Using Tree Swings on Shabbos
Q. On one of the streets in our neighbourhood there is a tree that has a swing suspended from one of the branches. My kids love going on it each time we walk past. Is there an issue of using the swing on Shabbos?
On Shabbos one is not allowed to climb trees[1]. This is a Rabbinic restriction that was instituted by the sages to prevent someone coming to break off part of the tree, which would be a violation of the Biblical Melacha of Kotzer[2]. Whilst the Gemara could be understood as teaching that the Rabbinic prohibition does not apply to dead trees during the dry season[3], the Halacha follows the interpretation of Rif and Rambam who do not make any distinction and prohibit climbing all trees, irrespective of the season[4].
Direct use of Trees
In addition, the sages also prohibited using trees on Shabbos (Mishtamesh B’Ilan). This includes placing things on a tree, draping a coat over a tree branch, removing something from a tree (even if it was there from before Shabbos) or tying an animal to a tree[5]. Similarly, one may not remove a ball or other object that became lodged in a tree, as this is also considered Mishtamesh B’ilan[6].
One may touch a tree provided that it does not move as a result[7]. Moving the tree by touching it, is forbidden as the tree is considered Muktzah.
Whether one may lean on a tree on Shabbos or not, is disputed by the Poskim. Magen Avraham[8] cryptically writes about leaning on a tree, that “healthy is permitted, weak is forbidden”. The Alter Rebbe[9] understands the distinction as referring to the tree. If the tree is sturdy, so that it will not move as a result, one may lean on it on Shabbos. One may not lean on a weak tree, which will move if one leans on it.
In contrast, the Mishna Berura[10] understands the distinction between weak and healthy as referring to the person who is leaning on the tree. A healthy person may lean on a sturdy[11] tree, because they do not lean their full weight on the tree[12]. Therefore, it is not considered “using” the tree. A weak person will lean their full weight on the tree and it is therefore considered “use” of the tree, which is forbidden[13].
Indirect use of Trees
In addition to forbidding the direct use of trees, the sages also forbade using things that are attached to or touching a tree. This is refered to as Tzedadei Ilan, literally “the sides of the tree”[14]. For example, if the tree had a hook attached to it, one would not be allowed to use the hook on Shabbos. Another example would be climbing a ladder that was resting up against a tree from before Shabbos. Moving the ladder from the tree would also be forbidden[15].
A children’s tree house that is built into or resting on a tree, is also considered Tzedadei Ilan and it will be forbidden to use. For the same reason, one may not hang or remove clothing from a clothesline that is attached to a tree.
Whilst using Tzedadei Ilan is forbidden, using Tzidei Tzedadei Ilan, literally “the sides of the sides of the tree” is permitted. Since Tzidei Tzedadei Ilan is one step further removed from using the tree itself, it was not included in the Rabbinic Gezeira.
An example of this would be hanging a jacket on a coat hanger which is hanging on a peg or hook that is attached to the tree. Another example brought by the Poskim is placing things in, or removing things from a basket that is hanging on a hook that is attached to the tree. One may also wipe their hands on a towel that was hanging on a hook or hanging on a clothesline that was attached to a tree.
Whilst one may use the basket or towel which is hanging on a peg, one may not remove the basket or towel from the peg[16] as this is considered using the the hook itself. Even when using Tzidei Tzedadei Ilan, if doing so will cause the tree to move, it remains forbidden[17].
The status of swings
In a swing or hammock, the seat of the swing or the hammock fabric, is attached to a rope. The rope is tied to or around the tree trunk or tree branches. Even though we could view the rope which is tied to the tree as being Tzedadei Ilan, making the swing seat or hammock fabric which is attached to the rope Tzidei Tzedadei Ilan, this is not the case, and use of the swing remains forbidden.
The reason for this is because the entire swing, the seat together with the rope or chain is considered as one unit. Therefore, the entire swing is considered as Tzedadei Ilan and may not be used on Shabbos[18]. Similarly, the fabric and ropes of the hammock are viewed and treated as one unit.
The Poskim bring proof for this from the case of a ladder that is leaning against a tree. Even though only part of the ladder is resting against the tree, the entire ladder may not be used on Shabbos because it is viewed as one unit.
They also bring a proof from a similar Halacha concerning the use of animals on Shabbos. Like trees, on Shabbos one may not use an animal or anything attached to an animal. For example, one may not go onto a wagon that is attached to an animal[19]. This applies to the entire wagon, even though only the poles of the wagon are actually touching the animal. Even the platform attached to the back of the wagon cannot be used, since the wagon and everything attached to it is like one unit[20].
Placing a towel over the seat does not change the status. Sitting on the towel is not considered using Tzidei Tzedadei Ilan because the towel is subservient to the swing and is not treated as a separate entity[21]. This is because one is using the swing, not the towel.
Use of swings or hammocks remains forbidden even if only one rope is attached to a tree and the other attached to another structure.
A swing that was hung from a pole or beam that is independently attached to the tree may be used, as this is considered Tzidei Tzedadei Ilan. The same would apply to a ladder which rests against a piece of timber that is attached to the tree.
If separate eye-bolts or hooks were first attached to the tree and the swing was subsequently tied or hooked to the bolts, the swing can be considered Tzidei Tzedadei Ilan and may be used on Shabbos[22].
Even in the cases where the swing will be considered Tzidei Tzedadei Ilan, it can only be used if the tree branch does not move as a result. If the branch would move, it is forbidden to use the swing[23].
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[1] Beitza 36b. Shulchan Aruch 336:1
[2] Shulchan Aruch Harav 336:1
[3] Eruvin 100b – the rational is that detaching from dead trees does not entail a Biblical prohibition. Even then, it is only permissible in the dry season. In winter, when all trees lose their leaves it is difficult to distinguish between dead and living trees. The Rosh (10:11) follows this opinion.
