Opening the Cover of a Baby Carriage on Shabbos
Q. I know that you can’t put up a tent or open an umbrella on Shabbos. But can I open and close the cover of my baby carriage?
A. The Shulchan Aruch[1] rules that one is not allowed to build an Ohel – a roof or tent structure, on Shabbos. This prohibition applies when an Ohel is constructed to serve as a roof to protect the area, people or objects situated beneath it, from something, such as the rain or the sun[2].
If the Ohel is a permanent structure, erecting it would be Biblically forbidden. This is a derivative (Toldah) of the Melacha of Boneh – building[3]. Constructing a temporary Ohel is Rabbinically forbidden[4].
Adding to a pre-existing permanent Ohel is also forbidden. However, adding to a temporary Ohel will be permitted[5] in certain situations. Based on this, if a pre-existing temporary Ohel was already at least one tefach (8cm) wide, one may add to it or extend it further[6].
It is permissible to erect a temporary Ohel if one does not intend to create a cover for what is beneath it[7]. An example of this would be setting up a table top on top of its legs[8]. If one is also erecting ‘walls’ or if there were already ‘walls’ underneath the Ohel, it would remain forbidden[9].
Any Ohel which is forbidden to erect on Shabbos may also not be dismantled. This would be an act of Sosser - destroying.
The Case of the Folding Chair
The Shulchan Aruch brings the law of a Kisei Traskal[10]; a type of folding chair made from leather attached to a frame. When the frame is opened, the leather spreads out to create a seat. The Shulchan Aruch rules that opening such a chair is permissible on Shabbos and does not constitute an Ohel. One may do this even if there are walls beneath the seat[11].
In explaining this ruling, the Magen Avraham[12] quotes the explanation of Rashi[13] that one may open up the seat ‘because he has not done anything, he is merely setting it up.’ Rashi brings this in connection to setting up a pre-constructed ‘Ohel’ such as a bed. By extension, even though the folding chair needs to be spread out, since one is merely ‘setting it up’, it may be opened on Shabbos[14].
The Magen Avraham adds that based on this reason, one may erect a Chuppah on Shabbos. This ruling applies to a Chuppah that was attached to the poles before Shabbos, which is simply being opened up on Shabbos.
The Approach of some Acharonim
At first glance it seems that the Magen Avraham would allow one to open these types of items, even if it was for the purpose of a creating an Ohel. The rationale for allowing one to open such a stucture is because it was technically already assembled before Shabbos and is now merely being set in place. This is the understanding of the Mishna Berura[15].
Based on this, there were some Halachic authorities who suggested that it would be permissible to open and use an umbrella on Shabbos, since it too is preconnected and is only being ‘set in place’ on Shabbos. However, most Poskim, including the Mishna Berura, still rejected the allowance of umbrellas, based on other reasons and concerns[16].
According to this opinion a baby carriage hood may be opened and closed on Shabbos, as it too is already assembled and one is merely “setting it up”. The additional concerns raised in relation to the umbrella would not apply.
The Alter Rebbe’s Understanding
The Alter Rebbe[17] has a completely different understanding of the permissibility of opening the Kisei Traskal. He writes; “any temporary roof which one does not intend to make as an Ohel, is only forbidden to be spread over ‘walls’ if it was not attached to the walls before Shabbos.”
The Alter Rebbe qualifies that the law of the Kisei Traskal that allows a preconnected ‘Ohel’ to be opened up on Shabbos, is limited to when there is no intention to create an Ohel, such as when setting up a folding chair where there is no intention to shade or protect the area beneath it. However, if the intention is to create an Ohel, it remains forbidden even though the Ohel was preconnected before Shabbos.
If this is the case, why does the Magen Avraham allow a Chuppah to be opened? Seemingly a Chuppah is intended to serve as an Ohel and yet the Magen Avraham permits it.
The Acharonim[18] explain that the Chuppah under discussion is not being set up for shade or to protection to those who stand beneath it. The Chuppah is being set up for Kovod, to show honour to those standing beneath it. Therefore, it is not considered to be an Ohel. This is the basis for permitting a Tallis to be spread as a Chuppah over the Chosson Torah on Simchas Torah.
