Important Note: The following law only relates to a flat roofing/hovering.[1] It does not relate to making a slanted roofing, such as a tent, which its law will be discussed in Halacha 3!  

 

A. To initially open a hovering on Shabbos:[2]

The law:[3] It is forbidden to make a tent, which refers to [any] roofing which hovers over a person in order to guard him from a given matter, such as [to protect him] from the sun or from the rain or from another given matter [such as flies[4], or wind[5]]. [This prohibition applies on both Shabbos and Yom Tov.[6]]

The prohibition applies even by a temporary tent which has no walls: [This applies] even if [the roof] is temporary [meaning] that it is not made to last[7] and even if there are not any walls under it[8], such as is the case with one who spreads a mat over four poles. Nevertheless, since it is made in order to tent and protect it is [therefore considered] a complete tent and the Sages prohibited it even though it is [only] temporary due to a decree [that one may come to make] a permanent tent which is an offshoot of [the] building [prohibition].[9]

What is the minimum amount of space that a roofing must hover over to be prohibited?[10] Any tent which does not have the space of a handbreadth [under it, i.e. 8 centimeters] is not considered a tent at all [and is thus permitted to be made].

How wide must the Ohel be to be forbidden? Any tent that does not have a handbreadths worth[11] [i.e. 8 centimeters] is not a tent, as a Tefach is the measurement required for [a roofing item to be] considered a tent.[12]

Making a tent to prevent pain:[13] The [Sages] permitted to make a temporary tent [in an irregular manner[14], if needed in order to reduce] the pain of a live person and not for the pain of corpse.

Q&A Is an Ohel made to protect objects from the sun considered an Ohel?[15] No, unless the item is larger than the size of a barrel, as explained in Halacha 2D.[16] However, some Poskim[17] are stringent in this matter.   If one places a Ohel for non-protection purposes but for the purpose of doing an action under it, is it considered under the laws of an Ohel made for protection, or under the laws of an Ohel not made for protection? Some Poskim[18] rule it is considered like an Ohel made for protection. However, from Admur there is implication that it is permitted like an Ohel made for non-protection purposes.[19] Thus, if one makes a hovering for privacy purposes, it would seemingly be forbidden according to the above Poskim, but perhaps be permitted according to Admur.  However, if the hovering is meant for placing items on top of it, such as a table, then according to all it is not considered an Ohel even if one also benefits from using the space under it.   May one roll open a bed canopy that is attached to the wall or poles of a bed? If this is done for purposes of privacy, then seemingly it would be subject to the above debate and be prohibited according to the above Poskim, as it is considered done for protection purposes. Accordingly, it would make no difference if it was attached to the bed or wall before Shabbos, as this matter of attachment only helps for opening for non-protection purposes. It is likewise not similar to the allowance of Kilas Chasanim being that there there is no Gag Tefach, as opposed to here. However, some write that according to Admur it is permitted in such a case.[20]   May one wear a plastic hat rain cover on a hat or Sheital on Shabbos? It is permitted to put on a rain cover onto one’s hat on Shabbos and doing so does not pose an Ohel prohibition.[21] This applies whether the cover is a specially manufactured hat rain cover, or one is using a plastic bag. However, it is disputed if this may be done in an area without an Eiruv due to the carrying prohibition.[22]

From the Rav’s Desk Question: Is it permitted to cover chairs that are outside with a plastic tablecloth to prevent them from getting wet in the rain? Basically, what happened was is that Friday night we noticed that it would be raining and all the chairs by our outside Minyan would get wet and may not be dry by the next morning for Shabbos Shacharis. So, what I wondered if I can do is to take disposable plastic tablecloths to use to cover each chair individually to prevent them from getting wet. By doing so I will be in essence creating a tent over the chairs. Is this permitted or not on Shabbos?   Answer: Yes, you may do so by covering each chair with an individual tablecloth even though it creates hovering over the chair. Nonetheless, some are stringent to do so with two people, having one first open the tablecloth and then place the chair under it. Practically, in my opinion there is no need to be stringent in this. In my opinion, however, you should not cover multiple chairs under the same tablecloth, although it is possible that this too is allowed, especially if done in the above way doing with two people as explained above.   The explanation: On Shabbos there is a prohibition of Ohel to create a hovering for the sake of protection, such as to protect from rain. However, this restriction is primarily against creating a protection for humans, and not for creating a protection items such as a chair. Nonetheless, even making a hovering over an item contains some restrictions, such as that if under the hovering there are two walls/Mechitzas one must first put the hovering over the ground and then slide the walls under it. Even in the case that the walls were already established there before Shabbos, one may not place a hovering over an area that is larger than the size of a barrel, unless certain conditions are fulfilled. Thus, based on all this, it would seem that while there is no restriction against hovering individual tablecloths over each chair [as the chair is not the size of a barrel, and there is no protection of human taking place, and the chair was already opened before Shabbos, and in any event does not contain walls under it and rather simply stands on legs] nonetheless, one should not place the hovering over multiple chairs which would reach the size of a barrel. Vetzaruch Iyun, as perhaps this restriction only applies to a barrel and the like which contains surrounding walls. Nonetheless, all the above only applies according to the approach, which is the main approach in Halacha, that there is no prohibition to create a tented hovering for non-human protection purposes. However, there are opinions who rule that one may not create a roofing that has walls attached to it, such as a tent which has a top and its sides which serve as its walls, and according to this opinion then indeed would be problematic to cover chairs with a tablecloth to protect them from the rain. However, in my opinion according to the main approach this would be permitted, and hence we ruled above that it may be done.   Sources: See Michaber 315:13; Admur 315:1 and 9 and 11 and 15-19; P”M 315 A”A 8; Tehila Ledavid 315:10; Minchas Shabbos 80:225; Ben Ish Chaiy Shemos 1:12; Kaf Hachaim 315:45; Chazon Ish 52:7; Maor Hashabbos 4 letter 10 of Rav Fisher; Piskeiy Teshuvos 315:15 and footnote 156

Question: We have a table outside with an open summer umbrella and was wondering if it is permitted for me to move it on Shabbos, such as if the table is in one area of our yard where there is currently no sun and would like to move into a different area of our yard where we are currently sitting and where the sun is shining. I guess my question is regarding whether the prohibition of making on Shabbos is specifically against opening up the umbrella an Ohel, or even against moving it to an area in order to give shade from the sun if it was open from before Shabbos?   Answer: You may move the table with its open umbrella to any area that you desire, whether to or from the sun. The reason: As the rabbinical prohibition against making an Ohel on Shabbos is specifically against opening it or closing it on Shabbos. However, to simply move it from one area to another we find no mention of a prohibition. Furthermore, from the fact that in the discussion of using an umbrella on Shabbos that was already open from beforehand, no mention is made of the fact that you are moving it from one area to another as an argument to prohibited, proves that this argument is not legitimate as in truth moving it alone is not prohibited. Likewise, if this were to be prohibited, then there would be no allowance to use a stroller on Shabbos with its open hood, even if one opened the hood from before Shabbos. In truth, all Poskim agree that if the hood was open from before Shabbos then the stroller may be used on Shabbos even though one is going with it from inside the house where there is no sun to outside the house where there is sun, and the entire discussion in the Poskim is only regarding if you can open it on Shabbos. Thus, it is clear without doubt once a table sun umbrella has been open from before Shabbos there is no additional Ohel prohibition to move it to a different location on Shabbos. Nonetheless the use of a rain or sun umbrella that one walks with while holding his hand is prohibited on Shabbos due to other reasons, even if it was open before Shabbos and is thus free of the Ohel prohibition. As for the reason the prohibition applies only to initially erecting the hovering, such as to initially open the table umbrella on Shabbos, and not to moving it, that this is because the entire decree of the sages was against making the structure of the hovering and not against moving it even though by doing so one accomplishes the giving of shade, the creation of shade that the sages prohibited but rather the creation of a structure that gives shade. Sources: Maor Hashabbos 4 letter 9 of Rav Fisher; Piskeiy Teshuvos 315:2; See regarding umbrella the following sources: Nodeh Beyehuda Tenyana; Tehila Ledavid 315:8; M”B in Biur Halacha 315:8; “Tefach”; Mamar Mordechai; Chayeh Adam, Sharreiy Teshuvah 302:?; Ketzos Hashulchan 120:13; SSH”K 24:15; Chasam Sofer 72; Chazon Ish 52:6; see regarding a stroller: M”B 315:12; Ketzos Hashulchan 120 footnote 8

 

B. To further open a hovering that was opened from before Shabbos:[23]

Adding to a temporary tent that was made before Shabbos: The [Sages] only forbade to initially [make a tent] on Shabbos, however if a temporary[24] tent had been made from before Shabbos then it is permitted to add to it on Shabbos, such as for example if the mat was spread out from before Shabbos a handbreadths worth[25], which is the measurement required for [a roofing item to be] considered a tent[26], then it is permitted to open it completely on Shabbos and to add more mats to it, as all this is only adding to the handbreadth tent which was made the day before. [Furthermore] even to spread it over walls is allowed in this case.[27]

Is the rolled-up material included in the handbreadth?[28] This measurement of a handbreadth that was mentioned does not include the rolled material, meaning that even if it was rolled up and placed [on walls] from before Shabbos and there is in the thickness of the circumference of the rolled material the amount of a handbreadth and more, nevertheless there needs to be coming out of [this roll] a handbreadths worth of material spread out for tenting.

The reason for this is: because the circumference of the rolled material does not appear like a tent at all.

