web analytics
April 27, 2015 / 8 Iyar, 5775
At a Glance
Judaism
Sponsored Post


Daf Yomi


Daf-Yomi-logo

For Appearance’s Sake
‘Moving Forward At The Word Of G-d’
(Shabbos 31a)

When the umbrella was invented, poskim debated at length whether it may be used on Shabbos. The core of their debate was whether opening an umbrella is considered making an ohel for protection from the rain or sun. In practice, the prohibition against using umbrellas has been universally accepted among all Jewish communities. As the Chafetz Chaim, zt”l, writes, “One who guards his soul should utterly refrain from their use” (Biur Halacha 315, s.v. tefach).

However, when the Chasam Sofer was first informed that a great posek considered opening an umbrella to be an issur d’oraisa, he pointed to our sugya as proof to the contrary (Teshuvos O.C. 72).

As is well-known, the 39 melachos are defined and characterized by the activities that were necessary to construct the Mishkan. For example, because curtains were sewn for the Mishkan, sewing is forbidden on Shabbos. Because rams were slaughtered for their leather to cover the Mishkan, slaughtering is forbidden on Shabbos. Because building was necessary in constructing the Mishkan, building is forbidden on Shabbos.

In Talmud Yerushalmi, amora’im debate whether one may construct a temporary building. In other words, may one build a structure on Shabbos that one intends to soon demolish?

On the one hand, one can argue that doing so should be forbidden. After all, the Mishkan itself was a temporary building. When Bnei Yisrael camped, they assembled its parts. Before they traveled, they dismantled it. Since the issur of meleches boneh is based on what happened in constructing the Mishkan, temporary building should be forbidden on Shabbos.

Temporary Building

On the other hand, though, one can argue that temporary building does not fall under the category of meleches boneh since it is unimportant, and unimportant building is not considered real “building” when it comes to the laws of Shabbos. It’s true that the building of the Mishkan was also temporary, but that was by no means a sign of its unimportance. Bnei Yisrael assembled and disassembled it by Hashem’s command. Even if the Mishkan only sometimes stood for a short period of time, the command of Hashem made it as important as any permanent building.

A Permanent Umbrella?

An umbrella is a temporary structure. As such, it is subject to the debate in Yerushalmi. Though the Yerushalmi does not resolve this debate, the Chasam Sofer argues that our sugya reaches a clear conclusion on our question.

Demolishing is one of the 39 melachos if done in a constructive fashion. In other words, one may not destroy for the sake of building. For example, one may not demolish an old building to build a new one in its place. Our Gemara wonders whether one may demolish for the sake of building in a different locale. One can argue that doing so does not fall under the category of forbidden demolishing since there seemingly is no connection between the act of demolishing and the act of building.

The Gemara suggests a proof that doing so is forbidden based on what happened in constructing the Mishkan. When the Jews dismantled the Mishkan, they did so for the sake of building it in another locale. Since the construction of the Mishkan is the very source of the 39 melachos, demolishing for the sake of building elsewhere should therefore be forbidden.

The Gemara rejects this reasoning. It states that the dismantling of the Mishkan was done at Hashem’s command, thus making the dismantling extremely significant. It cannot be compared to the demolition of mundane buildings in order to build them in a different place.

The Gemara accepts this argument. Demolishing on Shabbos in order to rebuild in a different place is not the biblical melachah of demolishing even though it was performed in the Mishkan.

The Chasam Sofer and the Umbrella

We can extend this line of reasoning to temporary building. This act was also done in constructing the Mishkan but cannot be compared to ordinary temporary building. In the Mishkan, temporary building was important because it was done at the special command of Hashem for the purpose of traveling in the desert. The same cannot be said of ordinary temporary building.

Thus, we learn from here that there is no issur d’oraisa in opening an umbrella on Shabbos. The Chasam Sofer argues further that both opinions in Yerushalmi would agree that opening an umbrella is not considered boneh since umbrellas don’t have walls! Furthermore, an umbrella is not a stable structure. It is carried around, and cannot be considered a proper structure. (The Chasam Sofer also discusses whether opening an umbrella is assur d’rabanan; see Chazon Ish, O.C. 52:6; introduction to Tiferes Yisrael, Kalkeles Shabbos; and Orchos Shabbos 9:6).

Today’s Umbrellas

Unlike our umbrellas, the umbrellas discussed by the poskim were difficult to open and close. “They must be stretched out and then tied with straps or fastened with metal wires,” the Pri Megadim and Biur Halacha (ibid.) write. Nevertheless, it is still forbidden for us to use umbrellas on Shabbos. “The great Torah leaders of previous generations forbade opening and closing umbrellas on Shabbos and Yom Tov. Even if an umbrella is already open, a person must not use it because of mar’is ayin; it may appear that he opened it on Shabbos” (see Shemiras Shabbos K’Hilchasa 24:15 and the footnote there).

Meoros Hadaf Hayomi Newsletters are published by the Sochachover Kollel of Bnei Brak, led by Rabbi Chaim Dovid Kovalsky. Meoros Hadaf Hayomi Newsletters in Hebrew and/or English are available for simcha and memorial dedications and are distributed by e-mail, dafyomi@hadaf-yomi.com.

About the Author: RABBI YAAKOV KLASS, rav of Congregation K’hal Bnei Matisyahu in Flatbush, Brooklyn, is Torah Editor of The Jewish Press. He can be contacted at yklass@jewishpress.com. RABBI GERSHON TANNENBAUM, rav of Congregation Bnai Israel of Linden Heights, Boro Park, Brooklyn, is the Director of Igud HaRabbanim – The Rabbinical Alliance of America.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Daf Yomi”

Comments are closed.

Current Top Story
This is what is left of the bus that was firebombed Saturday night.
Shhhhhhh! Police Now Say Bus was Firebombed Saturday Night
Latest Judaism Stories
Torat-Hakehillah-logo-NEW

In her diary, Anne Frank wrote words that provided hope for a humanity faced with suffering.

Leff-042415

The Arizal taught this same approach, making the point that the Torah would never mention wicked people and their sins if there was not great depth involved from which we are to learn from.

Staum-042415

Humility is not achieved when all is well and life is peachy but rather when times are trying and challenging.

In order to be free of the negative consequences of violating a shvu’ah or a neder, the shvu’ah or neder themselves must be annulled.

“I accept the ruling,” said Mr. Broyer, “but would like to understand the reasoning.”

He feared the people would have a change of heart and support Rechavam.

Ramifications Of A Printers Error
‘The Note Holder’s Burden of Proof’
(Kesubos 83b)

Question: If Abraham was commanded to circumcise his descendants on the eighth day, why do Arabs – who claim to descend from Abraham through Yishmael – wait until their children are 13 to circumcise them? I am aware that this is a matter of little consequence to our people. Nevertheless, this inconsistency is one that piques my curiosity.

M. Goldman
(Via E-mail)

In this case one could reason that by applying halach achar harov we could permit the forbidden bird as well.

“What a way to spend a Sunday afternoon,” my husband remarked. “Well, baruch Hashem we are safe, there was no accident, and I’m sure there is a good reason for everything that happened to us,” I mused.

The answer to this question is based on one of the greatest shortcomings of man – self-limiting beliefs.

Myth that niddah=dirty stopped many women from accepting laws of family purity and must be shattered

In every generation is the challenge to purge the culture of our exile from our minds and our hearts

Rabbi Fohrman connects the metzora purification process with the korban pesach.

The day after Israel was declared a State, everyone recited Hallel and people danced in the streets.

More Articles from Rabbi Yaakov Klass and Rabbi Gershon Tannenbaum
Daf-Yomi-logo

Ramifications Of A Printers Error
‘The Note Holder’s Burden of Proof’
(Kesubos 83b)

Daf-Yomi-logo

Oh My, It’s Copper!
‘…And One Who Is A Coppersmith’
(Kethubboth 77a)

The Heiress?
‘Determining The Daughter’s Status’
(Kesubos 68b-69a)

A Woman Of Valor
‘Would That He Listen To Me…’
(Kesubos 63a)

Her Children, Her Whim
‘Kesubas Bnin Dichrin’
(Kesubos 52b)

The Wedding Day Fast
‘He Accepts A Ring On Her Behalf’
(Kesubos 47a)

A Confession
‘Payment For Humiliation And Depreciation’
(Ketubbot 41a)

An Auto Accident
‘All Agree That They Are Exempt’
(Kesubbos 35a)

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/daf-yomi-49/2012/11/02/

Scan this QR code to visit this page online: