Moving and destroying an oven

Moving and destroying an oven:[1]

A. The restriction:

A person should not destroy an oven which he used for baking in order to make use of the space that the oven was in. One who does not adhere to this enters himself into grave danger.[2] [Many are accustomed to being stringent in this warning, while others are not.[3] The Chabad Rabbeim were very stringent in this.[4] Practically, all those who are aware of this warning are to be careful in this, while those who are not aware, are protected by G-d.]

Being lenient in time of need: Some Poskim[5] rule that one may be lenient in a case of loss if one makes a new use of the space which contained the oven. Other Poskim[6] rule that one needs to receive a Heter from three Torah scholars in order to be lenient.

To whom does the danger apply: Some Poskim[7] rule that the worry applies only to the person who destroys the oven and not to the people who move into such a home that had its oven destroyed. Other Poskim[8], however, rule that the worry applies to both the person who destroyed the oven and to any people who move into the home afterwards. Practically, all those who are aware of this warning are to be careful in this, while those who are not aware, are protected by G-d.]

The type of oven that it applies to: This danger only applies to ovens used for baking and not to heating ovens or fireplaces.[9] Some Poskim[10] rule it only applies to ovens used for baking and not to ovens used for cooking. Some Poskim[11] rule that an oven which is no longer in use for cooking may be destroyed, and the warning only applies to an active cooking oven.

A portable oven:[12] Some Poskim[13] rule that the above warning only applies to an oven which has been attached to the wall or floor, and not to a portable oven, which may be moved without restriction. Other Poskim[14], however, rule that it applies even to a portable oven, and hence a portable oven may not be moved from one area to another.

If the oven was destroyed: If an oven was destroyed, then one should not make any use of that space.[15] Some Poskim[16], however, rule that one should only avoid sleeping in the area, while other uses may be done in the area.

Sealing the opening of an oven:[17] Just as it is forbidden to destroy an oven so too it is forbidden to seal the opening of an oven.

B. Cases of Exception and ways to circumvent the restriction:

Making a stipulation:[18] Some stipulate when they first build an oven in an area that they be allowed to move it whenever they desire, and this removes any danger from being involved in moving it.

Uprooting together with earth: Some Poskim[19] rule that if one uproots the oven together with some of the earth, then there is no longer any danger involved. Some rule that he is to uproot one Tefach worth of earth.[20] Others rule that he needs to uproot one Ama worth of earth. The earth must then be thrown in an area that people do not walk.[21]

For the sake of a Mitzvah: Some Poskim[22] rule that in all cases it is permitted to destroy an oven for the sake of building a public hall of Torah study. Other Poskim[23], however, negate this ruling and conclude that even when the intent for destroying the oven is to use the space for Torah learning, there is danger involved in destroying it, and indeed, in the case that the lenient opinions permitted it, the owner of the home suddenly died. Practically, all those who are aware of this warning are to be careful in thus, while those who are not aware, are protected by G-d.

For the sake of renovating or fixing:[24] It is permitted to destroy an oven for the sake of renovating it, such as to build a better-quality oven in its place. Likewise, it is permitted to break an oven for the sake of fixing it.

Making the oven smaller:[25] Some Poskim[26] rule that it is permitted to renovate an oven and make it smaller, hence taking up less space. Other Poskim[27], however, rule that even this is forbidden due to the above warning.

Replacing with heater:[28] It is permitted to destroy an oven for the sake of replacing it with a heater.

Destroying a home:[29] The above warning only applies against destroying an individual oven. However, if one destroys an entire home and then rebuilds it with an oven in a different areas, then there is no worry involved.

In a Sukkah: Some Poskim[30] suggest that there is no worry to destroy an oven that is within a Sukkah.

Gentile owned oven: Some Poskim[31] rule that there is no worry to destroy an oven that was owned by a gentile.

