Eruv - Definition of The Law of Transference As Part of The 39 Creative Activities Prohibited On Shabbat | Definition Law Transference Part 39 Creative Activities Prohibited Shabbat

Definition of The Law of Transference As Part of The 39 Creative Activities Prohibited On Shabbat

Transferring between domains Hebrew: מוציא מרשות לרשות / הוצאה

Definition: Transferring something from one domain type to another domain type.

Chapters 1 and 11 of Talmud tractate Shabbat deals with the melakha of transferring from one domain to another, commonly called "carrying".

The tractate distinguishes four domains: private, public, semi-public and an exempt area. It holds that the transfer of an article from a private to a public domain is Biblically forbidden; transferring an article between a semi-public to a private or public domain is Rabbinically prohibited; transferring of an article between an exempt area and any other domain is permissible; carrying an article four amos (about 1.7 m) may be forbidden in a public or semi-public domain and permitted in a private domain or exempt area; and carrying inside a private domain or between private domains may be permissible (see Eruv).

For these purposes "transferring" means "removing and depositing", so carrying an article out of one domain type and returning to the same domain type without setting it down in the interim into a different domain type does not constitute transference from one domain type to another domain type.

The definition of public and private domain is related to its relative amount of enclosures, not on strict ownership. It should be noted that this is a particularly complex area of law, as the legal definitions of private and public domains are intricate, although clear. Background knowledge, and definitions, of domain types must be understood before one can fully understand the laws of transference in this context. This law is often referred to as carrying. This is a misnomer. Carrying within a domain type is perfectly permitted. It's the transference between domain types that is considered a creative activity for the purposes of Sabbath observance.

Indeed, what an Eruv accomplishes is a merger of different domain types into one domain type, making carrying within the area enclosed by the Eruv no different to carrying within a room of a house (i.e. one domain type, namely a private domain), which is of course permitted.

According to traditional Jewish commentators, this category of melakha (work) is mentioned in Exodus 16:29:

"Let no man leave (go out) his place on the seventh day"

Likewise according to the Talmud, the account of the man who was executed for getting wood in Numbers 15:32 was because he violated this prohibition.

Also, Jeremiah has been interpreted in order to justify this prohibition.Jeremiah 17:21-22

See further: Chayei Adam Shabbos 47–56.

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