A Question of Jewish Law

March 1, 2011

Public Transport on Shabbat

Filed under: Shabbat — chaimweiner @ 10:25 pm

Question: Is it permitted to ride on public transport on Shabbat, assuming that the transport workers are not Jewish and the trains are operating for the general public and not specifically for Jews?

Answer: The Mishnah rules that it is forbidden to ride on an animal on Shabbat. This is a rabbinic prohibition designed to prevent  a person inadvertently cutting a branch from a tree in order to drive the animal forward. Furthermore, the Jerusalem Talmud states that the reason for not riding on animals on Shabbat is to enable animals to rest also. The Shulchan Aruch [OH 305:18] codifies this as law. Moses Isserlis [Poland, 17th century] adds that it is also forbidden to ride in a wagon on Shabbat, even if the driver is not Jewish. He says that the same considerations apply – i.e. that a person might cut a branch from a tree and  that animals are also entitled to rest on Shabbat.

If the prohibition of riding in a wagon is specifically related to animals resting, it should be permitted to ride on public transport which is driven by electric or petrol motors. This is providing that the trains are not being operated by Jews and there are not any further Shabbat prohibitions related to this travel.

However, there are several other issues that should be taken into consideration. First, as we saw in my article on Cycling on Shabbat, there is a general prohibition of engaging in ‘Weekday activities’ on Shabbat, known as Uvdin D’Hol. The Hatam Sofer  [Hungary, 18th century] rules that all forms of public transport are forbidden on Shabbat [Responsa: 6:93]. This is because the experience of being in a crowded car being tossed back and forth by the movement of the train is not in the spirit of Shabbat. Rabbi BZ Uziel [Israel, 20th century] rejects this ruling, for if this was the case, the Rema (Moses Isserlis) would have included this amongst his reasons prohibiting riding in a wagon.

However, Rabbi Uziel adds that the prohibition of Uvdin D’Hol would apply if one was going on a long journey, particularly if this journey was in preparation for business the following day. Also, it is forbidden to pay for travel, to carry outside of an Eruv or to travel beyond the Shabbat boundaries (see my article on cycling on Shabbat).

Following this reasoning, it would be permitted to travel on public transport on Shabbat for short trips within a city if the journey does not involve carrying, paying for travel or going outside the city limits. This is on condition that the transport is running anyway, and does not involve Jews desecrating the Sabbath.

 

Rabbi Chaim Weiner

 

Based on B. Z. Uziel, Piskei Uziel 13.

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3 Comments »

  1. I don’t have a source, but I think I recall once reading that R’ M. Feinstein had arranged to ride the NYC subways for free on Shabbat, but then ruled against it because of mar’it eyin. Is any of this correct? (I know for a fact that the hospitals in NYC have “Shabbos elevators,” but that’s a slightly different issue.)
    I am a new reader at your website and, as a lawyer, Jewish educator and amateur Jewish historian, I am enjoying being able to share your learning and reasoning. Yasher ko’ach!

    Sara in Massachusetts

    Comment by Sara Greenberg — September 2, 2011 @ 4:24 am | Reply

  2. [...] discussions about using public transportation on Shabbat outside of Israel see here and [...]

    Pingback by Shabbat Travel in Tel Aviv-1949 « Menachem Mendel — July 10, 2012 @ 1:57 am | Reply

  3. The main issue here is ‘Techum Shabbat’ – literally the Shabbat area. On Shabbat you are allowed to go any distance within the city you are in at the beginning of Shabbat but only allowed to go within the Techum – which is roughly up to 1 kilometre beyond the last house of the city. This is derived from the biblical verse – ראו כי ה’ נתן לכם את השבת על כן הוא נותן לכם ביום השישי לחם יומיים שבו איש תחתיו אל יצא איש ממקומו ביום השביעי [Ex 16:29] ‘A Man should not go out of his place on the seventh day.’

    Comment by chaimweiner — April 7, 2011 @ 7:30 am | Reply


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