6. Setting up dividers [makeshift walls] on Shabbos:

A. The prohibition to make a permanent divider:[1]

All the below [to be mentioned allowances in putting up dividers] is only with regards to temporary dividers, however a permanent divider is [Biblically[2]] forbidden in any scenario even if one only does so for mere privacy. [Furthermore] even to add on to [an already existing divider or tent] a permanent addition is forbidden in all scenarios.

Placing up decorative sheets: Nevertheless, it is permitted to hang decorative sheets [on one’s wall, as well as separation curtains] even though that they [will be] permanently [placed there, as will be explained in D. See there!][3]

What is the definition of a permanent divider? It is implied from Admur[4] that a permanent divider is defined as any divider which is meant to remain in its place for a number of days. Vetzaruch Iyun!

 

B. Setting up a temporary divider for shade, privacy, to prevent cold and similar purposes:[5]

It is permitted to initially make temporary dividers on Shabbos.[6] [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 candles from extinguishing in the wind.[7] 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[8], 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.[9]

What is the law regarding a slanted divider is it viewed as a divider or as a tent? Such as to place a plank of wood leaning over a Tzedadin of the tree and sleep under the tree.

C. Setting up temporary dividers to separate domains and thus remove a prohibition:[10]

Setting up the wall for a Sukkah, for a Reshus Hayachid, or to permit marital relations: There is never a case that [making] a temporary divider would be forbidden with exception to if made in order to Halachically legalize the status of  a Sukkah as will be explained in chapter 630 [Halacha 12 in Michaber/Rama][11] or [when done] to permit carrying [an object in an otherwise public domain] in the way explained in chapter 362[12] [Halacha 13] or [when done] to remove other prohibitions [from being effective] such as for example one who places a divider the height of ten handbreadths [80 cm] in front of Torah books, [such as] by spreading out a sheet or mat, in order to be allowed to have marital relations in that room or in order to go to the bathroom there, then it is forbidden to make these dividers on Shabbos.[13]

The reason for this restriction is:[14] because in every situation that a divider permits [one to do something] [it is because] it divides that area into its own separate domain, such as [in the case that] it permits one to carry [in the surrounded area] it is because it turns that area into a private domain and separates it from the public domain or Karmalis which encompasses. Similarly, regarding a room with Torah books, [the dividers] divide [the room] into two domains [as] the holy books are [now] in one domain and his marital relations or bathroom use is [being done] in another domain. Thus, since one is making it in order to divide [that area] into its own separate domains, [therefore] this is considered like he is making a tent.     

Placing up dividers which separate domains in a case that one does not need to do so in order to remove the prohibition:[15] However, if one does not need [the dividers] to separate the [area] into its own domain then it is allowed to initially make it on Shabbos, even if it [consequently] removes a prohibition. For example one who positions a divider in front of a light in order so he be permitted to have marital relations, [then since] it is not necessary [here] to have separate domains [to permit intercourse] and rather as long as the separation extends above the light in a way that one cannot see the light from the area that he will have intercourse and as long that [the divider] is slightly thick to the point that the light cannot be well seen through the separation, then it is allowed to have intercourse even if [the divider] is not the height of ten handbreadths and thus does not separate [that area] at all into its own domain.[16] Furthermore, [one is allowed to have intercourse even] if [the separation] is not tied on well enough to the point that the wind will not be able to move it, as is required when making a separation in order to separate domains, such as [when having relations in the same room as] Holy Books as was explained in chapter 240 [Halacha 6 in Michaber/Rama]. [Therefore] since one does not need [the dividers] to make a separate domain it is permitted to make it even in a way that it separates the domain, as is the case when [the divider] is higher than ten handbreadths and is tied well. [If, however, one does need the dividers to create a separate domain in order to remove the prohibition, such as if the candlelight is visible above the divider, then it is forbidden to make it on Shabbos.[17]]

