web analytics
September 1, 2014 / 6 Elul, 5774
At a Glance
Judaism
Sponsored Post
Jerusalem Mayor Nir Barkat (L) visits the JewishPress.com booth at The Event. And the Winners of the JewishPress.com Raffle Are…

Congratulations to all the winners of the JewishPress.com raffle at The Event



Melachot, Permanence, And Umbrellas

Certain activities – such as building, tying, weaving, writing, dyeing and sewing – are not prohibited on Shabbat unless they are made to last. For example, one may tie a knot that is not tied in a professional manner and will be untied within seven days, such as shoelaces or the ribbon around the Torah scroll, on Shabbat afternoon. So too a safety pin may be used on Shabbat since it is not a form of permanent sewing. Similarly, writing or painting with fluid that fades away, or writing on a substance that does not retain script, is not a melachah in the Torah sense of the term (melachah de’oreita), though it is rabbinically prohibited (melachah derabbanan).

When do the above activities become permanent and, therefore, a melachah de’oreita? According to the Rambam, if the product lasts throughout Shabbat it is a melachah de’oreita. According to Rashi, however, it must have the ability to last forever.

May one build a structure on Shabbat if one intends to take it apart on Shabbat shortly after its use? This question is debated between two sages in the Jerusalem Talmud. Rabbi Yosi Bar Nun maintains that it is prohibited because the Mishkan itself, from which we derive the 39 melachot, was a temporary structure. Rabbi Yosah disagrees. He maintains that it is permitted because in his view the Mishkan was, in the eyes of the people, a permanent structure. They never knew when God would require them to move on and until such time they lived their lives in a state of permanence.

Whereas the Jerusalem Talmud rules in accordance with the first view, the Babylonian Talmud rules in accordance with the second and maintains that this type of structure is not considered a melachah at all. The debate is picked up by Rishonim and Acharonim in connection with the construction of a provisional tent on Shabbat. According to the Rif, this is a melachah de’oreita. According to the Rambam, it is a melachah derabbanan. And according to Rashi and the Rosh, constructing a provisional tent is permissible in the first place.

Based on the above authorities who prohibit the construction of a provisional tent on Shabbat, the Noda Beyehudah considered the opening of an umbrella on Shabbat a melachah de’oreita and prohibited its use in his community, even if opened before Shabbat, because onlookers would think it was opened on Shabbat (marit ayin).

Conversely, basing himself on the authorities who permit the construction of a provisional tent on Shabbat, the Chatam Sofer maintains that using an umbrella on Shabbat is not even a melachah derabbanan and he did not object to it in his community in the presence of an eruv.

The consensus of opinion among today’s poskim prohibits the use of an umbrella on Shabbat even in the presence of an eruv. The Chofetz Chaim prohibits it because, irrespective of its temporary nature, it is intended to be used as a tent for protection against the elements. The Chazon Ish prohibits it because it makes Shabbat look like a working day. Rav Ovadia Yosef, after summarizing all the authorities for and against, sides with the authorities who prohibit it.

About the Author: Raphael Grunfeld’s book, “Ner Eyal on Seder Moed” (distributed by Mesorah) is available at OU.org and your local Jewish bookstore. His new book, “Ner Eyal on Seder Nashim & Nezikin,” will be available shortly.


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.

One Response to “Melachot, Permanence, And Umbrellas”

  1. Tamarah Hood says:

    Ponchos on sale at Dollar Stores…. :-)

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Eyal Yifrach, Gilad Shaar, Naftali Frenkel: three Israeli teens kidnapped and murdered on June 12, 2014 by Hamas terrorists in Gush Etzion. In their memory, Israel decided this week to designate a lot as state land, near the site where they were abducted.
Obama White House Condemns Designation of Gush Etzion Lot as ‘State Land’
Latest Judaism Stories
The_United_Nations_Building

It is in the nature of the Nations of the World to be hostile towards the Jewish People.

Taste-of-Lomdus-logo

First, how could a beis din of 23 judges present a guilty verdict in a capital punishment case? After all, only a majority of the 23 judges ruled in favor of his verdict.

Of paramount importance is that both the king and his people realize that while he is the leader, he is still a subject of God.

Daf-Yomi-logo

Untimely News
‘A Mourner Is Forbidden To Wear Shoes…’
(Mo’ed Katan 20b)

Question: The Gemara in Berachot states that the sages authored our prayers. Does that mean we didn’t pray beforehand?

Menachem
Via Email

When a person feels he can control the destiny of other people, he runs the risk of feeling self-important, significant, and mighty.

Needless to say, it was done and they formed a great relationship as his friend and mentor. He started attending services and volunteered his time all along putting on tefillin.

He took me to a room filled with computer equipment and said, “You pray here for as long as you want.” I couldn’t believe my ears.

On Friday afternoon, Dov called Kalman. “Please make sure to return the keys for the car on Motzaei Shabbos,” he said. “We have a bris on Sunday morning and we’re all going. We also need the roof luggage bag.”

On Chol HaMoed some work is prohibited and some is permitted. According to some opinions, the work prohibition is biblical; according to others, it’s rabbinical.

If there is a mitzvas minuy dayanim in the Diaspora, then why is there a difference between Israel and the Diaspora in the number of judges and their distribution?

Judaism is a religion of love but also a religion of justice, for without justice, love corrupts.

The time immediately preceding Mashiach’s arrival is likened to the birth pangs of a woman in labor.

Eisenhower understood that motivated men will fight much harder and longer than unmotivated men.

More Articles from Raphael Grunfeld
Grunfeld-Raphael-NEW

On Chol HaMoed some work is prohibited and some is permitted. According to some opinions, the work prohibition is biblical; according to others, it’s rabbinical.

Grunfeld-Raphael-NEW

Based on the opinion of the Ramban, the Territorial School believes that leaving any territory of the Land of Israel in the possession of non-Jews is a violation of a biblical mandate.

To properly fulfill the mitzvah of listening to the megillah, each word must be heard.

If the only person available to perform the milah on the eighth day is a person who is not an observant Jew, the milah should be postponed until a devout mohel is available.

The kohen gadol may not enter the Temple unless his hair is cut every seven days.

A commonly employed and permissible device regarding the prohibition of wearing fresh clothes during the Nine Days is to don them for a moment or two before the Nine Days.

The prayer of Mashiv haruach u’morid hageshem mentions God’s rainmaking powers but it is not an immediate request for rain.

According to the Bach, Rosh Hashanah is referred to as moed, festival, the same term the Torah uses to describe Pesach, Shavuot and Sukkot.

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/melachot-permanence-and-umbrellas/2012/12/06/

Scan this QR code to visit this page online: