Eruvin 104 Soccer on Shabbos and when a גזירה’s reason doesn’t apply

One of the more contentious issues in many communities today is the question of children, teens, and even adults  playing  sports on Shabbos.

On the one hand, many argue that not only does this practise not confirm with the required atmosphere for the holiest day of the week, it also involves many other halachik problems.

On the other hand, most of these points could be arguable, and there is a strong argument that for many, they can certainly enhance their “oneg shabbos” , itself a major mitzva.

Some of the issues raised against playing games like soccer even in a private domain, are:

  1. Running itself is prohibited on shabbos. (see Shabbos 113a)
  2. The game is not in keeping with the spirit of shabbos and could even be in the category of forbidden weekday activities (see Peninei Halacha Shabbos 24/9 based on Rav A.I. Kook)
  3. Running on long  grass is problematic as one might come to uproot the grass while doing so, itself a forbidden melacha on shabbos. (see M.B. 336/25)
  4. Playing with a ball along the ground is prohibited on shabbos. (see M.B. 308/158)
  5. A ball is muktza (see S.A. O.C. 308/45)
  6. There is  a Midrash (Eichah Rabba parsha 2, possibly also referenced in the Yerushalmi  Taanis 4/5 ) that blames the destruction of the city טור שמעון on the fact that they played with balls on shabbos.

We saw in a recent post (see Eruvin 100)  that although walking in a rushed manner and running on shabbos are forbidden due to the passuk in Yeshaya forbidding weekday activities, in particular walking in a weekday rushed manner, running for the sake of a mitzva is permitted, as is running for “oneg shabbos” or even to get to an activity from which one will get “oneg shabbos.”

As such, the first 2 points seem less problematic, and although some have argued that given its nature as a commercial sport, soccer might be different to running and still be considered a weekday activity (Pninei halacha based on Rav A.Y. Kook ), this argument seems rather subject to debate, given that  both running and all sports are popular both privately and commercially.

In fact, given one’s busy school or work schedule during the week, they are actually far more popular on weekends than on “weekdays” and singling out sports like soccer as being particularly commercial in nature when it is a game played casually by young people in their backyards in most places in the world seems somewhat subjective.

We saw in that post that there is no issue with walking on grass on shabbos, even on long grass, and even with shoes with nails in them, due to the principle of דבר שאין מתכוין מותר.

We also saw that although the Mishna Berura forbids running on long grass and consider it פסיק  רישיה, this does not apply on short grass, and the Aruch haShulchan disagrees strongly and permits running on short grass as well- we also  analyzed the basis for this disagreement in classical sources.

Even on long grass according to the Mishna Berura, this would at worst only be rabbinically prohibited as פסיק רישיה דלא ניחה ליה  , seeing as one derives no benefit from any grass uprooted during the game.

The fifth point is a sugya in its own right, and needs to be dealt with separately, but the Rema (O.C. 308/45) rules that this is not an issue in any case, and the sixth point is aggadic material which needs to be understood but is not necessarily halachically relevant. Indeed, it is not mentioned by most Rishonim and Achronim at all ( see though Aruch haShulchan O.C. 38/70  who does bring it into the discussion.)

For the purposes of this post, I would like to focus  on point 4, which is based on a discussion on this very daf.

The Gemara has been discussing the prohibition of השמעת קול, making sounds with objects (as opposed to the voice) on shabbos, which is rabbinically forbidden in case on comes to fix a musical instrument.

The Gemara has been entertaining the later rejected  possibility that not only קול של שיר, the kind of sounds that accompany song are forbidden, but even other sounds, such as knocking on the door, making noise to wake someone up ,clapping hands to scare away birds, or drawing water with a wheel-run device are also forbidden.

One of the attempted proofs the Gemara brings is from a ruling of Rav quoted by Rav Yehuda that women who are accustomed to play with hazel-nuts  (rolling them like marbles, which Rashi explains was a common pastime for ladies) may not do so on Shabbos.

The Gemara at first assumed that this is because of the sounds they make and that this ruling is proof that even non song-related noises are forbidden.

It rejects this proof by explaining that the reason for this rabbinical prohibition is completely different, and is due to the concern that they might fill-in any holes in the courtyard ground that get in the way of the game (where the hazelnuts could be trapped.)

This could involve the melacha of building (indoors or perhaps in  courtyard) or ploughing (outdoors.)

It brings further evidence that this must be the reason from the fact that Rav Yehuda also forbade rolling apples along the ground, though they do not make noticeable sounds like hazel nuts.

However, it is very possible that this decree is limited to

  1. Women who play this game commonly, and not others for whom the concern is not so common
  2. Hazelnuts and apples which are relatively small and easily trappable in small to medium sized holes in the ground, and not larger spherical   objects such as a melon or a modern-day soccer balls (I am using this term for the sake of clarity although it is not a precisely accurate description for these items.)
  3. Situations and/or times where the ground used is usually already smooth and/or it is not common for players to smooth the ground out before or while playing.

