Question #1: Umbrellas and Eruvs
“Why can’t I use an umbrella on
Yom Tov or on
Shabbos within an
eruv? Is it a
mitzvah to get wet?”
Question #2: My Shabbos Nap
“May I shade an area for my
Shabbos nap by throwing a blanket on top of some lawn chairs?”
Question #3: Cocktail Torah
“May I place a cocktail umbrella on top of a drink on
Shabbos?”
Answer: The original sunscreen
The umbrella, or parasol, was invented in the eighteenth century and came into use very quickly as a simple and practical way to be protected from the rain and the harshest rays of the sun. Shortly after its invention, we already find discussion among great
halachic authorities whether this “new apparatus” could be used on
Yom Tov or
Shabbos in a location where carrying is permitted. Before analyzing their positions, we need to discuss the laws regarding the construction of an
ohel on
Shabbos and
Yom Tov.
Building and roofing
One of the 39
melachos, categories of work that the Torah forbids on
Shabbos, is
boneh, constructing (
Mishnah Shabbos 73a). A subheading, or
toldah, of
boneh is making an
ohel kavua, which translates literally as creating a
permanent roof or shelter (
Rambam, Hilchos Shabbos 10:13). Constructing an
ohel arai, a “
temporary” roof, on
Shabbos or
Yom Tov, was not forbidden by the Torah, but was prohibited by
Chazal, our early Sages. Now we need to define:
- What is considered a permanent ohel that is prohibited min hatorah?
- How do we define a temporary ohel, so that we know what is prohibited because of a rabbinic injunction?
- What type of covering, if any, is permitted?
What is an ohel kavua?
Based on how the
Rif (
Shabbos, beginning of Chapter 20), the earliest of the great
halachic codifiers, presented the topic, most respected authorities understand him to rule in the following way: Virtually
anything that covers an empty area at least a
tefach (about three to four inches) long, a
tefach wide and a
tefach high is
halachically considered a permanent
ohel. This “roof” does not need to be connected to the ground in any way. According to this approach, assembling such a covering is a violation of Torah law, even if the
ohel is intended to exist for only a short period of time. The defining line between a permanent
ohel and a “temporary” one (
ohel arai), which was not prohibited by the Torah but only by the Sages, is that an
ohel kavua has a “roof” that is one
tefach squared, whereas an
ohel arai’s “roof” is narrower than a
tefach.
If the
ohel is not flat on top, but peaked, yet it widens to a
tefach squared within three
tefachim of its peak, it is also an
ohel kavua that is prohibited,
min hatorah, to assemble on
Shabbos. Only if it is very narrow on top and does not widen at all, or only widens at a lower point, does it qualify as an
ohel arai, whose construction is prohibited only because of rabbinic injunction.
Thus, according to this opinion, throwing a blanket over a few lawn chairs so that you can crawl underneath to play or relax violates a Torah prohibition. Even those who hold that this does not violate a Torah law agree that it is prohibited because of a rabbinic injunction.
We can already answer one of the questions asked above: “May I shade an area for my
Shabbos nap by throwing a blanket on top of some lawn chairs?”
According to all opinions, this is prohibited. Some opinions hold that this is prohibited
min hatorah.
What is permitted?
When is it permitted to make a temporary
ohel?
According to this opinion, there are two situations in which a temporary cover, roof or tent may be assembled on
Shabbos or
Yom Tov.
- When the area being covered is less than a tefach in height (see Shu’t Noda Biyehudah. Orach Chayim 2:30, s.v. Vehinei; Nimla Tal, Boneh, 15). Covering an area this low is not considered creating a “roof.”
- When the ohel is very narrow — less than a tefach wide — and it is attached to something to make it easier to open and close (see Shabbos 138a). Since the area being covered is less than a tefach wide, it is not considered an ohel area min hatorah. We mentioned above that covering such an area is usually still prohibited, because of a rabbinic injunction. However, when there is some form of hinge to make its opening and closing easier, or any other indication that the ohel is meant to be opened and closed frequently, Chazal permitted its use on Shabbos or Yom Tov.