However, any Chuppah or similar structure which is being opened for the purpose of shading or protecting the area beneath it, remains forbidden. According to this understanding of the Alter Rebbe, it is clearly forbidden to open an umbrella, which is being set up to protect the person beneath it from the rain[19].
The Baby-carriage Hood
Based on this it seems that according to the Alter Rebbe, it would be forbidden to open or close the cover of a baby carriage on Shabbos, since it is being done for the purpose of an Ohel - to shade or cover the baby.
Indeed, this is the basis of the ruling of Rav Moshe Feinstein[20] who forbids opening or closing a carriage hood. The Ketzos Hashulchan[21] also rules stringently.
Even according to this opinion, if the carriage hood was open at least a Tefach (approximately 8cm) from before Shabbos, one could extend it more on Shabbos. This is permissible as one is only adding to an already existant temporary Ohel.
Similarly, when pushing the hood back, if one does not push it closed completely and is careful to leave it at least a Tefach open, this would not be considered as destroying an Ohel and would be completely permissible.
The Hinge Factor
There is still a basis to permit opening and closing a carriage hood, even according to the Alter Rebbe’s opinion. This is based on a ruling of the Alter Rebbe in the laws of Sukkah[22].
The Alter Rebbe writes about a roof covering which was erected above a Sukkah to protect it from the rain. This roof, referred to as a Shlock, can be opened when the Sukkah is in use and closed when the Sukkah is not in use or if it is raining.
The Alter Rebbe rules that even though the Shlock is made to be an Ohel, since it has hinges by which it is opened and closed, it is considered to be a door. Therefore, like a door, the Shlock may be opened and closed on Shabbos and Yomtov, even if it was not left open a Tefach before Shabbos.
Most carriage hoods are also operated with hinges and are made to open and close constantly. If so, the Heter of the Shlock should apply to a baby carriage hood as well. It should be permissible to open and close the baby-carriage hood without any concern. This is the ruling of the Be’er Moshe[23].
The same leniency would not apply to spreading a blanket over the carriage or using a ‘boot cover’, which is snapped, zipped or draped over the carriage and is not operated with hinges. If the ‘boot cover’ or blanket is higher than a Tefach above the inside of the bassinet[24], it will constitute an Ohel which is made for the purpose of sheltering from the elements and will be Rabbinically forbidden.
If the boot cover is being used, it should be attached before Shabbos and should always remain covering at least a Tefach length across the bassinet.
______________________________
[1] Orach Chaim Siman 315
[2] Eruvin 102a and commentary of Rashi, Shulchan Aruch Harav Orach Chaim 315:1
[3] Yerushalmi Shabbos 20:1, Rambam Hilchos Shabbos 22:27
[4] Eruvin 102a, Rambam Hilchos Shabbos 10:13
[5] Shabbos 125b, Rambam Hilchos Shabbos 22:27
[6] Eruvin 102a, Shulchan Aruch Orach Chaim 315:2
[7] Shulchan Aruch Harav Orach Chaim 315:9
[8] Rosh Beitza 4:11, Magen Avraham 315:7
[9] Tosfos Beitza 32b ד"ה מלמטה
[10] Orach Chaim 315:2
[11] Shulchan Aruch Harav Orach Chaim 315:13
[12] Orach Chaim 315:8
[13] Rashi Shabbos 138a
[14] Shaar Hatziyun 315:34
[15] 315:27
[16] See Biur Halacha ד“ה טפח where he distinguishes between an umbrella and a Kisei Traskal. The distinction seems weak and difficult to understand.
[17] Orach Chaim 315:13
[18] Tehillah Ledovid 315:8
[19] See Noda Biyehudah Mahadura Tanyana Orach Chaim 30
[20] Orach Chaim volume 4, responsa 105
[21] Ketzos Hashulchan 120:8
[22] Orach Chaim 626:20
[23] Volume 6, responsa 97
[24] An Ohel by definition must have a space of at least 1 Tefach height that it is covering over.
