Question:
Hello Rabbi,
If one is walking on Shabbat in an area where the eruv is debatable, such as Brooklyn,NY, and his hat/kippah falls off, what should one do in that situation?
Can he rely on those that permit the eruv even though he normally doesn’t hold of it? Also does it matter that when he picks it up he’s not walking 4 amos, or its considered a change in reshut when he puts it on his head?
Thank you
Answer:
As you know the Torah forbids to move something from רשות הרבים to a רשות היחיד and so the opposite. It is also forbidden to move something 4 Amos in רשות הרבים.
The 4 Amos around a person are considered his private domain so therefore even if he is standing in a רשות הרבים he can still move something within his 4 Amos,If he moves it more than 4 Amos it is considered as if he moved it from a רשות היחיד to a רשות הרבים. Therefore no problem to pick up your hat that fell off.
Sources:
O:CH 346:1-2′ 349:1