Panels of a hovering within three handbreadths of each other:[29] [A hovering which had its panels set up before Shabbos then] even if none of [the rods] have a one handbreadth width, if they are within three handbreadths of each other then they are considered a tent, as [all items] within three handbreadths [24 centimeters of each other] are considered connected, and it is thus permitted to spread on them mats on Shabbos. [See Q&A]

The allowance to add a temporary roofing to an already existing roof only applies if it is not common to set it there permanently:[30] The Sages were only lenient to allow one to add to a temporary tent in a case that it is not usual at all to permanently leave it the way that it has been spread, such as by spreading mats over poles or on the ship as written above [in Halacha 2 and 8] as [by these cases] it is not usual at all to permanently leave the mats there the way they have been spread on Shabbos, and the same applies for all similar cases [that it is not usual to permanently spread a roofing there that it is permitted to be added to on Shabbos].

Adding to a permanent tent: It is forbidden to add a permanent hovering at all on Shabbos in any circumstance.[31] It is permitted to add a temporary hovering to a permanent hovering, if it is not common to leave it there permanently.[32]

 

Within how much space vertical and horizontal of the already established material must the hovering be? This matter requires further analysis!

C. Examples:

• Placing mats over the frames of a roof:[33]

Wood [rods] which have one end inserted into the wall of a ship and its other end is bent into a dome form until it reaches the other wall [of the ship], and it then has mats spread over them to provide protection from the sun or rain, then if the wood [rods] have a width of a handbreadth, even in only one of the rods[34]  then it is permitted to spread mats over them on Shabbos being that by doing so one is only adding on to a temporary tent which was made before Shabbos.

Spreading a roof over rods that are within three handbreadths of each other: Furthermore, even if none of [the rods] have a one handbreadth width, if they are within three handbreadths of each other then they are considered a tent, as [all items] within three handbreadths [of each other] are considered connected, and it is thus permitted to spread on them mats on Shabbos.

 

• Spreading a sheet over a baby’s crib:[35]

Similarly, a baby’s crib which has metal panels [over its top] and one [wants] to spread sheets over it to protect [the child] from flies, then if the panels are positioned as explained [meaning are a Tefach wide, or are within three handbreadths of each other] then it is allowed to spread a sheet on them on Shabbos. [However] if [it is] not [positioned this way] then it is forbidden. [See Q&A regarding spreading a netting over a crib]

 

• Making a tent over the corpse to protect it from the sun:[36]

A corpse which is in the sun and there is no other place to be move it to, or [there is but] they do not want to move it from its place, then it is permitted to build over it a temporary tent through deception [initially making it seem that it is being done] for the need of the living.

How it may be done: This is done as follows: Two people come along and sit on the two sides [of the corpse, one on each side], on top of the ground. [When it gets] hot for them below [on the ground] due to the heat of the ground that the sun heated, then [in a private domain] each person brings his bed there and sits on it[37]. [When] it gets hot for them above, each one brings a mat and spreads it over the bed for shade[38]. [Afterwards, they both may depart], each one overturns their beds, and removes them[39]. In this manner, the division [needed for shade] is created on its own accord, [as it were], for the two mats are back-to-back near each other and their two ends are located on the ground on either side of the corpse[40].

The reason why one may not initially spread the mat over the body is because:  The [Sages only] permitted to make a temporary tent [if needed in order to reduce] the pain of a live person and not for the pain of corpse[41]. Therefore, they required [people] to initially come sit [by either side of the corpse] until they are [too] hot below [sitting on the ground], in which case they may then bring beds to sit on.

[Now], even though the beds have no use at all in making the tent, [nevertheless they are brought] so that it appear that the spreading of the mats are not being done in order to make a tent over the corpse by attaching both [mats] together[42], but rather [the mats are being brought] in order so each one spread it over himself to shield him from the sun, [as by bringing out the beds one makes it evident that they are bothered by the heat] as [people see] that also when it was [too] hot for them from below [while on the ground] each one brought his bed and sat on them [so they say that the same applies here].

For this reason [too] they need to overturn and remove their beds from there and [thus consequently] position the spreading of the mats [over the floor] so that also here it should appear that the spreading of the mats was not done for the sake of the corpse but rather to shield themselves from the sun, as when it was [too] hot for them below they brought a bed and sat on it, and now when they have gotten up [and are ready to leave], they overturned it and brought it back.

• Making oneself a toilet out from stones:[43]

Large stones which are organized to create a seat with a hole which one sits on in fields by the area designated to be used as a bathroom, is permitted to be organized on Shabbos, being that [doing so] is a temporary structure that is not made to last, and a temporary structure is only prohibited to [be made] Rabbinically, and due to respect of humanity they did not apply their decree [in this case].[44] Nevertheless, to make a form of a tent with a roof is forbidden even though it is only a temporary tent. 

• May one open or close the roofing of a Sukkah?[45]

If this [roof] door [i.e. the removable roofing of the Sukkah] has hinges with which it is opened and closed, then it is like a complete opening and is permitted to open and close it on Shabbos and Yom Tov and doing so does not contain the Building or destroying prohibition.[46] [However, if there is a Tefach between the roofing and the Sechach then it is forbidden due to the Ohel prohibition.[47]]

Placing a sheet under the Sechach on Shabbos:[48] It is forbidden to spread the sheet under the Sechach on Shabbos or Yom Tov [due to the Ohel prohibition[49]]. This applies even if because of not doing so one will be unable to eat at all in the Sukkah due to the wind that will extinguish the candles on the night of Shabbos.[50] [This applies even if one places the sheet right under the Sechach without any space in between.[51]] However, if it is unclear if one will be unable to eat in the Sukkah if he does not spread the sheet over the Sukkah, then even during the weekday it is forbidden to spread it under the Sechach, due to the reason explained above in Halacha A-C.[52]

Placing a sheet over the Sechach on Shabbos:[53] It is permitted to spread a sheet over the Sechach on Shabbos or Yom Tov if lack of doing so will make one unable to eat at all in the Sukkah due to the wind that will extinguish the candles on the night of Shabbos.[54] However, if it is unclear if one will be unable to eat in the Sukkah if he does not spread the sheet over the Sukkah, then even during the weekday it is forbidden to spread it over the Sechach, due to the reason explained above.[55]