A. The Shulchan Aruch[1] rules that one is not allowed to build an Ohel – a roof or tent structure, on Shabbos. This prohibition applies when an Ohel is constructed to serve as a roof to protect the area, people or objects situated beneath it, from something, such as the rain or the sun[2].
If the Ohel is a permanent structure, erecting it would be Biblically forbidden. This is a derivative (Toldah) of the Melacha of Boneh – building[3]. Constructing a temporary Ohel is Rabbinically forbidden[4].
Adding to a pre-existing permanent Ohel is also forbidden. However, adding to a temporary Ohel will be permitted[5] in certain situations. Based on this, if a pre-existing temporary Ohel was already at least one tefach (8cm) wide, one may add to it or extend it further[6].
It is permissible to erect a temporary Ohel if one does not intend to create a cover for what is beneath it[7]. An example of this would be setting up a table top on top of its legs[8]. If one is also erecting ‘walls’ or if there were already ‘walls’ underneath the Ohel, it would remain forbidden[9].
Any Ohel which is forbidden to erect on Shabbos may also not be dismantled. This would be an act of Sosser - destroying.
The Case of the Folding Chair
The Shulchan Aruch brings the law of a Kisei Traskal[10]; a type of folding chair made from leather attached to a frame. When the frame is opened, the leather spreads out to create a seat. The Shulchan Aruch rules that opening such a chair is permissible on Shabbos and does not constitute an Ohel. One may do this even if there are walls beneath the seat[11].
In explaining this ruling, the Magen Avraham[12] quotes the explanation of Rashi[13] that one may open up the seat ‘because he has not done anything, he is merely setting it up.’ Rashi brings this in connection to setting up a pre-constructed ‘Ohel’ such as a bed. By extension, even though the folding chair needs to be spread out, since one is merely ‘setting it up’, it may be opened on Shabbos[14].
The Magen Avraham adds that based on this reason, one may erect a Chuppah on Shabbos. This ruling applies to a Chuppah that was attached to the poles before Shabbos, which is simply being opened up on Shabbos.
The Approach of some Acharonim
At first glance it seems that the Magen Avraham would allow one to open these types of items, even if it was for the purpose of a creating an Ohel. The rationale for allowing one to open such a stucture is because it was technically already assembled before Shabbos and is now merely being set in place. This is the understanding of the Mishna Berura[15].
Based on this, there were some Halachic authorities who suggested that it would be permissible to open and use an umbrella on Shabbos, since it too is preconnected and is only being ‘set in place’ on Shabbos. However, most Poskim, including the Mishna Berura, still rejected the allowance of umbrellas, based on other reasons and concerns[16].
According to this opinion a baby carriage hood may be opened and closed on Shabbos, as it too is already assembled and one is merely “setting it up”. The additional concerns raised in relation to the umbrella would not apply.
The Alter Rebbe’s Understanding
The Alter Rebbe[17] has a completely different understanding of the permissibility of opening the Kisei Traskal. He writes; “any temporary roof which one does not intend to make as an Ohel, is only forbidden to be spread over ‘walls’ if it was not attached to the walls before Shabbos.”
The Alter Rebbe qualifies that the law of the Kisei Traskal that allows a preconnected ‘Ohel’ to be opened up on Shabbos, is limited to when there is no intention to create an Ohel, such as when setting up a folding chair where there is no intention to shade or protect the area beneath it. However, if the intention is to create an Ohel, it remains forbidden even though the Ohel was preconnected before Shabbos.
If this is the case, why does the Magen Avraham allow a Chuppah to be opened? Seemingly a Chuppah is intended to serve as an Ohel and yet the Magen Avraham permits it.
The Acharonim[18] explain that the Chuppah under discussion is not being set up for shade or to protection to those who stand beneath it. The Chuppah is being set up for Kovod, to show honour to those standing beneath it. Therefore, it is not considered to be an Ohel. This is the basis for permitting a Tallis to be spread as a Chuppah over the Chosson Torah on Simchas Torah.
