Opening the hood of a stroller on Shabbos

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

Background:[1]

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.[2] This measurement of a handbreadth does not include any rolled up material.[3] 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.[4] 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.[5] Nevertheless, it is debated amongst the Poskim[6] 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: 

The law:[7]

If the hood was opened a handbreadth [8 cm] before Shabbos:[8] If the hood of the stroller was opened at least one Tefach [8 cm] before Shabbos [excluding the folded area[9]] then 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.[10]] Likewise, according to all, one may close the section that was further opened on Shabbos.[11] [However, according to the stringent opinion brought next, one may not close the section that was opened already from before Shabbos.[12]]

If the hood was not opened a handbreadth [8 cm] before Shabbos: Some Poskim[13] 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.[14] 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[15] 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].[16] Practically, the ruling of Admur[17] 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].[18] 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.[19] 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.[20]

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

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

[3] 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]

[4] 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

[5] 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

[6] 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!

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

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

[9] 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]

[10] 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]

[11] Admur 315:16

[12] 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]

[13] 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

[14] 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]

[15] 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 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. [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

[16] 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]

[17] See previous footnotes!

[18] See Ketzos Hashulchan ibid

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

[20] 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

[21] 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.

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

[23] 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

[24] 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.

[25] 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]

[26] Piskeiy Teshuvos 315:9 footnote 105

[27] 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

[28] 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 [accoridng 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.

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

[30] 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]

[31] 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]

[32] Piskeiy Teshuvos 315 footnote 99

[33] See Piskeiy Teshuvos 315 footnote 97

[34] See however other opinions in previous footnote.

[35] 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

[36] 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.

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

[38] 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]

[39] 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

[40] 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

[41] 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.

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

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

[44] Piskeiy Teshuvos 315 footnote 95

[45] Beir Moshe 6:108