Jacob Steinmetz, the 5 Towns HAFTR Graduate and the Dvar Shmuel

By Rabbi Yair Hoffman for 5tjt.com

17-year-old Jacob Steinmetz is six foot six, weighs 224 pounds, is a pitcher, and, as of this past Monday, is the first Orthodox Jew that has been drafted into Major League Baseball.

Rabbi Shmuel Abuhav zt”l (1610-1694), was the Av Bais Din of Venice Italy, one of the leading Rabbis of his generation, the leading patron of the Old Yishuv in Eretz Yisroel, and the author of the classic Rabbinic responsa work known as the “Dvar Shmuel” – published by his son in 1702 in Venice.

And it seems that our young Reb Jacob Steinmetz is making the Dvar Shmuel the topic of table conversation in Torah observant homes across the world, from Bnei Brak, Israel, to Lakewood, New Jersey, to Far Rockaway, New York and the Five Towns.

STARTING AT THE BEGINNING

This last sentence may seem confusing, so let’s start at the beginning – the very beginning.

“In the beginning, G-d Created the Heavens and the Earth.. And on the seventh day, G-d finished the work that He had been doing, and He ceased on the seventh day from all the work that He had done (Genesis 1:1, 2:2).”

In order to affirm that G-d created the world, observant Jews all over the world refrain from 39 specific creative acts once a week for a period of 25 hours, give or take 12 or 18 minutes, or so.  Orthodox Judaism believes that G-d is the Ultimate Giver, the source of all Good in the world, and that He rewards good and punishes evil.  The affirmation that G-d created the world in order to benefit mankind, and ceased Creating the world on the Sabbath is the reason why Orthodox Jews view the observance of Shabbos as so paramount.

Which creative acts do observant Jews refrain from performing?  Any of the main categories of productive acts that were necessary in building the tabernacle – G-d’s concentrated presence, so to speak, here on earth.  And one of those 39 specific acts is called, “Carrying.”

RABBINIC PROTECTIONS

Technically, carrying is restricted only in something called a public domain – an area with very specific definitional requirements.  It would be permitted in something called a “private domain.” However, the Rabbis, in order to protect the observance of the Sabbath established a new domain called a “Karmelis.”  A Karmelis is an area that is at least 4 by 4 handbreadths, and that is neither enclosed nor heavily populated.  Examples include most of suburbia,  the countryside, ponds, lakes, rivers, and oceans.  A Karmelis has the status and stringencies of both a public domain and a private domain according to Rabbinic law.  An Eiruv may be constructed in most Karmelis areas.

THE LITTLE-KNOWN AREA KNOWN AS A KARFEF

There is another type of area called a “Karfef shelo hukaf ledira.”  A Karfef is any large area of land that is neither used nor suitable for human residential dwelling.  Whether the area is naturally enclosed or if walls were built around it but not for living purposes, by Rabbinic decree, one may not carry within it’s confines.  The reason is that the sages determined that a Karfef appears too much like a Public Domain and one may come to erroneously carry in a public domain. If, however, there were people already living in that area and it was subsequently enclosed or if the plan was for someone to live there, but it did not happen yet – then this would not be considered walls built not for residential purposes – lo hukaf ledirah (see Mishna Brurah 358:19).

WHAT SIZE IS LARGE?    

What is considered a large uninhabitable area?  A Karfef is any enclosed uninhabitable area that equals more than Bais Saasayim, or 70.6 by 70.6 amos.  According to Rav Moshe Feinstein this would be 125.127 feet by 125.127 feet and according to the Chazon Ish it would be 134.254 feet by 134.254 feet. [See Eiruvin 90a and Shulchan Aruch OC 346:3 and TaZ and PMG for more details].

EXAMPLES OF A KARFEF

There are a number of examples of a Karfef:  large storage yards, large forested areas, large farms and large gardens during the growing season, lakes, creeks, rivers, swamps, wetlands, cemeteries, and yes, stadiums – according to a number of Poskim.  Rav Yitzchok Zilberstein, in fact, compares stadiums to a Karfef in his Chashuchei Chemed Meseches Shabbos 7a.  Some Poskim understand the Mishna Brurah’s requirement in Biur Halacha 358:1 “Dira” that the term “residential area” – makom dira must be constant as proof that the Mishna Brurah holds that such areas would also be considered a Karfef (see Rabbi Yehudah Spitz’s quote of Rav Dovid Feinstein cited in Vedibarta Bam 1:119 https://ohr.edu/5070#_edn1).

