To purchase this Sefer, click here
2. Making a roofing for non protection purposes:
A. If there are no walls under the roofing item:[1]
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. [This applies even if one has use for the space under it.[2]]
Setting up a strainer with dregs: See Examples!
B. If there are walls/boards under the roofing item:
Definition of legs versus walls: A wall is defined as a board that reaches until the ground.[3] Practically, we are stringent to consider it a wall even if it reaches within three Tefach to the ground.[4] [It is considered a wall even if it does not reach a height of ten Tefach.[5]] If the Ohel hovering contains at least two of these types of walls, it is considered a walled hovering, and follows the laws explained in C. If, however, the hovering contains only one such wall, and is thus supported by legs in the other directions, then it is not considered a walled hovering and follows the laws explained above.[6]
Placing or removing a covering from walls which were set up from before Shabbos, such as a typical vessel: See D below.
Setting up walls on Shabbos and then placing a hovering over it:[7] If one also places temporary walls under this roof [even if it only has two legs which are boards parallel to each other[8]], 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.
The above restriction only applies if one has a use for the space being formed:[9] When setting up barrels on top of each other, one [barrel] being placed on top of two,…. then he may not set up the lower barrels first and then place the upper one on them because the space that is created between [the two lower barrels] is similar to a tent which has two walls and a roof. Therefore, it must be made in an irregular way from above to below. However, it is permitted to stand two books parallel to each other and place a book over them even though that this forms a handbreadths worth of space under them, as since one has no use for the space between them it is thus not at all similar to a tent which has its space used. However, by [setting up] barrels [it is forbidden, because] one requires the space between the two barrels in order so the barrels not mold, as it is for this reason that he set them up in this way [that one barrel stands on two as opposed to on one]. Similarly by a bed [as will be explained in the examples], even if it only has two [legs which are] boards parallel to each other, [since] one has use for the space between them [such as] to use it to store ones footwear and the like, and it goes without saying if it has four [legs made of] boards like a box in which one can conceal his items just like in a box, [therefore one may not place the board on them regularly].
The above restriction only applies if the roofing was not attached to the walls from before Shabbos:[10] Any temporary tent which one has no intention into making into a tent[11] [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.
The reason for this is: because it is not similar to making a tent since one is not doing anything as the roofing was already set up and prepared together with the walls from before Shabbos and it is just that one unfolds it on Shabbos and sits on it.
The law if the walls are meant to serve as an Ohel for protection: See Halacha 3D that if the Mechitzos/walls are there as part of an Ohel of protection then placing a hovering under [or over] the walls even not for protection is forbidden. [Thus, if one placed Mechitzos to block the sun then one may not place a sheet over the Mechitzos even for non-protection purposes.]
|
Attaching the hovering board to the legs:[12] In all cases that it is permitted to set up an Ohel on Shabbos, this is provided that one will not attach the Ohel hovering to its legs or walls, and will rather simply rest the Ohel hovering on the legs. In the event that one will attach the hovering to the legs or walls, then this may transgress the building prohibition, as discussed in chapters 313-314. |
C. Examples:
- Placing a board, sheet or mattress on top of a bed frame:
Bed with walls/boards:[13] A bed [made in the following manner] that its legs are made out of boards which are attached [to each other] like the walls of a box and on them one spreads [a mattress, such as] leather or places on them a board from on top to sleep on, then one may not first set up the legs and then place the hide or the board on them in the way that is done during the week, because this is similar to making a tent. Rather one is to first grasp the hide or the board in the air and afterwards places the legs underneath it, as this is not similar to making a tent being that it is not common to build [starting] from top to bottom. [This law applies even if the walls of the bed were set up before Shabbos, nevertheless one must set it up with the mattress in the above order.[14]]
A bed of only two wall legs:[15] Similarly by a bed, even if it only has two [legs which are] boards parallel to each other, [one may not place the board on them regularly]. [This is very common today by beds which have a headboard and a backboard that reach within three Tefach to the ground.[16] It certainly applies by beds that are formed like a box, in which case they have all four walls reaching the ground[17], or within three Tefach of the ground.[18]]
The reason for why an irregularity is needed is:[19] [since] one has use for the space between the [two boards, such as] to use it to store ones footwear and the like, and it goes without saying if it has four [legs made of] boards like a box in which one can conceal his items just like in a box, [therefore one may not place the board on them regularly].
