May one play building games such as Lego on Shabbos?

May one play building games such as Lego on Shabbos?

A. Introduction to the building prohibition relevant to assembling parts of a vessel together:

One who inserts the wood into the ax to serve as a handle is liable for the Biblical building prohibition. Similarly, anyone who inserts a vessel made of individual parts, whether one inserts it with nails or whether into a socket, to the point that they became unified [meaning sturdy], then this is an offshoot of [the] building [prohibition] and one is thus liable.[1] This, however, only applies if one strongly inserts the pieces, meaning that one strongly secured them together in a way that requires strength and professionalism, in which case it is considered a sturdy structure and one is [Biblically] liable for building.[2] Likewise, the Biblical prohibition it only applies if it was built to last a long time.[3] However, if it was not made to last a long time, then it is considered a temporary building and is [only] Rabbinically forbidden unless it is not made to last at all[4] [in which case it is even initially permitted to be done firmly, even not for a Shabbos necessity[5]] as will be explained [next].[6] [Thus] the covers of vessels which are made with incisions along their circumference, even though they are inserted onto the mouth of the vessel very strongly, this contains no prohibition, neither of destroying when removing [the cover] nor of building when placing it back on.[7] The reason for this is because the [inserted cover] is not meant to last at all but rather [is meant] to be constantly opened and closed also on Shabbos itself, and [the Sages] only prohibited building a temporary structure and destroying it if it was not made with intent to destroy it on Shabbos itself.[8]

B. The law of assembling Lego:[9]

Assembling structures which are not meant to last even temporarily: Some Poskim[10] rule that one may build Lego on Shabbos if it is commonly undone that day after it is built.[11] In such a case, one may even build ships and vessels and other items of the like.[12] However, other Poskim[13] rule that it is forbidden to play with Lego and other building games of the like which involve attaching pieces strongly together, due to the rabbinical building prohibition.[14] Practically, the main custom is to be lenient, especially regarding children [see below regarding adults]. Nonetheless, some Poskim[15] forbid using the Lego to build structures that contain a roofing and inner space if that inner space is used to house items inside [i.e. a house or castle], due to the Ohel prohibition. Likewise, some Poskim[16] forbid using the Lego to build any actual structure, such as a ship and the like, due to the writing and erasing prohibition. [Practically, the main opinion follows the lenient approach stated above.]

Assembling structures which are meant to last:[17] According to all opinions, Lego structures which are commonly left intact in their built state for many days are forbidden to be assembled on Shabbos. Thus, it is forbidden to build using Lego a big ship or castle which takes a long time to build and will remain in its built state for many days to savor in the accomplishment, and will not be destroyed immediately after it is built.

Adults [i.e. children above the age of bar mitzva] playing with Lego: It is not in the spirit of Shabbos for children above the age of bar mitzvah to use their time on Shabbos for playing Lego, and certainly this applies to adults.[18] Nonetheless, according to the lenient opinion above, it is not forbidden for them to do so even though it is not necessarily a Shabbos necessity.[19] [Thus, in a time of need one may be lenient to do so on Shabbos, such as if the teenagers have no other more useful activity to spend with their Shabbos and allowing them to play with it will prevent them from getting involved in forbidden activity.]

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[1] Admur 313:19; Michaber 313:6 and 9

[2] Admur 313:20; Michaber 313:6; M”A 313:11

[3] Admur 313:20; Yerushalmi 12:1; Rashi 47a

[4] This is based on the law by a cover of vessels explained next, and the opinions there.

^[5] The Ketzos Hashulchan 119 footnote 34 rules based on Admur 314:1 and other Poskim that destroying a Binyan Garua can only be done for a Shabbos need. Now although in this case it is a Binyan Gamur, as it is attached very strongly, nevertheless since it can easily be put back together, and so is its normal intended usage, therefore it is similar to ruling of the Ketzos Hashulchan in 119 footnote 18 that by Keli Shel Perakim that are loosely attached it is permitted to be done even if it is not a Shabbos need.

[6] Admur 313:20; Beitza 32; See Minchas Yitzchak 4:122

[7] Admur 313:21; M”A 313:12; Taz 313:7; M”B 313:45

[8] Admur 313:21; see also 314:19; Aruch Hashulchan 313:31; Minchas Yitzchak 4:122

Background: The Magen Avraham and Taz are the source of this ruling as they allow one to insert a cover tightly, and Admur deduced from here that it is permitted to do so in all cases that the attachment is not meant to last at all. So learns also the Aruch Hashulchan [313:31]

Other opinions: Some Poskim rule that only regarding the cover of a vessel was the above allowance given to attach it tightly when it is not meant to last at all, as it is a mere cover and is not part of the vessel. However, to attach two parts and create one vessel strongly was never allowed even if it is not meant to last at all. [Tehila Ledavid and Chazon Ish; The Tehila Ledavid ibid concludes with a Tzaruch Iyun based on Admur ibid. The Minchas Yitzchak 4:122 sides with Admur in this ruling.]