Gentile destroying the oven: Some Poskim[32] rule that it is permitted to ask a gentile to destroy the oven

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[1] Tzavaas Rebbe Yehuda Hachassid 58; Beis Dovid Y.D. 56; Zivcheiy Tzedek 116:76; Ben Ish Chai Pinchas 2:17; Kaf Hachaim 116:120-121; Toras Shalom of Rashab 36-38; Sefer Shemiras Haguf Vihanefesh [Lerner] 220:1-17

[2] The reason: As an oven corresponds to Gehenom and the evil inclination. [Toras Shalom of Rashab 36]

[3] Zivcheiy Tzedek 116:76; Kaf Hachaim 116:120

[4] Toras Shalom of Rashab 36-38 in name of the Tzemach Tzedek and Rebbe Maharash

[5] Ben Porat 2:11; Yad Yitzchak 3:109; Maharam Brisk 2:29; Sefer Shemiras Haguf Vihanefesh [Lerner] 220:7

[6] Avnei Tzedek Y.D. 142; Yad Yitzchak; Sefer Shemiras Haguf Vihanefesh [Lerner] 220:16

[7] Mili Dechassidusa ibid; Hagahos Maharsham on Tzavah

[8] Taalumos Lev Y.D. 19; See Toras Shalom of Rashab 36-38 in name of the Rebbe Maharash; See Sefer Shemiras Haguf Vihanefesh [Lerner] 220:12

[9] Toras Shalom of Rashab 36; Mili Dechassidusa 58; Mishmeres Shalom Semachos Sakana 16; Sefer Shemiras Haguf Vihanefesh [Lerner] 220:2

[10] Mili Dechassidusa ibid

[11] Ben Porat 2:11; Mili Dechassidusa 58; Sefer Shemiras Haguf Vihanefesh [Lerner] 220:3

[12] Sefer Shemiras Haguf Vihanefesh [Lerner] 220:4

[13] Taharas Hamayim Mareches Tzai 21

[14] Os Hi Leolam 2 Tzadi

[15] Toras Shalom of Rashab 36 that one may not even walk through the area and that the Tzemach Tzedek was very stringent in this to not use the space at all

[16] Mili Dechassidusa ibid; Sefer Shemiras Haguf Vihanefesh [Lerner] 220:14

[17] Chaim Bayad 25; Darkei Teshuvah 116:54; Sefer Shemiras Haguf Vihanefesh [Lerner] 220:9

[18] Zivcheiy Tzedek 116:76; Kaf Hachaim 116:120

[19] Sefer Shemiras Haguf Vihanefesh [Lerner] 220:17

[20] Beis Shearim Y.D. 193

[21] Atzei Haolah Sakana 58; Divrei Yoel

[22] Beis Dovid Y.D. 56; Shem Aryeh; Ben Porat 2:11; Maharam Brisk 1:29; Shivim Temarim on Tzavah ibid; Sefer Shemiras Haguf Vihanefesh [Lerner] 220:10; See Toras Shalom of Rashab 36 who mentions the stringent opinion and brings argument to be lenient

[23] Yosef Ometz 37:1 in name of Tzeror Hakesef 6; Ikarei Hadat Y.D. 14:2; Zechor Leavraham 3:189; Shulchan Gavoa 116:119; Zechor Leavraham; Nishmas Kol Chaiy 42; Hagahos Maharsham on Tzavah; Kaf Hachaim 116:121

[24] Mili Dechassidusa ibid; Divrei Yechezkal p. 84; Sefer Shemiras Haguf Vihanefesh [Lerner] 220:6

[25] Sefer Shemiras Haguf Vihanefesh [Lerner] 220:5

[26] Mili Dechassidusa ibid; Yad Yitzchak 3:109; Divrei Yechezkal p. 84

[27] Chaim Bayad 25

[28] Toras Shalom of Rashab 36; Mili Dechassidusa 58; Yad Yitzchak 3:109; Divrei Yechezkal p. 84; Sefer Shemiras Haguf Vihanefesh [Lerner] 220:6

[29] Maharsham 2:90; Mili Dechassidusa 58; Sefer Shemiras Haguf Vihanefesh [Lerner] 220:6

[30] Mili Dechassidusa ibid; Sefer Shemiras Haguf Vihanefesh [Lerner] 220:11

[31] Ben Porat 2:11; Sefer Shemiras Haguf Vihanefesh [Lerner] 220:13

[32] Ben Porat 2:11; Sefer Shemiras Haguf Vihanefesh [Lerner] 220:15