Scenario in which it is allowed to place a divider by the Torah books in one’s room:[18] The same applies with [making a separation in one’s room that contains] Torah Books, that if one hangs the separation across from all the Holy Books in a way that [the books] are not revealed at all[19], in which case one does not need to make [that area into] a separate domain if one has another cover over the Torah books aside from this separation, and thus even if this divider is not ten handbreadth high and is also not tied well and thus does not separate [the area of books into its own] domain at all, nevertheless [it is valid] as this [divider] is no worse than [having] a mere covering [over the books]. It is thus permitted for one to use the bathroom there or even have intercourse if there is another cover on the Torah Books besides for the divider, as there are here two covers [over the books] and it is like a vessel within a vessel. Therefore, it is allowed to place this divider on Shabbos even in a way that will separate [that area into its own] domain since one does not need it to separate the domains. It thus goes without saying that it is allowed to cover the Torah Books with two coverings of clothing being that there is no divider here at all.

D. Adding to an already existing divider:[20]

In all scenarios that it is forbidden to initially place a separation over the Torah Books and the like, it is nevertheless permitted to add to a separation that was placed before Shabbos: [Furthermore] even if the books are revealed from above the divider in which case the divider is not considered a covering, or [if it is but] there is no other covering on the books and one wants to have intercourse and thus needs the separation to be a height of ten handbreadths and be tied as Halachically required in order to make that area into a separate domain, and similarly in any scenario that one wants to make a separation in order to create a separate domain, then it is prohibited to initially do so on Shabbos. However, if it was [already] made from before Shabbos the measurement of a handbreadth then it is allowed to extend it on Shabbos being that adding to a temporary tent is permitted.[21]

[This applies] whether the handbreadth [of the divider] is from top to bottom, such as mats which are wrapped on a [horizontal] bar from before Shabbos and the amount of a handbreadth [of the mat] extends beneath it from before Shabbos, then it is permitted roll it all down on Shabbos and tie it as is Halachically required. [Similarly this also applies] whether this handbreadth [extends] from the side, such as if a divider from the side extended in front of the books the width of a handbreadth then it is allowed to hang sheets if front of [the books] on Shabbos being that the sheets are an addition to a temporary tent.[22] 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.

 

E. Hanging sheets and other items that move in the wind as a separation:

Placing up decorative sheets:[23] It is permitted to hang decorative sheets [on one’s wall] even though that they [will be] permanently [placed there] being that they are not meant to serve as separations. [This applies even if the sheet will be attached from all its sides and not move in the wind, and hence have a status of a Halachic divider, nevertheless it is permitted being that it is not serving as a divider.[24]]

Placing door curtains in doorways on Shabbos:[25] Door curtains which [are sheets that are] hung in front of a doorway in substitute for a door, then even though they hang there permanently it is allowed to hang it on Shabbos[26], as since it moves and swings with a common breeze and also does not prevent people from walking through it[27],  therefore it is not considered a permanent separation but rather a temporary separation and thus has no prohibition [in being made] when it is not made to remove [a prohibition].[28] For this reason the curtain [Paroches] which is in front of the Holy Ark is allowed to be hung there on Shabbos[29] even if the ark does not have a door and the curtain is thus a fourth divider for the ark, as [the curtain] is a temporary separation and is only made for modesty.[30]

Taking caution to not make a tent in the process:[31] [However the above is only allowed] as long as one is careful when he hangs the curtain and material of the like that it not be folded in a way that it extends a handbreadth towards its width[32] at the time that it is being hung, as [if this occurs then] it comes out that one has made a handbreadth of the roof of a tent.[33] [For this reason, some are careful not to hang a Paroches on Shabbos.[34]]

Hanging a large curtain:[35] Therefore if [one wants to hang] a large curtain it needs to be hung by two people so that it be able to be hung all at once in a way that it won’t fold [in the process], however for one [person to hang it alone] is forbidden. [As well] a canopy which has a roof extension sewn and hung around it like [material which surrounds] the rim [of an item], is forbidden to be hung at all on Shabbos, even with ten [people] being that it is impossible to avoid lifting up the rim a little and thus make a temporary tent.[36]

