Yes, You May Wear a Mask on Shabbat, Regardless of Eruv

The following analysis is my own.  I thank the membership of Morashah, the rabbinic fellowship of UTJ for their input and suggestions.  All Morashah members who consulted with me agreed a mask may be worn at least on a case-by-case basis if necessary to avoid significant mental anguish, while the vast majority agree wearing a mask is entirely permissible on Shabbat).

At https://stumptherabbi.org/on-shabbos-is-one-allowed-to-wear-a-face-mask-in-a-place-with-no-eruv/ (with part 2 at https://stumptherabbi.org/on-shabbos-is-one-allowed-to-wear-a-face-mask-in-a-place-with-no-eruv-part-two/) the rabbi has been stumped.

In that video, Rabbi Mendel Zirkind recommends against nonmedical personnel wearing a facemask in areas with no eruv on Shabbat.  I respectfully submit that Rabbi Zirkind erred in a number of respects in his analysis and that, in fact, during the Coronavirus pandemic one may and should wear a mask on Shabbat regardless of the presence of a kosher eruv and regardless of whether an individual relies on an eruv to permit carrying on Shabbat.

In truth, the question is less whether one may wear a mask in public on Shabbat, but rather whether one may go out on Shabbat if doing so requires wearing a mask. If wearing a mask in public on Shabbat constitutes a violation of Torah law then one would have to remain home except in response to life threatening situations.  If, on the other hand, wearing a mask in public on Shabbat constitutes a violation of rabbinic law, then one would have to stay home unless doing so would result in tza’ar (significant anguish).

In fact, however, wearing a mask in public during the Coronavirus pandemic does not constitute a violation of either Torah or rabbinic law.  Wearing clothing is permitted on Shabbat as long as one is wearing the garment in the normal manner of wearing that article of clothing, even if few people wear such garments.  This means the mask ought to be worn properly and not for instance draped casually over one’s neck.  Even if one holds that wearing unusual clothing is problematic[1], today there are a significant number of people wearing masks, and many governments have recommended wearing masks in public.  Wearing any form of mask, including both DIY (do-it-yourself) masks as well as surgical masks and respirators can and should be considered a normal manner of clothing at this time.  Rabbi Zirkind says that the definition of normal clothing can’t change so quickly.  This is an interesting argument, one perhaps influenced by the Hasidic experience where dress is informed by centuries-old norms, but I don’t think it has any basis in halakhah.

Further, Rabbi Zirkind seems to be factually incorrect when he posits that masks do not constitute a permissible takhshit (adornment) because they do not provide personal protection.  While masks are more effective in protecting others, there is at least some evidence that, to a lesser extent, they can protect the wearer as well, for instance by limiting one’s touching of one’s face.  This even limited and speculative protection is sufficient to err on the side of considering a mask to be a permissible takhshit.  In addition, one could argue that the protection of others also would make an item a permissible takhshit.

Therefore, wearing a mask during the coronavirus pandemic violates neither Torah nor rabbinic law.

Even if a face mask does not constitute clothing or permissible takhshit, wearing a mask would, at worst, constitute carrying an object in an unusual manner, which is only rabbinically prohibited.  Since prohibiting wearing a mask would cause a person either to leave home without a mask, thus endangering others and possibly her or himself, or being shut in for Shabbat, thus resulting in potential tsa’ar, anguish, any rabbinic prohibition associated with wearing a mask could be waived on a case by case basis.  Although Rabbi Zirkind is correct that staying home during the pandemic is generally the safer course of action, not all governments require this, and many governments and health care experts recommend going out in open areas for purposes of exercise and maintaining mental health.  The interest in maintaining our mental condition during these trying times is certainly sufficient reason to waive any rabbinic prohibition of wearing a mask in public, at least on a case by case basis.  When in doubt as to whether staying home would cause mental anguish, so as to permit a person to go outside wearing a mask, I would err on the side of caution for mental health, since doubts regarding rabbinic prohibitions are resolved toward leniency (addendum added 5/23/20: in addition, avoiding potential danger takes precedence over avoiding potential sin, CF here).  Importantly, anyone who feels the need to go outside on Shabbat and lives in an area where staying more than six feet away from everyone may be difficult must wear a mask.  Note, however, that this analysis presupposes that there is some rabbinic prohibition that applies to wearing a mask; as noted above, I conclude that there is no such prohibition.

