0826 siman 315 seif 3 merged

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is common to use that space. Shulchan Ahowever, implies that if the walls reach the grounmust be stringent, therefore, one should takeaccount Tazs position and hold the board in thand then place the legs beneath it. (M.B. 22)

Legs of our beds and tables do not form walls butlegs attach to the board firmly it is prohibited beit is an act of construction even if now one doeinsert them firmly as long as one normally inserts

firmly. (M.B. 23)

Overview Halacha Highlighonday, January 13, 12 Shevat " " '"

man 315 Seif 3:man 315 Seif 3:man 315 Seif 3:man 315 Seif 3:

hen erecting a bed it is prohibited to arrange the legshen erecting a bed it is prohibited to arrange the legshen erecting a bed it is prohibited to arrange the legshen erecting a bed it is prohibited to arrange the legsd then place the boards on top of it; rather one shouldd then place the boards on top of it; rather one shouldd then place the boards on top of it; rather one shouldd then place the boards on top of it; rather one shouldld the boardld the boardld the boardld the boards in the air and then place the legs beneaths in the air and then place the legs beneaths in the air and then place the legs beneaths in the air and then place the legs beneathThis is true when the legs are boards that attach likeThis is true when the legs are boards that attach likeThis is true when the legs are boards that attach likeThis is true when the legs are boards that attach like

alls of a box but regarding the legs of our beds as well asalls of a box but regarding the legs of our beds as well asalls of a box but regarding the legs of our beds as well asalls of a box but regarding the legs of our beds as well ase legs of a table it is permitted in all circumstances.e legs of a table it is permitted in all circumstances.e legs of a table it is permitted in all circumstances.e legs of a table it is permitted in all circumstances.

A temporary ohel is not prohibited if one onlyconstructed a roof unless the roof was constructed toprotect something from the sun and rain but otherwiseit is not prohibited unless one also makes a wall on

Shabbos. It is also prohibited only when one firstmakes walls and then adds a roof but if it wasconstructed in the opposite order it is not prohibited.(M.B. 17)It is prohibited only when he placed the legs before theroof but if the legs were already in place it is permittedto place the boards on it. (M.B. 18)It is permitted since it was constructed in the oppositeorder which is not the normal manner of construction.(M.B. 19)When the intent of the construction is to use the spaceon top of the ohelhe must also construct the walls in

order for it to be prohibited. Magen Avrohom writesthat placing a pillow of straw on a hole that permitssmoke to escape may be prohibited when the pillowfills the entire empty space. This implies that when thehole is on the side it is permitted to plug the hole sincehe is merely adding to the wall. Tosefes Shabbosasserts that Magen Avrohoms uncertainty is when thehole is three tefachim because if it was less, lavudwould consider it closed and one who relies on TosefesShabbos will not lose. This discussion relates to wherethere are not coals in the oven but if there were it

would certainly be prohibited since that would causethe coals to become extinguished even if that was nothis intent since the outcome is inevitable. (M.B. 20)The walls must reach the ground but if they are withinthree tefachim of the ground, lavud considers it as ifthey reach the ground. (M.B. 21)Taz writes that since people use the space beneath abed for storage, even if there are only two legs thatreach the ground it is prohibited but when ShulchanAruch permits constructing a table he is lenient eventhere are a few walls and it is prohibited only whenthere are four walls. Some authorities are lenient with

regards to a table even when there are four walls sinceone does not use the space beneath the table unless it

DismDismDismDismantling anantling anantling anantling an ohelohelohelohel

Shulchan Aruch Siman 315 Seif 3 Rather he should place the beams in the air firstRather he should place the beams in the air firstRather he should place the beams in the air firstRather he should place the beams in the air first

Shulchan Aruch teaches that when setting up a beShabbos one may not place down the legs and then the planks on top of them, rather one should first hoplanks in the air and then place the legs beneath Mishnah Berurah )""( notes that Shulchan Aruchprecise when he wrote that it is prohibited only whenfirst arranges the legs and then places the planks

them but if one found legs already in place it is permto place the planks on them since generally one musmake walls and then add a roof to violate the prohiagainst making an ohel on Shabbos. Mishnah Be

)""( also explains that when one first makes wallthen adds a roof he has violated the prohibition sinceis the normal manner of making an ohel. When onholds up what will be the roof and then adds the beneath it he has not violated the prohibition sincstructure was not formed in the normal manner.