Summary: It is permitted to set up dividers on Shabbos even for purposes of protection and separation as long as: A. One is not doing so for permanent use, with exception to a) items hung up not for the sake of making separations, such as a sheet for wall decoration[37], and b) a curtain or sheet which is only attached by its top and thus swings in the wind[38]. These latter two items may be hung even for permanent use. [39] And B. It may not be a separation which has the Halachic definition of a division and thus divides the room into two domains, if through doing so it removes a prohibition that otherwise would be prohibited, such as placing a division of ten handbreadths in front of revealed Torah books that are in one’s room in order to allow marital relations.[40] If the division extended already a handbreadth from before Shabbos then it is permitted to add it even in such a situation, as long as it is not done for permanent use.[41] And C. The divider will not end up folding the width of a handbreadth over the floor upon setting it up and certainly not after it is set up. Thus, if the divider is a folding material like a sheet, then this precaution must be taken, and if needed must be set up by two people. Examples: One is allowed to place a temporary divider in the following cases if condition c) is fulfilled: 1. To use as a Mechitzah between men and women in a Shul.[42] 2. To protect one from the sun or rain.[43] 3. To conceal Torah books which already have one covering over them.[44] 4. To conceal a candle from being seen.[45] 5. For privacy purposes.[46] 6. A curtain which is only attached on its top and thus gets moved in the wind, such as a Paroches for the Aron, or a curtain for a window or doorway, may be put up even for permanent use, as long as condition c) above is fulfilled.[47] 7. To add to a handbreadth of an already existing divider in order to make a separate domain. It is forbidden to make even temporary dividers in the following cases: 1. To make a private domain in order to permit carrying an object. 2. In front of revealed Torah books, in order to be allowed to have marital relations in that room or in order to go to the bathroom there 3. In order to Halachically legalize the status of a Sukkah.[48] 4. A curtain or sheet that will inevitably fold a handbreadth upon being set up.[49] What is the definition of a divider that divides domains?[50] It is only considered a divider which has the power to split a domain into two if: 1. It has a height of ten handbreadths. And 2. Does not move in the wind. What is the definition of an already made divider?[51] That it extends a handbreadth from any direction, whether top or side, in front of the area that one wants to divide into a different domain.  May one spread a tablecloth over a table if it will drop down a handbreadth below the table?[52] Yes, as the tablecloth is not set up to serve as a roofing.   Q&A May one undo a Tefach hovering of curtain that was folded over a rod? This matter requires further analysis.   May one set up a temporary divider if it is usually meant to be left as a permanent divider?[53] No.                                     May one set up a divider for privacy reasons if it will later serve also to Halachically divide the room?[54] Yes.   May one undo a divider which served to Halachically divide the room?[55] If it is still serving a purpose in Halachically dividing the room[56] then it is forbidden to undo it. If it no longer is needed for this purpose then some Poskim[57] have left this matter in question, while others[58] have ruled that it is allowed. May one open a folded Mechitzah in order to make a Halachic division of a room, such as to enable marital relations?[59] If it was opened a handbreadth before Shabbos then it may be completely opened. If it was not, then even if when folded its width reaches a handbreadth, nevertheless it may not be opened.[60] However, if it is attached to a wall then it may be opened.[61] May one open or close a folding wall Mechitzah of a Shul?[62] Yes. May one close his bedroom closet door in order to permit marital relations [such as if it contains Sefarim]? Yes, it may be closed even if both doors were left open from before Shabbos, as it is similar to a divider attached to the wall which may be opened and closed. If a wall decoration or picture tilted out of the way may one straighten it on Shabbos? Seemingly doing so is permitted, as stated above regarding placing permanent tapestries. If on Shabbos or Yom Tov the walls blew off due to wind and invalidated the Sukkah, may it be replaced? No.[63] It is likewise forbidden to ask a gentile to do so on one’s behalf.[64] If however, three walls still remain standing and thus the Sukkah remains valid, then it is permitted to place the fourth wall on with an irregularity [due to Muktzah].

