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                        Elevators On Shabbos And "Shabbos Elevators"

 

            The first modern-type electric elevators were built in 1880. Prior to that, elevators were comparatively primitively powered by humans, animals, steam, or hydraulics for building, manufacturing, and commercial uses only. The first residential use of elevators was in 1929 in England.

 

The First "Shabbos Elevator"
 
            Legend relates that the first automatic elevator for use on Shabbos was designed and created for Leo Gartenberg, z"l (1906-1990), used at his Pioneer Hotel in the Catskills with the specific approval of Rabbi Aaron Kotler, zt"l (1891-1962), Rosh Yeshiva Beth Medrash Govoha. Mr. Gartenberg was the respected owner of the Pioneer Country Club Hotel, a popular glatt-kosher resort in Greenfield Park in the Catskills, for about 40 years. He also wrote more than a dozen books on the Torah and on Hebrew and Yiddish legends, stories and anecdotes. These included Legends of Israel, Israel: The Story of a Miracle and a series of volumes of Torah Thoughts, published by Jonathan David Press.
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        He was also a highly regarded columnist for The Jewish Press for almost 30 years. Thousands enjoyed vacations at the legendary hotel, and its Shabbos elevator was liberally used. The many leading rabbis that stayed there through the years, whether or not they used the elevator, never hinted displeasure. Other lore points to the elevator in the Fifth Avenue Synagogue and claim it as the first.
 

            "Shabbat Elevators" are elevators programmed for use on Shabbos and Yom Tov, days on which observant Jews do not pro-actively activate the use of electricity or other activities deemed as work, according to Jewish law. Such elevators are pre-programmed to stop at all or designated floors, with doors opening and closing automatically, where passengers enter or exit, eliminating the need for passengers to press any buttons, thus legitimately sidestepping the religious prohibition against directly activating the use of electricity.

 

Recent Events
 
            A psak halachah (ruling) announcement was signed in Israel immediately prior to and released after Yom Kippur 2009, seemingly prohibiting the use of all elevators on Shabbos. This announcement was carried in the Hebrew edition of "Yated Ne'eman" and, later, discussed on an in-depth follow-up program on "Kol Chai Radio." However, reports immediately after the initial disclosure admitted that Rabbi Yosef Sholom Elyashiv, senior Israeli posek, did not affix his signature to the announcement. Rather, those making the release, assuming prior comments, attached his signature. Though other leading halachic authorities had signed the announcement, the release is being viewed with great hesitation and skepticism for many reasons.
 
            The psak reads: "In regard to elevators called Shabbos Elevators, technological news indicates that it is always changing. A written and oral technical opinion was brought before us from reliable experts who are certified elevator technicians and engineers. It was made clear to us that using these elevators, either going up or going down, activates work prohibited by the Torah. No one may rely upon any institute or equivalent that allows such use, since the matter concerns serious actual violations of Shabbos."
 
      The psak was signed by Rabbi Nissim Karelitz, Rabbi Chaim Kanievsky, and Rabbi Shmuel Wosner. Rabbi Wosner added that for years he has suspected that use of Shabbos elevators demeaned the sanctity of Shabbos. With the new technological information indicating that the use is now is in violation of Shabbos laws, he therefore joins in the above.
 

            The words and signature attributed to Rabbi Elyashiv are as follows: "On the subject of elevators on Shabbos, they are not to be used going up or going down." Should these be his actual words, they are open wide to interpretation. As noted later herein, Rabbi Elyashiv did not prohibit "Shabbos Elevators." He prohibited elevators on Shabbos. Needless to say, every observant Jew knows that ordinary elevators are not to be used on Shabbos (except for emergencies).

 

Halachic Pashkevilim
 
            Beyond the issue of using elevators on Shabbos, the observant community has become quite aware that much misinformation, accidental and deliberate, has in the past been bandied about regarding supposed halachic rulings by our Torah giants. "Paskevilim" (proclamation posters) are definitely attention grabbers, but not always accurate nor reliable.
 
          Anyone that has had the privilege of visiting world-venerated halachic authorities has usually found them immersed in Torah learning in their somewhat small, modest library-studies, surrounded by overloaded, inexpensive book cases, sitting at a modest table piled high with sefarim.
 
 

Rabbi Yosef Sholom Elyashiv

 
        Seldom, if ever, is a single-line telephone found on that desk. Sophisticated telephone or communication systems are absolutely never found there. Therefore, the multitudes of people simultaneously claiming that they just spoke to this or that gadol, today, yesterday, or just last week, must be viewed with great suspicion. Rabbi Elyashiv has told many inquiring visitors regarding a supposed psak that he made that if they did not hear it from him directly or did not see the psak published in a legitimate sefer or Torah journal, to absolutely ignore such reports.
 
            In regard to the current supposed psak on elevator use on Shabbos, renowned Torah scholars that have invested years of intensive study on the subject and have published acclaimed sefarim, specifically dealing with electricity, elevators, and such related issues, have not been consulted or personally advised, thus increasing hesitation and skepticism.
 
      Rabbi Levi Yitzchok Halprin, noted author of Ma'aliot B'Shabbat (Elevators on Shabbos), has registered his surprise at the supposed psak and revealed his shock at his not having been advised or consulted. Rabbi Yisrael Rosen, head of the Tzomet Institute for Halachah and Technology, another acknowledged expert in the field, also admitted astonishment that he was not advised or consulted.
 

            Rabbi Rosen, as quoted on matzav.com on Tuesday, October 13, 2009, said that the generally accepted heter (permission of use) is based on the psak of Rabbi Shlomo Zalman Auerbach zt"l (1910-1995), and that he is not aware of any change in psak or technology since that heter was issued years ago. Further, he said: "There is the utmost importance to hear the other side, and in this matter there is definitely another side. Halachic ruling must be reasoned, and unfortunately this is not a reasoned decision."

 

Issues Involved
 
            The permissibility of use of elevators on Shabbos depends on a number of variables. Elevators can be divided into the following group types: 1. Traction elevators; Drum type and hydraulic elevators; 2. Automatic elevators. Some automatic elevators have automatically opening and closing interior and exterior doors; some only have automatic interior doors. Elevators, whether automatic or not, may have automatic scales and sensors that weigh the passenger load and adjust the amount of work necessary to bring the load up or down.
 
            Arguments for and against elevator use on Shabbos revolve on a number of halachic discussions. The prohibition of riding on an animal or in a wagon on Shabbos, which is forbidden, may not only be limited to horizontal travel, but may apply to vertical travel as well. The prohibition of work on Shabbos applies to humans as well as to animals, but not to machines, which may continue to work on Shabbos. The incidental unintended creation of electrical sparks may be a violation or, since the sparks are not tangible and immediately disappear, they are not a violation.
 
       So also, the indirect increase of current on Shabbos may or may not be a violation. The flashing of lights as a door closes or opens, or when the elevator passes a floor, might also be a violation. An argument is made that since the elevator is automatic and pre-programmed, the elevator will be going up and down, with or without passengers. The extra passenger does not change events.
 
            When an elevator brings down a passenger, the motor may actually be generating electricity and power. The increase of power necessary for the elevator to bring an individual up or down is also in contention. Does one's only intention to go up or down, or lack of intention to have the motor work for him, affect halacha? Some argue that many great rabbis and chassidishe rebbes traveled by steamships on Shabbos, where surely their weight necessitated extra power usage.
 
     During Shabbos, some argue, the inhalation of oxygen and exhalation of carbon dioxide directly impacts upon the flames burning on the Shabbos candles, all without generating any halachic discussion of violations. Some argue that a passenger on an elevator is, at most, only a helper for the work being performed by the elevator and that anyone not performing a complete work is not culpable.
 