In addition, if a temporary
ohel exists from before
Shabbos or
Yom Tov, it is permitted to open and close it. It is also permitted to make the
ohel wider (
Eruvin 102a).
A differing approach
Not all authorities accept this approach that assembly of any “roof” over an area of a
tefach squared is an
ohel kavua prohibited
min hatorah. Others rule that anything temporary is prohibited only because of a rabbinic injunction (
Mishnah Berurah 315:34). This latter approach contends that any temporary
ohel that is hinged, or has some other indication that it is meant to be opened and closed regularly, may be opened and closed on
Shabbos, even when it covers an area a
tefach squared. Thus, some authorities rule that one may open and close the hood of a baby carriage on
Shabbos, since it is clearly meant to be closed temporarily, and it is hinged to facilitate its opening and closing (
Chazon Ish, Orach Chayim 52:6). Other authorities are less lenient, requiring that opening the hood on
Shabbos is permitted only when it was open the width of a
tefach before
Shabbos (
Magen Avraham 315:4;
Shu’t Igros Moshe, Orach Chayim 4:105:3;
Ketzos Hashulchan 120:4).
London, 1782
One of the first internationally distinguished authorities to discuss whether one may use an umbrella on
Yom Tov or
Shabbos is the
Noda Biyehudah, Rav Yechezkel Landau, renowned
posek hador and Chief Rabbi of Prague (
Shu’t Orach Chayim, 2:30). Sometime in late 1782, as the American Revolution was beginning to wind to a close, Rav Leib Hakohen, a
talmid chacham in London, sent a missive to the
Noda Biyehudah. Their correspondence was not about how the redcoats and their Hessian mercenaries were getting by in the western hemisphere, but about important
halachic matters. Rav Hakohen wrote that he felt that one may not use an umbrella on
Shabbos, but that he had sent the question to a different, unnamed
posek who permitted it. Rav Hakohen was still not comfortable with the lenient approach and, therefore, wrote to the
Noda Biyehudah, presenting the two reasons why the first
rav had ruled leniently. (Based on his level of scholarship, we may assume that the first
rav was not from the American colonies.)
The first reason to permit use of umbrellas on
Shabbos and
Yom Tov was this
posek’s opinion that an
ohel must cover a specific, defined area, and an item which is constantly being moved from place to place, such as an umbrella, does not qualify as an
ohel. The permitting rabbi substantiated this position on the basis of his understanding of
Rashi (
Shabbos 138b s.v.
ela) that an item meant only to cover a person does not qualify as an
ohel for the purposes of the laws of
Shabbos. This is based on the following:
The
Gemara rules that a type of felt hat called a
siyana may not be worn on
Shabbos if its brim is a
tefach wide.
Rashi explains that the
Gemara’s conclusion that a wide-brimmed
siyana may not be worn on
Shabbos is because of concern that it will be blown off, and when the wearer retrieves it he may come to carry it in a public area, thus desecrating
Shabbos.
The
posek questioned why
Rashi did not prohibit wearing a
siyana on
Shabbos because of making an
ohel arai on
Shabbos, since the brim is a
tefach wide. The
posek answered that since a hat is meant only to shelter a person who moves, this does not qualify as an
ohel, which he defines as something that shelters a location. He rallied further evidence substantiating the truth of this principle by noting that, regarding the laws of
tumas ohel, the
Mishnah mentions several items, a bird in flight, fluttering cloth, or a ship that is sailing, that are not considered an
ohel because they are in motion (
Ohalos 8:4).
The second reason to permit the umbrella was based on the fact that it is hinged, to ease opening and closing. The permitting rabbi held that any temporary covering cannot possibly involve a Torah prohibition — the issue with an umbrella is only whether opening and carrying it violates the rabbinic injunction of an
ohel arai. Since an umbrella is hinged, he felt that there are two valid reasons to permit using an umbrella on
Yom Tov and on
Shabbos within an
eruv, although he admitted that some of the evidence for his position might be refutable.
