Child Carrying Food to Shul in an Area Without an Eruv:[1]
One of the common practical questions that arises in communities without an Eruv is what to do when young children accompany their parents to Shul on Shabbos and become hungry. Parents often wish to bring snacks, bottles, or other food for their children, and the question arises whether one may place a bag of food into the child’s hand at home and allow the child to carry it to Shul. The issue is particularly common with young children who may cry, complain, or be unable to comfortably remain in Shul without food.
The discussion revolves around the distinction between adults and children, the obligation of Chinuch, and the prohibition against causing a child to violate Shabbos. On the one hand, there is basis to be stringent and prohibit such arrangements entirely. A father is obligated to educate his child in mitzvah observance, and furthermore it is generally forbidden for any Jew to actively cause a child to transgress a prohibition, even if the child is below the age of Chinuch. Accordingly, one might argue that giving a child food with the intent that he carry it is akin to instructing him to violate the prohibition of carrying. On the other hand, there is room to be lenient when the carrying is done for the child’s own need, as food is something necessary for the child, and especially in contemporary times when carrying in most locations without an Eruv involves only a Rabbinic prohibition due to their status as a Karmelis rather than a Biblical Reshus Harabim. The halachic parameters of these distinctions are discussed below.
While adults are prohibited from carrying, the laws regarding children are more nuanced and depend on several factors, including the child’s age, whether the food is intended for the child or an adult, whether the area is a Rabbinic or Biblical public domain, and whether the carrying occurs occasionally or on a regular basis. The distinction between a child below the age of understanding and a child who has already reached the age of Chinuch plays a central role in these laws. Furthermore, even where a leniency exists, care must be taken that the adult not actively perform the prohibited act through the child due to the Issur of Sefiyah.
- The Background from the Poskim[2]
Some Poskim[3] rule that there is room to be lenient regarding a child carrying in a karmelis when the child is carrying an item for his own benefit and need. Their reasoning is based on the opinion[4] that, when a child has a genuine need, one may allow him to transgress a rabbinic prohibition. Nevertheless, the practical ruling is that one should initially be stringent and not rely on this leniency unless he is below the age of Chinuch, or it is a pressing situation and it is done on a mere occasion, as will be explained next. [Accordingly, many families who live in areas without an Eruv are accustomed to be stringent and not allow a child of any age to carry anything to Shul, even food and snacks intended for the child’s own consumption. If the child will not be able to comfortably remain in Shul without food, they simply do not bring the child to Shul. Nevertheless, those who are lenient in a time of need have upon whom to rely, provided that the carrying is done within the parameters of leniency discussed below, namely that it is for the child’s own need, involves only a Rabbinic prohibition, and satisfies the other conditions outlined by the Poskim.]
- A Child Below the Age of Understanding[5]
If the child is below the age of understanding (approximately under three years old), he may be given food to carry to shul for his own consumption, in an area that is only a karmelis. Some learn that this may be done even on a constant basis, and even if one instructs the child to carry it.[6] However, it is forbidden to give the child food to carry on behalf of the father.[7] All the above refers to a Karmalis, however in a Biblical Reshus Harabim, it is completely forbidden to tell a child to carry any item even for his own use.
- Above the Age of Understanding
Based on the lenient opinion above in A, a child who is above the age of Chinuch may only be given food to carry outside in an area without an Eruv if a) the food is needed for his own consumption[8], and b) no non-Jew is available to do the carrying[9], and c) the area does not have the status of a Biblical public domain[10], and d) it is done only on mere occasion.[11] However, one may not give the child food to carry on behalf of an adult. The leniency applies only when the carrying serves the child’s own need. All the above refers to a Karmalis, however in a Biblical Reshus Harabim, it is completely forbidden to tell a child to carry any item even for his own use.
- Even where a child is permitted to carry, the adult should not place the item directly into the child’s hand, but should instead leave it before him and allow the child to pick it up himself, as explained in D.
- Placing an Item into a Child’s Hand to Carry[12]
Even in cases where a child is permitted to carry an item, the adult should not place the item directly into the child’s hand for the purpose of carrying it. Rather, the item should be placed in front of the child, and the child should pick it up on his own.[13]
- Holding Hands or Assisting a Child Who Is Carrying an Item[14]
Even in cases where a child is permitted to carry an item for his own needs, the father should be careful not to assist him in carrying the load.
Picking Child Up: Accordingly, the father may not pick up the child while he is holding the item, even in situations where there would otherwise be no prohibition in carrying the child himself due to the principle of chai nosei es atzmo.
