Interpretative Strategy Article Swipe
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· 2019
· Open Access
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· DOI: https://doi.org/10.1515/9781618118462-015
· OA: W4256045736
83.Shulhan Arukh -The legal principle that allows one to carry on Yom Tov for the sake of eating also allows one to carry for unnecessary purposes, and he gives as examples a child, a Lulav, a Sefer Torah, or other utensils.It is forbidden to carry stones and the like. 233 It is prohibited for a Jew to carry anything for the sake of a Gentile on Yom Tov. 234Rema -The Rema appends to "other utensils," that they must be needed somewhat or that the person fears they may be stolen or lost.Alternative Positions -The Rambam writes that a person may be punished by lashes for performing on Yom Tov any labor for which he is liable on Shabbat if it is not necessary for the preparation of food, except for the transfer of articles from one domain to another and kindling a fire.Since it is permitted to transfer articles for the sake of preparing food, it is permitted to carry even when it is not necessary for the sake of preparing food.Therefore, it is permitted to transfer an infant, a Torah scroll, a key, or the like from one domain to another.Similarly, it is permitted to kindle a fire, even though it is not for the purpose of preparing food. 235 Rashi 236 and the Rif 237 rule similarly.Discussion -If one would interpret the Halakha regarding the prohibition to carry for unnecessary purposes in light of the Halakha that prohibits a person to carry for a Gentile, one could assume that the Rema's contribution is meant to explain Rabbi Karo's ruling, since carrying for a Gentile would be carrying without personal need.Yet if such is the case, one must then explain why Rabbi Karo specifically mentions the prohibition to carry stones and the like.The Mishna Berura's Position -Recognizing the ambiguity of Rabbi Karo's rulings and their relation to the Rema's comment, the
