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Crime and punishment in Jewish law : essays and responsa / edited by Walter Jacob and Moshe Zemer
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Muggers and Money on Sabbath 121

and Orah Hayyim 301:33.) The reason for the prohibition is not directly biblical but is based upon the rabbinical concept of muk­tsa. There are numerous types of muktsa. The one that applies here is the muktsa prohibition to handle such objects as are nor­mally used to perform the type of work which is prohibited on the Sabbath . Since, therefore, it is prohibited to do business on the Sabbath , and money is considered to be specificallyset aside(muktsa) as an instrument for doing business, money may not be handled or carried on the Sabbath .

However, it is to be noted that in this very matter of carrying money on the Sabbath , there are some grounds for leniency. Isserles , in his note to the law in the Shulhan Arukh(Orah Hayyim 301:33), says:Many permit the carrying of money on the Sab­bath if one is afraid that if he leaves the money in his lodging, his money will be stolen. There are some discussions in the com­mentators as to whether the money should be sewn in the gar­ments or carried loose. But be that as it may, Isserles says: Nohagin I'hokel:(It is customary to be lenient in this matter.).

Now, our problem here is primarily how to persuade the pious old man to carry the money for his safetys sake. One could well argue with him as follows: Since it is permitted to carry the money in order to save the money from being stolen, should it not be permitted to carry the money to save ones life from dan­ger from injury or death? Of course, this is, in a way, the reverse of what Isserles permits. He permits the money to be carried on the Sabbath in order that it not be stolen, and we here would per­mit it to be carried on the Sabbath in order that it could be stolen. However, as we have said, danger to health or even life is more important than safeguarding the money. :

Further discussion of this problem should also consider the laws of healing the sick on the Sabbath . If a person is danger­ously sick, all Sabbath laws must be set aside completely. This applies not only to the secondary Sabbath laws like muktsa, the carrying of money, but also the strict biblical laws, such as light­ing fires, etc.(Yad, Shabbat 2:1 and Orah Hayyim 328, 329). Fur­thermore, this violating of the Sabbath for the sick must not be done surreptitiously but openly by adults and men of standing (Orah Hayyim 328:12 based on Yoma 84b).:

Yet actually there are provisions in the law much more fete: vant to our question than the fact that money may be carried to save it, or that a dangerously sick person may be saved by means