Holding Hands: Likewise, the father should not hold the child’s hand that is carrying the object, as this constitutes assisting him in transporting the item.[15] All of the above concerns apply only when the adult is holding the same hand in which the child is carrying the object. However, if the adult is holding the child’s other hand, there is no concern according to all opinions, since the adult is not assisting in the carrying of the item in any way. Accordingly, one may hold the child’s free hand even while the child is carrying an object.
Two-Sentence Summary
In areas without an Eruv that have the halachic status of a Karmelis, there is room in certain circumstances to allow a child to carry food that is needed for his own consumption, especially if the child is below the age of Chinuch or there is a genuine need and no better alternative is available. Nevertheless, one may never use a child to carry on behalf of an adult, one may not rely on this leniency in a Biblical Reshus Harabim, and even where carrying is permitted, care must be taken not to directly place the item into the child’s hand or otherwise assist the carrying in a manner that violates the prohibition of Sefiyah.
Quick Reference Table
| Situation | Allowed? | Conditions |
| Child under age of understanding carrying his own snack in a Karmelis | Yes | For the child’s own need |
| Child under age of understanding carrying for an adult | No | Forbidden |
| Child under age of understanding carrying in a Biblical Reshus Harabim | No | Forbidden even for his own food |
| Child above age of Chinuch carrying his own food | Limited leniency | Only for his own need, in a Karmelis, when necessary and not regularly |
| Child above age of Chinuch carrying for an adult | No | Forbidden |
| Regularly relying on older child to carry food to Shul | No | Leniency is only for occasional need |
| Non-Jew available to carry | No leniency | Prefer using the non-Jew |
| Adult places item directly into child’s hand | No | Due to Sefiyah and Akirah concerns |
| Item left before child to pick up himself | Preferred | Where the leniency otherwise applies |
| Parent carrying child while child holds food | No | Parent assists the carrying |
| Parent holding the same hand carrying the item | Preferably not | Subject to dispute |
| Parent holding the child’s other hand | Yes | No concern according to all opinions |
Practical Examples
Example 1
A two-year-old child becomes hungry in Shul and needs a snack. In a neighborhood that is only a Karmelis, there is room to allow the child to carry a small snack for his own use while walking to Shul.
Example 2
A parent places a cookie on a nearby table before the child leaves for Shul. The child independently picks it up and carries it. This is preferable to putting the cookie directly into the child’s hand.
Example 3
A seven-year-old child wants to bring crackers to Shul for himself. If there is a genuine need, no non-Jew is available, the area is only a Karmelis, and this is not being done as a regular practice, one may have room to rely on the lenient opinion.
Example 4
A parent places the family’s Kiddush cake into a child’s bag and asks him to bring it to Shul. This is forbidden, since the carrying is serving the adults and not the child.
Example 5
A child is carrying his own snack to Shul, and the parent picks him up while he is holding it. This should be avoided, as the parent is now assisting in transporting the item.
Example 6
A child is carrying a candy in his right hand while walking to Shul. The parent wishes to prevent him from running away and therefore holds the child’s left hand. This is permitted, as the parent is not assisting in carrying the item.
Example 7
A child is carrying food through an area that qualifies as a Biblical Reshus Harabim. Even if the food is for the child’s own consumption, one may not instruct or arrange for the child to carry it.
Example 8
A family routinely sends the same child to bring snacks to Shul every Shabbos. Even where a leniency might exist in isolated cases, this regular practice should not be relied upon, particularly for a child who has reached the age of Chinuch.
[1] See Admur 343:5-6 and 8; Taz 346:6; Darkei Moshe 325:8; P”M 346 M”Z 6; Shoel Umeishiv Gimel 1:117; Tiferes Yisrael Hilchos Eruvin; Shut Harim O.C. 3; Shoel Umeishiv Gimel 2:53; Pnei Mevin O.C. 240; Meishiv Davar 1:20; Eretz Tzevi 75; Piskeiy Teshuvos 343:3 footnotes 40-45; Encyclopedia Talmudit Vol. 16 p. 198 footnotes 5244-549; Chinuch Habanim Kehilchaso 51:2-5
[2] See Admur 343:5-6; 269:3; 362:17; 471:10; Taz 346:6; 619:3; P”M 346 M”Z 6; Chasam Sofer O.C. 99; Shut Rav Akiva Eiger 15 [Meikal]; Maharam Shick 173; Shut Harim O.C. 3; Levushei Mordechai O.C. 60; Chikrei Lev 69; Peri Yitzchak 1:11 [Machmir]; Shoel Umeishiv Gimel 1:117; 2:53; Pnei Mevin O.C. 240; Meishiv Davar 1:20; Yad Yosef 343:4; Tiferes Yisrael Hilchos Eruvin; Arugas Habosem 71; Eretz Tzevi Frumer 75; Kaf Hachaim 343:27; Piskeiy Teshuvos 343:3 footnotes 40-45; Piskeiy Teshuvos 343:13; Chinuch Habanim Kehilchaso 51:7-30; Toras Hakatan 28:11
Background of This Halacha
This halacha is subject to considerable debate, controversy, and complexity within the Poskim. Its foundation lies in the discussion presented at length in Chapter 1, Halacha 8, regarding the dispute between the Rambam and the Rashba as to whether a child—even one who has reached the age of chinuch—may be allowed or instructed to perform a rabbinic prohibition for his own benefit or for the sake of a mitzvah. There, the Alter Rebbe concludes that in a time of need one may rely on the lenient opinion and permit a child to perform a rabbinic prohibition for his own sake or for the purpose of a mitzvah. The core issue here is whether carrying a siddur, chumash, food, or similar item to shul falls within these parameters. Specifically, is such carrying considered to be for the child’s mitzvah needs, and is the carrying prohibition in the given circumstance only rabbinic in nature? The answers to these questions form the basis of the discussion.
