faMonday, January 13, 12 Shevat • י"ב שבט תשע"ד
'סימ שט"ו סעי ג
Siman 315 Seif 3: When erecting a bed it is prohibited to arrange the legs and then place the boards on top of it; rather one should hold the boards boards in the air and then place the legs beneath it. This is true when the legs are boards that attach like walls of a box but regarding the legs of our beds as well as the legs of a table it is permitted in all circumstances. A temporary ohel is not prohibited if one only constructed a roof unless the roof was constructed to protect something from the sun and rain but otherwise it is not prohibited unless one also makes a wall on Shabbos. It is also prohibited only when one first makes walls and then adds a roof but if it was constructed in the opposite order it is not prohibited. (M.B. 17) It is prohibited only when he placed the legs before the roof but if the legs were already in place it is permitted to place the boards on it. (M.B. 18) It is permitted since it was constructed in the opposite order which is not the normal manner of construction. (M.B. 19) When the intent of the construction is to use the space on top of the ohel he must also construct the walls in order for it to be prohibited. Magen Avrohom writes that placing a pillow of straw on a hole that permits smoke to escape may be prohibited when the pillow fills the entire empty space. This implies that when the hole is on the side it is permitted to plug the hole since he is merely adding to the wall. Tosefes Shabbos asserts that Magen Avrohom’s uncertainty is when the hole is three tefachim because if it was less, lavud would consider it closed and one who relies on Tosefes Shabbos will not lose. This discussion relates to where there are not coals in the oven but if there were it would certainly be prohibited since that would cause the coals to become extinguished even if that was not his intent since the outcome is inevitable. (M.B. 20) The walls must reach the ground but if they are within three tefachim of the ground, lavud considers it as if they reach the ground. (M.B. 21) Taz writes that since people use the space beneath a bed for storage, even if there are only two legs that reach the ground it is prohibited but when Shulchan Aruch permits constructing a table he is lenient even there are a few walls and it is prohibited only when there are four walls. Some authorities are lenient with regards to a table even when there are four walls since one does not use the space beneath the table unless it
Dismantling Dismantling an ohel
Shulchan Aruch Siman 315 Seif 3
אלא ישי הקרשי תחלה באויר Rather he should place the beams in the air first Shulchan Aruch teaches that when setting up a bed on Shabbos one may not place down the legs and then place the planks on top of them, rather one should first hold the planks in the air and then place the legs beneath them. Mishnah Berurah ( )ס"ק י"חnotes that Shulchan Aruch was precise when he wrote that it is prohibited only when one first arranges the legs and then places the planks upon them but if one found legs already in place it is permitted to place the planks on them since generally one must first make walls and then add a roof to violate the prohibition against making an ohel on Shabbos. Mishnah Berurah ( )ס"ק י"טalso explains that when one first makes walls and then adds a roof he has violated the prohibition since that is the normal manner of making an ohel. When one first holds up what will be the roof and then adds the walls beneath it he has not violated the prohibition since the structure was not formed in the normal manner. Chazon Ish ( )או"ח סי נ"ב סק"זwrites that when dismantling a bed it is prohibited to first remove the top and then the bottom the same way it is prohibited to remove the bottom and then the top. His reasoning is that when it comes to dismantling something there is no such thing as doing so in an unusual manner and thus is always prohibited. Rav Nissim Karelitz ( )חוט שני ח"ב פל"ו סק"טfurther explains that although when constructing an ohel there are ways to do the construction in an unusual manner since there is a specific order in which one normally constructs something, when it comes to dismantling something there is no such thing as a normal manner of doing so or deviating from the normal manner of doing things. All that is important is that it should be dismantled and that is accomplished regardless of the order in which it is dismantled. is common to use that space. Shulchan Aruch, however, implies that if the walls reach the ground one must be stringent, therefore, one should take into account Taz’s position and hold the board in the air and then place the legs beneath it. (M.B. 22) Legs of our beds and tables do not form walls but if the legs attach to the board firmly it is prohibited because it is an act of construction even if now one does not insert them firmly as long as one normally inserts them firmly. (M.B. 23)
it is permitted to open it even l’chatchila. (M. (M.