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[1] Admur 315:6; Beis Yosef 315; M”B 315:6 and 9

[2] Shar Hatziyon 315:6 in name of Peri Megadim

[3] The Chazon Ish however rules that it is never permitted to attach anything permanently due to the building prohibition. [Piskeiy Teshuvah 315:2]

[4] Admur 440:5 rules one cannot make a Mechitza Kavua in front of Chametz on Shabbos or Yom Tov. Now, the Mechitza is only needed until the end of Pesach. Hence, we see, that Kevius can be considered even if one needs it for only a few days. Vetzaruch Iyun!

[5] Admur 315:3; Michaber and Rama 315:1

[6] Admur ibid; Michaber ibid

[7] Admur ibid; Rama ibid; Mordechai

[8] Admur ibid; Rama ibid; Eiruvin 94a; Rashi 125b

[9] Admur ibid; Taz 315:1; Mordechai; M”B 315:5

[10] Admur 315:3; Michaber and Rama 315:1; Rabbeinu Tam Shabbos 125b

Other opinions: Some Rishonim rule that even such dividers are permitted to be made on Shabbos, and there are never any dividers that are forbidden. [Rashi, brought in Shaar Hatziyon 315:12]

[11] Thus, while one may not make the 3^rd wall of the Sukkah on Shabbos [Michaber 630:12] he may make a fourth wall. [Rama ibid; Rabbeinu Tam Tosafus Shabbos 125b]

^[12] These first two examples are brought in Admur in bid; Michaber ibid; In 365 it explains regarding carrying on Shabbos in a public property that one may not make dividers surrounding him in order to give the surrounded area a status of a Private domain and thus be allowed to carry there.

[13] Admur ibid; Rama ibid

[14] Admur ibid; M”A 315:3; Rabbeinu Tam ibid

[15] Admur ibid; M”A 315:3 in explanation of Rama 315:1; brought in M”B 315:10; M”A ibid in name of Rambam; Rokeiach; Rikanti and Rashi; Taz in 514:2 regarding Yom Tov that one may always make a Mechitza before a candle; Halachos Ketanos 2:206

Other Poskim: Some Poskim rule it is forbidden to create a Mechitza in front of a candle or Sefarim even if one does not need the Mechitza. [Implication of Rama ibid; Elya Raba; Mamar Mordechai; Chemed Moshe; brought in M”B 315:10] The M”B ibid concludes one may be lenient like Admur and the M”A ibid in a case of need.

^[16] As a divider only has the power to make a domain if it is 10 handbreadths tall and is sturdy enough to not be moved in the wind.

[17] M”A 315:3; M”B 315:10; Rama 315:1 forbids to make a Mechitza before a candle in order to permit Tashmish and the M”A ibid explains this to be the scenario of the prohibition. Vetzaruch Iyun why this clause is omitted by Admur despite the fact he brings the remainder of the ruling of the M”A ibid. Perhaps Admur is of the opinion of the Shlah [recorded in M”B ibid] that if the candle can be seen above the Mechitza, it is forbidden to have relations, and hence according to Admur making a Mechizta before a candle would never be needed as a legal partition, as if the candle can still be seen, it is not valid to permit relations, and if it cannot be seen, it is valid regardless of the creation of the separate domain. However according to the M”A ibid who rules [based on Rama 240:11] that one may have relations using a Tallis if there is a Mechitza, even if the candle is visible then the Mechizt’s new domain is Halachically valid and hence cannot be done on Shabbos. Vetzaruch Iyun!

Other opinions: It is implied from some Poskim/Rishonim [brought in M”A ibid and Shaar Hatziyon 315:12] that one may always make a Mechizta in front of a candle even in such a case.

[18] Admur 315:4; M”A 315:3 in explanation of Rama 315:1; brought in M”B 315:10

^[19] Meaning that although it does not actually touch the books it nevertheless it blocks one from seeing any of them.