If the top of the bed is barred with rope:[20] If this bed [with walled legs] does not have placed on it leather or boards but is rather barred with ropes from above, then if there are three handbreadths between each rope, in which case we do not consider the ropes to be all attached, then it is forbidden to initially spread a sheet over it on Shabbos or place a pillow or blanket on it being that this is similar to making a tent. Similarly, it is forbidden to remove the lower cloth that is on it being that this is similar to destroying a tent. [However, it is permitted to have one person spread the sheet and another move the bed under the sheet, thus having the roof set up before the walled legs.[21]]
If the top was partially covered from before Shabbos:[22] [However] if it had a pillow or blanket or clothing spread on it from before Shabbos the amount of a handbreadth, then it is permitted to spread [it] on Shabbos over the entire bed being that doing so is simply adding to a temporary tent.
Beds with regular legs:[23] All the above [restrictions] only apply to the type of bed that has walls, meaning that its legs are like the walls of a box, even if it does not have four walls but rather only two which are parallel to each other. However, by our beds which their legs are not given the status of walls, it is permitted to initially set up [the legs] and afterwards place a beam on them. [Similarly] if it is [a bed that is] barred with ropes then it is allowed to initially spread a sheet over them on Shabbos even if there are three handbreadths between each rope.
The reason:[24] This does not involve [the prohibition of] making a tent because such a form of temporary tent which one has no intent in making a tent out of, the Sages did not prohibit unless it has walls under it which reach the ground, as then it is similar to a tent.
If the walls of the bed are within three handbreadths of the ground:[25] Regarding if the walls [of the bed] reach within three handbreadths of the ground, this will be explained in chapter 502 [in Magen Avraham Halacha 9].[26]
|
Summary-May one place a mattress over his bed on Shabbos?[27] Yes. However, if the bed has two “leg walls” which reach three Tefachim to the ground then it may only be done if there is a board lying in the area the mattress is to be placed on, or its surface is lined with metal or wood panels or springs which are within three handbreadths of each other.[28] Otherwise one must first place the mattress over the area and then move the bed under it. [29]
Practical Q&A May one open or close a folding bed on Shabbos?[30] Yes.[31] If, however, the bed does not contain a mattress or board, and does not contain panels within three Tefach from each other, then one may only set it up in the opposite order as explained above.[32]
May one open or close the top of a bed which contains storage underneath?[33] Yes.[34] |
- Setting up barrels:[35]
When setting up barrels on top of each other, one [barrel] being placed on top of two, he is to hold in his hand the upper [barrel] and set up the lower ones under it. However, he may not set up the lower barrels first and then place the upper one on them because the space that is created between [the two lower barrels] is similar to a tent which has two walls and a roof. Therefore, it must be made in an irregular way from above to below.
The Reason for this is because:[36] by [setting up] barrels one requires the space between the two barrels in order so the barrels not mold, as it is for this reason that he set them up in this way [that one barrel stands on two as opposed to on one].
- Setting up books:[37]
It is permitted to stand two books parallel to each other and place a book over them even though that this forms a handbreadths worth of space under them,
The Reason for this is: since one has no use for the space between them it is thus not at all similar to a tent which has its space used.
Placing a Sefer that one is learning from on top of another Sefer:
Some Poskim[38] rule one may not move a Sefer and use it as support to lean on it another Sefer that one is learning from.[39] This prohibition applies even if there is a Sefer already sitting on the table, nevertheless one may not move it in order to use it as a support. However, if one does not move the Sefer from its place then it is permitted to rest another Sefer on it as support. As well, the above prohibition of moving a Sefer to use as a support only applies if one does not plan to also learn from the lower Sefer. If, however, one plans to also learn from the lower Sefer during this learning session then it may be brought to the table and be used to elevate the current Sefer that he is learning from.[40] Other Poskim[41] however rule it is permitted to place a Sefer as support under a Sefer that one is learning. Vetzaruch Iyun on the opinion of Admur based on above.