.faTuesday. 25) Siman 315 Seif 5: 5: Concerning a chair comprised of pieces and when people want to sit on it they unfold it and the leather opens and when it is removed one closes it and the leather folds in. January 14. It is also permitted to unfold and fold a folding bed. Based on these principles Poskim also permit adding leaves to a table to extend its length since one is merely adding to a temporary ohel and this is true even if the leaves are not attached to the table.B. It is also permitted to set up a board that is attached to a wall that is used to support sefarim.B. (M. 24) Even if there is a tefach covering one spot it is permitted. He then applies this principle to two other cases. In these instances as well one merely unfolds something that was already constructed before Shabbos and thus it is not considered as though he is forming an ohel on Shabbos. it is permitted to open it on Shabbos. see Biur Halacha if it is permitted to spread it out on Shabbos.B. The bed under discussion has legs that reach the ground but when it comes to our beds it is always permitted. since the coils of a folding bed are generally less than three tefachim apart it is permitted to place a
mattress or bedding on the bed without concern for violating the prohibition of forming an ohel. He rules that if the chair is constructed in such a manner that when one wants to sit down he merely opens it and the hide stretches out so that one could sit upon it and when it is removed one merely closes it and the leather folds up. Mishnah Berurah ( )ס"ק כ"זexplains that it is permitted because it was constructed before Shabbos and all one does on Shabbos is stretch out the leather so that he could sit upon it. Regarding our beds made from iron that are made folded and are placed near the wall. He rules that it is permitted for one to set up a canopy if it was already attached to poles before Shabbos ()ע' שעה"צ ס"ק ל"ד. 13 Shevat • י"ג שבט תשע"ד
'סימ שט"ו סעי ד' ה
Shulchan Aruch Siman 315 Seif 5
Siman 315 Seif 4: 4: If a bed is woven with ropes that are more than three tefachim apart it is prohibited to spread a sheet over it since that would involve making an ohel. 28)
כסא העשוי פרקי A chair comprised of parts Shulchan Aruch (' )סע' הaddresses the permissibility of opening a chair that is comprised of different parts. mattress or garment was spread over it the measure of tefach it is permitted on Shabbos to spread something over the entire bed. If before Shabbos a pillow. It is also prohibited to remove the lower garment since that involves dismantling an ohel. )פסקי תשובות אות ז' בש שמירת שבת ( כהלכתה פכ"ד סע' כ"גwrite that the principle in our seif permits one to open and close a folding chair or table on Shabbos without concerns for forming an ohel in the process. Moreover.
(M. it.B. The Poskim explain that any time one intends to create an ohel to protect oneself from the sun or the rain one is liable for making an ohel even when the ohel is comprised of just a roof without walls. (M. one must hold the upper barrel and arrange the lower ones beneath it rather than arrange the lower ones first and place the upper ones on it. Biur Halacha ( )ד"ה טפחraises the issue of whether it is permissible to open an umbrella on Shabbos. 33) If the roof is a tefach wide it is considered permanent and he is liable.B. It is also not similar to a folding chair since when one opens a folding chair one is merely stretching or unfolding pieces that are already attached but when one opens an umbrella it is necessary to tie the parts in place so that it doesn’t collapse and that additional act constitutes a full-fledged act of forming an ohel on Shabbos. Additionally. (M.
