Snow, Garbage or Other Sidewalk Obstructions on Shabbos – Halacha

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  • #2506611
    Red Adair
    Participant

    This past Shabbos obstructed sidewalks affected several shul-goers throughout our neighborhoods. Sidewalks which had been cleared before Shabbos had garbage blown onto them or empty garbage pails placed in a way that blocked them by sanitation workers. I personally witnessed someone who walked with a cane being forced to walk over a slippery, snowy area, despite the property owner having shoveled a clear path, due to emptied garbage cans that were placed in a way that blocked the entire sidewalk.
    Please be aware that in cases like this moving the obstruction on Shabbos is likely permitted. There are several factors involved in how and if the obstruction should be moved – from reshus harabim to reshus harabim, the distance it may be moved, whether it requires a non-standard method of moving, a clearly dangerous obstruction vs. one that isn’t – and of course nobody should take action based on a post like this one without verifying the halocha for themselves. (I did notice some frum property owners who moved the pails so their sidewalks were no longer blocked, while others did not move them until after Shabbos ended.)
    The dinonline website discusses this issue, for those who may be interested.

    #2507224
    ujm
    Participant

    Mechallel Shabbos is absolutely positively NOT permitted.

    #2507358

    Red Adair, a good point. There might be disagreements between poskim on what is allowed.

    Note also difference between private and public policy. Privately, if my driveway is too dangerous, maybe I should not shovel, but stay home and have a great shabbos with my family. But, if there is a public path, there will be enough “heroes” including elderly who will venture out and risk their health, so it becomes pikuach nefesh to protect them. Or maybe to put barriers and signs that travel is prohibited 🙂

    #2507849
    Avram in MD
    Participant

    It’s not permissible to shovel snow on Shabbos, even if there’s an eruv, because it’s a weekday activity and an exertion. Pikuach nefesh would not apply because there’s no immediate pressing danger. A non-Jew can shovel, and if there’s an eruv, you may be able to ask him directly to shovel. But you cannot make an arrangement on Shabbos to pay him for shoveling. But I think you can hint that it’d be worth his while to shovel.

    Regarding garbage cans… if they are in the way because they’ve rolled or been set on the sidewalk, I think you can kick them out of the way or push them with your legs?

    #2507888
    DovidBT
    Participant

    If your muad ox gets loose on Shabbos, are you permitted to capture him so that he won’t hurt people?

    #2508042
    Gadolhadorah
    Participant

    There are many elderly yidden walking to shut who are challenged under the best of circumstances and being forced to climb over frozen mounds of snow at driveway entrances or walk out in the street where traffic is also trying to squeeze by because portions of the moving lanes are still blocked with snow IS clearly an issue of pikuach nefesh. Yes, one could argue they are “deliberately” creating the sakanah and should be staying home but that is not reality. If you know there are those who ordinarily walk on the sidewalk past your home or business and fail to clear the snow/ice, than obviously you do whatever you have to do to keep them safe.

    #2508099

    Dovid, a good analogy. See OC 317:10 saying that dangerous animals with deadly bite can be killed on shabbos even if they are not pursuing anyone, otherwise – only when chasing.

    Also, see an article by R Dovid Sukenik that starts with ” In cases in which leaving snow or ice on the ground would pose an immediate danger, the snow may be removed, as pikuach nefesh overrides Shabbat. This scenario is not very common, however. The scope of this article is limited to cases in which there is no imminent danger. “. I think the Rav does not live in upstate NY …

    He also says that there are authorities who say snow is muktze (Pri Megadim) and there are those (majority) that do not. Even for those that say it is muktze, it follows from Taz on bones that one move it away.

    Another concern: uvda chol, this will allow doing it for a mitzva – guests, walking to shul, tzaar, financial loss (town ticket?)

    There are other concerns – making shabbat like chol – that probably only applies in Anchorage and Gulag – that have snowstorms for the whole season.

    #2508470
    Avram in MD
    Participant

    DovidBT,

    “If your muad ox gets loose on Shabbos, are you permitted to capture him so that he won’t hurt people?”

    Ok fine. If your kids build a three-headed abominable snowman and its lumbering about on Shabbos, you can whack it with a shovel.

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