- Setting up a table on its walled legs:[42]
If one does not need the space [formed under an item] then it is not at all similar to making a tent, and it is thus permitted to set up the upper [item] over the lower [item which is the legs]. It is therefore permitted to set up the plank of a table on its legs despite it having walled legs which reach the ground from all four sides being that one does not need the space that is between them. [In the event however that one does use the space created under the table, then one would only be allowed to set it up in the opposite way, and even if the walled legs of the table was already set up before Shabbos one may only place the table on its walled legs in the opposite order, if the table hovers over the size of a barrel.[43]]
|
Practical Q&A May one open or close a folding table or folding chair on Shabbos?[44] Yes. Background and details of ruling: It is forbidden on Shabbos to create a roofing or hovering due to the Ohel prohibition.[45] Nevertheless, the extremity of this prohibition is only in a case that the intent of the hovering is to protect a person from a certain matter, such as to protect from rain or from the sun and light, and the like.[46] If, however, the intent of the hovering is not to give protection for people under it, then it may be made on Shabbos under certain conditions, such as if it was pre-attached to its legs/walls before Shabbos, or does not have any walls under it, or is made with an irregularity.[47] Practically, due to these reasons, it is permitted on Shabbos to open and close a folding chair and folding table without restriction, and doing so does not pose a prohibition of Ohel, or any other prohibition.[48] This applies to all forms of folding tables and chairs, even if they form a wall [i.e. box] under them.[49] If the table/chair surface is not attached to its legs:[50] In the event that the table surface is not attached to the leg frame, and one needs to open the legs and then rest the table on it, then the following is the law: It is permitted to be done on Shabbos without restriction so long as the legs do not form into walls, and one does not actually attach the table surface to the frame using sockets and the like, but simply rests it upon the frame.[51] The same applies if the cushion area of a chair came off, it is nevertheless permitted to rest it onto the leg frame so long as one does not fasten it to the frame.[52] In all these cases, one may likewise remove the table and cushion from the leg frame so long as it is not firmly attached.
May one add an extension to one’s table on Shabbos?[53] Yes. It may be inserted even into its sockets which are found in the table for this purpose.[54] |
- A folding chair:[55]
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. [This applies even if one has use for the space under it.[56]]
The reason for this is: As 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. The reason for this is because it is not similar to making a tent since one is not doing anything as the roofing was already set up and prepared together with the walls from before Shabbos and it’s just that one unfolds it on Shabbos and sits on it.
- Setting up a canopy:[57]
For the above-mentioned reason[58], it is allowed to set up a canopy [that from before Shabbos was already attached to its poles[59]] and to close it up [even if it contains walls[60]].
|
Practical Q&A May one undo a wedding canopy that was left open from before Shabbos? Yes[61], unless the canopy is meant to be a permanent structure and remains there on permanent basis. |
- Opening and closing a shelf: [62]
Similarly [for the above-mentioned reason, it is allowed to open and close] a shelf which is attached to the wall[63] which has books placed on it even if it has walls under it.
|
Practical Q&A May one insert/remove a drawer into/from a desk or table?[64] The question involved in doing so is that in the process one forms a hovering over the space in the drawer. The following is the ruling: Some Poskim[65] rule that it is forbidden to do so if the space in the drawer is one handbreadth deep, being that one is making a roofing through doing so. Other Poskim[66] however rule that it is permitted, as the drawer is a recognizable insert to the table, and is thus similar to the allowance to cover a barrel with a recognizable cover. As well there is no prohibition in placing walls under a roofing [as will be explained in Halacha 5]. According to Admur it is completely permitted due to the above-mentioned reasons.[67] If cabinet/table holds 40 Seah:[68] Seemingly in such a case it is forbidden to enter the drawer. [Vetzaruch Iyun why no mention of this is made in Poskim which deal with this question! From their lack of mention, it seems that it is allowed in all cases in their opinion.]
May one place a shelf on a bookcase? Yes[69], one may do so if it does not involve actually attaching the shelf to the walls of the bookcase, and he is simply resting the shelf on the hooks that protrude. |
- Setting up a strainer:[70]
A strainer that has dregs in it: A strainer which is hung to hold the dregs to filter it [from liquids such as wine], in which one stretches its borders to all sides, this is considered like making a tent and is thus forbidden to move it and stretch it if it was hung with the dregs from before Shabbos.
The reason:[71] Now even though that making a roofing without walls [under it] does not have the tent prohibition [when done without intent to form a tent, as explained in Halacha 9], nevertheless here it was prohibited in order so one not do so in the same way that he does during the week, as this is a belittlement of Shabbos.
Setting it up to place fruits on it or filter clean water: However, it is permitted to move it and stretch it in order to place fruits on it or other matters, or even in order to filter with it clear wine and water, which is permitted to filter on Shabbos and does not contain any belittlement of Shabbos at all.
- Examples which relate to setting up fireplaces on Yom Tov:[72]
Setting up a bon fire in a way that one does not transgress the Ohel prohibition: It is the common practice when making a large bon fire to make four rows of wood [each corresponding] to the four directions, similar to the four walls of a box, and they then place on the [walls of wood] wood above and it is similar to [making] a tent [which is forbidden]. Therefore, one who desires to make [such a bonfire setup] on Yom Tov is not to first make the walls and then make over them the roof being that this is the way of building, and even a temporary building is forbidden on Yom Tov. Rather one person is to hold up in his hands in the air the upper woods which are to be used for the roof and then arrange the walls under them in order to change from the normal way done during the week.
