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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.
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Leading by example must be visible, regarding where, when and how-like Nachshon entering the Red Sea
Rabbi Yaakov Nagen, a Ram at Yeshivat Otniel, notes that the verse is suggesting that retelling the story of the Exodus is so important that Hashem is performing ever-greater miracles specifically so that parents can tell their stories to future generations.
Before performing the 10th plague God makes a fundamental argument about the ultimate nature of justice.
How is it possible that the clothing was more valuable to them than gold or silver?
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.
“It means that the disqualification of relatives as witnesses is a procedural issue, not a question of honesty,” explained Rabbi Dayan.
Property ownership is an extremely important and fundamental right and principle according to the Torah.
The tenderest description of the husband/wife relationship is “re’im v’ahuvim/loving, kind friends”
And if a person can take steps to perform the mitzvah, he should do so (even if he won’t be held accountable for not performing it due to circumstances beyond his control).
Suddenly, she turns to me and says, “B’emet, I need to thank you, you made me excited to come back to Israel.”
Pesach is called “zikaron,” a Biblical term used describing an object eliciting a certain memory
Recouping $ and assets from Germans and Swiss for their Holocaust actions is rooted in the Exodus
Pharaoh perverted symbols of life (the Nile and midwives) into agents of death.
A more difficult situation arises when there is no evidence placing the missing husband at the site of the death.
When the inability cannot be clearly attributed to either spouse, the halacha is the subject of debate among the Rishonim.
The child of a Jewish mother from a union with a non-Jewish father is not a mamzer.
Although the conversion ceremony involves more than circumcision and immersion, these are the two essential requirements, without which the conversion is ineffective.
If a man dies childless, the Torah commands the deceased’s brother to marry his brother’s widow in a ceremony known as yibum, or to perform a special form of divorce ceremony with her known as chalitzah.
What if, at the moment of the late brother’s death, the surviving brother cannot effect yibum because the widow is a niddah?
Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/melachot-permanence-and-umbrellas/2012/12/06/
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