סימן יג - דיני ציצית בשבת. ובו ט' סעיפים

Recording: Seifim 1–9

1. The four tzitzis are one mitzvah, and therefore each is indispensable to the others,

for as long as the tallis does not have all four tzitzis it is not fitted with tzitzis as the law requires,

and one who goes out in it on Shabbos into a public domain is liable to a sin offering,

because the tzitzis hanging on it carry no mitzvah and are as a burden^[1].

Although they are attached to the tallis, they are not nullified to it^[2], because they matter to him and he intends them until he completes all four tzitzis.

Even if all four tzitzis became invalid through the tearing of threads, with not enough left for a loop,

nevertheless the threads that remained whole and have not yet been torn matter to him, and he intends to add other threads to them.

Therefore, although attached to the tallis, they are not nullified to it and are as a burden,

since now that they are invalid they are neither an adornment of the tallis nor of use to it, for the tallis has no need of them at all.

But if all the threads in all four tzitzis were torn, with not even one long thread remaining whole,

and some of them were torn with not enough left for a loop, so that all the tzitzis are invalid and have no remedy, and he must make other tzitzis in their place,

these torn threads therefore mean nothing to him, and so they are nullified to the tallis,

and therefore one may go out in them even into a public domain,

if it is a [borrowed] tallis that is not obligated in tzitzis,

for otherwise it is forbidden to put on a garment with four corners without tzitzis, as written in Siman 8^[3].

2. A tallis properly fitted with tzitzis may be worn out into a public domain, even nowadays when we have no techeiles,

whether a tallis katan or a tallis gadol, by day or by night, although night is not the time of tzitzis^[4],

because valid tzitzis are an adornment of the garment and its ornaments, like its hem and the like, and so this is not a burden.

But he should take care that the tallis does not lie on his shoulder other than as it is worn on a weekday, as written in Siman 301, seif 3[5]; see there.

3. One need not check the tzitzis when going out into a public domain if they were already checked that day, because they are presumed to remain as they were, as explained in Siman 8^[5]; see there.

4. If he learns on Shabbos while standing in a public domain that the tallis he is wearing is invalid by Torah law, he must take it off, whether a tallis katan or a tallis gadol, even if he remains standing naked in the marketplace,

for human dignity does not override a Torah prohibition^[6], as it says: "אין חכמה ואין תבונה ואין עצה לנגד ה'" ("There is no wisdom, no understanding and no counsel against God") (Mishlei 21:30) (see Yoreh De'ah, Siman 303, and the same law applies here).

But if it was a weekday and it is a tallis katan, he need not take it off,

and although he is failing a positive Torah command by wearing four corners without tzitzis,

nevertheless, since he does no act with his hands but the positive command is set aside on its own, human dignity is great and overrides a Torah prohibition when one merely remains passive^[7].

Nevertheless he must hurry home to take it off, even if he is occupied with a mitzvah, such as being in the synagogue or the study hall, since it is a Torah prohibition.

But our tallis gadol, since it is worn not as clothing but for the mitzvah, there is no disgrace in removing it, and so he must take it off even in the marketplace.

5. One who goes to the synagogue and finds his tallis has become invalid, although he is embarrassed to pray without a tallis, may not put on his tallis even without a blessing,

for since it is no great disgrace to sit without a tallis, a Torah command is not set aside for a small disgrace.

6. When is this said? On a weekday, since he can attach tzitzis to his tallis, and so when he wears it he transgresses "arise and do."

But on Shabbos, since he cannot attach tzitzis because of the Shabbos prohibition, there is no Torah prohibition against wearing a tallis without tzitzis,

for the Torah did not say "do not wear a garment without tzitzis," but rather, after he wears it, there is a positive command to attach tzitzis to it,

and since he cannot attach them, he does not transgress.

But by rabbinic law it is still forbidden to wear it, since he will end up neglecting a positive command,

and the Sages did not uphold their words where human dignity is concerned, even if there is only a small disgrace.

Therefore, if he is embarrassed to [pray] without a tallis, he may wear it without a blessing.

7. When is this said? When he did not know before Shabbos that his tallis had become invalid.

But if he knew of it before Shabbos, he may not wear it on Shabbos, for he should have repaired it the day before.

8. If he learns on Shabbos while in a carmelis, where the prohibition is only rabbinic, that the tallis he is wearing is invalid, he need not take it off, for the Sages did not uphold their words where human dignity is concerned.

Even with our tallisos, which are only for the mitzvah and carry no disgrace in removing them,

nevertheless, since this is only a rabbinic prohibition, as we explained, for by Torah law one may wear a tallis without tzitzis on Shabbos,

and since they did not decree to remove the tallis in a carmelis, they did not wish to distinguish between one tallis and another,

and he need not remove any garment in a carmelis.

9. One who sees that another person's tzitzis have become invalid, if he is in a place where he would have to take it off, should not tell him until he comes home, for because of human dignity he should not stop him from an unwitting prohibition.

But he must call him to come home quickly, and there tell him to take it off.

^{[Kuntres Acharon 1]} The same applies if he is in a place where he need not take it off but only must hurry home to do so, in the manner explained above:

the one who sees should tell him to go home quickly and take it off there^[8].

Notes

1. As a burden: A garment properly fitted has tzitzis among its ornaments (seif 2). But here the threads carry no mitzvah, so carrying them into a public domain is carrying an actual burden, and one is liable for it.

2. Not nullified: A small item attached to a garment is normally nullified to it and is not a burden, unless it matters to him in its own right. So the law depends on what follows in the seif: whether the threads stand to be completed or have no remedy.

3. Written in Siman 8: Above, Siman 8, seif 28.

4. The time of tzitzis: See below, Siman 18.

5. Explained in Siman 8: Above, Siman 8, seif 16.

6. Does not override: Based on Berachos 19b: one who sees shaatnez on another removes it from him, even in the marketplace.

7. Remains passive: Wearing a garment without tzitzis is not a sin by an act; by continuing to wear it he simply does not fulfill a positive command. This is "remaining passive," where human dignity overrides.

8. Tell him: "In the manner explained above": above, seif 4. The source: "From the continuation of the Magen Avraham's wording, for after writing 'on a weekday he must hurry,' etc., he wrote 'one who sees another should call him to come home,' etc." (Kuntres Acharon 1).