Setting up a table in a way that one does not transgress the Ohel Prohibition: Similarly, if one is setting up a wood like roof over two stones which are made like a wall, then he is to hold the wood with his hands in the air and afterwards arrange the stones under it [in order so he not make a temporary tent without an irregularity].
Setting up a pot in a way that one will not transgress the Ohel prohibition: Similarly, one who places a pot over two stones is to hold the pot with his hands in the air and afterwards arrange the stones under it in order so he not make a temporary tent without an irregularity.
Roasting eggs in a way that one will not transgress the Ohel prohibitions: Similarly, when one is roasting eggs [in their shell] and places one egg over two eggs and the fire is between the two eggs, then he is to hold the upper [egg] in his hand and place the lower [eggs] under it.
If one does not need the space under the bottom items:[73] However the above only applies when one places fire between the lower [items] as in such a case one requires the space between them, and it is thus similar to a tent of which too he needs the space that is under it. However, if he does not need the space that is between them then it is not at all similar to making a tent, and it is thus permitted to set up the upper [item] over the lower [items].
|
It is permitted to initially set up a roofing when one has no intention to place it there for protection in the following cases: A. Temporary: In all cases it is forbidden to make a permanent hovering even if one does not intend on doing so for protection purposes. The below allowances only apply when one does so temporarily. And B. It has less than two walls that reach the ground: If there aren’t two walls under the roofing then it may be set up in any which way.[74] Or C. If it has two walls or more that reach the ground, then it is permitted if any of the following apply:
Examples: It is permitted to: 1. Unfold a folding chair or table. 2. Fold or unfold a wedding canopy that was attached to its poles before Shabbos 3. To place a table on its legs even if the legs are not formed as walls. 4. Place a book horizontally over two books which are standing. 5. Open and close a shelf which is attached to the wall |
D. Making a roofing on walls which were set up from before Shabbos-Such as placing and removing the cover of a vessel:[79]
- Items with a hole less wide than the size of the top of a barrel:[80]
It is permitted to place a pot on the mouth of a Kira oven on Shabbos, as explained in chapter 253 [Halacha 14], and this carries no “Tent” prohibition in [roofing] the space [within] the Kira due to that the walls of the Kira were made and set up already from before Shabbos [and thus is permitted because] the [Sages] did not prohibit making a temporary tent when it is done without intention to form a tent with exception to when one places walls below it on Shabbos as explained above. However, this only applies to a pot placed on [the mouth of] a Kira [and the like which is small], however the [law by the] mouth of a barrel that existed back which was a lot wider than the mouth of the Kira will be explained next.
- Items with a hole as wide as the top of a barrel:
First Opinion:[81]
A cloth which is spread on the mouth of a barrel in order to cover it should not be spread fully across its mouth as [doing so is making a] tent. Rather part of its mouth must be left uncovered.
If the barrel is full to the top: [However] this only applies if the barrel is not full to the top and is rather lacking [at least] a handbreadth [worth of liquid in] as in such a case when one spreads the cloth over its entire mouth it is similar to making a tent over the space of a handbreadth. However, if [it is full to the point that] it does not lack a handbreadth [worth of liquid] then it does not have the status of a tent, as any tent which does not have the space of a handbreadth [under it] is not considered a tent at all.
The reason why it is forbidden when not filled to the top:[82] However when it has the space of a handbreadth under it, then although the walls that surround this space, which are the walls of the barrel, were already set up from before Shabbos, and thus [one would think that] it should not be prohibited due to the tent [prohibition] [to spread a cover fully over it], just like it is permitted to place a pot on the mouth of a Kira oven on Shabbos [as explained above], …..nevertheless it is not similar to a pot placed on [the mouth of] a Kira because the mouth of the barrels that existed back then was a lot wider than the mouth of the Kira, and thus when one covers its mouth it is similar to making a tent even though that its walls have already been made from before Shabbos.
Removing the cloth covering from the barrel:[83] The same law applies [regarding removing the cloth from the barrel] that it is forbidden to remove [a cloth] covering which covers its entire mouth if it lacks a handbreadth [length] worth of liquid, because it is similar to destroying a tent.
The reason for why removing the cap of a barrel is nevertheless always allowed:[84] This [cloth covering] is not similar to the cap [of a barrel] which is permitted to remove and replace [on Shabbos] as explained in chapter 314 [Halacha 14] being that the cap is modified for this use and its modification reflects on it that it is designated for this use, [and] therefore it does not appear like a tent. However, when it is covered with a cloth then even if the cloth is designated for this [use], nevertheless [since] it has no modification which displays that it is designated for this [therefore it is similar to a tent].
