Snow, NYC 2021
Snow, NYC 2021P. Chesler

In this article we will discuss several halakhot related to snow and the application of salt – or ice melt – on Shabbat. (Explanations not found in text of halakhic terms are in source section.)


1) According to most Poskim (halakhic authorities), clean (i.e., not dirtied) snow is not muktzah on Shabbat (see note)[1] – whether it fell on Shabbat or before Shabbat;[2] nor are table salt or Koshering salt muktzah.[3] Ice melt, however, is muktzah;[4] but see below in the article.

2) Nevertheless, according to most Poskim, shoveling snow on Shabbat is generally forbidden due to the principles of uvdin d’chol,[5] tircha,[6] and zilzul Shabbat[7] (but see note 28). Moreover, if the area that one wishes to shovel is not paved, shoveling on Shabbat is prohibited[8] due to the g’zeirah (Rabbinic decree) of ashvuyei gumos.[9] Also, if the area in which one is shoveling is not enclosed by an eiruv (or the eiruv is not operational due to the snowstorm),[10] shoveling snow on Shabbat could entail the melachah (labor prohibited on Shabbat) of hotza’ah (carrying), when carrying the shovel or transporting the snow or ice melt. See note.[11]

3) If ice or snow on the walkway presents a risk of injury to the public (see note),[12] one may have a non-Jew apply ice melt even if the area is a real reshut harabim.[13],[14] If a non-Jew is not available, and the area is not a reshut harabim, most Poskim[15] rule that a Jew may apply ice melt[16] even without employing a shinui;[17] but see note.[18] There is a discussion in the Poskim whether one may put down sand or earth (or the like) on a walkway – even if the substances were designated for such purpose before Shabbat and thus not muktzah.[19]

4) In cases of need (e.g., there is concern that the snow will melt and freeze over, or if the large amount of snow makes it difficult to walk), then if the walkway is paved (see note),[20] one may have a non-Jew shovel the snow manually (i.e., without the use of bulldozers or snow blowers; see note),[21] even if the area is a reshut harabim.[22]

One should commission the non-Jew before Shabbat to shovel on Shabbat. If one did not make arrangements before Shabbat, one may even commission a non-Jew on Shabbat to shovel on Shabbat, but only if one does not use any terminology of hiring and no price is discussed.[23] One may say “I’ll take care of you after Shabbat” or “We’ll discuss particulars after Shabbat.” For a very public area (e.g., shul), some Poskim permit even the use of a snow blower (see note).[24]

5) If one has a contract with a company to remove snow on one’s property with plows or snow blowers, one should stipulate that they should not come on Shabbat. If they do come on Shabbat, it is questionable whether one must tell them to leave.[25] One should ask one’s Rav for guidance.

6) Even in cases of need (see #4), if a non-Jew is not available to shovel, it is very difficult to permit a Jew to shovel, even if the walkway is paved and it is not in a reshut harabim, due to the principles stated in #2 (see note).[26] Indeed, common custom today is to prohibit a Jew’s shoveling snow on Shabbat[27] (but see note).[28] Rather, one should put down ice melt (see #3) or just wait until after Shabbat to shovel. See also note regarding other methods to remove snow on Shabbat.[29]

7) It is forbidden to make snowballs or snowmen on Shabbat.[30]

Sources and explanations of Halakhic terms:

[1] As long as the snow – after it melts – is still fit for bathing or for an animal to drink (see Shulchan Aruch Orach Chaim 338:8 with Mishnah Berurah #30).
[2] Sh’miras Shabbat K’hilchasah n.e. 16:45 with note 118; Sh”ut Be’er Moshe 1:20; Sh”ut Machazeh Eliyahu 68:1; Chazon Ovadyah, Shabbat, Dinei Nolad #3. Cf. Igros Moshe O.C. 5:22 #37 who writes that snow is muktzah. [Interestingly, The Halachos of Muktzah (Rabbi Bodner) o.e. page 165 note 10 cites Rav Moshe Feinstein as ruling that snow is muktzah regardless of whether it fell on Shabbat or before Shabbat; whereas, Sefer Hilchos Shabbat (Rabbi Eider) writes that Rav Moshe Feinstein told him that snow is not muktzah.]
[3] Sh”ut Machazeh Eliyahu 67:15.
[4] See The 39 Melachos page 369. The reason is that it has no purpose other than for melting ice and snow, which are generally forbidden on Shabbat (but see below in the article).
[5] Literally: weekday actions. Activities that appear to be mundane, weekday-type activities are often prohibited on Shabbat and Yom Tov even when they involve no melachah (labor prohibited on Shabbat). See, for example, M.B. 333:1.
[6] Literally: toil/bother. Activities that are strenuous or involve excessive toil are often prohibited on Shabbat and Yom Tov even when they involve no melachah. See, for example, M.B. ibid.
[7] Literally: disrespect of Shabbat, which includes doing “non- Shabbat” activities; see Sh’miras Shabbat K’hilchasah n.e. 25:11, with note 59; Sh”ut Machazeh Eliyahu 68:17.
[8] Sh’miras Shabbat K’hilchasah n.e. 25:11, with note 58.
[9] Literally: leveling indentations. Leveling a dirt floor in a non-dwelling area entails the melachah of choreish (plowing); see M.B. 312:24. (Leveling a dirt floor in a dwelling area entails the melachah of boneh – building). Chazal(chachameinu zichronam livrachah – our Sages, may their memory be blessed) prohibited any activity that could possibly lead to leveling dirt surfaces, even if the particular surface in question is level and has no depressions. Moreover, even if the area is paved such activities are generally prohibited for fear that people will not differentiate between different surfaces and will level out even a surface that is not paved. See S.A. O.C. 337:2 with Rema, and note 20 below.
[10] When snow freezes on tree branches, they become weighed down and become susceptible to cracking and subsequent falling. As they fall, they can come into contact with – and snap – the eiruv wire. In addition, depending on the strength of the wire, when snow freezes on the eiruv wire, the wire can possibly sag sufficiently so as to render the eiruv invalid (see M.B. 362:66 with Sha’ar Hatziyun #56).
[11] In addition, some types of shovels would be considered a kli shemelachto l’issur (a utensil whose primary purpose is to be used in an activity that is forbidden on Shabbat) and may thus be moved only if one is actively using it for a permitted purpose or if one needs the place upon which the shovel is located; see S.A. O.C. 308:3; Sh”ut Machazeh Eliyahu 68:17. There is a discussion in the Poskim (based on the Magen Avraham 320:15) whether breaking up ice that is attached to the ground (or the sidewalk) could entail the melachah of soseir (demolishing), since breaking up the ice could possibly be considered removing part of the ground (Sh”ut Har Tzvi, Orach Chaim, page 289). The consensus of the Poskim(Sh”ut Machazeh Eliyahu 67:8 and Sh’miras Shabbat K’hilchasah n.e. 25:11 note 57) is that when there is a need to break up ice on the ground/sidewalk on Shabbat we may rule leniently that doing so is not considered soseir. Several reasons are offered for this lenient ruling, one of which is that the connection of the ice to the sidewalk – at least in most locales – is only temporary, since the ice will melt anyway within a few days. (See also Sh”ut Chasam Sofer cited in Sh”ut Har Tzvi who posits that even the Magen Avraham could possibly agree that there is no prohibition of soseir when breaking up ice that is attached to the ground/sidewalk.)
[12] Defined for these purposes as three or more people (Sh’miras Shabbat K’hilchasah n.e. 25:9).
[13] A halachic public domain; see O.C. 345:7-13 with Mishnah Berurah for the criteria necessary for an area to be considered a reshus harabim.
[14] Sh’miras Shabbat K’hilchasah n.e. 25:11. See Mishneh Halachos 4:45 at length.
[15] Sh’miras Shabbat K’hilchasah n.e. 25:10; Sh”ut Machazeh Eliyahu 67:14.
[16] The reason is that: 1) doing so does not involve any Biblical prohibitions since the area is not a reshus harabim and putting down the ice melt does not constitute boneh (building) – due to building up the ground surface – since it dissolves (Sh”ut Machazeh Eliyahu 67:12-13); and 2) although doing so will likely involve various Rabbinic prohibitions (including carrying), in cases of a risk of injury to the public, Chazal waived their restrictions and permitted one to perform actions that are generally prohibited Rabbinically, such as uvdin d’chol, tircha, zilzul Shabbat, carrying in a karmelis (which includes most non-enclosed areas that are not reshus harabim), moving muktzah, et al. (see S.A. O.C. 308:18 and Sh’miras Shabbat K’hilchasah n.e. 25:10 with note 52). Similarly, it would seem that although there is generally a Rabbinic prohibition to crush ice on Shabbat to convert it into water (or perform any direct action that will facilitate the melting of ice into water, such as applying ice melt; see S.A. O.C. 320:9 and M.B. 320:36), in cases of a risk of injury to the public, this restriction would also be waived.