It is this issue of a Karfef which brings us to how our HAFTR graduate may have made a controversial responsum of the Dvar Shmuel a household term.  But more on this later.

ANOTHER KARFEF PROBLEM

As an aside, the existence of a Karfef also puts in jeopardy an entire eruv in which a karfef is included.  So not only may one not carry within a Karfef, but it could, theoretically wipe out an entire community Eruv.  There are cases left and right in which a late discovered Karfef killed an Eruv. It is possible, at times, to carve out the area of the Karfef and completely surround it in terms of halacha and thus exclude it from the Eruv.

[^^]  Please Help! They are graduates of Public School.   Each of these fine young ladies need assistance in securing their religious Jewish future! [^^]

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BACK TO JACOB STEINMETZ

According to the New York Post, Jacob was selected in the third round (77th overall) by the Arizona Diamondbacks.

It also quotes him as saying that he does play during the Sabbath and on Jewish holidays, and for baseball tournaments, he has traveled ahead of time and arranged hotels within walking distance of the fields. The Post states that had explained to teams during the draft process how he could continue to juggle both his faith and baseball career.

THE HALACHIC DILEMNA

According to what we have just explained, however, carrying in a Karfef would seem to be halachically problematic.  Baseball, perforce, involves various activities that would involve carrying.  Is there any possible leniency then?

ENTER THE CONTROVERSIAL POSITION OF THE DVAR SHMUEL

Rabbi Shmuel Abuhav in responsum Dvar Shmuel #259 explains that when one is dealing with a walled city, the city founders mean to include the area of the Karfef.  That being the case, the walls around the city can negate the Karfef area.  Although most cities are technically not walled per se, the surrounding highways often do have walls or fences around them.  Perhaps the highway walls or fences might be considered enough of a wall to fit into the Dvar Shmuel’s rationale – which would negate the surrounding walls of the stadium.

The Mishna Brurah (358:72), however, writes that one may only rely upon this Dvar Shmuel only B’shaas Hadchak – in a very pressing situation. Rabbi Yitzchok Yoseph Shlita, the sixth son of Rav Ovadiah Yoseph zt”l, in his Yalkut Yoseph Shabbos Vol. V Haaros 345 footnote five cites a number of Poskim that do rely on the Dvar Shmuel along with other factors. Rabbi Spitz in the aforementioned article cites numerous Poskim both ways as to how to view the Dvar Shmuel.

OTHER HALACHIC ISSUES

There may be other halachic hurdles as well in regard to playing on Shabbos.  One issue is getting paid to perform it.  However, there is something called Havlaah – wherein the payment one receives for Shabbos work is included along with work that is done during the week.  On the other hand, some Poskim have ruled that it is a shadow of mekach umemkar – doing business on Shabbos and forbidden.

RUNNING ON SHABBOS

The Shulchan Aruch 301:1 discusses the prohibition of running on Shabbos when it does not involve the performance of a Mitzvah.  This is based upon the Gemorah in Shabbos 113b.  It could perhaps be argued that when one is doing it for enjoyment more than as working professionally, one may find a leniency.

GENERAL BALL-PLAYING ON SHABBOS

The Talmud Yerushalmi (Taanis 4:5) tells us of a great city named Tur Shimon with its very own Tomchei Shabbos that delivered 300 barrels of material to the poor each Friday. The Jerusalem Talmud, however, goes on to explain that this city was ultimately destroyed.

Why was it destroyed?  One opinion says that it was because of untoward activity. Another opinion says that it was on account of, yes, ball playing. Ostensibly, it was ball playing on Shabbos as most of the commentators explain. Indeed, Rav Huna in Midrash Aicha Rabasi explicitly states that the ball playing was on Shabbos. This Yerushalmi is cited by the Bais Yoseph (OC 308). Finally, there is a third opinion (See Rokeach Hilchos Shabbos 55) that they played ball on Shabbos and did not learn Torah.

What is remarkable is that nowhere in these sources (other than in the words of the Rokeach) is the exact problem with ball-playing on Shabbos fully or even partially explained.  What was the violation? There are, of course, an entire litany of halachic possibilities as to the exact nature of the problem (which, as the reader may have surmised, will be explored), but perhaps the very silence of the sources is instructive in and of itself.