The law by the covers of other vessels: This law applies as well for the cover of [all] other vessels which are very wide to the point of the wideness of the mouth of the barrels of those days.
Second Opinion:[85]
There are opinions[86] which say that the above was never prohibited by a barrel and the like but rather by a tub and the like which are much too wide.
The Final Ruling: [87]
One is to be stringent like the first opinion, although those who are lenient like the latter opinion are not to be rebuked being that there are opinions[88] which say that the covering of vessels does not involve [the] tent [prohibition] at all even by vessels which are very wide.
|
Summary: It is only a problem to completely cover a vessel or remove its covering which completely covers it if: A. The vessel has an opening the size of a wide barrel. And B. The cover is a material which is not self-evident that it has been designated for covering with, such as a cloth. And C. The vessel has at least a handbreadth worth of empty space below the cover. [Meaning that it is not filled beyond there.] It is never prohibited to cover a vessel only partially, or to remove the cover of a vessel which is not fully covered.
If the walls of the hovering were set up before Shabbos, may one place the hovering onto its walls on Shabbos?[89] Hovering covers area that is less than the size of a barrel: It is permitted to regularly place the beam on top of its walls if the walls were set up before Shabbos and the hovering does not cover the size of a barrel[90], as the Sages only required a change in the order of attachment in a case that also the walls are being made on Shabbos.[91] This applies even if the hovering contains four walls under it that were set up before Shabbos. This however only applies if the hovering is not meant for protection of items under it and is simply meant for placing things on top of the hovering. Hovering covers area that is more than the size of a barrel: One is not to cover the entire space. However, some are lenient. May one move the walls to a different area and then place the hovering on top of it?[92] No. In the event that one desires to move the walls it follows the same law as one who sets up the walls on Shabbos, in which case a change of order must be done if one makes use of the space under the hovering, as explained above. This applies irrelevant to how large or small the space under the hovering will be.
May one move a vessel and then place a covering over it? Recognized vessel covering: Yes. Towel and the like:[93] One may do so if there isn’t a Tefach of empty space between the cover and the food. If there is a Tefach of space, he may only do so if he does not fully cover the vessel, or he first hovers the towel and then moves the vessel under it.
Q&A May one turn over a vessel, such as a pot, in order to cover a certain food?[94] Yes.[95] However some Poskim[96] question whether this is allowed if the vessel holds 40 Seah.
May one open or close a pool cover?[97] It is forbidden to completely close a pool with its cover, or undo its cover if it was completely covered, if there is a Tefach of space between the cover and the water.[98] If, however, it is clearly evident to all that the pool cover is modified for this use then it is allowed.
May one cover a garbage can or remove its cover on Shabbos? Yes.[99] This applies even if the can is very wide. This however only applies by the regular cover of the garbage can. If, however, one is using something else as a cover, which is not recognizably a garbage can cover such as a towel, then if the opening is as wide as a barrel one is not to cover it completely, or remove its covering completely.
May one open and close the cover of a Bench Shtender? Yes.[100] This applies even if the cover is not attached to hinges and even if it forms a Tefach space under it and is as wide as a barrel.
Practical Q&A May one open or close a folding chair, table, bed, stroller, and crib on Shabbos?[101] Yes.[102]
May one insert or remove a ceiling tile on Shabbos? Doing so is forbidden.[103]
May one leave keys under a ceiling tile [drop ceiling tile] by lifting the ceiling tile and placing it under? This matter requires further analysis. Vetzaruch Iyun also regarding Muktzah. Seemingly is Muktzah just like door, however Tzaruch Iyun as why a regular roof is not Muktzah?
|
_________________________________________
[1] Admur 315:9; Michaber 315:3 as explained in M”A 315:7; M”B 315:17
[2] So is clearly evident from Michaber 315:3; Admur ibid
Other opinions: See Biur Halacha 315:3 “Mitos” that there are Rishonim [Rashba] that rule that if one needs the air under the table, then it is considered an actual Ohel and is forbidden even without walls under it. This implies that they would rule that even if one does not need the space under it, if it has walls under, one must change from the normal way of setting it up. The Biur Halacha concludes that one should be initially stringent like their opinion unless it is a case of need.