However, any Chuppah or similar structure which is being opened for the purpose of shading or protecting the area beneath it, remains forbidden. According to this understanding of the Alter Rebbe, it is clearly forbidden to open an umbrella, which is being set up to protect the person beneath it from the rain[19].
The Baby-carriage Hood
Based on this it seems that according to the Alter Rebbe, it would be forbidden to open or close the cover of a baby carriage on Shabbos, since it is being done for the purpose of an Ohel - to shade or cover the baby.
Indeed, this is the basis of the ruling of Rav Moshe Feinstein[20] who forbids opening or closing a carriage hood. The Ketzos Hashulchan[21] also rules stringently.
Even according to this opinion, if the carriage hood was open at least a Tefach (approximately 8cm) from before Shabbos, one could extend it more on Shabbos. This is permissible as one is only adding to an already existant temporary Ohel.
Similarly, when pushing the hood back, if one does not push it closed completely and is careful to leave it at least a Tefach open, this would not be considered as destroying an Ohel and would be completely permissible.
The Hinge Factor
There is still a basis to permit opening and closing a carriage hood, even according to the Alter Rebbe’s opinion. This is based on a ruling of the Alter Rebbe in the laws of Sukkah[22].
The Alter Rebbe writes about a roof covering which was erected above a Sukkah to protect it from the rain. This roof, referred to as a Shlock, can be opened when the Sukkah is in use and closed when the Sukkah is not in use or if it is raining.
The Alter Rebbe rules that even though the Shlock is made to be an Ohel, since it has hinges by which it is opened and closed, it is considered to be a door. Therefore, like a door, the Shlock may be opened and closed on Shabbos and Yomtov, even if it was not left open a Tefach before Shabbos.
Most carriage hoods are also operated with hinges and are made to open and close constantly. If so, the Heter of the Shlock should apply to a baby carriage hood as well. It should be permissible to open and close the baby-carriage hood without any concern. This is the ruling of the Be’er Moshe[23].
The same leniency would not apply to spreading a blanket over the carriage or using a ‘boot cover’, which is snapped, zipped or draped over the carriage and is not operated with hinges. If the ‘boot cover’ or blanket is higher than a Tefach above the inside of the bassinet[24], it will constitute an Ohel which is made for the purpose of sheltering from the elements and will be Rabbinically forbidden.
If the boot cover is being used, it should be attached before Shabbos and should always remain covering at least a Tefach length across the bassinet.
______________________________
[1] Orach Chaim Siman 315
[2] Eruvin 102a and commentary of Rashi, Shulchan Aruch Harav Orach Chaim 315:1
[3] Yerushalmi Shabbos 20:1, Rambam Hilchos Shabbos 22:27
[4] Eruvin 102a, Rambam Hilchos Shabbos 10:13
[5] Shabbos 125b, Rambam Hilchos Shabbos 22:27
[6] Eruvin 102a, Shulchan Aruch Orach Chaim 315:2
[7] Shulchan Aruch Harav Orach Chaim 315:9
[8] Rosh Beitza 4:11, Magen Avraham 315:7
[9] Tosfos Beitza 32b ד"ה מלמטה
[10] Orach Chaim 315:2
[11] Shulchan Aruch Harav Orach Chaim 315:13
[12] Orach Chaim 315:8
[13] Rashi Shabbos 138a
[14] Shaar Hatziyun 315:34
[15] 315:27
[16] See Biur Halacha ד“ה טפח where he distinguishes between an umbrella and a Kisei Traskal. The distinction seems weak and difficult to understand.
[17] Orach Chaim 315:13
[18] Tehillah Ledovid 315:8
[19] See Noda Biyehudah Mahadura Tanyana Orach Chaim 30
[20] Orach Chaim volume 4, responsa 105
[21] Ketzos Hashulchan 120:8
[22] Orach Chaim 626:20
[23] Volume 6, responsa 97
[24] An Ohel by definition must have a space of at least 1 Tefach height that it is covering over.