[9] See Piskeiy Teshuvos 313:4 [old] 10 [new]

[10] Beir Moshe 6:25; Tzitz Eliezer 13:30; Yabia Omer 7:39; SSH”K 16 footnote 59 in name of Rav SZ”A; Piskeiy Teshuvos 313:10

[11] The reason it does not contain the building prohibition: As the built structures are not meant to last at all, as they are assembled and disassembled constantly. As well, for a child it is considered a Shabbos need and thus fulfills all the conditions required by a not even temporary vessel.

[12] The reason that doing so does not contain a writing prohibition: Although the writing prohibition applies even against drawing pictures and there is a rabbinical prohibition against writing even a temporary letter or picture, nonetheless, in this case there is no prohibition involved as we find no precedent in the Poskim for stating that assembling items together on Shabbos touches upon the writing prohibition, and from the fact that all of the Poskim bring down the conditions which permit assembling items even though by doing so one clearly ends up making a figure, proves that there is no writing prohibition involved in doing so. Now, although the Makor Chaim [314:11] clearly states that children may not build a tower on Shabbos due to the writing prohibition, he himself states elsewhere [313] that one may assemble items together even if it ends up making a cup, or other figure such as a fruit, a person, an animal a bird, and the like. Now, although one must suggest that according to him one must differentiate and say that when the intent is simply to put together an item for a use there is no writing prohibition while when the intent is to build a figure intrinsically to have a figure than there is a writing prohibition, nonetheless, seemingly this is not agreed upon by all the other Poskim who omit any such restriction or discussion. Seemingly, the reason why there isn’t even a rabbinical prohibition of writing involved in putting together pieces to make a figure is because this is not considered similar to writing it all, as one would never come to transgress a biblical writing prohibition in doing so even if he did so to build a permanent vessel, and would only transgress a building prohibition, and therefore there is no reason to decree against putting together a temporary vessel due to a writing prohibition. In other words: although both when one draws a picture and builds an item he has depicted an item in his actions, they fall under different Shabbos categories with the former falling under a writing prohibition with all of its liens and stringencies and the latter falling under a building prohibition with all of its leniency’s and stringencies.

The reason that doing so does not contain an Ohel prohibition: As this prohibition only applies when making a hovering for the purpose of the protection of a human. Now, although we find a requirement to make an Ohel using a Shinuiy [first position the hovering and then slide the legs under it] even when it is being made not for the protection of human, nonetheless, this requirement only applies if one plans on making a use with the vacuum created under the hovering, while if there is no use for the vacuum under the hovering then no change is required. Thus, there is no ground and making various Lego figures even if it creates a vacuum of one Tefach inside being that the vacuum has no use. [See Admur 315:12] Furthermore, perhaps even if the vacuum does have a use, such as if one is building a castle or dollhouse to enter things into, perhaps this is not considered a real use. Vetzaruch Iyun. Whatever the case, at the very least it would be permitted to create it by building the roof and walls separately and then sliding the walls under the roof.

[13] Shalmei Yehuda 5:1 in name of Rav Elyashiv; Chut Hashani 68:1; See Piskeiy Teshuvos 313:10 footnote 108

[14] The reason: As they suspect that a rabbinical building prohibition applies even by items that are not meant to last at all when attaching the pieces strongly together, as rules the Chazon Ish and Tehila Ledavid ibid.

[15] Michzei Eliyahu 69, brought in Piskeiy Teshuvos 313:10 footnote 11; However, see what we wrote above the previous footnotes to negate his concerns

[16] Makor Chaim 314:11 “The meaningless buildings of children which is similar to a tower is to be protested against due to that which is written in chapter 340:4”; Michzei Eliyahu 69, brought in Piskeiy Teshuvos 313:10 footnote 11; Meorer Yesheinim 121 writes that it should not be done by adults due to that it appears like building; However, see what we wrote above the previous footnotes to negate his concerns SSH”K 16:20

[17] SSH”K 16:20; Piskeiy Teshuvos 313:10 footnote 109

[18] Beir Moshe 6:24; Or Letziyon 2:42-5; Meorer Yesheinim 121; Shulchan Shlomo 314 in name of Rav SZ”A; Piskeiy Teshuvos 313:10

^[19] The Ketzos Hashulchan 119 footnote 34 rules based on Admur 314:1 and other Poskim that destroying a Binyan Garua can only be done for a Shabbos need. Now although in this case it is a Binyan Gamur, as it is attached very strongly, nevertheless since it can easily be put back together, and so is its normal intended usage, therefore it is similar to ruling of the Ketzos Hashulchan in 119 footnote 18 that by Keli Shel Perakim that are loosely attached it is permitted to be done even if it is not a Shabbos need.