night.104Since he will not have time to bring them in until after nightfall, it is preferable to stay there and protect them all rather than bring them in one pair at a time. When, by contrast, there is a possibility of bringing them in before nightfall, the Sages were willing to allow him to leave the remainder of the tefillin unattended briefly, so that he could complete the task earlier. In a time of oppressive decrees,105Shabbat 130a relates that the Romans made the wearing of tefillin punishable by death. when one might fear to linger and watch them until the evening because of the gentiles, he should cover them where they are located, leave them, and proceed [on his way].
הלכה כד
הָיָה מִתְיָרֵא לְהַחְשִׁיךְ עֲלֵיהֶן מִפְּנֵי הַלִּסְטִים נוֹטֵל אֶת כֻּלָּן כְּאַחַת וּמוֹלִיכָן פָּחוֹת פָּחוֹת מֵאַרְבַּע אַמּוֹת אוֹ נוֹתְנָן לַחֲבֵרוֹ בְּתוֹךְ אַרְבַּע אַמּוֹת וַחֲבֵרוֹ לַחֲבֵרוֹ עַד שֶׁמַּגִּיעַ לֶחָצֵר הַחִיצוֹנָה. בַּמֶּה דְּבָרִים אֲמוּרִים בְּשֶׁהָיוּ בָּהֶן רְצוּעוֹתֵיהֶן וְהֵן מְקֻשָּׁרִין קֶשֶׁר שֶׁל תְּפִלִּין שֶׁוַּדַּאי תְּפִלִּין הֵן אֲבָל אִם לֹא הָיוּ רְצוּעוֹתֵיהֶן מְקֻשָּׁרוֹת אֵינוֹ נִזְקָק לָהֶן:
כסף משנה
24.
Should he be afraid to wait until after nightfall because of thieves, he should take the entire group at once and carry them less than four cubits at a time, or he should give them to a colleague [standing within four cubits], who in turn will give them to another colleague106See Chapter 12, Halachah 17, which explains this leniency applies even with regard to one's personal concerns. Surely, it applies with regard to matters associated with a mitzvah. until they reach the courtyard at the extremity of the city.107There, a person in the courtyard should remove the tefillin from the body of the person who was carrying them while he is still walking outside the courtyard. Thus, one person will have performed the akirah (the removal of the article from its original place) and another the hanachah [the placement of the article (Shulchan Aruch HaRav 301:52)].When does the above apply? When they are found together with their straps that are tied with the knots with which tefillin are tied, since then they are surely tefillin. If, however, their straps are not tied, one should not pay attention to them.108For the possibility exists that they are merely an amulet (Eruvin 97a).
The Ra'avad objects to the Rambam's conception of that Talmudic passage and maintains that there is no question concerning the identity of the tefillin, for we do not suspect that a person would make an amulet that resembles tefillin. The difficulty is that if the knots of the tefillin are not tied, it is forbidden to tie them on the Sabbath. Thus, it will be impossible to wear the tefillin on the Sabbath.
The difference between these two views is that, according to the Ra'avad, if one finds tefillin without straps, one is obligated to remain watching them until after nightfall. The Rambam, by contrast, would allow a person to leave them.
The Maggid Mishneh cites a responsum purported to be written by the Rambam to the scholars of Lunil concerning tzitzit, which indicates that he accepted the Ra'avad's position. When citing the law regarding tefillin, the Shulchan Aruch (Orach Chayim 301:42) quotes the Rambam's view. The Magen Avraham 301:53 states that even if the Rambam's view would have applied in previous generations, it is not relevant at present, for amulets are not commonly made in the form of tefillin. Therefore, he suggests following the Ra'avad's ruling.
הלכה כה
הַמּוֹצֵא סֵפֶר תּוֹרָה יוֹשֵׁב וּמְשַׁמְּרוֹ וּמַחְשִׁיךְ עָלָיו. וּבַסַּכָּנָה מַנִּיחוֹ וְהוֹלֵךְ לוֹ. וְאִם הָיוּ גְּשָׁמִים יוֹרְדִין מִתְעַטֵּף בְּעוֹר וְחוֹזֵר וּמְכַסֶּה אוֹתוֹ וְנִכְנָס בּוֹ:
כסף משנה
25.