[3] Admur 315:11; M”B 315:21
[4] M”A 502:9; M”B 315:21; see Admur in Kuntrus Achron 248:2
[5] Biur Halacha 3153 “Dapim Mechubarim”; and so is proven from Admur and all other Poskim who make no mention of such a condition, and so is proven from the fact that the only reason one may make a bridge using Sefarim is because one has no use for the space under and not because they do not reach ten Tefach. [ibid]
Other opinions: Some Poskim rule the Mechitzos must be 10 Tefach heigh to be defined as a wall. [Tosefes Shabbos brought in Biur Halacha ibid]
[6] Admur 315:11; Taz 315:4; M”B 315:22
[7] Admur 315:9; Michaber 315:3; M”B 315:19
[8] Admur 315:11; Taz 315:4; M”B 315:22
[9] Admur 315:12; Rama 315:7; M”B 315:17 “Some Poskim rule” however in 315:22 he plainly rules like their opinions.
Other opinions: See Biur Halacha 315:3 “Mitos” that there are Rishonim [Rashba] that rule that if one needs the air under the table, then it is considered an actual Ohel and is forbidden even without walls under it. This implies that they would rule that even if one does not need the space under it, if it has walls under, one must change from the normal way of setting it up. The Biur Halacha concludes that one should be initially stringent like their opinion unless it is a case of need.
[10] Admur 315:13
[11] Admur 315:13 and so rules: 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 even for the sake of Ohel. [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]
[12] M”B 315:23
[13] Admur 315:9; Michaber 315:3; Shabbos 138
[14] Even if the walls of the bed, were set up from before Shabbos, nevertheless this condition would need to be met being that the hole which the mattress is placed on bed is as large as a tub. So is implied from Michaber 315:4 and Admur 315:11, that they are referring to a bed that was already set up before Shabbos “However if it had a pillow or blanket or clothing spread on it from before Shabbos the amount of a handbreadth, then it is permitted to spread [it] on Shabbos over the entire bed being that doing so is simply adding to a temporary tent.”
Other opinions: Some Poskim rule that if the bed was set up before Shabbos, then there are no restrictions involved. [Shaar Hatziyon 315:31]
[15] Admur 315:11-12; Taz 315:4; M”B 315:22
[16] Biur Halacha 315:5 “Lechatchila”
[19] Admur 315:12; Taz ibid; Rashba 138a
[20] Admur 315:10; Michaber 315:4
[21] Biur Halacha 315 “Mitah”; Ketzos Hashulchan 120 footnote 13. Vetzaruch Iyun why this option was not mentioned by Admur.
[22] Admur 315:10; Michaber 315:4
[23] Admur 315:11; Michaber 315:3; Taz 315:4;
[24] Admur 315:11; Taz ibid; M”B 315:17 and 20
[25] Admur 315:11
[26] There the Magen Avraham 502:9brings that the Beis Yosef and Rama [in Yorah Deah 371:4] rule that we do not say the concept of “levud” for a stringency. However, the Magen Avraham himself questions this ruling and concludes that one should be stringent. So rules also M”B 315:21; see Admur in Kuntrus Achron 248:2 that sides like the M”A ibid to be stringent
[27] See above 3C, and Piskeiy Teshuvos 315:7
[28] Even if the walls of the bed, were set up from before Shabbos, nevertheless this condition would need to be met being that the hole which the mattress is placed on bed is as large as a tub.
Vetzaruch Iyun why in Piskeiy Teshuvos he depends the allowance of placing a mattress on the fact that its boards are within 3 handbreadths of each other when in truth this is only need by walled legs.
[29] Biur Halacha 315 “Mitah”; Ketzos Hashulchan 120 footnote 13. Vetzaruch Iyun why this option was not mentioned by Admur or Michaber
[30] Biur Halacha 315:5 “Kisei” and “Lechatchila”; Piskeiy Teshuvos 315:7
[31] Pashut, as explained in Halacha 3C in the example of folding chairs.
[32] Biur Halacha 315:5 “Lechatchila”
[34] As the board is connected to the walls of the bed and is hence similar to the allowance of opening a folding chair.
[35] Admur 315:12; Michaber 315:6
[36] Admur ibid; Taz 315:5; M”B 315:29
[37] Admur 315:12; Michaber 315:7; Rashba Beitza 33a
[38] Taz Yoreh Deah 282:13; Orach Chaim 315:6; Aruch Hashulchan 282:23; brought in M”B 315:30
[39] The reason: Doing so is belittling to the Sefer, as one is using it like a piece of wood or stone, to support a Sefer. [ibid]
[40] Taz ibid
[41] M”A 254:14; Chayeh Adam 31:48; M”B 154:31 and 315:30
[42] Admur 502:6 based on Rama 502:1; brought in M”B 315:22; See however Admur 315:9 “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.”
Other opinions: Some Poskim rule it is forbidden to set up a table with walls in the regular method, being one does use the air that is created under the table. [Implication of Michaber 315:3; Taz 315:4; P”M 315 M”Z 4; M”B 315:22]
[43] See M”B 315:48 that states this law regarding setting up a table on a barrel, and the same should apply here; However see M”B 315:22 that says in such a case it is permitted to set it up regularly. Vetzaruch Iyun.
