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Shabbos 138

1) HALACHAH: USING AN UMBRELLA ON SHABBOS

QUESTIONS: The Gemara says that a person is permitted to unfold a folding chair ("Kisei Traskal") on Shabbos even though doing so creates a shelter over the space underneath the chair.

(a) What is the Halachah regarding opening an umbrella on Shabbos? Is it the same as a folding chair?
(b) Furthermore, if an umbrella is opened before Shabbos, may one carry it over his head on Shabbos? Is it the same as standing a bed upright that was on its side, which the Gemara permits?

ANSWERS:

(a) The NODA B'YEHUDAH (OC 1:30) says that it is prohibited to open an umbrella on Shabbos, because one thereby creates an Ohel. The CHASAM SOFER (OC 72) also rules that it is prohibited. The BI'UR HALACHAH (OC 315:7) explains that it is not similar to a folding chair, because such a chair unfolds right into position. An umbrella, however, is different, because the metal rods keep the umbrella locked in the open position, and these must be clicked into place when unfolding the umbrella. Because of this, opening an umbrella is deemed constructing an Ohel, and not merely putting an object in a different position.

(b) Regarding an umbrella that was opened prior to Shabbos, the Bi'ur Halachah writes that it is prohibited to carry it on Shabbos because wherever a person walks while carrying the umbrella, he is making a new Ohel in that place (since he is holding the umbrella for the sake of it serving as an Ohel by protecting the space underneath it).

Of course, in a place where there is no Eruv it is prohibited to carry an umbrella for an additional reason, since carrying it comprises Hotza'ah in Reshus ha'Rabim.

138b

OPINIONS: The Gemara says that under certain conditions, a "Si'ena" may be worn on Shabbos, while under other conditions, it is prohibited. What is a "Si'ena," and under what conditions is it permitted or prohibited?

(a) RASHI says that a "Si'ena" is a wide-brimmed hat. If it is not worn *tightly* (Mehudak) on the head, there is a fear that the wind might blow it off one's head and one might then carry the hat in Reshus ha'Rabim. ("Mehudak," according to Rashi, means "tight" and is the condition for *permitting* a hat to be worn.)

(b) TOSFOS cites RABEINU CHANANEL who says that a "Si'ena" is a hat or head covering. When the brim is made from a hard material that does *not bend*, it is prohibited to wear it on Shabbos because it is an Ohel. If the brim is soft and pliable, it may be worn on Shabbos. ("Mehudak," according to Rabeinu Chananel, means that it "does not bend" and is the condition for *prohibiting* a hat to be worn.)

(c) The RAMBAM says that a "Si'ena" refers to any Talis or overgarment that a person drapes over his head which protrudes in front of him or to the sides. If it is tightly bound to his head *and* it is stiff and does not bend, it is like an Ohel and may not be worn. (Apparently, "Mehudak," according to the Rambam, means both that it is "tight" and that it "does not bend," and it is the condition for *prohibiting* a hat to be worn - TESHUVOT RADVAZ in Leshonos ha'Rambam.)

HALACHAH: Is it permitted to go out with a hat with a wide, stiff brim? According to Rabeinu Chananel it should be prohibited, and according to Rashi it should be prohibited if it is not worn tightly on one's head.

The MISHNAH BERURAH (OC 301:152) lists a number of reasons to permit wearing a hat on Shabbos.

(a) First, the Magen Avraham says that if the brim of a hat is sloped downward, it is not considered an Ohel and may be worn.
(b) Second, we may rely on Rashi's opinion that it is only prohibited if it is not worn tightly.
(c) Third, the hats that we wear are not worn in order to provide shade.
(d) Finally, if the brim is not stiff, it is certainly permitted.

OPINIONS: Rav says that a "Gud b'Kisna" may be spread by two people on Shabbos but not by one person. Abaye adds that a "Kilah" may not be spread even by ten people. What are these objects and why are they forbidden to be spread?

(a) RASHI cites the explanation of his teachers who say that a "Gud b'Kisna" refers to a removable leather pouch (used for storing liquids) that is attached by its straps to its normal resting place. Two people may set it up on its normal resting place because they are unable to stretch it properly. One person, though, is able to set it up properly by stretching one side around one peg and tying it, and then stretching the other side around the other peg and tying it. Rashi concludes, though, that he does not know what this is (i.e. why two can't tie it tightly, or why it is prohibited if it is done tightly).

(b) The RA'AVAD (Hilchos Shabbos 22:32) explains that "Gud b'Kisna" refers to a horizontal curtain which is hung from rings which protrude from the walls on either side. If the curtain can be hung without stretching out the creases, it is permitted, because it does not appear that an Ohel is being made, or that the creases are being stretched out and the curtain "fixed." (Apparently, we are dealing with a curtain that is already spread one Tefach before Shabbos, and may be spread the rest of its length on Shabbos.) If the creases are stretched, though, it appears as if a new Ohel is being made (since the change in creases makes it appear like a new fabric) or like the curtain is being fixed.

One person may not set up the curtain because he is unable to line up the rings properly and he has no choice but to stretch out the creases. Similarly, when ten people put up a large curtain (a "Kilah"), they are unable to line up the rings properly and they will have to change the creases.

(c) The RAMBAM (ibid.) says that a "Gud b'Kisna" is a hanging curtain. It may not be hung by one person, because it is not possible for him to hang it without it draping over and forming a roof (Ohel) at some point. Two people, though, can hang it without it ever draping over and forming a roof. However, a canopy with a horizontal roof built into, it may not be set up vertically to be used as a divider even by ten people, because it is inevitable that at some point its roof will lift up slightly and form an Ohel over the ground.

(d) RASHBA in the name of RABEINU YONAH also says that Gud b'Kisna is a curtain. If this curtain is all set up at once (by two people), then it is permitted since it is not similar to Binyan, which is performed stage by stage. However, if one part is placed into position first and then the next part, it looks like Binyan and is prohibited.

Since one person can only set up a "Gud" part by part, it is prohibited. A large curtain, though, cannot be set up all at once even by ten people, and therefore it too is prohibited.