Summary: Hovering’s made for protection To initially set up: It is always forbidden to initially set up a roofing on Shabbos for protection purposes even if there are no walls under the roofing. If the roofing is made for permanent use, then it is Biblically prohibited. If made for only temporary use, then it is Rabbinically forbidden. Examples: One may not initially spread a sheet over a baby carriage.[56] What is the minimum amount of space that a roofing must hover over to be prohibited?[57] One handbreadth. If it does not have a handbreadth of empty space under it then it is completely permitted. How wide must the Ohel be to be forbidden? Any tent that does not have a handbreadths worth[58] is not a tent, as a Tefach is the measurement required for [a roofing item to be] considered a tent.[59] May one set up a temporary roofing in order to prevent pain? “The Sages permitted to make a temporary tent if needed in order to reduce the pain of a live person”.[60] However this only applies when one is making the tent with an irregularity, such as by holding it up with one’s hands as opposed to supporting it on something.[61] To add on to an already existing roofing: One is allowed to add on to a previously made roofing on Shabbos if all the following conditions are fulfilled: A. The previously made roofing extends at least the width of a handbreadth from the area that the roofing is rolled up, or does not but the roofing has two bars within three handbreadths of each other set up before Shabbos, and they are the length of a handbreadth from one to the other. B. The currently added roofing is only being placed for temporary use. C. It is not common at all to have the added roofing remain there permanently.[62] Regarding placing a sheet over a bar and the like to form a slanted roofing such as a tent-See Halacha 2! Examples: Making a tent over a corpse:[63] One is allowed to set up a tent over the corpse in order to shade it from the sun in the following way: Two people, each sitting on the side of the corpse after feeling hot on their bottom brings a bed and lays on it, then when they feel hot on their top they bring mats and place it over them, and then depart and move the beds, having the mats slip over the corpse, leaning on each other by their top, thus forming a tent over the corpse. May one open or close the roofing of a Sukkah?[64] This may be done if the roofing is resting within hinges and is thus opened and closed similar to a door, [and only if there is not a Tefach space between the roofing and the Sechach].   Q&A How many days must an Ohel last to consider it permanent and hence forbidden even to add on Shabbos? Some Poskim rule that if the addition will last eight days it is considered a permanent tent.   May one make an Ohel that is less than one Tefach wide?[65] Yes. May one open and close a folded Ohel that is attached to the walls? No.[66] May one hold up a hovering using his hands?[67] Some opinions[68] rule that in all cases that making a tent is forbidden, it is forbidden to do so even when holding it up with one’s hands, unless it is a case of pain as explained above. However other opinions[69] hold that a hovering may be held up with one’s hands if it has no walls underneath it. See coming Q&A regarding the law of an umbrella! Does a roof netting have the same law as does a sheet?[70] No. A netting which has more open space than actual cloth within the parameters of the netting is not considered a roofing and thus does not contain the Tent prohibition.[71] May one on Shabbos set up non-Muktzah panels within three handbreadths of each other?[72] If done without intent to spread a covering over them: Is allowed[73] but is questionable whether one is allowed to spread a sheet over them if he later changes his mind.[74] If done with intent to spread a covering over them:[75] Is forbidden, and if one went ahead and did so it remains prohibited to spread a covering over them. May one place rolled material that is one Tefach wide to hover over an item, as an Ohel?[76] Some Poskim[77] rule one may not do so. Other Poskim[78] rule one may do so. Practical Q&A May people hold open a sheet or a Tallis to grant shade or protection from rain?[79] Some opinions[80] rule that it is forbidden to do so. However other opinions[81] hold that a hovering may be held up with one’s hands if it has no walls underneath it. Nevertheless, in a case of pain one may be lenient according to all.[82] See coming Q&A regarding the law of an umbrella! On Simchas Torah may people spread open a Tallis over the Chasan Torah and children by Kol Nearim?[83] Yes. In this case it is permitted according to all opinions being that its intent is not protection but rather a sign of respect.[84] May one open or close a rain umbrella on Shabbos?[85] No. This matter is discussed extensively in the Poskim of previous generations.[86] The final ruling of this issue is that doing so is forbidden due to the Ohel prohibition[87], as well as due to it being a mundane act.[88] See above regarding the dispute of holding an Ohel in one’s hand! May one use an umbrella that was opened from before Shabbos?[89] It is forbidden[90] to use an umbrella on Shabbos even if it was opened from before Shabbos, and even in an area which has an eruv. May one open a sun umbrella?[91] Not attached to the ground: Is forbidden just like a rain umbrella. Attached to the ground: Some Poskim[92] rule that it is permitted to be opened and closed, while others[93] prohibit this. It is implied from Admur[94] like the stringent opinion! May one open or close a sunroof or roof window?[95] Yes. One may do so according to all opinions.[96]           May one open or close an awning or overhang which extends past the roof of a building?[97] Some Poskim rule that this may be done, and perhaps this applies according to all opinions.[98] May one place a netting over a crib or one’s bed to protect it from insects?[99] If the netting has more open space than actual cloth within its parameters, then it is allowed. Q&A on strollers May one open the hood of a baby carriage on Shabbos? [100] If the hood was not attached to the carriage from before Shabbos:[101] Then even in cases that it is permitted to attach the hood, it is forbidden to be opened[102]. However, there are Poskim[103] which are lenient[104]. If the hood was not opened a handbreadths width before Shabbos: Some Poskim[105] rule it is permitted to open and close the hood of a stroller on Shabbos in all cases, even if the hood was folded from before Shabbos.[106] Many other Poskim[107] however rule that it is forbidden to open or close the hood of a stroller for purposes of protection from the sun or rain and the like, if it was not opened a handbreadth [8 cm] before Shabbos, excluding the folded area.[108] According to Admur[109] we rule like the stringent opinion.[110] If the hood was opened a handbreadth [8 cm] before Shabbos:[111] If the hood of the stroller was opened 8 cm before Shabbos [excluding the folded area] then is permitted to further open it on Shabbos and to close the part which was further opened. May one open or close the hood of a baby carriage if there is no person inside? Example: One is bringing from home a large amount of food in a stroller/carriage towards the Shul’s Kiddush. May he open the hood to protect food from the rain or sun? Yes. [112] The prohibition of Ohel for protection only applies towards people and not towards items, as was explained in Halacha 1 in the Q&A. Furthermore, even according to the stringent opinion mentioned there, one may spread a sheet over the carriage if there will not be a Tefach of space between the sheet and the food. However, one may not spread a sheet over a large baby carriage unless a) there will not be a Tefach of space between the sheet and the food or b) One does not fully cover the carriage, as explained in Halacha 2D. May one spread a sun or rain cover over a baby carriage on Shabbos? If the hood was not opened a handbreadths width from before Shabbos: Some Poskim[113] allow one to open the hood of the carriage and then add to it the covering as this is similar to adding to already made roofing. Many other Poskim[114] however rule that it is forbidden to open the hood and thus according to them it would remain prohibited to place over the carriage a sun or rain cover. If the hood was opened a handbreadth from before Shabbos: Then it is permitted to add a cover to it. May one open an umbrella that is attached to a stroller from before Shabbos?[115] Some opinions[116] hold that this matter is subject to the same dispute mentioned earlier regarding opening the hood of a stroller on Shabbos. Others[117] hold that in this case it would be forbidden even according to the previously mentioned lenient opinions.   May one form the plastic stroller covering into a tent over the floor from before Shabbos and place it on his stroller on Shabbos if need be? Yes, however one must take caution not to fold the plastic on Shabbos after removing it. Rather he is to place it back into the tent position.[118]   Q&A on Sukkah If it is raining on Yom Tov may one place a sheet or the like over or under the Sechach?[119] Yes, as long as the sheet is not distanced more than a Tefach from the Sechach in order so one not transgress the prohibition of making an Ohel on Yom Tov.   If on Shabbos or Yom Tov the Sechach blew off due to wind, may it be replaced?[120] No. It is forbidden for a Jew to replace the Sechach on Shabbos or Yom Tov.[121] This applies even if only part of the Sechach blew off or folded over, nevertheless one may not spread it back onto the Sukkah [even with a Shinuiy].[122] [Likewise, seemingly one may also not place non-Kosher material over the now empty space for the sake of achieving Dofen Akuma and making the Sukkah valid.] However, [if there is no other Sukkah available[123] then] one may ask a gentile to replace the Sechach for him even if the entire Sukkah fell.[124]

Compilation-May one open or close the hood of a baby carriage on Shabbos?

A. Background:[125]

It is a Biblical prohibition to build or destroy a permanent tent, or hovering on Shabbos. Due to this, it is Rabbinically forbidden to build/open or take down or close any hovering on Shabbos, even temporary, lest one make or destroy a permanent hovering. This prohibition is known as “Issur Ohel.” Nonetheless, under certain conditions, extending, or taking down, a temporary hovering is permitted. These include: a) If the hovering was already opened one Tefach before Shabbos, then one may extend the hovering, or close the extension, on Shabbos.[126] This measurement of a handbreadth does not include any rolled up material.[127] b) If the purpose of the hovering is not for the sake of human protection from sun, rain, insects and the like, and it does not contain walls under it, then it may be opened and closed without restriction on Shabbos.[128] c) If the hovering is already attached to an item and simply needs to be opened or closed, it is permitted to be opened or closed on Shabbos even if it contains walls under it.[129] Nevertheless, it is debated amongst the Poskim[130] as to whether it may be opened or closed for all purposes, or only for purposes that do not involve human protection. All these factors are taken into account in the discussion of whether the opening the hood of a stroller is permitted on Shabbos. The following is the ruling on this subject: 

B. The law:[131]

If the hood was opened a handbreadth [8 cm] before Shabbos:[132] If the hood of the stroller was opened at least one Tefach [8 cm] before Shabbos [excluding the folded area[133]] then it is permitted according to all to further open it on Shabbos. [This allowance applies even if further opening the hood will form a tent like hovering of a roof and walls.[134]] Likewise, according to all, one may close the section that was further opened on Shabbos.[135] [However, according to the stringent opinion brought next, one may not close the section that was opened already from before Shabbos.[136]]

If the hood was not opened a handbreadth [8 cm] before Shabbos: Some Poskim[137] rule it is permitted to open and close the hood of a stroller on Shabbos without restriction, even if the stroller or hood was folded from before Shabbos.[138] This applies irrelevant of the reason for why one desires to open the hood, whether it is to protect the baby from the sun or rain, or simply to place items on the roofing, and applies whether or not the hood was partially opened already before Shabbos. However, other Poskim[139] rule that it is forbidden to open or close the hood of a stroller for purposes of protection for the baby [i.e. shade from the sun or rain and the like] in all cases that it was not opened a handbreadth [8 cm] from before Shabbos [in addition to the folded area of the hood].[140] Practically, the ruling of Admur[141] follows the stringent opinion, and it is thus forbidden for Chabad Chassidim, and all those who have accepted his rulings, to open or close the hood of a baby stroller unless it was opened a Tefach from before Shabbos, [in which case it may be further opened on Shabbos, and may be closed up until the area that was already open before Shabbos, as stated above].[142] However, amongst other sects of Jewry, many are accustomed to be lenient like the former opinion, and those who do so have upon whom to rely.[143] Nonetheless, even amongst those who are lenient, the advised approach is to open the hood of the stroller at least one Tefach every Erev Shabbos, and thus be allowed to further open it according to all.[144]