[44] Piskeiy Teshuvos 315:7; Biur Halacha 315:5 “Kisei” regarding a folding bed
[45] Admur 315:1; Michaber 315:1; Shabbos 125b
[46] Admur ibid “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.”
[47] 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
[48] 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
The reason: The reason for this is because it is not similar to making a tent, as one is not doing anything, as the roofing was already set up and prepared together with the walls from before Shabbos and it’s just that one unfolds it on Shabbos and sits on it. [Admur ibid; M”A 315:8] Furthermore, typical folding chairs and tables do not contain actual walls under their roofing and hence are permitted to be set up on Shabbos, even if they are not reattached
[49] See Admur ibid in previous footnote
[50] See Admur 315:9 brought in previous footnotes that if there are no walls under the table, there is no Ohel prohibition to place the table surface onto it; Piskeiy Teshuvos 315:11
[51] This is due to the prohibition of Tikkun Keli.
[52] Piskeiy Teshuvos 315:11
[53] Piskeiy Teshuvos 315:7; SSH”K 24:23
[54] Does this apply even if one plans to leave the attachment in for a long time, or only if he plans to remove it after Shabbos? May it be inserted strongly into its sockets? May one close a clamp over it?
Seemingly if it is only meant to be left there over Shabbos and then removed it is permitted even if it gets strongly attached. However perhaps we say that this allowance only applies by attachments that are not common at all to last even temporarily however attachments which are common to be left attached temporarily and it’s just that the owner does not plan to do so, then perhaps the allowance does not apply.
[55] Admur 315:13; Michaber 315:5; Shabbos 138a
[56] So is clearly evident from Admur 315:9 and 13 [regarding a canopy] and Michaber 315:3; Piskeiy Teshuvos 315:11
Other opinions: See Biur Halacha 315:3 “Mitos” that there are Rishonim [Rashba] that rule that if one needs the air under the table, then it is considered an actual Ohel and is forbidden even without walls under it. This implies that they would rule that even if one does not need the space under it, if it has walls under, one must change from the normal way of setting it up. The Biur Halacha concludes that one should be initially stringent like their opinion unless it is a case of need. Menoras Hamaor 315:14 leaves this matter with a tzaruch Iyun; See Noda Beyehuda Tinyana 30; Piskeiy Teshuvos 315 footnote 129]
[57] Admur 315:13; M”A 315:8 ; M”B 315:27
[58] The novelty of this ruling: Vetzaruch Iyun as to the novelty of this ruling of the Poskim ibid. Some Poskim indeed understand the M”A ibid to rule that one may open a Chuppah even for protection purposes if it was attached before Shabbos, and that this is the novelty of the ruling. [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 [however see Biur Halacha 315:8 “Tefach”]; Chazon Ish 52:6; Bris Olam 14; Shraga Hameir 3:37; Beir Moshe 6:87 based on Chazon Ish ibid; SSH”K 24:13; Ateres Moshe 1:87; Migdanos Eliyahu 2:78; Piskeiy Teshuvos ibid footnote 96 in name of many Milaktei Doreinu; See Piskeiy Teshuvos 315 footnote 135.] However, other Poskim understand the 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; Ketzos Hashulchan 120 footnote 8; Igros Moshe 4:105; Sheivet Halevy 3:54; Minchas Yitzchak 10:26] and so is the ruling of Admur, as in the beginning of the Halacha Admur emphasizes the Heter to be only if doing so not for protection, and hence the novelty of this ruling according to Admur is not understood, as if one is not doing so for protection, then why should it be forbidden to set up even initially on Shabbos, even if not attached before Shabbos, as it contains no walls. However, one can say that this case refers to a canopy that contains walls. An example of the above would be a wedding canopy that was set up before Shabbos and was not removed, may it be taken down. [Conclusion of Tehila Ledavid 315:8 after above analysis]
[59] Shaareiy Tziyon 315:34 and so is implied from Admur
[60] Tehila Ledavid 315:8; See previous footnotes
[61] As it is not made for protection and is thus not considered an Ohel.
[62] Admur 315:13; M”A 315:8; M”B 315:27
[63] Meaning that one does not remove it from the wall but simply lifts it up or down, similar to the top of a chest which opens from its hinges.
[64] Piskeiy Teshuvah 315:9
[65] Chayeh Adam brought in M”B 315:48. The M”B himself suspects for this opinion although brings that one who is lenient is not to be protested as they have upon whom to rely. SSH”K 24:24 rules like the stringent opinion.