Perhaps, the reason Tur Shimon was destroyed was that such a town — with such remarkable chessed going on in its midst should have utilized the Shabbos as a means to further their Dveikus Bashem — their cleaving to Hashem. Excessive ball-playing, or any other mundane activity can sometimes be indicative of a lack of such a relationship with Hashem — and that may very well have been the reason for Hashem not having saved this town from destruction. But let’s get to the possible halachic issues involved.

IS IT MUKTZAH?

Aside from the possibility of carrying or it possibly leading to carrying discussed above, there is a second possibility.  The Shevulei haLeket (Shabbos 121) considers balls as items of no purposeful utility and deems them to be Muktzah.  The Ramah (OC 518:1 and 308:45), however, rules that it is not considered Muktzah and that a ball would have utility.  The Shulchan Aruch (OC 308:45) rules that it is forbidden to play ball on Shabbos and on Yom Tov.

The Mishna Brurah explains that it is because he holds that the balls have no purposeful utility and are Muktzah. The Mishna Brurah adds that if children would not listen otherwise, it is best not to stop them because it is preferable that they sin inadvertently rather than on purpose. The Aruch HaShulchan tends to be stringent as well, in regard to ball playing on Shabbos.

ARE MODERN BALLS DIFFERENT?

It may be argued that even the Muktzah issue in our day and age is different because nowadays, the balls are manufactured for the express purpose of playing.  It could be argued that in the days of the Shulchan Aruch and before, the balls were made on an ad-hoc basis and, therefore, the issue of Muktzah was more acute.  The Shvus Yitzchok (p. 90), a contemporary Sefer on Muktzah makes this point in the name of Rav Elyashiv zt”l.

LEVELING THE GROUND

Another possible issue is the problem of leveling the ground.  The ball may inadvertently roll into an unpaved area and cause some ground leveling problems.  It would seem, however, that the ground leveling problem is limited to games where the ball is to be rolled on the ground as the purpose and method of game-playing (Rabbeinu Chananel would disagree with this, but Halacha seems to follow other opinions).  Baseball, however, may be different because the ground is often affected when sliding into home.

There also might be a distinction between soccer and basketball, at least in regard to the concern of levelling the ground.  The Poskim certainly forbid soccer on this account, but a distinction could be drawn regarding basketball. Some (e.g. the Shvilei HaLeket) are of the opinion that the Rabbis prohibited ball-playing even in areas that are paved.  There is also the possibility that the noises involved in ball playing may be halachically problematic too (ibid).  However, the views of the Shvilei HaLeket have not been cited authoritatively by the Poskim. On the stricter side, it is interesting to note that the Ramah’s own cousin, the Maharshal (Beitzah 1:34) questions the lenient position of his cousin and writes that if he had the ability he would forbid ball playing entirely.  The Maharshal is quoted by the TaZ (OC 518:2) and he labels it an “evil custom.”

Rav Shlomo Kluger (Ha’elef lecha Shlomo 339), however, is more lenient and strongly questions the attack on the Ramah by the Maharshal and TaZ.  The Aruch HaShulchan likewise questions the strong words attacking the Ramah and provides room for leniency. Rabbi Yom Tov Ben Moshe Tzahalon (1559-1638), author of the Maharitatz, in the new responsa (#202) discusses the question of a large city of Torah scholars that never had any ball playing and a group of gentiles came and began ball playing.  Eventually a group of young men arose and began playing on the Shabbos with gambling and betting and eating without rinsing of the hands.  Some wished to refrain from forbidding it on account of the position of the Ramah.  The Maharitatz blasted those who refrained from forbidding it and that those who violated it should seek acts of contrition and Teshuvah.

CONCLUSION

Many of us remember how enormously proud every Jew was when Sandy Koufax did not play the world series when it came out on Yom Kippur.  [A schoolmate, Doug Krainman used to remark how his grandmother used to babysit for him.] There is no question that Jews are proud that an Orthodox Jew will publicly be keeping Shabbos in his future in Major League Baseball.  We must also constantly make sure that we always strive to ramp up our observance and appreciation of the glorious gift we have in Shabbos.

The author can be reached at [email protected]

[^^]  Please Help! They are graduates of Public School.   Each of these fine young ladies need assistance in securing their religious Jewish future! [^^]

https://thechesedfund.com/gilastuition/fundraiser

https://thechesedfund.com/simastuition/fundraiser

https://thechesedfund.com/rachelstuition/fundraiser