             All of these concerns, as well as many others, were incorporated in Ma'aliot B'Shabbat, the sefer on elevators authored by Rabbi Halperin. He then designed an automatic elevator that avoids all, or almost all, possible objections. Many automatic elevators in use as Shabbos elevators today have adapted the adjustments outlined by Rabbi Halperin. In fact, the Knesset of the State of Israel passed a "Shabbat Elevator Law" in 2001 stipulating that new construction in all residential and public buildings that have multiple elevators require that a special Shabbat module be installed in one of the elevators.

 

Elevators On Shabbos - Halacha
 
            The topic of elevator use on Shabbos has been discussed since its invention, with the deliberations becoming more intense as new technologies develop and automation is increased. The following responsa (halachic dissertations) on the use of elevators on Shabbos are the ones most widely quoted and incorporated into halachic decisions. They are:
 
     B'Am HaTorah 5740-1980 page 10 by Rabbi Yosef Eliyahu Henkin, zt"l (1881-1973) leading American posek and president of Ezras Torah
 
       Be'er Moshe 7:2:70 and 70:2:107 by Rabbi Moshe Stern, zt"l (1914-1997), Debritziner Rav.
 
      Chelkas Yaakov 3:137 by Rabbi YaakovMordechai Breisch,zt"l (1896-1976), Chief Rabbi of Zurich, Switzerland.
 
     Encyclopedia Talmudit, "Electricity" 18:691-704, presenting a cogent review of elevators on Shabbos based on mainstream and widely quoted poskim.
 
      Hadarom Nissan 5724-1964 page 120
 
     Igros Moshe Orach Chaim 2:80 page 271; 2:95 page 288; 4:64 (1) p. 114; 5:18 page 46; Yoreh De'ah 1:72 by Rabbi Moshe Feinstein, zt"l (1895-1886), Rosh Yeshiva Mesivta Tiferes Yerushalayim.
 
    Kol Kisvei HaRav Henkin 2:59 by Rabbi Yosef Eliyahu Henkin, zt"l (1881-1973) leading American posek and president of Ezras Torah.
 
     Ma'aliot B'Shabbat by Rabbi Levi Yitzchok Halprin, Director of the Institute of Technology and Halacha.
 
     Minchas Yitzchak 3:60 by Rabbi Yitzchok Yaakov Weiss, zt"l (1902-1989), Chief Rabbi of the Badatz Edah HaCharedis of Jerusalem.
 
      Mishpatei Ouziel 5 by Rabbi Ben Zion Ouziel, zt"l (1880-1953), Rishon L'Tzion and Chief Rabbi of Israel.
 
     Shevet HaLevi 6:39 by Rabbi Shmuel Wosner, Rosh Yeshiva Chachmei Lublin, allowing use of an elevator in special circumstances.
 
   Shmiras Shabbos K'Hilchasah 1:305 note 140 by Rabbi Yehoshua Neuwirth quoting extensively from Rabbi Shlomo Zalman Auerbach, zt"l (1910-1995), Rosh Yeshiva Kol Torah and preeminent posek. Also, see chapters 23:49 and 30:54.
 
     Techumim 5744-1984 page 95.
 
    Torah She'b'al Peh 5727 page 13 by Rabbi Isser Yehuda Unterman, zt"l (1886-1976), Chief Rabbi of Israel. Rabbi Unterman testifies that he was with Rabbi Yisroel Meir Kagan, zt"l (1838-1933), revered author of Chofetz Chaim, at a hotel on Shabbos together with other prominent rabbis when a discussion ensued and the Chofetz Chaim requested something from his room. One of those present proceeded to the elevator, manned by a non-Jew, and entered, ascended, and returned with the requested item. Rabbi Unterman notes that neither the Chofetz Chaim nor any of the prominent rabbis present indicated any hesitation, objection, or protest.
 
     Tzitz Eliezer 13:104:6 by Rabbi Eliezer Yehuda Waldenberg, zt"l (1915-2006), Dayan on the Supreme Rabbinical Court in Jerusalem, allowing use of an elevator in special circumstance.
 

   Yabia Omer 5, Orach Chaim 27 by Rabbi Ovadia Yosef, Rishon LeZion and Chief Rabbi of Israel. 

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