Opening an umbrella
Shulchan Aruch Siman 315 Seif 8
כל אהל משפע A sloped ohel Shulchan Aruch (' )סע' חstates that one who makes a sloped ohel that does not have a roof that is a tefach nor does it widen to a tefach within three tefachim of its roof has made a temporary ohel that is Rabbinically prohibited on Shabbos. (M. wide part surrounds the mouth of the utensil so that it forms a roof on the utensil and thus Rabbinically prohibited. 30) For this reason it is permitted to spread a cloth on a table with the edge of the cloth hanging down on all sides of the table. 14 Shevat • י"ד שבט תשע"ד
'סימ שט"ו סעי ד' ט
Siman 315 Seif 6: 6: When arranging barrels one on top of another with one resting upon two. 36)
. 32) Even if the entire roof was flat one would not be liable if it is no wider than a tefach. The strainer is wide and open on the top and closed and pointed on the bottom and the pointed part is inserted into the utensil and the upper.B. 31) Siman 315 Seif 8: 8: A sloped ohel that does not have a roof that is a tefach across horizontally nor does it spread a tefach across within three tefachim of the top is a temporary ohel and one who makes one on Shabbos is exempt. since it is done in the presence of others it is prohibited under the category of – עובדי דחולa weekday activity which could cause a potential breach in overall observance of Shabbos which must be treated more stringently than an individual prohibition. (M. Magen Avrohom and Chaye Adam disagree and are lenient about this matter. Chazon Ish ( )או"ח סי' נ"ב סק"וdisagrees and contends that the prohibition against opening an umbrella is not because it involves the formation of an ohel. 29) Siman 315 Seif 7: 7: It is permitted to place down two sefarim and a third resting on those two since one does not require the space beneath it. (M.faWednesday. He argues that there is no substantive difference between opening an umbrella and unfolding a chair. He explains that when one opens an umbrella it becomes usable in all places as opposed to other types of ohel which are used in the place they were formed.B. Even if one made it to last for many days it is nevertheless only a temporary ohel. This refers to a circumstance in which one will study from those two sefarim or if they were already there because otherwise it would be disrespectful to bring the other sefarim to prop up the one from which one wishes to study. He relates that many authorities maintain that it is prohibited and explain that the prohibition is due to the formation of an ohel. . If one made something that is only temporary he has violated only a Rabbinic prohibition. 35) Siman 315 Seif 9: 9: A strainer that is suspended so that sediment could be poured in to be strained and whose opening is spread out is considered a temporary ohel and it prohibited to make one. January 15. 34) He is exempt from bringing a Chatas but has violated a Rabbinic injunction. (M. (M.B.B.B. The reason it is prohibited is that opening an umbrella violates the prohibition of מתק מנאforming a utensil. One requires the space between them since if there was no airspace the contents would spoil. Shulchan Aruch follows the stringent approach and Pri Megadim contends that if one intended for it to be permanent he violated a Rabbinic injunction. Since the function of an umbrella is to protect one from the sun and the rain it is certainly prohibited.B. According to Rashi and Rosh if the roof is not a tefach it is not considered an ohel and is permitted.
it is permitted to pull it out. Since the strings make it easy to pull out the cloth it is as if it is spread a tefach from before Shabbos and on Shabbos one is merely adding to a temporary ohel. January 16. therefore. (M. If it was not designed for this it is prohibited as mentioned in seif 8 that even if its roof is not a tefach wide it is prohibited to make it on Shabbos.B.
. Magen Avrohom maintains that the word וכis not intended to draw an exact parallel between the first halacha and the second since the curtain may be suspended even without strings attached to it being that it only forms a wall and a wall is not an ohel. However. 37) Included in this is a curtain that hangs in front of an opening. He also writes that when a partition is intended to permit something (which Shulchan Aruch taught in seif 1 is prohibited) the presence of strings is not effective but there are authorities who are lenient about this. Magen Avrohom writes that after it is spread it will not have a roof of a tefach nor will it widen to a tefach within three tefachim of the top because if it did it would be a permanent ohel and the presence of the strings would not be effective to permit it. if the cloth was already on the pole and there were strings attached which allow him to easily open and close the cloth it is permitted. is seemingly contradicted from another comment of the Mishnah Berurah. 39) Siman 315 Seif 11: A bridegroom’s canopy that does not have a roof that is a tefach. Hanging the cloth on the pole so that he could crawl inside for protection from the sun is prohibited since it constitutes making a temporary ohel on Shabbos. He then notes that according to Rabbeinu Chananel it is necessary even for the curtain to have strings attached to it to permit opening and closing it and thus it is logical to assume that Rambam also subscribes to that opinion and he meant the word וכspecifically. 42)
Making a partition that does not permit something
Shulchan Aruch Siman 315 Seif 10
וכ הפרכת And the same is true for a curtain