Rabbi Zirkind notes the concern that one may take off a mask and end up carrying it in public. Similarly, the rabbis prohibited wearing certain forms of jewelry for fear that one might take off the jewelry in public.  See Rambam Laws of Shabbat 19:5.  I question the authority of a modern day rabbi to extend such a prohibition to masks. Additionally, there is no reason to forbid wearing a mask out of concern that one might mistakenly take it off and then carry it through the public domain, because to the contrary, specifically while in public, one will be careful not to remove the mask.  The entire purpose of the mask is to protect one another from germs in the air outside, and so we need not worry that somebody might take it off her or his face while outside on Shabbat.  Therefore, as long as the mask is properly fastened such that there is little chance of it falling off, there need not be any concern that this might lead to carrying the mask in a public domain. Finally, to the extent that one might have this concern and therefore theoretically find a rabbinic prohibition, the tsa’ar and/or public health danger that could result argue against that conclusion.

Rabbi Zirkind notes that masks are most effective in crowded areas while the average Shabbat walk is in more open areas.  While this is true, even outdoor areas can be reasonably crowded, and it is often unpredictable when one may pass near another person.

The reader of a responsum such as this may respond:  “Of course we should wear masks.  Why are you even answering this question?”  In a manner of speaking, this may be true.  Were wearing a mask in public on Shabbat a violation of halakhah, we might well engage in hora’at sha’ah, emergency legislation waiving the halakhah.  However, engaging in the halakhic analysis of this question is important to demonstrate that halakhah does, in fact, provide us with the tools to address modern and even emergency situations from within the halakhic framework.

Wearing a mask is permissible regardless of whether there is an eruv or whether one relies on an eruv.

 

 

[1] Shemirath Shabbat Kehilkhata 18:3 defines “clothing” as only including such clothing as are “ רגילין ללובשו usually worn.”  The author cites (in footnote 18) Mishnah Berurah 301:72–73 (compare MB 301:71).  This Mishnah Berurah is a commentary on Shulhan Arukh Orah Hayyim 301:21, which forbids “wearing” a chest, basket, or mat in the rain but permits wearing certain other types of material which might not otherwise be worn.  This seems to forbid wearing items that are not normally worn at all, as opposed to articles of clothing that most people happen not to wear on the average day.

Note that Rambam Shabbat 19:17 frames the permission to wear these less-than-usual items as “מפני הגשמים because of the rain,” which is the language used in the Tosefta that is the source of this ruling (Tosefta Shababt 6:7 quoted at BT Nedarim 55b).  This may imply that Rambam would only permit wearing such items in the rain or that he permits wearing such items at any time because they are worn in the rain and therefore qualify as clothing.

In Beth Yoseph on Orah Hayyim 301 s.v. אין יוצאין בקופה ותיבה, R. Karo (author of Shulhan Arukh) notes Rosh’s opinion that the permitted articles of clothing are permitted to be worn even when it is not raining, since they are normally worn when it rains.  R. Karo notes that this opinion apparently conflicts with that of Rokeah.  Commenting in Tosefta Kifshuta (Chapter 5 line 32), Rabbi Saul Lieberman notes that Shita Mekubetzet says that the reference to rain is “אורחא דמילתא,” meaning just a way of expressing the normal situation one would wear such items but not a limitation on when one may wear such items.  Rabbi Lieberman notes (at footnote 37) that Shita Mekubetzet’s opinion is in line with Rosh but apparently in conflict with Rokeah and Rambam (as noted, I do not think Rambam’s meaning is clear).