[17] Literally: change. That is, doing so in an unusual manner.
[18] Sh”ut Beer Moshe (1:28) disagrees and rules (based on S.A. O.C. 313:10 and M.B. 313:56) that a shinui is required. An example of a shinui with regard to applying ice melt would be turning a utensil upside down and placing the ice melt on the underside of the utensil, then shaking it to apply the ice melt. The reason for this allowance is due to a general leniency, referred to as sh’vus dishvus, which allows one – under certain circumstances – to do a double layered issur d’rabanan (Rabbinic prohibition) (S.A. O.C. 307:5). For example, for purposes of a mitzvah or to alleviate significant discomfort, one may ask a non-Jew on Shabbat to do a forbidden act (although asking him to do so is generally prohibited Rabbinically), if the forbidden act is one that entails a melachah d’rabanan (Rabbinically prohibited labor on Shabbat), not a melachah d’oraysa (Biblically prohibited labor); see Magen Avraham O.C. 276:15. In our situation, applying ice melt is an issur d’rabanan, not a melachah d’oraysa; and one is employing a shinui when applying the salt (which is considered performing the action in a d’rabanan manner, as evidenced by the fact that a shinui transforms a melachah d’oraysa into an issur d’rabanan); and there is a great need. Accordingly, it is considered a sh’vus dishvus b’makom tzroech gadol (in cases of great need) and is permitted (see M.B. 313:56; cf. M.B. 307:22 and Sha’ar Hatziyun #24).
[19] Sh’miras Shabbat K’hilchasah (n.e. 25:10, with notes 53 and 53*; based on M.B. 313:55) permits doing such (even though the sand and earth are muktzah; see note 16), but only if the walkway is paved so there is no issue of ashvuyei gumos (but see note that follows). Sh”ut Machazeh Eliyahu (67:13), however, prohibits doing such – at least on top of “black ice” (a layer of ice that is virtually invisible, and is extremely slippery) – since one ostensibly applies these items to purposely create a rough, not slippery surface, to the ground/sidewalk below it, with the intent that they remain in place for a significant period of time; and applying these items in such a case would be tantamount (based the M.B. ibid.) to the melachah of boneh (building); see note 9.
[20] It would seem that it would be permitted only in locales in which the majority of walkways are paved; see Bi’ur Halacha 337:2 s.v. V’yeish Machmirin.
[21] If one asks the non-Jew to remove the snow manually but the non-Jew insists on using a snow blower to make his job easier and quicker, see note 25. One should ask one’s Rav for guidance.
[22] See note 13.
[23] See S.A. O.C. 306:6, M.B. 306:14; Bi’ur Halacha 307:2 s.v. Asur; and Sh’miras Shabbat K’hilchasah n.e. 28:65. See also ibid. 30:34 with note 116.
[24] It would seem that they permit such in accordance with the prevalent practice of following the leniency of permitting a non-Jew to perform even a melachah d’oraysa (biblically prohibited) for the sake of the public. See, however, M.B. 306:28 who seems not to agree with such a leniency, except in special instances (see M.B. 276:25). Perhaps in our case there is reason to be lenient (based on the Sha’ar Hatziyun 302:44) since the snow removal is actually a melachah sh’einah tz’richah l’gufah (see Sh’miras Shabbat K’hilchasah n.e. Introduction page 48). However, there are other factors that complicate the matter, which are beyond the scope of this article. The matter needs further study.
[25] See a discussion in The 39 Melochos page 1099 and note 47d. Cf. M.B. 252:17.
[26] This difficulty applies even if the city ordinances require one to shovel.
[27] Sh”ut Mishneh Halachos (end of 4:45). Although Sh’miras Shabbat K’hilchasah n.e. 25:11 rules leniently “in cases of need,” it would seem that this leniency applies specifically when shoveling is the only way to avert a risk of injury to the public (e.g., the snow is very deep, or it is so cold outside such that snow or ice melted by ice melt would likely refreeze before Shabbat ends). Note that even he writes that if a non-Jew is available to shovel, a Jew may not shovel on Shabbat even in cases of need.
[28] It should be noted that Rav Ovadyah Yosef (Chazon Ovadyah, Shabbat, Dinei Nolad #3, note 2) takes an entirely different approach to the matter. If the walkway is paved (and the area is not a reshus harabim), he permits a Jew to shovel outright – even without a pressing need. The reason is that he holds that, in general, tirchah on Shabbat is not prohibited (see also Aruch Hashulchan O.C. 333:4). In addition, it seems that he holds that shoveling is preferred to applying salt (or ice melt), the latter of which he permits only in cases of great need.
[29] Alternatively, one may sweep the snow with a broom, since it would seem that doing such would be considered a shinui. See also Chazon Ovadyah cited in the previous note. Sh”ut Mishneh Halachos (end of 4:45) holds that it is difficult to permit even clearing a path with one’s foot. However, The 39 Melochos vol. 4 page 1099 permits doing so. (The latter permits also walking back and forth on the walkway while kicking away the snow. See, however, M.B. 316:51. The matter needs further study.)
[30] Sh’miras Shabbat K’hilchasah n.e. 16:45.

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