However, Rav Hakohen felt that the reasons to be lenient were not sufficient and therefore referred the question to the
Noda Biyehudah.
First response: Prague, 1783
On the eighteenth of Shevat, 5543 (1783), the
Noda Biyehudah responded to Rav Hakohen, disputing both reasons of the permitting rabbi. He pointed out that careful analysis of the sources would reach the opposite conclusion. The
Noda Biyehudah explained that there are many other ways to understand what
Rashi wrote, such that they do not prove that something covering only a person is not an
ohel. Furthermore, most authorities disagree with
Rashi and, indeed, understand that wearing a
siyana is prohibited on
Shabbos because of the laws of
ohel.
The
Noda Biyehudah reports that several years previously, when the umbrella was first introduced to Prague, he taught publicly that it is strictly forbidden to use it on
Shabbos, and that the prohibition might be
min hatorah. He bases his approach on the
Rif’s opinion that it is forbidden,
min hatorah, to create any
ohel that covers an area that is a
tefach squared, which will certainly forbid the use of an umbrella. The
Noda Biyehudah mentions that the majority of the people of Prague do not use umbrellas on
Shabbos, in accordance with his ruling. He contends that, notwithstanding the fact that other
rishonim (
Rosh, Shabbos 20:2) clearly dispute the
Rif’s definition of
ohel, the
Rif’s opinion should not be disregarded. Furthermore, in this instance, the
Rambam (
Hilchos Shabbos 22:29) may agree with him. Thus, we have two of the three great
halachic codifiers (the
Rosh being the third) ruling that a roof or awning constructed for very short term use may be prohibited
min hatorah, if it is more than a
tefach squared. This description seems to fit an umbrella very accurately. The
Noda Biyehudah concludes that, indeed, the
Rosh may be the only early authority that disputes this conclusion of the
Rif, and that even the
Rosh would prohibit use of an umbrella on
Shabbos, albeit only because of the rabbinic injunction on an
ohel arai. Many other authorities accept the
Noda Biyehudah’s analysis of the topic (
Aruch Hashulchan, Orach Chayim 301:113; 315:12;
Shu’t Sho’el Umeishiv 3:2:42).
Nineteenth century Bratislava
On the other hand, the
Chasam Sofer (Shu’t Orach Chayim #72) saw the responsum of the
Noda Biyehudah and took issue with his analysis of the topic. In an undated
halachic essay, the
Chasam Sofer, posek hador of his generation and
rav of Pressburg, concludes that although he does not recommend using an umbrella on
Shabbos, he is not convinced that it is prohibited, and feels that if it is, it should be only because of rabbinic injunction, and not because it violates Torah law.
The
Chasam Sofer first contends that no authorities hold that any type of temporary construction is prohibited
min hatorah. Thus, he disputes those who interpret that the
Rif and the
Rambam hold that a temporary cover may be prohibited
min hatorah. Second, the
Chasam Sofer contends that something movable cannot be prohibited because of
boneh, since all construction in the
mishkan, which is the source of the
melachos of
Shabbos, was not movable. Third, there is no Torah concept of
ohel unless the covering has walls that reach the ground. To sustain the last position, he notes that the
Rif, himself, implies that this is a defining factor of an
ohel kavua.
The
Chasam Sofer contends that once he has established that an umbrella cannot possibly be an
ohel according to Torah law, opening or carrying it on
Shabbos is not even prohibited because of rabbinic injunction, because of its hinges, which are meant to facilitate its use. The
Chasam Sofer thus concludes that although he does not advise using an umbrella on
Shabbos, there is no technical violation in using it. He permits asking a gentile to open an umbrella on
Shabbos for one to use, implying that he sees no problem at all with carrying it afterwards (obviously within the confines of an
eruv). Several prominent
halachic authorities follow this approach and permit use of an umbrella on
Shabbos (
Beis Meir, Orach Chayim 315;
Daas Torah 301:40).