Chazon Ish "( )"" writes that when dismaa bed it is prohibited to first remove the top and thebottom the same way it is prohibited to remove the band then the top. His reasoning is that when it comdismantling something there is no such thing as doiin an unusual manner and thus is always prohibitedNissim Karelitz ) "" )" further explainalthough when constructing an ohel there are ways the construction in an unusual manner since therespecific order in which one normally constructs somewhen it comes to dismantling something there is nothing as a normal manner of doing so or deviating the normal manner of doing things. All that is import

that it should be dismantled and that is accompregardless of the order in which it is dismantled.


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mattress or bedding on the bed witconcern for violating the prohibitionforming an ohel. Based on these princPoskimalso permit adding leaves to a tabextend its length since one is merely addina temporary ohel and this is true even ifleaves are not attached to the table.

Halacha Highlight Overviewesday, January 14, 13 Shevat " " ''"

Folding furnitureFolding furnitureFolding furnitureFolding furnitureShulchan Aruch Siman 315 Seif 5 A chair comprised of partsA chair comprised of partsA chair comprised of partsA chair comprised of parts

hulchan Aruch )''( addresses theermissibility of opening a chair that isomprised of different parts. He rules that ife chair is constructed in such a manner that

hen one wants to sit down he merely opensand the hide stretches out so that one couldt upon it and when it is removed one merelyoses it and the leather folds up, it isermitted to open it on Shabbos. Mishnaherurah )""( explains that it is permittedecause it was constructed before Shabbosnd all one does on Shabbos is stretch out theather so that he could sit upon it. He then

pplies this principle to two other cases. Heles that it is permitted for one to set up a

anopy if it was already attached to polesefore Shabbos )"""'( . It is alsoermitted to set up a board that is attached towall that is used to support sefarim. In thesestances as well one merely unfolds

omething that was already constructed beforehabbos and thus it is not considered as

ough he is forming an ohelon Shabbos.

oskim ( ' "'" write that the principle in

ur seif permits one to open and close alding chair or table on Shabbos without

oncerns for forming an ohel in the process.is also permitted to unfold and fold a

lding bed. Moreover, since the coils of alding bed are generally less than threefachim apart it is permitted to place a

Siman 315 Seif 4Siman 315 Seif 4Siman 315 Seif 4Siman 315 Seif 4::::

If a bed is woven with ropes that are more If a bed is woven with ropes that are more If a bed is woven with ropes that are more If a bed is woven with ropes that are more threethreethreethree tefachimtefachimtefachimtefachimapart it is prohibited to spreapart it is prohibited to spreapart it is prohibited to spreapart it is prohibited to spresheet over it since that would involve makinsheet over it since that would involve makinsheet over it since that would involve makinsheet over it since that would involve makinohelohelohelohel. It is also prohibited to remove the l. It is also prohibited to remove the l. It is also prohibited to remove the l. It is also prohibited to remove the lgarment since that involves dismantlinggarment since that involves dismantlinggarment since that involves dismantlinggarment since that involves dismantlingohelohelohelohel. If before. If before. If before. If before Shabbos a pillow, mattresShabbos a pillow, mattresShabbos a pillow, mattresShabbos a pillow, mattresgarment was spread over it the measurgarment was spread over it the measurgarment was spread over it the measurgarment was spread over it the measurtefachtefachtefachtefach it is permitted on Shabbos to spit is permitted on Shabbos to spit is permitted on Shabbos to spit is permitted on Shabbos to sp

something over the entire bed.something over the entire bed.something over the entire bed.something over the entire bed.

The bed under discussion has legs that rthe ground but when it comes to our beis always permitted. (M.B. 24)

Even if there is a tefachcovering one spis permitted. (M.B. 25)


Concerning a chair comprised of pieces Concerning a chair comprised of pieces Concerning a chair comprised of pieces Concerning a chair comprised of pieces when people want to sit on it they unfold it when people want to sit on it they unfold it when people want to sit on it they unfold it when people want to sit on it they unfold it the leather opens and when it is removed the leather opens and when it is removed the leather opens and when it is removed the leather opens and when it is removed closes it and the leather folds in, it is permcloses it and the leather folds in, it is permcloses it and the leather folds in, it is permcloses it and the leather folds in, it is permto open it evento open it evento open it evento open it even lchatchilalchatchilalchatchilalchatchila....

