web analytics
March 6, 2015 / 15 Adar , 5775
At a Glance
Judaism
Sponsored Post


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.

Current Top Story
A snow storm with freezing rain struck the New York area, turning the roads and runways into skating rinks.
Delta Plane Crash, Snowstorm Paralyze LaGuardia Airport in NYC
Latest Judaism Stories
Rebbetzin Esther Jungreis

To the glee of all Israel haters it was Netanyahu who was accused of endangering US-Israel relations

Ki Tisa_lecture

Over and over, the text tells us about “keeping” Shabbat, about holiness, and a covenant – but why?

Aaron and  The Golden Calf by James Tissot

Aharon’s guilt with the golden calf is not clear-cut. What if Moshe were in his brother’s place?

Rabbi Sacks

The Sabbath is a full dress rehearsal for an ideal society that has not yet come to pass-but will

When Hashem told Moshe of the option to destroy the people and make him and his descendants into a great nation, Hashem was telling Moshe that it is up to him.

Just like Moses and Aaron, Mordechai decides to ruin the party…

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

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)

Why would the exemption of women from donating the half shekel exempt them from davening Musaf?

This concept should be very relevant to us as we, too, should be happy beyond description.

The Holocaust was the latest attempt of Amalek to destroy the special bond that we enjoy with God.

One can drink up to the Talmud’s criterion to confuse Mordechai and Haman-but not beyond.

“The voice is the voice of Yaakov, but the hands are the hands of Esav” gives great insight to Purim

Purim is the battleground of extremes, Amalek and Yisrael, with Zoroastrian Persia in between.

One should not give the money before Purim morning or after sunset.

More Articles from Raphael Grunfeld
Grunfeld-Raphael-logo

Moreover, even if the perpetrator of the capital offense is never actually executed, such as when the fatal act was unintentional, Kam Lei applies and the judge cannot award damages.

Grunfeld-Raphael-logo

One of the purposes of the ketubah money is to make it difficult for a husband to capriciously divorce his wife.

A more difficult situation arises when there is no evidence placing the missing husband at the site of the death.

The court cannot solely rely on death certificates issued by non-Jewish institutions without conducting its own investigation into the facts of the case.

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.

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: