17 Oct GUN OWNERSHIP IN HALACHA
Anyone who owns
a gun needs to
understand proper
gun training, safety
and usage in order to
avoid tragedy. These
issues are crucial but
not our topic. Here I
am interested in exploring other aspects
of gun ownership.
I. Carrying a Gun on Shabbos
The Sages forbade carrying utensils
on Shabbos without a reason. Certain
utensils contain more restrictions. A
utensil primarily used in forbidden work
is called a “keli she-melachto le-issur,”
and may only be carried in order to use
the space in which it currently rests or
for a permitted activity. For example,
you may only carry a hammer if you
want to use it for a permitted purpose,
like cracking a nut, or if you want to
put something like a book in its place.
Is a gun like a hammer, a utensil for a
forbidden purpose that may only be
carried for a specific, permitted purpose
or for its place?
Rav Shlomo Goren (Meishiv
Milchamah, vol. 1 no. 61) argues that a
gun is used for a permitted purpose. Since
the only time a gun is fired is for self-
defense purposes, which are permitted
on Shabbos, the gun is not classified as a
utensil for a forbidden purpose.
Rav Yekusiel Halberstam (Divrei
Yatziv, Orach Chaim, vol. 2 no. 148)
argues that a gun is primarily carried as
a deterrent to instill fear. Most police
officers never fire their guns. Since the
primary purpose of a gun is to be carried,
which is otherwise permitted on Shabbos,
the gun is classified as a utensil for a
permitted purpose. Shemiras Shabbos
Ke-Hilchasah (ch. 20 n. 28) quotes Rav
Shlomo Zalman Auerbach as saying that
during peacetime guns are mainly used
for inducing fear. Rav Eliezer Melamed
(Peninei Halachah 27:17) quotes Rav
Auerbach (Shulchan Shlomo, vol. 2
308:16) similarly.1
Rav Ya’akov Ariel (Be-Ohalah Shel
Torah, vol. 2 no. 32) disagrees with
Rav Goren’s argument (without quoting
him by name). Rav Ariel points out
that piku’ach nefesh, defense, is not
permitted within the laws of Shabbos but
overrides them, taking precedence over
Shabbos. Shooting a gun for self-defense
isn’t a permitted Shabbos action but an
action that is allowed even though it is
forbidden on Shabbos.
Rav Ariel argues against the claim
that guns are mainly for deterrent
purposes. A gun serves as a deterrent
because you can shoot it. If not for that
otherwise forbidden activity, the gun
would be useless. Therefore, it should
be classified as a utensil for a forbidden
purpose. Rav Zechariah Ben Shlomo
(Hilchos Tzava 22:1, n. 1) agrees with
Rav Ariel. Shalmei Yehudah (4:15)
quotes Rav Yosef Shalom Eliashiv as
similarly ruling that a gun is a utensil for
a forbidden purpose.
The Sages debates whether you may
carry a weapon on Shabbos where
there is no eruv (Shabbos 63a). R.
Eliezer believes that weapons that
you wear are like jewelery. The Sages
disagreed, arguing that since weapons
will be abolished in the Messianic Era
(Isa. 2:4), they are a disgrace to wear
even now. The Shulchan Aruch (Orach
Chaim 301:7) rules strictly. Rav
Yechiel Michel Epstein (Aruch Ha-
Shulchan, Orach Chaim 301:51)
explains that this is discussing a
layman but everyone agrees that a
soldier’s normal clothing includes
weapons. Rav Yekusiel Halberstam
(ibid.) is not entirely satisfied with
this approach and quotes other
considerations. He also points out
that the rabbis in Israel ruled strictly
on this. Rav Binyamin Zilber (Az
Nidberu, vol. 1 no. 70) disputes the
distinction between a layman and
soldier, which no prior commentary
had mentioned.
Rav Nachum Rabinovich (Melumedei
Milchamah, no. 68) rules strictly
unless there is some security purpose.
If there is no security purpose, it is
best to act strictly, if possible. But
even the leniency only applies to
wearing a gun in a holster or wrapped
around your body, not in your hand or
pocket.
Of course, whenever there is any
question of a threat, you may carry a
gun.
II. Reciting a Blessing on a New
Gun
When you buy new items that make
you happy, such as a fancy new suit, you
may recite the Shehecheyanu blessing
thanking God (Shulchan Aruch, Orach
Chaim 223:3). However, since this
blessing is optional, many refrain from
reciting it (Rema, ad loc., 1). Rav Asher
Weiss (Responsa Minchas Asher, vol. 1
no. 9) says that his mentor, Rav Yekusiel
Halberstam, following in the path of his
ancestor Rav Chaim Halberstam, never
recited Shehecheyanu on new fruits or
clothing, presumably because they did
not feel sufficient joy over them.
Rav Shlomo Aviner (She’eilas Shlomo,
vol. 3 no. 87) discusses whether you
may recite a Shehecheyanu on buying
a new gun. If it brings you joy, you
should thank God for it. However, an
argument can be made that a gun really
symbolizes trouble. Should you recite a
blessing on buying a defensive weapon?
For example, Rav Zerachiah Halevy
(Ha-Ma’or, end of Pesachim) writes
that we do not say Shehecheyanu on the
mitzvah of counting the Omer because
it reminds us of the destruction of the
Temple. Similarly, a gun reminds us of
our present danger. Rav Aviner counters
that the situation causes sadness over
the danger. The gun provides protection,
which brings joy.
Rav Moshe Stern (Be’er Moshe, vol.
5 no. 67) rules that you should recite
a Shehecheyanu on false teeth. Even
though you have lost your real teeth, you
still have joy from the false replacements.
Similarly, Rav Aviner argues, despite the
unfortunate situation of danger, you still
have joy from the purchase of the gun.