Regarding our beds made from iron thamade folded and are placed near the see Biur Halacha if it is permitted to spre

out on Shabbos. (M.B. 28)


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The strainer is wide and open on the top and cand pointed on the bottom and the pointed pinserted into the utensil and the upper, widesurrounds the mouth of the utensil so that it forroof on the utensil and thus Rabbinically prohi

(M.B. 36)

Overview Halacha Highlighednesday, January 15, 14 Shevat " " ''"

man 315 Seif 6man 315 Seif 6man 315 Seif 6man 315 Seif 6::::

hen arranging barrels one on top of another with onehen arranging barrels one on top of another with onehen arranging barrels one on top of another with onehen arranging barrels one on top of another with onesting upon two, one must hold the upper barrel andsting upon two, one must hold the upper barrel andsting upon two, one must hold the upper barrel andsting upon two, one must hold the upper barrel andrange the lower ones beneath it rather than arrange therange the lower ones beneath it rather than arrange therange the lower ones beneath it rather than arrange therange the lower ones beneath it rather than arrange thewer ones first and place the upper ones on itwer ones first and place the upper ones on itwer ones first and place the upper ones on itwer ones first and place the upper ones on it....

One requires the space between them since if therewas no airspace the contents would spoil. (M.B. 29)


is permitted to place down twois permitted to place down twois permitted to place down twois permitted to place down two sefarimsefarimsefarimsefarim and a thirdand a thirdand a thirdand a thirdsting on those twosting on those twosting on those twosting on those two since one does not require the space

neath it....This refers to a circumstance in which one will studyfrom those two sefarim or if they were already therebecause otherwise it would be disrespectful to bring theother sefarim to prop up the one from which onewishes to study. Magen Avrohom and Chaye Adamdisagree and are lenient about this matter. (M.B. 30)For this reason it is permitted to spread a cloth on atable with the edge of the cloth hanging down on allsides of the table. (M.B. 31)


slopedslopedslopedsloped ohelohelohelohel that does not have a roof that is athat does not have a roof that is athat does not have a roof that is athat does not have a roof that is a tefachtefachtefachtefachross horizontally nor does it spread aross horizontally nor does it spread aross horizontally nor does it spread aross horizontally nor does it spread a tefachtefachtefachtefach acrossacrossacrossacrossthin threethin threethin threethin three tefachimtefachimtefachimtefachimof the top is a temporaryof the top is a temporaryof the top is a temporaryof the top is a temporary ohelohelohelohel andandandande who makes one on Shabbos is exempt.e who makes one on Shabbos is exempt.e who makes one on Shabbos is exempt.e who makes one on Shabbos is exempt.

Even if one made it to last for many days it isnevertheless only a temporary ohel. (M.B. 32)Even if the entire roof was flat one would not be liableif it is no wider than a tefach. (M.B. 33)If the roof is a tefach wide it is considered permanentand he is liable. If one made something that is onlytemporary he has violated only a Rabbinic prohibition.

(M.B. 34)He is exempt from bringing a Chatas but has violateda Rabbinic injunction. According to Rashi and Rosh ifthe roof is not a tefachit is not considered an ohelandis permitted. Shulchan Aruch follows the stringentapproach and Pri Megadim contends that if oneintended for it to be permanent he violated a Rabbinicinjunction. (M.B. 35)


strainer that is suspended so that sediment could bestrainer that is suspended so that sediment could bestrainer that is suspended so that sediment could bestrainer that is suspended so that sediment could beured in to be strained and whose opening is spread outured in to be strained and whose opening is spread outured in to be strained and whose opening is spread outured in to be strained and whose opening is spread outccccoooonnnnssssiiiiddddeeeerrrreeeedddd aaaa tttteeeemmmmppppoooorrrraaaarrrryyyy oooohhhheeeellllaaaannnndddd iiiitttt pppprrrroooohhhhiiiibbbbiiiitttteeeedddd ttttoooo mmmmaaaakkkkeeeeeeee....

Opening an umbrellaOpening an umbrellaOpening an umbrellaOpening an umbrellaShulchan Aruch Siman 315 Seif 8

A slopedA slopedA slopedA sloped ohelohelohelohel

Shulchan Aruch )''( states that one who makes a sohel that does not have a roof that is a tefachnor dwiden to a tefach within three tefachim of its roomade a temporary ohel that is Rabbinically prohibiteShabbos. Biur Halacha )"( raises the issuwhether it is permissible to open an umbrella on ShaHe relates that many authorities maintain that

prohibited and explain that the prohibition is due tformation of an ohel. The Poskimexplain that anyone intends to create an ohel to protect oneself fromsun or the rain one is liable for making an oheleven the ohelis comprised of just a roof without walls. Sinfunction of an umbrella is to protect one from the sunthe rain it is certainly prohibited. It is also not similafolding chair since when one opens a folding chair omerely stretching or unfolding pieces that are alattached but when one opens an umbrella it is neceto tie the parts in place so that it doesnt collapse andadditional act constitutes a full-fledged act of formin

ohelon Shabbos.

