(2011/5771)
A group of young women touring Alaska asked me if it is permissible for them to engage in recreational gun shooting on a Friday. The basis of their question was a ruling they had received from their Rav that they should avoid performing Torah-prohibited Shabbat labor on Fridays in certain portions of Alaska.
Basis for the Ruling – The Dateline Dispute
This ruling emerges from the celebrated dispute regarding the location of the Halachic dateline, an issue that is summarized in an essay written by TABC graduate Willie Roth and is archived at www.koltorah.org. There are three major opinions regarding this issue. The Chazon Ish (Orach Chaim, Kuntress Eighteen Hours) locates the dateline ninety degrees east of Jerusalem, while Rav Yitzchak Herzog, Rav Yechiel Michel Tukachinsky and other leading Jerusalem rabbis of the 1940’s believe that it is one hundred and eighty degrees from Jerusalem. Rav Zvi Pesach Frank (Teshuvot Har Zvi Orach Chaim 1:138) rules that there is no such thing as a Halachic dateline. Instead, a person just follows the day that the country that he is in is observing.
According to both the Chazon Ish and Rav Frank, Alaska is located to the east of both the international and Halachic dateline. However, according to the Jerusalem rabbis, half of Alaska lies to the west of the Halachic dateline (the 144.8°W meridian according to this opinion), and thus Shabbat should be observed there on what the international community regards as Friday.
An additional factor is the opinion of the Chazon Ish “that we do not split the continent.” According to the Chazon Ish, if part of a continent, such as Australia, lies within ninety degrees to the east of Jerusalem, then the entire continent is considered to lie to the west of the dateline. Similarly, since Alaska is part of North America, most of which lies on the “Jerusalem side” (east of the Halachic dateline) of the dateline, by using the Chazon Ish’s principle of stretching the dateline to the border, all of Alaska is east of the Halachic dateline. Not all authorities agree with this assertion of the Chazon Ish. The Brisker Rav (cited from Rav Hershel Schachter, Journal of Halacha and Contemporary Halacha 21:69), for example, is reported to have disagreed.
The Rav of these young ladies considered all these opinions and issued a compromise ruling that one should refrain from Biblically forbidden Shabbat labor (such as writing, lighting a match and driving a car) if they are located to the west of the 144.8°W meridian on Friday in Alaska. We should note that visitors to Hawaii should consult their Rav about Shabbat observance there, since Hawaii lies to the east of the dateline according to the Chazon Ish and Rav Frank but west of the dateline according to the Jerusalem rabbis.
Firing Weapons – A Biblical Prohibition or Rabbinic Prohibition
I ruled that it is forbidden for these women to fire weapons on Friday. It appears obvious that firing a rifle constitutes a Biblical level labor of Mavir (kindling a fire). Combustion, which is similar to pressing the accelerator in an automobile, occurs when one fires a gun. Even though there is no lasting effect (in general, one is considered to have engaged in a Biblical level act of labor only when the act is one of permanent effect, not a temporary act such as a temporary knot or creating a temporary structure), since one has accomplished his goal, one is considered to have performed a Bibilcal act of labor.
In order to appreciate this issue, we must briefly explore the concept of “Eino Mitkayeim.” The Mishnah (Shabbat 102b) states a broad rule (in the context of presenting the rules concerning Boneh, building on Shabbat): “This is the rule: one who performs a creative act (Melachah) which has a permanent effect (Mitkayeim) has violated a Biblical prohibition.” A Melachah that has only a temporary effect, by contrast, is only Rabbinically prohibited.
Although the rule is clear, its application is not, as it is difficult to precisely define the concept and category of Davar HaMitkayeim. The Tiferet Yisrael (Kalkelet HaShabbat, Boneh) cites the Peri Megadim, who rules that a Melachah that lasts eight or nine days is defined as Mitkayeim. The Sha’ar HaTziyun (303:68) infers from the Rambam (Hilchot Shabbat 9:13) that a Melachah is defined as Mitkayeim if it lasts through Shabbat. However, he writes that Rashi (Shabbat 102b s.v. BeShabbat) seems to believe that Mitkayeim means that it lasts forever. In the context of the Melachah of Kosheir (making a knot), the Rama (O.C. 317:1) cites two opinions regarding when a knot is considered to be “lasting” (Shel Kayama). One opinion is that it must last one day, and one opinion says it must last seven days, in order to be defined as “permanent.”