Due to points 2-3, playing soccer is clearly rather removed from the decree that formed the basis for Rav’s ruling, and applying this prohibition thus seems to be quite a stretch.

Although one might argue from the case of the apples that the decree was not limited to small spheres such a hazel-nuts but included round items of all sizes, it is just as likely that it included items as large as apples, but not significantly larger, as argued in point 2 above

The issue raised in point 3 requires much analysis:

There is a general rule of אין בית דין יכול לבטל דברי בית-דין חבירו אלא אם כן גדול ממנו בחכמה ובמנין  – one court may not annul the words of an earlier court unless it is greater than it in wisdom and numbers  (Megila  2a ) .

 This and the related rules of

  1. 1.        כל דבר שבמנין צריך מנין אחר להתירו  (Beitza 5a-anything voted as forbidden by a court/group of authorities  requires another vote to permit it)

AND

  •  לא פלוג רבנן (B.M 52a-the Rabbis do not differentiate between different cases in their decrees but rather make blanket rules )

seem to preclude annulling a decree such as this just because the concern of smoothing out holes does not apply commonly in a friendly soccer game.

Yet, there are various times where Tosfos argues that decrees do not apply in our day precisely because the reason for the decree is not relevant in our day.

For example, they argue that the prohibition of clapping, banging, and dancing even to song does not apply in our time because we are not expert in making/fixing musical instruments anymore and there is no concern one would do so (Beitza 30a ד”ה “תנן” )

They also argue that

  1.  the  prohibition of drinking מים מגולים  did not apply in their time as snakes were not common )Beitza 6a)
  2.  a bird used for children’s entertainment might not be muktza (Shabbos 45b),
  3.   the prohibition of entering into a partnership with idol-worshippers did not apply in his day seeing as the concern that they would make one swear by their idols was not relevant )Sanhedrin 63b ד”ה “אסור”, though the exact point Tosfos is making there is subject to much debate)

Whereas the question as to how the Tosfos are able to do this despite the principles quoted above requires a serious analysis, and one commonly suggested explanation is that they are not suggesting that the decree no longer applies but that the circumstances at hand are SO clearly different to those under which the decree was made that they were never included by Chazal in the decree in the first place.

While even this less controversial explanation of the approach of the Tosfos might not be accepted by many other Rishonim, there appears to be some precedent for it on our very daf.

One of the things that our Mishna permitted in the Mikdash as part of the long list of rabbinic prohibitions mentioned in our perek that do not apply there, was drawing water from certain pits with a wheel.

The implication of the Mishna is that this would be forbidden rabbinically  outside the Mikdash , and after suggesting that this is due to the prohibition against making sounds, the Gemara answered that it is out of concern that one might come to draw water to water his garden or ruin.

Despite this, the later Amora Ameimar permitted drawing water in such a way in the town of Mechoza, because there were no gardens or ruins there, until he saw that they used it for other forbidden purposes, such as soaking flax.

This seems to indicate that a later authority  (Ameimar) may permit something forbidden by an earlier authority (in this case none other than a Mishna) because the circumstances under which the decree was made do not exist.

The approach of the Tosfos thus seems clearly anchored in precedent, and even in the unlikely scenario that the decree against playing with hazelnuts and apples on a rough surface extended to larger spheres on a smooth surface, in a time and place where it is not common to play soccer on surfaces one would need to smooth during the game or directly before, there would still be reason to argue that such far-removed circumstances were never included in the decree in the first place.

Given the multiple reasons for leniency mentioned above and the fact that we are dealing with at most a rabbinical prohibition, forbidding soccer for reasons of this decree thus seems to be a rather stringent approach to the question.

We can also add to this the fact that the Tosfos on our daf say that even in the circumstances described on our daf with hazelnuts and apples, we should not protest and women and children who do this due to the principle of מוטב שיהיו שוגגין ואל יהיו מזידין , and there is strong argument that this principle also applies to teenage boys and other males who are also unlikely to listen.

At the end of the day, there are certainly worse things that kids could be up to these days, and although there might be other halachik, ideological, and policy issues that need to be taken into account before permitting it, this particular concern certainly doesn’t seem like cause for a major confrontation with them.

Having said this, achieving some balance is important- Given that Shabbos and Yom-Tov are supposed to  be special opportunities for spiritual pursuits such as davening, learning Torah, singing songs of praise, and strengthening the family, and not just for physical enjoyment, it seems clear that if these essential aspects of shabbos are replaced chas veshalom by sporting activities, this is a serious lack of כבוד שבת and is certainly forbidden.

As such, even if we permit  (or turn a blind eye to) kids playing sports during the afternoon while adults would usually be resting, it is essential to gently encourage and educate them to be a full part of the shabbos experience, both in shul and at home.

These posts are intended to raise issues and stimulate further research and discussion on contemporary topics related to the daf. They are not intended as psak halacha

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s