Chazon Ish )""'"( disagrees and contendthe prohibition against opening an umbrella isbecause it involves the formation of an ohel. He athat there is no substantive difference between openinumbrella and unfolding a chair. The reason prohibited is that opening an umbrella violatesprohibition of forming a utensil. He explainwhen one opens an umbrella it becomes usable places as opposed to other types of ohelwhich are usthe place they were formed. Additionally, since it is

in the presence of others it is prohibited under the catof a weekday activity which could capotential breach in overall observance of Shabbos must be treated more stringently than an indivprohibition.


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Overview Halacha Highlighursday, January 16, 15 Shevat " " "'"


folded cloth that has strings hanging from it fromfolded cloth that has strings hanging from it fromfolded cloth that has strings hanging from it fromfolded cloth that has strings hanging from it fromefore Shabbos may be hung or taken down and theefore Shabbos may be hung or taken down and theefore Shabbos may be hung or taken down and theefore Shabbos may be hung or taken down and theme is true concernme is true concernme is true concernme is true concerning a curtain.ing a curtain.ing a curtain.ing a curtain.

Shulchan Aruch is teaching that if the cloth washanging from the pole before Shabbos and it hasstrings hanging down to pull it out its full length, itis permitted to pull it out. Since the strings make iteasy to pull out the cloth it is as if it is spread atefach from before Shabbos and on Shabbos one

is merely adding to a temporary ohel. MagenAvrohom writes that after it is spread it will nothave a roof of a tefachnor will it widen to a tefachwithin three tefachimof the top because if it did itwould be a permanent oheland the presence ofthe strings would not be effective to permit it. (M.B.37)Included in this is a curtain that hangs in front ofan opening. Magen Avrohom asserts thatregarding the curtain it is permitted even if it doesnot have strings since it has no roof. He also

writes that when a partition is intended to permitsomething (which Shulchan Aruch taught in seif 1is prohibited) the presence of strings is not effectivebut there are authorities who are lenient aboutthis. (M.B. 39)


bridegrooms canopy that does not have a roof thatbridegrooms canopy that does not have a roof thatbridegrooms canopy that does not have a roof thatbridegrooms canopy that does not have a roof thataaaa tefachtefachtefachtefach, nor does it widen to a, nor does it widen to a, nor does it widen to a, nor does it widen to a tefachtefachtefachtefachwithin threewithin threewithin threewithin threefachimfachimfachimfachimof its roof, is permitted to be spread out orof its roof, is permitted to be spread out orof its roof, is permitted to be spread out orof its roof, is permitted to be spread out orken down since it is designed for this purpoken down since it is designed for this purpoken down since it is designed for this purpoken down since it is designed for this purpose. Thisse. Thisse. Thisse. This

true only if it does not drop down to within atrue only if it does not drop down to within atrue only if it does not drop down to within atrue only if it does not drop down to within a tefachtefachtefachtefachthe bed.the bed.the bed.the bed.

Since it was designed for this purpose it ispermitted even though it did not have strings frombefore Shabbos. If it was not designed for this it isprohibited as mentioned in seif 8 that even if itsroof is not a tefachwide it is prohibited to make iton Shabbos. (M.B. 41)If it hangs vertically a tefach after the slope weconsider the vertical tefach to be its wall and the

sloped section to be the roof and would therebyconstitute a permanent ohel. (M.B. 42)

Making a partition that does not perMaking a partition that does not perMaking a partition that does not perMaking a partition that does not persomethingsomethingsomethingsomethingShulchan Aruch Siman 315 Seif 10

And the same is true for a curtainAnd the same is true for a curtainAnd the same is true for a curtainAnd the same is true for a curtain

Shulchan Aruch )''( first addresses the halachacloth that is folded over a pole with the two ends ocloth reaching the floor. Hanging the cloth on theso that he could crawl inside for protection from this prohibited since it constitutes making a tempohel

on Shabbos. However, if the cloth was alreathe pole and there were strings attached which him to easily open and close the cloth it is permThe reason is that the presence of the strings ocloth which makes it easy to open and close masimilar to it being stretched out a tefachso that all odoing is adding to a temporary ohelon Shabbos rthan forming one from scratch which is prohibitedthe second halacha Shulchan Aruch teaches thasame is true regarding a curtain that is hung in froan entrance.