[66] Ketzos Hashulchan 120 footnote 21; Kitzur Shulchan Aruch brought in Shaar Hatziyon 315:56
[67] Ketzos Hashulchan ibid
[68] See Chazon Ish 52:14; Shulchan Shlomo 315 that discuss the issue of Tikkun Keli with drawers but make no mention of 40 Seah
[69] The reason: As the Mechitzos were already standing before Shabbos. Furthermore, even if the space created is as wide as a barrel, seemingly it is permitted being that it is recognizable as belonging to the bookcase, similar to the allowance of a drawer.
[70] Admur 315:14; Michaber 315:9; Mishneh Shabbos 137b
Is there a prohibition of Ohel in covering a vessel with a strainer on Shabbos? No. [See Admur Admur 315:19-20; Piskeiy Teshuvos ibid footnote 274] Now, although Admur 315:14 and Michaber 315:9 rules it is forbidden to set up a strainer on Shabbos due to the Ohel prohibition, this only applies to a strainer that contains wine dregs inside of it, being that it is forbidden to strain it on Shabbos, and hence one who sets it up on Shabbos is doing a mundane act and belittling Shabbos. However, if the strainer does not contain wine dregs, then it is permitted to set it up on Shabbos [Admur 315:14; M”A 319:18] even over a vessel, so long as it is not the size of a barrel. [Admur 315:19]. See however Taz 315:9 “It is forbidden due to the vessel under it.” who implies the prohibition would apply to ever placing it over a vessel due to Ohel. Vetzaruch Iyun
[71] Admur ibid; M”A 315:11; Rambam in 21:17
Other opinions: Some Poskim rule the entire prohibition of a strainer is due to Ohel. [Michaber ibid; Tur 315; Rashi on Gemera ibid] Hence there is never a prohibition to set up a strainer in the air, as it does not have any walls and is hence not prohibited due to Ohel. It is only forbidden when one attaches it to a vessel, and hence the vessel acts as its walls. [Taz 315:9; M”B 315:36]
[72] Admur 502:5; Michaber 502:1; Beitza 33a
[73] Admur 502:6; Rama 502:1
[74] Admur 315:9 and 11
[75] Admur 315:9
[76] Admur 315:13
[77] Halacha 12
[78] M”B 315:28; Halacha 19 Vetzaruch Iyun Gadol from the case of the bed.
[79] Admur 315:19; Michaber 314:13; Shabbos 139b
[80] Admur ibid; M”A 315:21; Tosafus Beitza 32b; M”B 315:48
[81] Admur ibid; Michaber ibid; Rashba; Ran; Rashi; Rambam 22:33; Many Rishonim as brought in M”B 315:49
[82] Admur ibid; M”A 315:21; Tosafus Beitza 32b; M”B 315:48
[83] Admur ibid; Taz 315:11
[84] Admur ibid; Taz 315:11
[85] Admur 315:20
[86] Tosafus; Rashi and Ran which mention a Gigis and not a barrel; Levush 315:13
[87] Admur 315:20
[88] Rashba in name of Raavad; Bach, brought in M”B 315:48-19
[89] based on Michaber 315:13 [that only prohibit covering a barrel, and not something of less
[90] Michaber
[91] Admur 315:19 “the [Sages] did not prohibit making a temporary tent when it is done without intention to form a tent with exception to when one places walls below it on Shabbos as explained above.”; M”A 315:21; M”B 315:17-18; 22; 48
[92] P”M 315 M”Z 11; M”B 315:22 and 48
[93] Based on P”M 315 M”Z 11; M”B 315:22 and 48
[94] Biur Halacha 315:5 “Kisei”
[95] As it is similar to a folding chair of which the walls and hovering are attached, and is hence permitted to be opened for non-Ohel purposes.
[96] P”M 315 A”A 8 brought in Biur Halacha ibid
[97] Based on 2D above.
[98] This is forbidden according to all as stated above in D.
[99] As the cover is designated and recognized for that purpose. This is unlike Nitei Gavriel Yom Tov 18:14 which states one must initially be careful in this matter.
[100] As it is a recognized cover and is attached through hinges and is hence similar to a folding chair.
[101] Piskeiy Teshuvos 315:7; Biur Halacha 315:5 “Kisei” regarding a folding bed
[102] Pashut, as explained in Halacha 3C in the example of folding chairs.
[103] As although ceiling tiles are placed for mere beauty rather than protection, nevertheless since they are placed to be there permanently, they are forbidden due to the building prohibition.
Leave A Comment?
You must be logged in to post a comment.