To complicate matters further, it is clear that certain acts are considered Mitkayeim even if their effects are fleeting. For example, Rav Hershel Schachter once noted (in a personal conversation) that striking a match constitutes a Biblical violation on Shabbat, even though it lasts only momentarily. It is regarded as Mitkayeim, since one has accomplished his goal (Melechet Machshevet; see Rashba, Shabbat 115b s.v. Ha DeAmrinan, who asserts that this is the reason why a Davar SheEino Mitkayeim is not Biblically forbidden).
In addition, Rambam (Hilchot Shabbat 12:1) writes that it is biblically prohibited to heat metal on Shabbat until it glows, even though the metal will cool down relatively quickly after it is heated. Rav Dovid Ribbiat (The Thirty Nine Melochos 1:134 in the Hebrew section) explains that the concept of Mitkayeim varies from Melachah to Melachah as well as from act to act. A match normally is lit only momentarily, and metal is usually heated to a glow only for a brief period; thus, these acts are regarded as Mitkayeim.
Rav J. David Bleich commented to me that each time one presses on an automobile’s accelerator, he is considered to have engaged in a Biblical-level labor of Mavir. Since he has accomplished his goal in its normal manner, the act constitutes a Biblical-level act of Mavir. Firing a weapon seems no different.
We should note that even if I felt that these women’s Rav could have adopted a more lenient ruling regarding Shabbat observance in Alaska based on the preponderance of opinions (and possibly even common practice) that do not require any Shabbat observance on Friday in any part of Alaska, I had to respect the Rav’s ruling. The Shulchan Aruch (Yoreh Dei’ah 242:31) forbids overturning another’s Rav’s ruling except for very limited circumstances (see Gray Matter 3:243-248 for further discussion of this issue).
Women and Firearms
In addition to Shabbat concerns, women are forbidden to bear arms any day of the week. The Torah (Devarim 22:5) prohibits women from wearing clothing customarily worn by men and vice versa. Rambam (Hilchot Avodah Zarah 12:10) rules in accordance with the view of Rabi Eliezer ben Yaakov (Nazir 59a), who includes women’s bearing arms in this prohibition. Rashi (ad. loc. s.v. Talmud Lomar) adds that for this reason Yael killed Sisera with a peg and not a conventional weapon (Shofetim 5:26; see Targum Yonatan ben Uzziel ad. loc. who presents the same explanation as Rashi).
Both Rav Moshe Feinstein (Teshuvot Igrot Moshe O.C. 4:75:3) and Rav Ovadia Yosef (Teshuvot Yechaveh Da’at 5:55) forbid women from bearing arms except in life-threatening situations. Indeed, the common practice in most of the Religious-Zionist community is for women not to serve in Tzahal but to perform Sheirut Leumi (national service), following the ruling of Rav Tzvi Yehuda Kook (Techumin 3:387). Thus, I instructed the women never to visit a firing range.
Recreational Firing of Weapons
Moreover, I believe that recreational gun shooting is an inappropriate activity for a Jew, male or female, any day of the week. While training to use a firearm for security needs, such as serving in Tzahal or guarding Israeli communities (as I did during the years I studied at Yeshivat Har Etzion), is certainly permitted and may even constitute a Mitzvah of Gemillut Chessed (see Seforno to BeReishit 15:1), I feel that recreational firing of arms should be avoided. In my opinion, it is analogous to Rav Yechezkel Landau’s ruling (Teshuvot Noda BiYhuda Yoreh Dei’ah 2:10) forbidding recreational hunting because (among other reasons) in the Tanach, we find that recreational hunting is an activity of people of poor character, such as Eisav and Nimrod. Rav Landau believes that certain activities are simply not fitting for a Jew, even if they are not technically forbidden.
In fact, the majority opinion in the Mishnah (Shabbat 63a) regards weapons as degrading, noting that when Mashiach will come, all weapons will be converted into agricultural equipment (Yeshayahu 2:4). Tragically, our enemies force us to don the “clothes of Eisav” and bear arms to defend ourselves. Although we are grateful that Jews today are able to defend themselves, we would much prefer to eliminate firearms from the face of the earth when Mashiach arrives. I can hardly see recreational gun use as compatible with Yeshayahu’s vision.
Conclusion
Accordingly, there are three reasons for these women not to fire weapons on Friday in Alaska: it might violate Shabbat (according to the ruling of their Rav), women may never bear arms (except in case of danger to life) and even men should find alternative recreational activities to firing weapons. In fact, I advised the women to seize the opportunity to take a bus tour (only a Rabbinic prohibition on Shabbat; see Teshuvot Har Zvi Y.D. 293) to see some of Alaska’s unparalleled beauty and scenery. Such activity serves to increase one’s love and reverence for Hashem (see Rambam Hilchot Yesodei HaTorah 2:1-2). This would be a far better way to spend one’s valuable time than firing lethal weapons for sport.