Mishnah Berurah )""( presents two explanatiothe word which introduces the second halMagen Avrohom maintains that the word iintended to draw an exact parallel between thehalacha and the second since the curtain masuspended even without strings attached to it beingit only forms a wall and a wall is not an ohel. Henotes that according to Rabbeinu Chananel necessary even for the curtain to have strings attato it to permit opening and closing it and thuslogical to assume that Rambam also subscribes to

opinion and he meant the word specifically. latter approach, however, is seemingly contradfrom another comment of the Mishnah Berurah. IShaar HaTziyun )" )" writes in the namRambam that it is permitted to make a partitiopermit relations since there is a permitted way to relations without making the partition, therefore, eone makes the partition it is not a partition thpermitting something and thus it is permitted to maThis clearly contradicts Mishnah Berurahs inclinthat Rambam requires strings in order to permit han

a curtain even though it does not serve the purpopermitting something. " .


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concern that one will make an ohelbut a talisis spread out and held by hand and will nosupported by a pole or something similar issubject to the prohibition of making an ohelopinions agree that it is permitted to spread otalis on Simchas Torah for Chassan Torah Chassan Bereishis since the intent is to give hto the aliyah rather than to protect anytbeneath it ) '( .

Halacha Highlight Overviewday, January 16, 15 Shevat " " ""

AnAnAnAn ohelohelohelohelheld in place by peopleheld in place by peopleheld in place by peopleheld in place by peopleShulchan Aruch Siman 315 Seif 12

e must be careful not to make ane must be careful not to make ane must be careful not to make ane must be careful not to make an ohelohelohelohelwhen hewhen hewhen hewhen he

hangs ithangs ithangs ithangs it

hulchan Aruch )"'( rules that one who hangscurtain must be careful not to create an oheline process. Therefore, if the curtain is large itust be hung by two people rather than by one

erson. Mishnah Berurah )""( explains thathen hanging a curtain it is common for part of itfold over and if that fold will be the size of a

fach he will have created an ohel. However,hen two people hang a curtain, even if it is largeey can handle it in a way that it will not foldver and thus an ohel will not be made. Thisling implies that it is possible to create an ohelen when its form depends upon people holdingin place. Accordingly, there were authorities

ho maintained that it is prohibited for peoplehold a stretched out talis for the purposeproviding protection from the sun or the rain

""""'( .

ther authorities adopt a lenient position andaintain that if the talis is not held in place byoles and is merely held in place by hand it doesot constitute an ohel. The reason why Shulchan

ruch rules in our seif that it is prohibited for andividual to hang a curtain even though he isolding it in his hands is that there is a concernat in the process of hanging the curtain a tefach

the curtain will extend vertically a tefach orore and if that happens one has created anhelwith walls and a roof and in such a case it isohibited even if it is held in place by hand.

dditionally, in the case of the curtain sincetimately it will be suspended on a pole without a

erson having to support it there is reason for


One who spreads out a curtain or sometOne who spreads out a curtain or sometOne who spreads out a curtain or sometOne who spreads out a curtain or sometsimilar must be careful not to make ansimilar must be careful not to make ansimilar must be careful not to make ansimilar must be careful not to make an ohelohelohelohelaaaaspreads it out, therefore, if it is a large curtaspreads it out, therefore, if it is a large curtaspreads it out, therefore, if it is a large curtaspreads it out, therefore, if it is a large curtashould be hung by two people and it is prohishould be hung by two people and it is prohibshould be hung by two people and it is prohishould be hung by two people and it is prohibfor someonefor someonefor someonefor someone to hang it by himself. If it to hang it by himself. If it to hang it by himself. If it to hang it by himself. If it canopy that has a roof even ten people maycanopy that has a roof even ten people maycanopy that has a roof even ten people maycanopy that has a roof even ten people maystretch it out since it is imposstretch it out since it is imposstretch it out since it is imposstretch it out since it is impossible that it shsible that it shsible that it shsible that it shnot be above the ground anot be above the ground anot be above the ground anot be above the ground a tefachtefachtefachtefach makinmakinmakinmakin

temporarytemporarytemporarytemporary ohelohelohelohel....

While one is hanging it, it is common forfold and if it will fold a tefach it wconstitute an ohel. (M.B. 44)

Shulchan Aruch refers to where it will haroof a tefach wide and certainly when wider it is problematic but if it did not forroof a tefachwide and had a string attato it before Shabbos it would be perm

according to all opinions to spread it ouShabbbos. (M.B. 46)

One should not think that if the canopy is so that each person could tie one corner towalls and the middle would remain onground so that it does not form antherefore Shulchan Aruch teaches that impossible to stretch it out without forminohel. (M.B. 47)

0826 siman 315 seif 3 merged

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