Summary: Was opened one Tefach before Shabbos: If the hood of the stroller was opened at least one Tefach [8 cm] before Shabbos [excluding the folded area] then it is permitted according to all to further open it on Shabbos. Was not opened one Tefach before Shabbos: It is disputed amongst Poskim whether one may open the hood of stroller on Shabbos for the sake of giving sun or rain protection, if it was not opened one Tefach before Shabbos. Admur follows the stringent opinion, and it is thus forbidden for Chabad Chassidim, and all those who have accepted his rulings, to open or close the hood of a baby stroller unless it was opened a Tefach from before Shabbos, [in which case it may be further opened on Shabbos, and may be closed up until the area that was already open before Shabbos, as stated above]. However, amongst other sects of Jewry, many are accustomed to being lenient like the former opinion, and those who do so have upon whom to rely.  Nonetheless, even amongst those who are lenient, the advised approach is to open the hood of the stroller at least one Tefach every Erev Shabbos, and thus be allowed to further open it according to all.   Q&A May one open or close the hood of a baby carriage if there is no person inside? Example: One is bringing from home a large amount of food in a stroller/carriage on behalf of the Shul’s Kiddush. May he open the hood to protect the food from the rain or sun? May he open the hood for the sake of putting stuff on top? Seemingly, even according to the stringent opinion above, one may open the hood of a baby carriage for a purpose that does not involve human protection, such as to carry item on top of it, or for the sake of giving shade to foods that are inside.[145] However, one may not spread a sheet over the carriage unless a) there will not be a Tefach of space between the sheet and the food or b) One does not fully cover the carriage.[146]   According to the lenient opinion, may one attach the hood on Shabbos and then open it?[147] Even according to the lenient opinion, it is only permitted to open and extend the hood of the stroller, if the hood was attached to the stroller before Shabbos. If, however, it was not attached before Shabbos, then even in cases that it is permitted to attach the hood to the stroller on Shabbos[148], it remains forbidden to open the hood even according to the lenient opinion above.[149] Accordingly, even if the hood is permitted to be  attached on Shabbos as explained in the footnote above, it is considered under the Muktzah category of Keli Shemilachto Lissur being that it cannot be opened any further.[150] [However, some Poskim[151] are lenient even in such a case, and rule may even initially attach the hood on Shabbos in a permitted way, and then open it according to the lenient opinion above.[152] Practically, one is to be stringent.]   May one spread a sun or rain cover over a baby carriage on Shabbos? If the hood was opened a handbreadth from before Shabbos:[153] If the hood of the stroller was opened one Tefach [8 cm] before Shabbos [excluding the folded area[154]] then is permitted according to all to further add a sun/rain cover on top of it [even though it will form a tent like hovering of a roof and walls[155]]. [This applies even if the plastic cover is not on top of, or directly adjacent to the hood, so long as it is within three Tefachim/24 cm from it.[156]] If the hood was not opened a handbreadths width from before Shabbos:[157] According to the stringent opinion above who prohibits opening the hood of a stroller on Shabbos, it goes without saying that it is also forbidden to place the plastic rain/sun cover over the stroller on Shabbos, if it was not opened one handbreadth from before Shabbos.[158] However, according to the lenient opinion above who allows opening the hood of a stroller on Shabbos, some Poskim[159] rule that it is likewise permitted for one to add the plastic covering to the hood, after opening the hood one Tefach worth on Shabbos.[160] However, other Poskim[161] rule that in such a case it is forbidden according to all to place the plastic sun/rain cover over the stroller on the basis of the Tefach wide open hood which he opened on Shabbos for this purpose.[162] However, in the event that the open hood fully covers the top of the stroller, then it is permitted according to all to place the plastic covering over it to form protecting walls on the sides of the stroller, even if one followed the lenient opinion to open the hood on Shabbos.[163] Forming the plastic stroller covering into a tent before Shabbos: If one formed the plastic stroller covering into a tent from before Shabbos, some Poskim[164] write that it is then permitted to place it on the stroller on Shabbos even if the hood of the stroller was not opened before Shabbos. However, one must take precaution not to fold the plastic on Shabbos after removing it and rather it must retain its tent position. Practically, however, one is not to rely on this, and is rather to open the hood of the stroller one Tefach before Shabbos, as stated above, in order to then be allowed to add the plastic covering to it according to all.[165] May one open a stroller umbrella, or wheelchair umbrella, on Shabbos?[166] Some strollers come built in with a side umbrella which is opened to protect the child from the sun/rain and the question is raised regarding if it may be opened on Shabbos. Some Poskim[167] rule that this matter is subject to the same dispute mentioned above regarding opening the hood of a stroller on Shabbos, in which some Poskim allow it to be done. [This, however, only applies to a specially manufactured stroller umbrella, and not towards a typical umbrella that one attached on his own to the stroller or wheelchair.[168]] Other Poskim[169], however, rule that this case is not subject to the debate mentioned above regarding opening the hood of the stroller, and it is thus forbidden according to all opinions to open the stroller umbrella.

________________________________________________

[1] Such as a wedding canopy.

[2] Admur 315:1; Michaber 315:1; Shabbos 125b

[3] Admur ibid; M”B 315:17

[4] Admur 301:48

[5] Admur 640:10

[6] Michaber 315:1; Admur 502:5; 626:20; 640:10 Vetzaruch Iyun why Admur omitted in 315:1 the word Yom Tov.

[7] Admur ibid; Michaber 315:1

[8] Admur ibid; M”B 315:17 and 20; Rashi ibid; So is proven from Sugya of Shabbos 138b and Michaber 301:40 regarding hats; See Ketzos Hashulchan 120 footnote 1

Other opinions: Some Poskim rule a temporary tent is permitted if it does not have walls under it. [Avnei Nezer 222] See however Ketzos Hashulchan ibid that completely negates his claim.

[9] Admur ibid; M”B ibid; Rambam 22:27; Yerushalmi 20:1

^[10] Admur 315:19; 315:12; 640:10; Michaber 315:13; Rambam 22:23

[11] Admur 315:2; Michaber 315:2; Eiruvin 102a

[12] Admur ibid; Rashi on Gemara ibid

[13] Admur 311:11

^[14] However even this only applies when one is making the tent with an irregularity, such as by holding it up with ones hands as says here, as opposed to supporting it on something. [Ketzos Hashulchan 120 footnote 1]

[15] See Piskeiy Teshuvos 315:15

[16] See Admur 315:1 and 9 and 11 and 15-19; Michaber 315:13; P”M 315 A”A 8

Background: See Michaber 315:13 that one may cover a barrel of wine with its lid even if there is a Tefach of space in-between. Admur 315:19 permits covering a vessel of food even with a cloth; See also wording of Admur 315:1; P”M 315 A”A 8

[17] See Tehila Ledavid 315:10; Minchas Shabbos 80:225; Ben Ish Chaiy Shemos 1:12; Kaf Hachaim 315:45; Chazon Ish 52:7; Piskeiy Teshuvos 315:15 and footnote 156

[18] M”B 315:20; Shaar Hatziyon 315:26; implied from M”A 315:7 which prohibits closing up the chiminey, even though it is not done for protection.

[19] From Admur 315:1 it is implied that only when the Ohel is made for actual protection is it considered an Ohel, however from 315:9 it is implied from the words “to hover over something under it” that even if not for protection it is considered an Ohel. See also Admur 315:3 “[Furthermore] even if one makes it in order to protect himself from the sun or the cold it is not considered like a tent because of this. Similarly [it is allowed even] if one made it in order to prevent the candles from extinguishing in the wind. It goes without saying that it is allowed to make a divider for mere privacy [purposes, such as] so that one not sit in a revealed area, or such as the dividers which are made during speeches to separate between the men and women, and so too for anything similar to this.” This implies that mere privacy is not considered an Ohel for protection, and so learns Chochmas Shlomo 626 that making a tent for “Tzenius Bealma” is not considered an Ohel “as explained in 315”; See Sheyikadesh Atzmo 44 footnote 2

[20] See Sheyikadesh Atzmo 44 footnote 2 in length

[21] The reason: As the Ohel prohibition does not apply in a case that there is not a Tefach of space between the cover and the hat. [Admur 315:19; 315:12; 640:10; Michaber 315:13; Rambam 22:23] B) A hovering made to protect an item [in contrast to a human] does not have the status of an Ohel when covering an item less than the size of a barrel. [See Admur 315:19 regarding a barrel]

[22] See Piskeiy Teshuvos 301:6 [old] 301:20 [new]

[23] Admur 315:2; Michaber 315:2; Chachamim in Shabbos 125b

[24] From here it is implied that only if the tent is temporary may one add to it on Shabbos. If, however the tent is permanent then one may not add to it on Shabbos, even if the addition is temporary, and so is implied from 315:17. However in truth one cannot say this, as in 313:1 Admur permits adding a temporary window to a permanent ceiling. Likewise, in 315:17 he himself permits to add the sails to the poles, and the poles are permanent. Hence, we see the main thing is not the item being added to but the state of the addition, as to whether the addition is temporary or not. Vetzaruch Iyun.

[25] Admur ibid; Michaber ibid; Eiruvin 102a

[26] Admur ibid; Rashi on Gemara ibid

[27] Admur ibid; Tosafus 36b based on Eiruvin 102a

[28] Admur ibid; Michaber ibid; Ritva

[29] Admur 315:8; Michaber 15:2; Eiruvin 102a

[30] Admur 315:17

[31] Admur 313:1; 315:17; M”A 315:1; Biur Halacha 313:1 “Velo Amrinan”

[32] Admur 315:5 regarding dividers; From 315:2 it is implied that only if the tent is temporary may one add to it on Shabbos. If however the tent is permanent then one may not add to it on Shabbos, even if the addition is temporary, and so is implied from 315:17. However in truth one cannot say this, as in 313:1 Admur permits adding a temporary window to a permanent ceiling. Likewise, in 315:17 he himself permits to add the sails to the poles, and the poles are permanent. Hence we see the main thing is not the item being added to but the state of the addition, as to whether the addition is temporary or not, and so rules Admur explicitly in 315:5 “Now, although the divider that extends [to the side] is permanent, [nevertheless] this does not pose a problem as explained in chapter 313 [Halacha 1] that there is only a prohibition [in adding to a tent] when the addition is permanent.” Vetzaruch Iyun.

[33] Admur 315:8

^[34] Meaning that at least two rods were placed in this position on the boat in order to spread the sheets over them thus forming a tent. Thus, if one of these rods had a handbreadths worth, then it is allowed.

[35] Admur 315:8; M”A 315:4; M”B 315:12

[36] Admur 311:11; Michaber 315:6

^[37] Lit. This one brings his bed and sits on it, and this one brings his bed and sits on it

^[38] Lit. This one brings his mat and spreads it on the bed, and this one brings his mat and spreads it on the bed

^[39] Lit. This one brings overturns his bed and removes it, and this one overturns his bed and removes it.

