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Highlights of a Shiur by Rav Daniel Dombroff
A plane on the tarmac is a flight risk…
El Al Flight 002 was scheduled to depart JFK for Tel Aviv on Thursday, November 15 at 6:30 pm. Long story short: It didn’t.
As delays on the tarmac mounted, pushing the projected arrival time ever closer to Shabbat, Shomer Shabbat passengers asked that the plane be returned to the gate so they could disembark and remain in New York.
The captain announced that he would do just that. And as the air-traffic control audio recordings make clear, he received permission from the tower to do so, more than five hours after his scheduled departure. But to the shock and consternation of the observant passengers, he then proceeded—without explanation—to take to the skies.
What happened next is not the subject of this article. Its subject is the Halachic issues that would have arisen had the plane not in the end been diverted to Athens, and it had landed on Shabbat. (Which is exactly what the other ill-fated JFK-to-Tel Aviv El Al flight that night actually did, but that’s another story.)
Of course, one should avoid traveling close enough to Shabbat to risk this outcome. Should Oness (duress) bring it about, Halila, here is a general guide to some of the issues one might face.
Pre-Shabbat Prep
If you become aware that your flight will land on Shabbat, there are some things to do before Shabbat begins.
You will probably be carrying money and a mobile phone. These should be moved from shirt pockets to pants pockets. This is because typically, a shirt pocket is a flat fabric panel stitched to the shirt, requiring the shirt itself to perform half the pocket duties, but a pants pocket is a full standalone pouch that is attached to the garment (See Shulhan Aruch O.H. 310:7, Rama). As a result, walking with money in a trouser pocket is not Tiltul (carrying) Muktze and, according to some, doesn’t require shaking out (Mishna Berura ibid. 30). However, the pocket does become a Basis (base) for Muktze, with the implication that one may not move the pocket with his hand on Shabbat.
Ner Shabbat
At the appropriate time, turn on your overhead lamp L’Shem Mitzva. Because the lights on modem aircraft do not utilize incandescent bulbs, no Beracha is recited.
Carry-Off Bags
You may take your carry-on luggage from the plane (see O.H. 310:8), because the non-Muktze items it holds will generally be of greater value than the Muktze, and the Muktze things cannot be shaken out. Even if the latter are more valuable and the bag is therefore a Basis, see Shulhan Aruch O.H. 266 about the specific leniencies afforded by this type of Oness (duress).
Tehum Shabbat
One may not travel beyond two thousand Amot from the settlement in which he finds himself at the onset of Shabbat, where he is Kone Shevita (lit. acquires settlement for Shabbat, where he is stationed). Even if Tehumin don’t exist above the level of ten Tefahim from the ground (see Mishna Berura 404:7), you are nevertheless Kone Shevita, it would seem, when the plane descends to an altitude of ten Tefahim, moments before landing. The runway is an uninhabited area larger than a Bet Sa’atayim, so the Tehum count begins immediately at that point (O.H. 396:2).
Your arrival gate will generally be more than 2,000 Amot from that spot, so when you get there you’re already out of Tehum. This leaves you with only your Dalet Amot in which to maneuver for the balance of Shabbat. However, both the plane and the jetway are Reshuyot HaYahid and considered an extension of that Dalet Amot.
But what of the airport itself, beyond the jetway? Although enclosed, it is generally larger than a Bet Sa’atayim and so is considered a “Karfef” (lot) rather than a Reshut HaYahid with regard to carrying—and so, it would seem, your Dalet Amot would not include the terminal—unless it was Hukaf L’Dira, enclosed for dwelling purposes like eating and sleeping (ibid. 358). There is room to argue that we reckon the airport as such on account of the restaurants on the concourse and the stranded passengers that routinely sleep in the terminal. This would permit walking and carrying.
Se’udot Shabbat
If wine and bread are not available but Mezonot items are, one should be Kovea Se’uda on them and use them for Kiddush. (See Pit’he Teshuva 168 that a mere KaZayit may suffice.)
Bread isn’t valid for the daytime Kiddush, but by then you will have made enough friends in the terminal to finagle a Hamar Medina (nationally accepted wine-like beverage), like beer.
Bathroom breaks
Most airport restrooms are now equipped with automatic-flush toilets. These devices utilize a sensor that detects the presence of a person. When that presence is no longer sensed, a solenoid valve is activated and the toilet flushes.
Depending on the type of sensor in use, a paper towel or tissue placed in front of it might prevent the flush. This should be done if possible, but one may still use the toilet if it isn’t, considering that the situation is one of P’sik Reshe D’la Niha Leh (a Melacha that will surely happen as a result of you engaging in another act, while you have no interest in the Melacha that takes place) on a D’Rabbanan (rabbinic prohibition), with Kavod HaBeriyot (human dignity) at stake.
Departure
Whether under any circumstances one might be permitted to take the airport shuttle bus to a hotel is beyond the scope of this article.
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May we merit to fulfill the Mitzvot of Kevod (honor) and Oneg (enjoyment) on every Shabbat of our lives in the best way possible, Amen.