Shulchan Aruch (' )סע' יfirst addresses the halacha of a cloth that is folded over a pole with the two ends of the cloth reaching the floor.B. Shulchan Aruch is teaching that if the cloth was hanging from the pole before Shabbos and it has strings hanging down to pull it out its full length. (M. In the Sha’ar HaTziyun ( )ס"ק י"גwrites in the name of Rambam that it is permitted to make a partition to permit relations since there is a permitted way to have relations without making the partition. Magen Avrohom asserts that regarding the curtain it is permitted even if it does not have strings since it has no roof. nor does it widen to a tefach within three tefachim of its roof. וצ"ע. (M.B. 41) If it hangs vertically a tefach after the slope we consider the vertical tefach to be its wall and the sloped section to be the roof and would thereby constitute a permanent ohel. even if one makes the partition it is not a partition that is permitting something and thus it is permitted to make it. however. 15 Shevat • ט"ו שבט תשע"ד
סימ שט"ו סעי י' י"א
Siman 315 Seif 10: A folded cloth that has strings hanging from it from before Shabbos may be hung or taken down and the same is true concerning concerning a curtain. This is true only if it does not drop down to within a tefach of the bed. purpose.faThursday. The reason is that the presence of the strings on the cloth which makes it easy to open and close makes it similar to it being stretched out a tefach so that all one is doing is adding to a temporary ohel on Shabbos rather than forming one from scratch which is prohibited. (M. In the second halacha Shulchan Aruch teaches that the same is true regarding a curtain that is hung in front of an entrance. This latter approach. This clearly contradicts Mishnah Berurah’s inclination that Rambam requires strings in order to permit hanging a curtain even though it does not serve the purpose of permitting something. Since it was designed for this purpose it is permitted even though it did not have strings from before Shabbos. is permitted to be spread out or taken down since it is designed for this purpose. Mishnah Berurah ( )ס"ק ל"טpresents two explanations for the word וכwhich introduces the second halacha.B.
Accordingly. The reason why Shulchan Aruch rules in our seif that it is prohibited for an individual to hang a curtain even though he is holding it in his hands is that there is a concern that in the process of hanging the curtain a tefach of the curtain will extend vertically a tefach or more and if that happens one has created an ohel with walls and a roof and in such a case it is prohibited even if it is held in place by hand. even if it is large they can handle it in a way that it will not fold over and thus an ohel will not be made. 47) concern that one will make an ohel but a talis that is spread out and held by hand and will not be supported by a pole or something similar is not subject to the prohibition of making an ohel.
צרי לזהר שלא יעשה אהל בשעה שנוטה He must be careful not to make an ohel when he hangs it Shulchan Aruch ( )סע' י"בrules that one who hangs a curtain must be careful not to create an ohel in the process.B. (M. However. 44) Shulchan Aruch refers to where it will have a roof a tefach wide and certainly when it is wider it is problematic but if it did not form a roof a tefach wide and had a string attached to it before Shabbos it would be permitted according to all opinions to spread it out on Shabbbos.B. in the case of the curtain since ultimately it will be suspended on a pole without a person having to support it there is reason for
. (M. if the curtain is large it must be hung by two people rather than by one person. therefore. Therefore. While one is hanging it. therefore Shulchan Aruch teaches that it is impossible to stretch it out without forming an ohel. (M. Other authorities adopt a lenient position and maintain that if the talis is not held in place by poles and is merely held in place by hand it does not constitute an ohel. If it is a canopy that has a roof even ten people may not stretch it out since it is impossible impossible that it should not be above the ground a tefach making a temporary ohel.B. there were authorities who maintained that it is prohibited for people to hold a stretched out talis for the purpose of providing protection from the sun or the rain )ע' מ"ב סק"ב וס"ק ט"ו דאסור לעשות אהל א בלא (מחיצות. 15 Shevat • ט"ו שבט תשע"ד
סימ שט"ו סעי י"ב
An ohel held in place by people
Shulchan Aruch Siman 315 Seif 12
Siman 315 Seif 12: 12: One who spreads out a curtain or something similar must be careful not to make an ohel as he spreads it out. 46) One should not think that if the canopy is wide so that each person could tie one corner to the walls and the middle would remain on the ground so that it does not form an ohel. January 16. This ruling implies that it is possible to create an ohel even when its form depends upon people holding it in place. when two people hang a curtain. Additionally. if it is a large curtain it should be hung by two people and it is prohibited for someone to hang it by himself. All opinions agree that it is permitted to spread out a talis on Simchas Torah for Chassan Torah and Chassan Bereishis since the intent is to give honor to the aliyah rather than to protect anything beneath it (')פסקי תשובות אות ח.faFriday. Mishnah Berurah ( )ס"ק מ"דexplains that when hanging a curtain it is common for part of it to fold over and if that fold will be the size of a tefach he will have created an ohel. it is common for it to fold and if it will fold a tefach it would constitute an ohel.