^[40] Thus, forming a miniature tepee over the corpse.

^[41] However even this only applies when one is making the tent with an irregularity, such as by holding it up with one’s hands as says here, as opposed to supporting it on something. [Ketzos Hashulchan 120 footnote 1]

^[42] Meaning by having them touch each other and form a tepee.

[43] Admur 312:15

^[44] Regarding the problem of Muktzah there are opinions that say that this is only referring to stones that have been designated before Shabbos to be used for this purpose. However, others learn that even if not predestinated the Sages allowed one to move it. [Mishneh Berurah 25] [It seems from the Alter Rebbe like the latter as a) Why didn’t the Alter Rebbe mention the case is referring to designated stones, and b) if the stones were designated for this, then the structure made out from them is permanent not temporary.]

[45] Admur 626:20; Rama 626:3

[46] Why the closing of the awning does not pose an Ohel prohibition: It requires further analysis why one is allowed to open and close the awning of the Sukkah. Why does this action not contain a prohibition of Ohel? The Chazon Ish 52:6 rules the reason this scenario does not pose a prohibition of Ohel is because the hovering is attached to hinges and is it is thus considered like one is opening a folding chair. See also Shaar Hatizyon 315:35 that implies like Chazon Ish; however, see Biur Halacha 315:8 “Tefach” regarding the prohibition against using an umbrella that implies like Admur. However, this explanation is not acceptable according to Admur, as explained in Ketzos Hashulchan 120 footnote 8 based on Admur 315:13, that Admur rules even hovering that are attached to hinges may not be opened due to the Ohel prohibition. One can answer that the case here is discussing that there is not a Tefach of space between the awning and the Sechach and hence it is not considered an Ohel [as rules Admur in 640:10]. However, it requires further analysis why Admur did not stipulate this into the case. Alternatively, the reason why this specific Halacha does not discuss the Ohel prohibition is because it is discussing a case that the Sukkah was made inside a house and part of the ceiling has a window which is opened so the Schach be directly under the heavens. Opening this window does not pose an Ohel prohibition as one is allowed to add a temporary Ohel to an Ohel which was already extended a Tefach before Yom Tov/Shabbos, and in this case when one closes the window, he is simply adding that hovering to the already existing ceiling. In conclusion the result of the above explanation in Admur is that if one built a Sukkah outside of his home and built an awning over it, this awning may only be opened and closed on Shabbos if there is not a Tefach of space between the awning and the Schach.

[47] See previous footnote.

[48] Admur 640:10; Rama 640:4; Or Zarua Shabbos 78:6; Rokeiach 219, brought in Beis Yosef 629 and M”A 640:8

[49] Implication of Admur ibid; M”A 640:8 in name of Rokeiach 219 “Due to Ohel”; Levushei Serud 640 on M”A 640:8; P”M 640 A”A 8; See next footnote; See Taz 640:4 who explains the reason for the prohibition is due to that it will nullify the Sechach, however see Levushei Serud ibid who clarifies that this only applies to the stringent opinion in 629:19, and according to the leninet opinion it is due to Ohel; See M”B 640:25; Kaf Hachaim 640:39

[50] The reason: As the Mitzvah of Sukkah does not push away any prohibition even if it is only a Rabbinical in nature. [Admur ibid; See Admur 628:5 and 586:22 regarding the reason behind why we do not override even a rabbinical command] Now, since it hovers over a Tefach of space that is under it, therefore it is considered an Ohel [Levushei Serud 640 on M” 640:8 and so is implied from Admur ibid who writes that the allowance to spread over the Sechach is due to that it does not hover over one Tefach of space, hence implying that whenever it does hover over 1 Tefach of space then it is a problem; Kaf Hachaim 640:41] However, some Poskim explain that the Ohel prohibition only applies in such a case if there is a space of four or even three Tefachim between the Sechach and the sheet. [P”M 640 A”A 8; See also Machatzis Hashekel on M”A ibid who writes that the prohibition is due to there being space between the Sechach and sheet that is under it; Bikureiy Yaakov 640:14; M”B 640:25; Shaar Hatziyin 629:84]

[51] Implication of Admur ibid; Implication of Levushei Serud 640 on M” 640:8, and so learns Shaar Hatziyon 640:35 in his opinion; Kaf Hachaim 640:41; see the previous footnote!

Other opinions: Some Poskim rule that it is permitted to spread the sheet within three of the Sechach even on Shabbos and Yom Tov, as only when there is three Tefachim or more of space in between is it an Ohel prohibition. [M”B ibid and Shaar Hatziyon 640:34-35 based on P”M ibid, Machatzis Hashekel ibid and Bikureiy Yaakov ibid] See Kaf Hachaim 640:41 who concludes like the opinion of the Levushei Serud

[52] Admur ibid; See 1^st opinion in Michaber 629:19; See Taz 640:4 and M”B 640:25 who write the reason for not placing it under the Sechach is because it nullifies the Sechach, which applies even during the week

[53] Admur 640:10; M”A 640:8; M”B 640:25

[54] The reason it is not forbidden due to Ohel: It is not forbidden due to the Ohel prohibition being that it does not contain a Tefach height from between the sheet and the Sechach that is under it, and it is hence not considered an Ohel at all. [Admur ibid; M”A 640:8; Levushei Serud 640 on M” 640:8;] However, others explain that the reason that it does not contain an Ohel prohibition is because since there is no space between the sheet and the Sechach, therefore it is considered Tosefes Ohel. [Machatzis Hashekel in explanation of M”A ibid; Vetzaruch Iyun]

[55] Admur ibid; Implication of M”A ibid

^[56] Admur 315:8

^[57] Admur 315:19

[58] Admur 315:2; Michaber 315:2; Eiruvin 102a

[59] Admur ibid; Rashi on Gemara ibid

^[60] Admur 311:11

^[61] Ketzos Hashulchan 120 footnote 1

^[62] Admur 315:17

^[63] Admur 311:11

[64] Admur 626:20

[65] See Admur 315:2; 302

[66] Admur 315:13; Tehila Ledavid 315:8; Ketzos Hashulchan 120 footnote 8; Igros Moshe 4:105; Sheivet Halevy 3:54; Minchas Yitzchak 10:26 leaves this matter in question although leans to be lenient in a case that the hood also forms side walls when opened.

Other opinions: Some Poskim rule one may open and close an Ohel that is attached to hinges. [Chazon Ish 52:6; Bris Olam 14; Shraga Hameir 3:37; Beir Moshe 6:87 based on Chazon Ish; SSH”K 24:13]

[67] Piskeiy Teshuvos 315:8

^[68] Ketzos Hashulchan 120 footnote 1 based on Taz 319:1; P”M 315 M”Z 7

[69] Avnei Nezer 222; Tehilah Ledavid 315:9; Minchas Shabbos 80:224; Chazon Ish 54:60

[70] Piskeiy Teshuvos 315:1

[71] So rules Beir Moshe 6:97 and SSH”K 24:11 in name of Rav SZ”A.

[72] Piskeiy Teshuvos 315:4

[73] Rav Akivah Eiger being that we do not say Levud Lehachmir.  

Vetzaruch Iyun Gadol from Admur 626:14: “Even if the supports are within three handbreadths within each other, nevertheless we do not say the concept of Lavud, and therefore one may eat under the Kosher Schach. The reason that we do not say the concept of Lavud here is because this status is only given when there is no interval between the two items that are in proximity of three handbreadths. Thus here since the Schach intervenes the concept of Lavud does not apply.” This implies that if not for the kosher Schach having been there, we would say Levud even Lehachmir

[74] So rules Rav SZ”A  in SSH”K 24 footnote 40

[75] Ketzos Hashulchan 120 footnote 11

[76] See M”B 315:16 and Shaar Hatziyon 20; Piskeiy Teshuvos 315 footnote 78

[77] Taz 315:3 based on Rashi; Tosefes Shabbos; Mamar Mordechai; Conclusion of M”B in Shaar Hatziyon ibid; Ben Ish Chaiy Shemos 2:1; Kaf Hachaim 315:27; Chazon ish 52:8

[78] Elya Raba 315:5 as rules Bach; Gr”a

[79] Piskeiy Teshuvos 315:8

^[80] Ketzos Hashulchan 120 footnote 1 based on Taz 319:1; P”M 315 M”Z 7

[81] Avnei Nezer 222; Tehilah Ledavid 315:9; Minchas Shabbos 80:224; Chazon Ish 54:60

[82] Keztos Hashulchan 120 footnote1 based on Admur 311:11

[83] Piskeiy Teshuvos 315:8

[84] Ketzos Hashulchan 120 footnote 1

[85] SSH”K 24:15

[86] Opinions which prohibit it: Nodeh Beyehuda Tenyana 30 [he says it could be Biblically forbidden]; Tehila Ledavid 315:8; M”B in Biur Halacha 315:8; “Tefach”; Mamar Mordechai; Chayeh Adam, Sharreiy Teshuvah 302; Ketzos Hashulchan 120:13; SSH”K 24:15.