[20] Admur 315:5; Rama 315:1; Mordechai 311

[21] Vetzaruch Iyun if it suffices to have an 8×8 centimeter cube on the floor to be allowed to extend to each direction.

[22] Admur ibid; M”A 315:3 as explained in Levushei Serud

[23] Admur 315:6; M”A 315:2; M”B 315:7

Other opinions: The Chazon Ish however rules that it is never permitted to attach anything permanently due to the building prohibition. [Piskeiy Teshuvah 315:2]

[24] Levushei Serud and Machatzis Hashekel on M”A ibid; M”B ibid

[25] Admur 315:7; Rama 315:1; Rebbe Chiya in Shabbos 138a

[26] Admur ibid; Rama ibid; Or Zarua

Other opinions: The Chazon Ish however rules that it is never permitted to attach anything permanently due to the building prohibition. [Piskeiy Teshuvah 315:2]

^[27] Lit. those that go and pass and return through that way

[28] Admur ibid; M”A 315:1; M”B 315:6

[29] Admur ibid; Rama ibid

[30] Admur ibid based on Rama and M”A 315:2; M”B 315:7

[31] Admur ibid; Rama ibid; Michaber 315:12; Rambam 22:32;

^[32] Meaning that it should not be put up in a way that the curtain will hover a handbreadths worth over the floor, as this is similar to making a tent.

^[33] The reason: Regarding the fact that this is Ohel not for protection purposes, which is permitted to make on Shabbos, one can explain that since one is intending to make the Mechitza it therefore gives also the Tefach a status of a Ohel. [M”A 315:18; Shaar Hatziyon 315:52; as explained Admur similarly in 315:18] It is thus unlike the allowance to open a folding chair, where one has no intent to make neither a Mechitza nor a hovering. Regarding why this should be prohibited even though one has no intention to do so, the Mishneh Berurah, in Shaar HaTziyon 315:53 explained it’s because it’s a Pesik Reisha, or alternatively because this ruling follows the opinion that even if one does not intend to do a prohibition it is forbidden. See there.

[34] M”A 315:19; M”B 315:45

[35] Admur ibid; Michaber ibid

^[36] Admur ibid; M”A 315:20; Levushei Serudi ibid; See Biur Halacha 315:12 “Kilah”

Seemingly the rim of the canopy inevitably folds upon lifting up the canopy and thus causes a roof to be made for that moment.

^[37] Admur 315:6

^[38] Admur 315:7

[39] So rules also Mishneh Berurah. The Chazon Ish however rules that it is never permitted to attach anything permanently due to the building prohibition. [Piskeiy Teshuvah 315:2]

^[40] Admur 315:3

^[41] Admur 315:5

^[42] Admur 315:3

^[43] Admur 315:3

^[44] Admur 315:4

^[45] Admur 315:3

^[46] Admur 315:3

^[47] Admur 315:7

^[48] Admur 315:3

^[49] Admur 315: 7

^[50] Admur 315:3

^[51] Admur 315:5

^[52] Admur 315:18

[53] SSH”K 24:27

[54] SSH”K 24:37; Piskeiy Teshuvos 315:3

[55] Piskeiy Teshuvos 315:3

[56] Such as he plans to have marital relations.

[57] Ketzos Hashulchan 120 footnote 27

[58] SSH”K 24:38

[59] Piskeiy Teshuvos 315:3

[60] M”B 315:11 in name of Chayeh Adam

[61] So rules SSH”K 24:35

[62] Piskeiy Teshuvos 315:3

[63] Admur 315:3 “There is never a case that [making] a temporary divider would be forbidden with exception to if made in order to Halachically legalize the status of a Sukkah as will be explained in chapter 630 [Halacha 12 in Michaber/Rama]”; Michaber and Rama 315:1; Rabbeinu Tam Shabbos 125b; Thus, while one may not make the 3^rd wall of the Sukkah on Shabbos [Michaber 630:12] he may make a fourth wall. [Rama ibid; Rabbeinu Tam Tosafus Shabbos 125b]

[64] Ateres Chachamim ibid; Nitei Gavriel ibid

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