F. The act of transferring objects (Hotza'ah)

1. Location

Chayav: It is prohibited by the Torah to transfer an object from a Reshut HaRabim to a Reshut HaYachid, or visa versa, or to transfer an object a distance of 4 Amot (6 ft. = 1.8 m.) within a Reshut HaRabim.

Patur Aval Assur: Transferring from a Reshut HaYachid to an adjacent Reshut HaYachid is prohibited by the Rabbis.

As a Gezeira to prevent people from transgressing the Torah prohibition, the Rabbis prohibited transferring within, to, and from a Karmelit.

Mutar: There is no prohibition of transferring to or from a Makom Patur. One may therefore place a handkerchief, which one found in one's pocket, on top of a fire hydrant.

Transferring within a Reshut HaYachid itself is permitted.

2. Action involved

Chayav: The Torahs definition of Hotza'ah is effecting a change in an object by changing its location. The three components necessary for transferring to be considered Melacha are:

a. Lifting a stationary object (or starting to move the object), and b. Transferring it, and c. Putting it down (or stopping) in the new destination.

Patur aval Assur: The Rabbis prohibit an act of transferring which lacks either the initial lifting, and/or the placing in a second domain. For example, it is forbidden to carry an object (even in one's pocket) from one house, through the street, and into a second house without stopping.

Mutar: It is permitted, however, to move an object a distance of less than 4 Amot in a Reshut HaRabim or Karmelit. (It is prohibited to do this consecutively for the purpose of moving the object a greater distance, except in a case of human dignity -- e.g. a toddler who refuses to continue walking and needs to be carried.)

3. Mode of Transport

Chayav: The Torah definition of transferring involves:

a. an object called "a load" (Masui), and

b. transporting it with the hands, or in the normal way in which such an object is usually carried -- e.g. in a pocket or bag

Patur aval Assur: The Rabbis prohibit transferring such an object, even not in the regular manner.

Mutar: It is permitted to wear "clothing" (Malbushim) in the normal way, even when worn for the sake of transferring them.

There are four categories of items which are labeled "clothing," and which may therefore be worn or carried to any place.

a. An item that is worn and covers a significant part of the wearer, which is generally worn for warmth, style, dignity or protection of the wearer (as opposed to for the clothing). Examples: a coat, trousers.

An item that is not worn on the body and only serves to protect other clothing (e.g. from getting wet or dirty) is not included in this definition. Examples: a plastic hat-cover, or a bandage worn to prevent one's clothing from becoming soiled (but not to serve the person).

b. An item that constantly serves the wearer. Examples: Eyeglasses, crutches, a belt, a patch on an open wound.

c. An item that touches or is worn on the skin and is there to serve the person. Examples: a hat, shoes, signet ring, simple watch. (Some people are strict and don't consider a watch "clothing.")

d. A piece of jewelry (Tachsheet). Examples: a hatpin, a bracelet.

Something that is attached to a piece of clothing, and is supposed to stay there permanently, becomes part of the clothing (Batul, lit. nullified). This applies even if its purpose is only to beautify the clothing and is not functional -- e.g. an extra row of buttons. However, something that is only attached for practical reasons, and is not intended to remain permanently, is prohibited. Example: a spare button attached to the inside of a coat. [Some opinions, however, maintain that the button may be kept attached to the coat, until one really plans to use it.]

G. Additional Gezeirot:

1. Transferring between "Private Domains"

The Rabbis prohibited transferring from one Reshut HaYachid to another Reshut HaYachid, lest one come to carry from a Reshut HaYachid to a Reshut HaRabim or visa versa. This applies in the following cases:

a) transferring between "private domains" owned by different parties

b) transferring between a private property to an [enclosed] location that is shared by multiple [Jewish] parties, or visa versa

Examples: the hallway of an apartment building, a courtyard, or a neighborhood (even when surrounded with strings and poles).

In order to transfer between such areas, the "owners" could arrange for the greater area to symbolically become a single [Halachic] legal entity. The mechanism to accomplish this involves placing collectively-owned bread (or matzah) into one person's home, thereby considering everyone as a guest of that person. Through the jointly-owned bread, everyone is, in effect, "mixed" into that person's [greater] home. This is called an Eiruv Chatzerot (lit. mixed courtyards).

However, if a non-Jew is also a part owner, this Eiruv doesn't work, and it would be necessary to legally buy "ownership" from the resident non-Jews. In a case where many non-Jews have ownership (e.g. a street or town), ownership may be purchased from the mayor.

In all cases, a competent Rabbi should be consulted whenever setting up (or repairing) poles and strings, and/or when arranging for an Eiruv Chatzerot.

2. Wearing an article which is likely to be taken off (or which will easily fall off by itself) while in the street, and then will be carried further before being put back on. For example, men should not wear gloves in moderately cold weather, since they may take off a glove to shake hands and resume walking before putting it back on.

3. To prevent inadvertent transferring on Shabbat in a neighborhood not surrounded by an Eiruv, it is a mitzvah to check one's pockets before going out into the street before Shabbat. (It is advisable to refrain from putting objects into pockets even in the house on Shabbat, to prevent the possibility of forgetting and walking outside with it.)