Opinions which permit it: Chasam Sofer 72 rules that it involves no prohibition at all, and he rules that one may be lenient to have it opened by a gentile. Chazon Ish 52:6 rules it does not contain an Ohel prohibition but is not to be done because it is Uvdin Dechol. The reason behind those which claim that it does not contain an Ohel prohibition is because they say it is similar to a folding chair which was allowed. [Chazon Ish ibid; Noda Beyehudah ibid in name of Chacham Hamatir]

Opinion of Admur: Seemingly, according to Admur it is clear that that it is forbidden to open or close an umbrella as all matters made for protection may not be spread due to the Ohel prohibition even if a) it hovers over a person and is moving [as we see clearly from Admur’s ruling by the hat case] and even if b) it was attached before Shabbos and only needs to be extended [as Admur depends the allowance of opening the folding chair because it is not made for protection]. Hence all the reasons of allowance brought by the questioner in Teshuvas Nodah Beyehudah are rejected by Admur, as does the Noda Beyehudah himself.

[87] All Poskim mention above rule it is forbidden due to creating an Ohel.

[88] Chazon Ish ibid

[89] Ketzos Hashulchan 120:13; So rules also Chazon Ish 52:6 [brought in SSH”K 24:15] that it should not be done due to it being a belittling of Shabbos.  

[90] From SSH”K 24:15 it is implied that it should not be done but is not such a clear prohibition.

[91] SSH”K 24:15

[92] SSH”K 24:15 based on Chazon Ish 52:6

[93] See below “May one open the hood of a baby carriage on Shabbos” for the different opinions there and seemingly this dispute would apply here as well.

[94] 315:13 : “Any temporary tent which one has no intention into making into a tent [the Sages] only prohibited spreading over walls which one [had already] set up under it on Shabbos if the roofing had not been attached on its walls from before Shabbos. However if [the roofing] had already been attached to them from before Shabbos but it was placed there folded, then it is permitted to spread it out and set it up on Shabbos.”

[95] SSH”K 24:15

[96] As it is similar to a door which opens and closes on its hinges. [Admur 626:20, see above example regarding roof of Sukkah]. As well one is merely adding an extension to an already existing roof, which is allowed according to all when done for temporary use. 

[97] SSH”K 24:15

   

[98] As one is merely adding an extension to an already existing roof, which is allowed according to all when done for temporary use. 

[99] See above!

[100] See Piskeiy Teshuvos 315:6

[101] SSH”K 24:13

[102] SSH”K 24:13, as rules Ketzos Hashulchan regarding question brought earlier if one may set up on Shabbos panels within 3 handbreadths of each other, in which case he rules that it is forbidden.

[103] Az Nidbaru 3:24

[104] Seemingly they hold that once it is attached it is considered like a door and is thus allowed to be opened.

[105] Chazon Ish 52:6; Bris Olam 14; Shraga Hameir 3:37; Beir Moshe 6:87 based on Chazon Ish; SSH”K 24:13; See also Shaar Hatizyon 315:35 that implies like Chazon Ish, however see Biur Halacha 315:8 “Tefach” regarding the prohibition against using an umbrella that implies like Admur.

[106] The reason: As since the hood was already connected to the stroller from before Shabbos, it is no different than opening a door on its hinges, or a folding chair. [ibid]

[107] Ketzos Hashulchan 120 footnote 8; Igros Moshe 4:105; Sheivet Halevy 3:54; Minchas Yitzchak 10:26 leaves this matter in question although leans to be lenient in a case that the hood also forms side walls when opened.

[108] The reason: Even though the hood was attached from before Shabbos it is forbidden to open or close it being that in this case ones intent is in truth for a roofing protection, in contrast to a folding chair and the like. [ibid]

[109] Admur 315:13 : “Any temporary tent which one has no intention into making into a tent [the Sages] only prohibited spreading over walls which one [had already] set up under it on Shabbos if the roofing had not been attached on its walls from before Shabbos. However, if [the roofing] had already been attached to them from before Shabbos but it was placed there folded, then it is permitted to spread it out and set it up on Shabbos.”

[110] See Ketzos Hashulchan ibid

[111] Ketzos Hashulchan ibid

[112] The reason: This may be done as the prohibition of making an Ohel only applies when it is made for the sake of protecting people and not when it is made for the sake of protecting items, such as food or other purpose. Now, although it is forbidden on Shabbos to set up a tent with walls for even non-protective purposes, in its normal way, nonetheless here that the walls are set up before Shabbos, it is permitted, similar to placing a cover on a vessel to protect the food. [See Michaber 315:13 that one may cover a barrel of wine with its lid even if there is a Tefach of space in-between. Admur 315:19 permits covering a vessel of food even with a cloth; See also wording of Admur 315:1; P”M 315 A”A 8] Furthermore, being that the hood was already attached to the stroller before Shabbos, it is similar to the allowance to open a folding chair, in which all agree is allowed when performed for non-protecting purposes. Now, although it is possible to argue that since in general a hood is meant to serve a s protection for a child, therefore it should not be allowed to be opened at all on Shabbos, even for non-protective purposes, in truth, we do not find such a precedence of differentiation, and the matter is solely dependent on whether one’s intent is for protection or not.

[113] Rav SZ”A in SSH”K 24 footnote 46

[114] Ketzos Hashulchan 120 footnote 8; Igros Moshe 4:105; Sheivet Halevy 3:54; Minchas Yitzchak 10:26 leaves this matter in question although leans to be lenient in a case that the hood also forms side walls when opened.

[115] Piskeiy Teshuvos 315:6

[116] Az Nidbaru 11:24

[117] Beir Moshe 6:108

[118] So writes Piskeiy Teshuvos 315 footnote 22, as a moveable tent is still called a tent. Vetzaruch Iyun Gadol as according to this it should be permitted also to wear a baseball cap for sun protection being that it was already a tent from before Shabbos.

[119] Piskeiy Teshuvos 326:6; See Admur 640:10

[120] See Kaf Hachaim 637:5; Piskeiy Teshuvos 626:10; Nitei Gavriel 62:16; 18:7-8

[121] P”M 630 A”A 19; Shut Magidos of P”M 109; M”B 637:1 in name of Pischeiy Olam 637:2 in name of Shoel Umeishiv Reviah 3:25; See Admur 315:1; Michaber 315:1; Shabbos 125b

The reason: This is forbidden due to both the Ohbel and Muktzah prohibition.

[122] M”B ibid; Pischeiy Olam ibid; Shoel Umeishiv ibid; Kaf Hachaim ibid

The reason: It is forbidden to replace the Sechach due to the Ohel prohibition. [See Kaf Hachaim ibid] Now, although it is permitted to add to an already established Ohel of a Tefach, this only applies by a temporary addition, however the addition of Sechach during Sukkos for the sake of a Mitzvah is considered permanent. [See Meged Yehuda on Shut Magidos 3 of P”M 109]

Other opinions: Some Poskim rule that if there remains a Tefach of Sechach that was no blown off, then one may replace it with a Shinuiy. [Nitei Gavriel 18:8; Vetzaruch Iyun Gadol how he ignored all the above Poskim!]

[123] Shut Magidos of P”M 109 [See also P”M 626 A”A 8]; Kaf Hachaim ibid; Nitei Gavriel ibid; Omitted from M”B ibid, Beir Yitzchak 13

[124] Implication of P”M 630 A”A 19 regarding Yom Tov, brought [and negated] in Kaf Hachaim ibid [unlike P”M 626 A”A 8]; Shut Magidos of P”M 109 regarding even Shabbos; Birkeiy Yosef 626:11; Lev Chaim 2:109; Pischeiy Olam ibid in name of Beir Yitzchak 13; Bikureiy Yaakov 626:11; Ateres Chachamim 6; M”B ibid; Piskeiy Teshuvos ibid; Nitei Gavriel ibid; See Admur 586:24; 594:2 and Chapter 3 Halacha 4

Other opinions: Some opinions question the allowance to even ask a gentile to do it on Shabbos or Yom Tov, due to the prohibition of Amirah Lenachri, as perhaps the placing of Sechach on the Sukkah is a Biblical prohibition. [P”M 626 A”A 8; Kaf Hachaim ibid] Other Poskim rule that it is only permitted on Yom Tov and not on Shabbos. [See Beis Yitzchak ibid; Piskeiy Teshuvos ibid]

[125] See Admur 315:1; Michaber 315:1; Rambam 22:27; Shabbos 125b; Yerushalmi 20:1; M”B 315:17

[126] Admur 315:2; Michaber 315:2; Chachamim in Shabbos 125b

[127] Admur ibid; Michaber ibid; Ritva

The reason: The reason for this is because the circumference of the rolled material does not appear like a tent at all. [Admur ibid]

[128] Admur 315:1 “It is forbidden to make a tent, which refers to [any] roofing which hovers over a person in order to guard him from a given matter, such as [to protect him] from the sun or from the rain or from another given matter.” And Admur 315:9 “A temporary roof which one does not intend in making it for it to be a tent to hover over what is underneath it, but rather only in order to use [this roof] for a certain use, such as for example placing the board of a table on its legs, then even though in doing so one makes a temporary roof this does not pose a problem being that one has no intent to make a tent. Nevertheless, if one also places temporary walls under this roof, then this is similar to a tent and is forbidden to be done in its normal form which is [starting] from below to above, and rather [must be done from] above to below [which is] an irregular form.”; Michaber 315:3 as explained in M”A 315:7; M”B 315:17-19

[129] Admur 315:13 “Any temporary tent which one has no intention into making into a tent [the Sages] only prohibited spreading over walls which one [had already] set up under it on Shabbos if the roofing had not been attached on its walls from before Shabbos. However, if [the roofing] had already been attached to them from before Shabbos but it was placed there folded, then it is permitted to spread it out and set it up on Shabbos. For example a chair made from individual parts and when one wants to sit on it one opens it and spreads and stretches the leather [seating] and when one removes [the seat] he closes it up and has the leather fold, then it is permitted to initially open it on Shabbos even if it has walls under it.”; Michaber 315:5; Tur 315; Shabbos 138a as explains Tosafus; Piskeiy Teshuvos 315:7 [old] 11 [new]; Biur Halacha 315:5 “Kisei” regarding a folding bed; So rule also regarding opening a Chuppah canopy: Admur 315:13; M”A 315:8 ; M”B 315:27

[130] The dispute is based on how to interpret the above sources of allowance, as well as in how to understand the allowance to open a Chuppah canopy on Shabbos, as brought in M”A 315:8 and to close a Sukkah awning due to rain, as explained in Rama 626:3; See Poskim in following footnotes!

[131] See Piskeiy Teshuvos 315:6 [old] 315:9 [new]

[132] Sources above in condition A; M”B 315:12; Ketzos Hashulchan 120 footnote 8

[133] Admur 315:2; Michaber 315:2

Other opinions: Some Poskim suggest that by a stroller, even the folded area can count as part of the Tefach, as it is made for protection and is recognizable as such. [See Or Letziyon 2:28-2; Piskeiy Teshuvos 315 footnote 98 and 101]

[134] Minchas Yitzchak 10:26; See Piskeiy Teshuvos 315 footnote 100

Background regarding if doing so is similar to making a tent and should hence be forbidden due to the tent prohibition: The Poskim rule that it is forbidden to make a tent on Shabbos for protection purposes by placing the material over a surface and having the material then dangle from the two sides, hence making a tent in between. [Admur 315:15-18; Michaber 315:8; Shabbos 138] Accordingly, it should remain forbidden to ever place a rain covering over a stroller, as by doing so one is making a tent. [See Piskeiy Teshuvos 315 footnote 99 who implies that indeed if the plastic covering will form a slant of one Tefach within three Tefachim, then it is forbidden] However, in truth, since the open hood of a stroller is recognizably there for protection purposes, therefore, adding the plastic material and having it form walls like a tent is simply like adding a temporary hovering to an already established Tefach hovering which is allowed, and hence we don’t care if the material now forms a Tefach hovering. [See Tosefes Shabbos 315:18 “Before Shabbos the tent needs to have a Tefach opened before Shabbos”; Kaf Hachaim 315:61; Piskeiy Teshuvos 315:18]

[135] Admur 315:16

[136] Admur 315:16 “When one adds onto a tent that was [the width of] a handbreadth from before Shabbos, it is only permitted to dismantle the material that was added [on Shabbos] however not the part of the tent that was [already] built from before Shabbos.” Piskeiy Teshuvos 315:9 footnote 101 and 315:8; See Avnei Nezer 211:34 and Ketzos Hashulchan 120 footnote 17 regarding if one may close it up until the Tefach area, if it was open more than a Tfeach from before Shabbos

Other opinions: Some Poskim rule that the entire roofing may be dismantled. [Chazon Ish 52:7; SSH”K 24 footnote 31 allows this to be done in stages]

[137] Implication of all the following Poskim who understand M”A ibid to rule that one may open a Chuppah even for protection purposes if it was attached before Shabbos: P”M 315 A”A 8; Tosefes Shabbos 315:14; Beis Meir 315:1; Chasam Sofer 72; Machaneh Mayim 3:23; Shevilei David 315; Shaar Hatizyon 315:35; The following Poskim explicitly rule this way: Chazon Ish 52:6 based on Michaber 315:5 and Shabbos 138a regarding allowance of folding chair and Rama 626:3 regarding allowance of Sukkah awning and M”A 315:8 regarding allowance of Chuppah “From here it is learned that the hoods of the baby stroller which are folded may be folded and closed on Shabbos even though one intends to make a roof [for protection of the baby]”; Bris Olam 14; Shraga Hameir 3:37; Beir Moshe 6:87 based on Chazon Ish ibid “It is permitted to open and close them on Shabbos”; SSH”K 24:13; Ateres Moshe 1:87; Migdanos Eliyahu 2:78; Piskeiy Teshuvos ibid footnote 96 in name of many Milaktei Doreinu

Ruling of Mishneh Berurah: See Shaar Hatizyon 315:35 which implies like Chazon Ish ibid that one may always open a folded hovering even for protection purposes, however, see Biur Halacha 315:8 “Tefach” regarding the prohibition against using an umbrella, which implies like Admur that one may never open even a folded hovering for protection purposes. See Piskeiy Teshuvos 315 footnote 135

[138] The reason: As since the hood was already connected to the stroller from before Shabbos, it is no different than opening/closing a door on its hinges by the Sechach of a Sukkah [as rules Rama ibid], or opening a folding chair [as rules Michaber 315:5 and Shabbos 138a] or opening a Chuppah canopy [as rules M”A ibid]. From these sources we learn that all pre-attached hovering’s may be opened and closed on Shabbos without restriction, even if they are being opened for protection purposes, as is the case regarding the Chuppah canopy, as explains Shaar Hatizyon 315:35, and as is clearly the case regarding the Sukkah awning which is being closed to protect from rain. The reason there is no decree against opening it in these cases is because the hovering was pre-attached before Shabbos, and its opening is simply “Derech Tashmisho” and not in a way of building. [Chazon Ish and Poskim ibid]

[139] Implication of Admur 315:13 [explained below]; Implication of all the following Poskim who understand M”A ibid to rule that one may only open a Chuppah for non-protection purposes even if it was attached before Shabbos: Noda Beyehuda Tinyana 30; Menorah Hatehorah 315:14; Shoel Umeishiv Gimel 2:43; Tiferes Yisrael Kalkeles Shabbos Boneh 3; Aruch Hashulchan 315:10 and 12; Daas Torah 315; Tehila Ledavid 315:8; Kaf Hachaim 315:44; The following Poskim explicitly rule this way: Ketzos Hashulchan 120 footnote 8 “Regarding the hood of strollers, it is obvious that it is forbidden to be opened on Shabbos even though it is attached to the stroller…One must warn the public regarding this.”; Igros Moshe 4:105; Sheivet Halevy 3:54; Or Letziyon 2:28-2; Halichos Olam 2:1; Minchas Yitzchak 10:26 leaves this matter in question although leans to be lenient in a case that the hood also forms side walls when opened.

The ruling of Admur: Admur 315:13 rules: “Any temporary tent which one has no intention into making into a tent [the Sages] only prohibited spreading over walls which one [had already] set up under it on Shabbos if the roofing had not been attached on its walls from before Shabbos. However, if [the roofing] had already been attached to them from before Shabbos but it was placed there folded, then it is permitted to spread it out and set it up on Shabbos.” Thus, Admur clearly learns that the Talmudic allowance of a folding chair is limited to a case that the intent of the hovering is not for protection purposes, and hence here that the purpose of the stroller hood is to protect the child, it is forbidden to be opened or closed.

Contradiction from the ruling regarding the Chuppah canopy: The Poskim rule that it is permitted to open a Chuppah canopy on Shabbos being that it is pre-attached [to its poles]. [Admur 315:13; M”A 315:8; M”B 315:27] This seems to imply that the allowance of a pre-attached item applies even when the item is opened for protection purposes, as if the intent of the above canopy is not for protection purposes, it should permitted be regardless, being that it does not have walls, and so learns the Shaar Hatziyon 315:35 and Chazon Ish ibid that the intent of the canopy is for protection purposes. This directly contradicts the ruling of the Poskim ibid. However, in truth it is possible to explain the case to be referring to opening the canopy for non-protection purposes, such as for Kavod Chasan Vekallah, and the novelty is that even if the canopy contains walls, it may be opened, being that it was pre-attached before Shabbos. [So explains Tehila Ledavid 315:8]

Contradiction from the ruling regarding the awning of a Sukkah: Admur 626:20 rules “If this [roof] door [i.e. the removable roofing of the Sukkah] has hinges with which it is opened and closed, then it is like a complete opening and is permitted to open and close it on Shabbos and Yom Tov and doing so does not contain the Building or destroying prohibition.” This follows the ruling of the Rama 626:3. At first glance, this ruling seems to contradict the ruling of the Poskim ibid, as certainly the Sechach door is being closed for protection purposes, and it is nevertheless allowed, thus proving the approach of the Chazon Ish ibid. However, in truth the reason why a Ohel prohibition does not apply in this case is not because it was pre-attached before Shabbot, but rather because it is discussing a case that the Sukkah was made inside a house and part of the ceiling has a window which is opened so the Sechach be directly under the heavens. Opening this window does not pose an Ohel prohibition as one is allowed to add a temporary Ohel to an Ohel which was already extended a Tefach before Yom Tov/Shabbos, and in this case when one closes the window, he is simply adding that hovering to the already existing ceiling. [See Minchas Yitzchak 10:27, brought in Piskeiy Teshuvos 315 footnote 141, for a similar answer] Alternatively, one can answer that the case here is discussing that there is not a Tefach of space between the awning and the Sechach and hence it is not considered an Ohel [as rules Admur in 640:10]. [So answers Or Letziyon 2:28-1] In conclusion, the result of the above explanation in Admur is that if one built a Sukkah outside of his home and built an awning over it, this awning may only be opened and closed on Shabbos if there is not a Tefach of space between the awning and the Schach. See however, Noda Beyehuda Tinayan 30 who answers that building awnings are an exception and may be opened being they are built into the house and considered part of it. See also Piskeiy Teshuvos 315:13 footnote 136 and 141

[140] The reason: As although the hood was attached to the stroller from before Shabbos, and is thus similar to the case of a folding chair, nevertheless, this attachment only permits one to open and close it without restriction for non-protection purposes, as is the original Talmudic example with the folding chair, which is opened and closed for non-protection purposes. However, to open or close a hovering for protection purposes is always forbidden even if the hovering as pre-attached before Shabbos, and there exists no precedent in the Poskim and in the above folding chair example, to permit it. [Ketzos Hashulchan ibid; Poskim ibid]

[141] See previous footnotes!