A person who finds a Torah scroll should linger and watch it until after nightfall.109Since a Torah scroll is not usually worn as a covering, the person is not allowed to cover himself with it under ordinary circumstances. Rather, he must linger and protect the scroll until after nightfall. In a time of danger, he may leave it110Shulchan Aruch HaRav 301:54 states that one should cover the scroll to protect it. It is questionable why the Rambam makes such a statement with regard to tefillin (Halachah 23), but does not do so in this instance. and go on his way. If rain is descending, one should wrap himself in the parchment,111Although a Torah scroll is not usually worn, and indeed, doing so is not respectful to the scroll, this leniency is granted lest the scroll become ruined.The Or Sameach questions why the person cannot carry the scroll less than four cubits at a time, as mentioned in the previous halachah. He explains that the problem is transferring the scroll from the public domain to the home. In Chapter 13, Halachah 9, the Rambam states that one should throw an article that one is carrying from the public domain into a courtyard in an abnormal manner. This would be disrespectful to the Torah scroll. Therefore, it is preferable to wear the scroll. With regard to the propriety of wearing parchment as a garment, the Or Sameach cites the use of similar substances, as mentioned in Halachah 17. See also the suggestion of Shulchan Aruch HaRav mentioned in Note 107. cover it [with one's outer garments], and enter [a home] with it.
הלכה כו
לֹא יֵצֵא הַחַיָּט בְּמַחֲטוֹ בְּיָדוֹ וְלֹא הַלַּבְלָר בְּקֻלְמוֹסוֹ עֶרֶב שַׁבָּת סָמוּךְ לַחֲשֵׁכָה שֶׁמָּא יִשְׁכַּח וְיוֹצִיא. וְחַיָּב אָדָם לְמַשְׁמֵשׁ בְּבִגְדוֹ עֶרֶב שַׁבָּת עִם חֲשֵׁכָה שֶׁמָּא יִהְיֶה שָׁם דָּבָר שָׁכוּחַ וְיֵצֵא בּוֹ בְּשַׁבָּת. מֻתָּר לָצֵאת בִּתְפִלִּין עֶרֶב שַׁבָּת עִם חֲשֵׁכָה הוֹאִיל וְחַיָּב אָדָם לְמַשְׁמֵשׁ בִּתְפִלָּיו בְּכָל עֵת אֵינוֹ שׁוֹכְחָן. שָׁכַח וְיָצָא בָּהֶן לִרְשׁוּת הָרַבִּים וְנִזְכַּר שֶׁיֵּשׁ לוֹ תְּפִלִּין בְּרֹאשׁוֹ מְכַסֶּה אֶת רֹאשׁוֹ עַד שֶׁמַּגִּיעַ לְבֵיתוֹ אוֹ לְבֵית הַמִּדְרָשׁ:
כסף משנה
26.
On Friday, shortly before nightfall, a tailor should not go carrying a needle in his hand,112The Maggid Mishneh cites Shabbat 11b, which, as the Rambam states in Halachah 21, rules that a tailor is not liable for carrying his needle stuck into his clothes. Therefore, forbidding a tailor from wearing his needle on Friday afternoon would be a "safeguard to a safeguard," a Rabbinic decree enforced to insure the observance of another Rabbinic decree. Therefore, the prohibition is directed only at carrying a needle in one's hand. nor should a scribe [go out carrying] his pen, lest he forget and transfer it on the Sabbath.A person is obligated to check his clothes on Friday before nightfall, lest he forget something in them and [inadvertently] transfer it on the Sabbath.
It is permissible to go out wearing tefillin on Friday shortly before sunset. Since a person is obligated to touch his tefillin at all times,113See Hilchot Tefillin 4:14, which states that the holiness of tefillin surpasses that of the tzitz, the frontlet worn by the High Priest. Hence, they are worthy of such constant attention. there is no possibility that he will forget them. If a person forgets and goes out to the public domain [wearing] tefillin,114Compare to Hilchot Tefillin 4:12, which mentions similar concepts. [when] he remembers the tefillin on his head, he should cover his head115The commentaries state that this is necessary lest others receive the impression that it is permissible to wear tefillin on the Sabbath. until he reaches his home or the house of study.