A lawn umbrella
We should note that the arguments raised by the
Chasam Sofer as to why an umbrella is
not an
ohel may not apply to a lawn umbrella. This apparatus is meant for use in a backyard or garden, to provide shade against the sun. It is often left in its open position for months on end, or even indefinitely. Several prominent authorities contend that any
ohel meant to remain open for more than a week is considered permanent, which would make it a Torah prohibition to open it (
Pri Megadim, Mishbetzos Zahav 315:8;
Eishel Avraham 315:1
; Tiferes Yisroel, Kilkeles Shabbos 34:2).
In addition, since a lawn umbrella is not moved from one location to another, another of the
Chasam Sofer’s reasons to permit a regular umbrella does not apply. Although one of the
Chasam Sofer’s reasons, that an
ohel is prohibited only when its “walls” reach the ground, applies to a lawn umbrella, it is difficult to rely only on this justification to permit opening a lawn umbrella on
Shabbos. Therefore, there is strong reason to prohibit opening a lawn umbrella, even by a gentile, even according to the
Chasam Sofer.
The position of the Chazon Ish
A third approach to the question of whether an umbrella may be used on
Shabbos and
Yom Tov is presented by the
Chazon Ish (
Orach Chayim 52:6). Although he concludes that it is prohibited to use an umbrella on
Shabbos, his ruling is based on completely different considerations. He rejects the
Noda Biyehudah’s position, contending that since umbrellas are meant for temporary use and are hinged for this purpose, opening them on
Shabbos is not considered creating an
ohel, just as opening and closing a door on
Shabbos is not prohibited as an act of construction, since both are meant to be opened and closed frequently. The
Chazon Ish rejects the position that any
rishonim disagree with this definition of
ohel. As I mentioned above, upon this basis, the
Chazon Ish permits opening and closing the hood of a baby carriage on
Shabbos. However, as I noted above, most authorities do not understand the
Rif’s position as the
Chazon Ish does, and consequently rule that one should leave the hood open at least a
tefach before
Shabbos.
Notwithstanding that the
Chazon Ish rejects the
Noda Biyehudah’s approach to the topic, he prohibits using an umbrella on
Shabbos for two other, completely different reasons. First, he suggests that opening an umbrella might be prohibited because of
tikun maneh, a general prohibition of completing items, which is a subcategory of the
melachah of
makeh bepatish. He then rules that opening an umbrella is forbidden as a
takanas chachamim established by the Torah leadership of the recent generations to reinforce the sanctity of
Shabbos.
Umbrellic conclusion
As I noted above, most authorities contend that there are
rishonim who prohibit
min hatorah creating a temporary
ohel on
Shabbos, if it is a
tefach wide. It is indeed widespread custom to prohibit carrying an umbrella on
Yom Tov or
Shabbos, either because we are concerned about the prohibition of
ohel, or, perhaps, because of the reasons advocated by the
Chazon Ish.
A cocktail umbrella
At this point, I would like to discuss the last of our opening questions: “May I place a cocktail umbrella on a drink on
Shabbos?”
A cocktail umbrella is a tiny umbrella used to decorate a glass. Since it does not resemble an
ohel in any way, opening it on
Shabbos is permitted.
Conclusion
Rav Samson Raphael Hirsch (
Shemos 20:10) notes that people mistakenly think that work is prohibited on
Shabbos in order to provide a day of rest. This is incorrect, he points out, because the Torah does not prohibit doing
avodah, which connotes hard work, but
melachah, which implies purpose and accomplishment. On
Shabbos, we refrain from constructing and altering the world for our own purposes. The goal of
Shabbos is to emphasize
Hashem’s dominion as the focus of creation by refraining from our own creative acts (
Shemos 20:11). By refraining from building for one day a week, we acknowledge the true Builder of the world and all that it contains.