[142] See Ketzos Hashulchan ibid

[143] See Migdanos Eliyahu 2:78 that the custom is to be lenient and the defense of the custom

[144] Piskeiy Teshuvos 315:9 and footnote 102 that although the widespread custom is to be lenient, nevertheless it is proper to do as above and avoid the disputes

[145] The reason: This may be done as the prohibition of making an Ohel only applies when it is made for the sake of protecting people and not when it is made for the sake of protecting items, such as food or other purpose. Now, although it is forbidden on Shabbos to set up a tent with walls for even non-protective purposes, in its normal way, nonetheless here that the walls are set up before Shabbos, it is permitted, similar to placing a cover on a vessel to protect the food. [See Michaber 315:13 that one may cover a barrel of wine with its lid even if there is a Tefach of space in-between. Admur 315:19 permits covering a vessel of food even with a cloth; See also wording of Admur 315:1; P”M 315 A”A 8] Furthermore, being that the hood was already attached to the stroller before Shabbos, it is similar to the allowance to open a folding chair, in which all agree is allowed when performed for non-protecting purposes. Now, although it is possible to argue that since in general a hood is meant to serve a s protection for a child, therefore it should not be allowed to be opened at all on Shabbos, even for non-protective purposes, in truth, we do not find such a precedence of differentiation, and the matter is solely dependent on whether one’s intent is for protection or not.

[146] See Admur 315:19 regarding covering a barrel, or a vessel the size of a barrel, and the same applies here

[147] All Poskim who forbid Tosefes Ohel unless it was set up before Shabbos, as explained in the reason below; SSH”K 24:13; Piskeiy Teshuvos 315:9 that in such a case it is forbidden according to all; Rav Y.Y. Fisher in letter printed in Maor Hashabbos 4:7

[148] Avoiding the Tikkun Keli Prohibition: One may only attach the attach the hood to the stroller on Shabbos if it avoids the Tikkun Keli prohibition, such as if the hood hangs on hooks and the like, in which the attachment is loose, and is meant to always remain loose. However, to attach it strongly using snatches, inserts, screws, or snaps and the like, is forbidden due to Tikkun Keli, unless one is always accustomed to attach and detach the hood constantly every day after its use. Practically, by most strollers, it is forbidden to attach the hood, as the attachment is strong and is commonly left on for more than 48 hours. [See Admur 313:19-21; Michaber 313:6 and 9; Rama 313:6; Ketzos Hashulchan 119 footnote 7; Piskeiy Teshuvos ibid footnote 103; 313:4]

Avoiding the Ohel prohibition: In addition to avoiding the Tikkun Keli prohibition, one may only attach the attach the hood to the stroller on Shabbos if it avoids the Ohel prohibition, such as if it does not hover a Tefach over the child, even when folded. [See M”B 315:16 and Shaar Hatziyon 20; Piskeiy Teshuvos 315 footnote 78 and 105] Likewise, it may be attached even if it extends one Tefach if one’s intent is not to use it as protection for the child, but simply to put things on top of it, or under it, and the like.

[149] The reason: As it is forbidden on Shabbos to add a Tosefes Ohel Araiy unless the original panel was already set up before Shabbos. [Admur 315:8 “such as for example if the mat was spread out from before Shabbos a handbreadths worth… as all this is only adding to the handbreadth tent which was made the day before”; Rama 315:1; Levush 315:2; M”B 315:12; Chazon Ish 52:8; Piskeiy Teshuvos 315:7 footnote 72] Accordingly, it is forbidden on Shabbos to set up on Shabbos panels within 3 handbreadths of each other with intent to then spread a sheet over it on the basis of Tosefes Ohel Araiy. [Ketzos Hashulchan 120 footnote 11] Accordingly, here too it is forbidden to initially attach the hood on Shabbos for the sake of then opening it on the basis of the lenient opinions allowance. [SSH”K and Piskeiy Teshuvos ibid]

[150] Piskeiy Teshuvos 315:9 footnote 105

[151] Az Nidbaru 3:24; Bris Olam Boneh 14; 9:19; All Poskim who permit Tosefes Ohel even if it was set up on Shabbos: Tosefes Shabbos 315:7; Ateres Chachamim of Rav Baruch Taam 6 leaves this matter in question; See Piskeiy Teshuvos 315:7 footnote 72

[152] The reason: As some Poskim hold that one may add Tosefes Ohel even if the Ohel was set up on Shabbos, as stated in previous footnote, and perhaps in this case everyone would agree [according to the lenient opinion] that it is allowed being that it is considered similar to a door of a vessel which is allowed to be opened and closed on Shabbos when attached in a permitted way.

[153] Sources above in condition A; M”B 315:12; Piskeiy Teshuvos 315:9

[154] See Admur 315:2; Michaber 315:2; Ritva

Other opinions: Some Poskim rule that even though one may not open the rolled area of an Ohel on Shabbos, if it was not pre-opened to a Tefach’s length before Shabbos, nevertheless, one may add to it another material of hovering. [Chazon Ish 52:8; Or Letziyon 2:28-2; Piskeiy Teshuvos 315 footnote 78; See Ketzos Hashulchan 120 footnote 8] Accordingly, one may place the plastic stroller cover over the hood even if it remained rolled up into Shabbos, even according to those who prohibit opening the stroller hood on Shabbos. [Or Letziyon ibid; Piskeiy Teshuvos 315 footnote 98]

[155] Background regarding if doing so is similar to making a tent and should hence be forbidden due to the tent prohibition: The Poskim rule that it is forbidden to make a tent on Shabbos for protection purposes by placing the material over a surface and having the material then dangle from the two sides, hence making a tent in between. [Admur 315:15-18; Michaber 315:8; Shabbos 138] Accordingly, it should remain forbidden to ever place a rain covering over a stroller, as by doing so one is making a tent. [See Piskeiy Teshuvos 315 footnote 99 who implies that indeed if the plastic covering will form a slant of one Tefach within three Tefachim, then it is forbidden] However, in truth, since the open hood of a stroller is recognizably there for protection purposes, therefore, adding the plastic material and having it form walls like a tent is simply like adding a temporary hovering to an already established Tefach hovering which is allowed, and hence we don’t care if the material now forms a Tefach hovering. [See Tosefes Shabbos 315:18 “Before Shabbos the tent needs to have a Tefach opened before Shabbos”; Kaf Hachaim 315:61; Piskeiy Teshuvos 315:8]

[156] Piskeiy Teshuvos 315 footnote 99

[157] See Piskeiy Teshuvos 315 footnote 97

[158] See however other opinions in previous footnote.

[159] Rav SZ”A in SSH”K 24 footnote 48; Beir Moshe 6:97; Rav Y.Y. Fisher in Meor Hashabbos 4:7; See Meshivas Nafesh 1:7-4; Piskeiy Teshuvos ibid

[160] The reason: As this is similar to adding a hovering to an already made roofing of one Tefach, and what difference does it make if the Tefach was opened on Shabbos or before Shabbos, so long as it was opened prior to adding to it. However, it is forbidden according to all [excluding the other opinions in previous footnotes] to add the plastic cover to the stroller prior to opening up the hood of the stroller to at least one Tefach.

[161] Sheivet Halevy 3:54 based on Chazon Ish 52:8; Az Nidbaru 1:79-136;

[162] The reason: As the allowance to add to an already made roofing of one Tefach, only applies if it was set up before Shabbos. [Chazon Ish ibid]

[163] Piskeiy Teshuvos 315 footnote 99 as there is no prohibition to make a Mechitza for protection purposes; See previous footnotes regarding why doing so does not pose a tent making prohibition

[164] Piskeiy Teshuvos 315 footnote 22 [old] footnote 99 [new], as a moveable tent is still called a tent. Se also Piskeiy Teshuvos 315:2 and Maor Hashabbos 4 in letters of Rav Y.Y. Fisher

[165] As one can argue that a tent is not considered a tent unless it was recognizably spread open for protection purposes, as otherwise, it should be permitted according to all to wear a baseball cap for sun protection being that it was already a tent from before Shabbos. So is also proven from the ruling in Poskim that a one by one Tefach item may not be used as a hovering for protection on Shabbos even it maintained this size from before Shabbos, as its intended use for protection was never made recognizable before Shabbos. [See Taz 215:3; M”B 315:16; Ben Ish Chaiy Shemos 2:1; Kaf Hachaim 315:27; Chazon Ish 52:8; Ketzos Hashulchan 120 footnote 8] Accordingly, perhaps having the hovering over the floor is not a recognizable hovering for protection, and hence may not be used on Shabbos.

[166] Piskeiy Teshuvos 315:6 [old] 315:9 [new] footnote 95

[167] Az Nidbaru 11:23; SSH”K 24:13; Chut Hashanai 36:10

[168] Piskeiy Teshuvos 315 footnote 95

[169] Beir Moshe 6:108

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