[3] See Taz 346:6; P”M 346 M”Z 6; Shoel Umeishiv Gimel 1:117; Tiferes Yisrael Hilchos Eruvin; Shut Harim O.C. 3; Shoel Umeishiv Gimel 2:53; Pnei Mevin O.C. 240; Meishiv Davar 1:20; Eretz Tzevi 75; Piskeiy Teshuvos 343:3 footnotes 40-45; Piskeiy Teshuvos 343 footnotes 42-45 Piskeiy Teshuvos 343:13
[4] Yeish Omrim in Admur 343:6 “And there are those who say that anything which is for the need of an infant—such as eating and drinking—the Sages did not decree against it at all, and it is permitted to feed him by hand any matter whose prohibition is only rabbinic, if he needs it, even if he has reached the age of education (Chinuch).” Stam ruling in Admur 343:7 “But anything that is for the infant’s own need and benefit, the Sages were not concerned that he might become accustomed to it and do the same when he grows up. This is because it is known to him that they permit his needs only because he is small, and he will not be misled by this to do so when he grows up. Therefore, it is permitted to feed him before Kiddush if he wishes to eat, and likewise to give him to drink, and it is forbidden to afflict him. And so too with all similar cases regarding all other rabbinic prohibitions.” [See Ketzos Hashulchan 147 footnote 7 that this Halacha in Admur is a continuation of the lenient opinion in 343:6]; Beis Yosef end of 343 in name of Rashba; Rashba 1:92 [however writes Lehalacha, Velo Lemaaseh]; Chidushei Rashba Yevamos 114a and Shabbos 153b; Ran Shabbos 153b; Yuma beginning of chapter 8; M”A 556:1; Opinion in Biur Halacha 343:1 “Midivrei Sofrim”; Kaf Hachaim 343:16; Shut Ranach O.C. 112; Encyclopedia Talmudit footnote 548
Other opinions: Some Poskim rule that it is forbidden for any person to give even a Rabbinically forbidden item to a child with his hands, even if the child is completely below the age of comprehension, and even if the child is in need for it. This applies even if the child is sick, so long as he is not in danger. [Stam opinion in Admur 343:5 “This prohibition applies even to matters prohibited only by Rabbinic law. It is forbidden to feed a child such items even if the child needs them, and even if the child is ill, so long as there is no danger to life, just as it is forbidden to do so for an adult.”; Setimas Admur in 269:3; 362:17; 471:10; Shach Y.D. 81:21; Beis Yosef 343 in opinion of Rambam; Rivash; Ritva Yevamos 114 in name of Maharam; Mordechai Shabbos 369, brought in M”A 343:5 and Machatzis Hashekel ibid; Shaar Hamelech Shevisas Assur 1:3; Stam opinion in Michaber; Rama; Rambam ibid; M”B 362:44; Biur Halacha 343:1 “Midivrei Sofrim” that so is Setimas Hamichaber ibid like this stringent opinion; Encyclopedia Talmudit footnote 549]
[5] See Eretz Tzevi Frumer 75
Difference between Children Below and Above the Age of Understanding: A child who has reached the age of understanding is subject to the mitzvah of chinuch. Accordingly, his father must protest if he transgresses on his own, and there is concern that repeated leniencies may accustom him to the prohibition and lead to improper conduct when he becomes older. In contrast, a child below the age of understanding is not yet subject to chinuch, and there is generally no obligation to protest his actions when done on his own. Likewise, there is less concern that he will become accustomed to the conduct, since he lacks sufficient understanding. For these reasons, the halacha is often more lenient regarding a child below the age of understanding.
[6] See Chinuch Habanim Kehilchaso 51:20; Toras Hakatan 25:7
[7] If one does not instruct the child to do so and simply places it in his hands: Seemingly, based on Admur 343:10, if a child is below the age of understanding (approximately under three years old), one may give him food in a private domain even if he will end up carrying it outside, and even for the use of the adult, so long as one does not instruct him to carry it outside. [See Chapter 1 Halacha 8G]
[8] As this is the entire basis of the leniency mentioned in A.
[9] Admur 343:6 concludes that one may rely on the lenient opinion to feed a child a Rabbinical prohibition [even if the child is above the age of education] if the child needs it and no gentile is available to feed the child himself. However, if a gentile is available to feed the child the rabbinic prohibition, it is forbidden for a Jew to do so—even when it is for the child’s need, and even if the child is ill [and rather it is to be fed to him by the gentile].
[10] As this is the entire basis of the leniency mentioned in A.
[11] See Admur 343:6 “there is no prohibition to give it to him to do on his behalf—except when one gives it to him on a fixed, regular basis, in which case there is concern lest the child become accustomed to doing this act and continue doing it even when he grows older.”; Admur 343:8 “Therefore, any rabbinic prohibition (shevut) that is permitted to be performed by a non-Jew for the sake of a mitzvah is forbidden to be performed by means of a minor, due to concern that he may become habituated to it—unless it is only on an occasional, incidental basis, as explained above.”; Tur 559 in name of Tosafus; Shut Rashba 1:323; Tosafus Shabbos 139a; Eruvin 40b in name of Rabbeinu Shmuel; Beis Efraim Y.D. 62; Mechzeh Avraham 36; Piskeiy Teshuvos 343:3 footnote 49; Toras Hakatan Chapter 25
[12] Admur 325:2-4; 347:3; 307:35; Taz 307:12; M”A 307:20; 325:2 and 6; Maharam Mintz 117; Mordechai Remez 252 in name of Tosafus; Shiltei Hagiborim on Mordechai 70a in name of Tosafus; SSH”K 18:54; Nishmas Shabbos 7:489; Chinuch Habanim Kehilchaso 51:40
Admur 325:2 “In any event one may not actually place [the food] into his hands in order so he [the Jew] not be the one to extract the [food] from within the private domain, rather the gentile should take it from his hand as then the gentile is the one doing the actual extraction.”; 325:4 “Nevertheless, one must beware not to place [the item] into the actual hand of the gentile being that one is able to avoid doing so [and still accomplish what is needed]. Even with objects that belong to the gentile one must beware against doing this.”; 325:16 “those that do so must beware to not place the vessel into the hand of the gentile as well as to not take it from his hand as was explained there [in chapter 307]”; 347:3 “However, Rabbinically it is forbidden to give it to him, even if he is a Gentile, and even in a Karmalis”; 307:27 “The custom is not to receive a letter from the hand of a gentile and rather one is to ask him to put it down on the ground or table due to worry that the Jew may end up taking the letter before the gentile stops walking to rest doing and it is thus found that the Jew did the Hanacha, which is Rabbinically forbidden even today when some Poskim rule that we no longer have a Biblical public domain.”;
[13] The reason: Just as it is rabbinically forbidden to place an item into the hand of a non-Jew when one knows or anticipates that he will carry it in a prohibited manner on Shabbos, so too one may not place an item into the hand of a child in order that the child carry it. Since placing the item into the child’s hand constitutes the akirah (initial lifting of the item for transport), it is forbidden even when the child himself will perform the remainder of the carrying.
[14] Chinuch Habanim Kehilchaso 47:14-16; 51:30; 52:33-44
[15] The poskim debate whether a parent may hold the hand of a child who is carrying an item in that same hand.
Stringent opinion: Some authorities rule that when the adult holds the child’s hand that is carrying the object, it is considered as if the adult himself is carrying the object, or at the very least that the adult and child are carrying it together. Accordingly, it is forbidden to do so in an area without an eiruv. [Teshuras Shaiy 1:172]
Lenient opinion: Other authorities maintain that this concern applies only when the adult is actually assisting the child in carrying the item, such as when the object is heavy. However, if the child is independently carrying a light object, the fact that the parent is holding his hand merely to prevent him from running away or becoming frightened does not render the parent a participant in carrying the object. [Chayeh Levi 2:29]
Practical implication: One should preferably avoid holding the same hand in which the child is carrying an item when walking in an area without an eiruv.