[4] See Beis Yosef 336. Shulchan Aruch ibid
[5] Shulchan Aruch Harav 336:1. Mishna Berura 336:3
[6] Nishmas Shabbos 336 Siman 159. Poskim are lenient where one does not use their hands to dislodge the article or do so with an article held in their hands. For example, one could throw up another object to try and dislodge it (Be’er Moshe).
[7] Shulchan Aruch Harav 336:22
[8] 336:15 quoting Yam Shel Shlomo
[9] 336:21. This is also the Psak of Chayei Adam 12:6 and Aruch Hashulchan and Harav Shlomo Zalman Auerbach (Shulchan Shlomo)
[10] 336:63. Following the interpretation of Machatzis Hashekel
[11] Even the Mishna Berura requires that the tree not move as a result of leaning
[12] See Ketzos Hashulchan 142:10. The measure of the type of leaning which is permissible is whether one would fall if the tree was removed or not.
[13] Kaf Hachaim 336:90 recommends adopting the stringencies of both opinions
[14] Shabbos 155a
[15] Ra”n 67a
[16] Shulchan Aruch Harav 336:20
[17] Shulchan Aruch Harav 336:20 based on Shabbos 155a
[18] Shemiras Shabbos Kehilchasa 26:16. Nishmas Shabbos 336 Siman 163
[19] Ram”o Orach Chaim 305
[20] Shulchan Aruch Harav 305:23, Mishna Berura 305:67
[21] Shemiras Shabbos Kehilchasa ibid in footnote
[22] If the connection is a firm and permanent connection, some Poskim maintain that this too becomes like one unit and would render the swing forbidden to use. According to this view, it makes no difference that the hooks were initially separate pieces.
[23] See Magen Avraham 336:15 and Mishna Berura. The Alter Rebbe explains that this would then be considered use of the tree itself.
On Shabbos one is not allowed to climb trees[1]. This is a Rabbinic restriction that was instituted by the sages to prevent someone coming to break off part of the tree, which would be a violation of the Biblical Melacha of Kotzer[2]. Whilst the Gemara could be understood as teaching that the Rabbinic prohibition does not apply to dead trees during the dry season[3], the Halacha follows the interpretation of Rif and Rambam who do not make any distinction and prohibit climbing all trees, irrespective of the season[4].
Direct use of Trees
In addition, the sages also prohibited using trees on Shabbos (Mishtamesh B’Ilan). This includes placing things on a tree, draping a coat over a tree branch, removing something from a tree (even if it was there from before Shabbos) or tying an animal to a tree[5]. Similarly, one may not remove a ball or other object that became lodged in a tree, as this is also considered Mishtamesh B’ilan[6].
One may touch a tree provided that it does not move as a result[7]. Moving the tree by touching it, is forbidden as the tree is considered Muktzah.
Whether one may lean on a tree on Shabbos or not, is disputed by the Poskim. Magen Avraham[8] cryptically writes about leaning on a tree, that “healthy is permitted, weak is forbidden”. The Alter Rebbe[9] understands the distinction as referring to the tree. If the tree is sturdy, so that it will not move as a result, one may lean on it on Shabbos. One may not lean on a weak tree, which will move if one leans on it.
In contrast, the Mishna Berura[10] understands the distinction between weak and healthy as referring to the person who is leaning on the tree. A healthy person may lean on a sturdy[11] tree, because they do not lean their full weight on the tree[12]. Therefore, it is not considered “using” the tree. A weak person will lean their full weight on the tree and it is therefore considered “use” of the tree, which is forbidden[13].
Indirect use of Trees
In addition to forbidding the direct use of trees, the sages also forbade using things that are attached to or touching a tree. This is refered to as Tzedadei Ilan, literally “the sides of the tree”[14]. For example, if the tree had a hook attached to it, one would not be allowed to use the hook on Shabbos. Another example would be climbing a ladder that was resting up against a tree from before Shabbos. Moving the ladder from the tree would also be forbidden[15].
A children’s tree house that is built into or resting on a tree, is also considered Tzedadei Ilan and it will be forbidden to use. For the same reason, one may not hang or remove clothing from a clothesline that is attached to a tree.
Whilst using Tzedadei Ilan is forbidden, using Tzidei Tzedadei Ilan, literally “the sides of the sides of the tree” is permitted. Since Tzidei Tzedadei Ilan is one step further removed from using the tree itself, it was not included in the Rabbinic Gezeira.
An example of this would be hanging a jacket on a coat hanger which is hanging on a peg or hook that is attached to the tree. Another example brought by the Poskim is placing things in, or removing things from a basket that is hanging on a hook that is attached to the tree. One may also wipe their hands on a towel that was hanging on a hook or hanging on a clothesline that was attached to a tree.
Whilst one may use the basket or towel which is hanging on a peg, one may not remove the basket or towel from the peg[16] as this is considered using the the hook itself. Even when using Tzidei Tzedadei Ilan, if doing so will cause the tree to move, it remains forbidden[17].
The status of swings
In a swing or hammock, the seat of the swing or the hammock fabric, is attached to a rope. The rope is tied to or around the tree trunk or tree branches. Even though we could view the rope which is tied to the tree as being Tzedadei Ilan, making the swing seat or hammock fabric which is attached to the rope Tzidei Tzedadei Ilan, this is not the case, and use of the swing remains forbidden.
The reason for this is because the entire swing, the seat together with the rope or chain is considered as one unit. Therefore, the entire swing is considered as Tzedadei Ilan and may not be used on Shabbos[18]. Similarly, the fabric and ropes of the hammock are viewed and treated as one unit.
The Poskim bring proof for this from the case of a ladder that is leaning against a tree. Even though only part of the ladder is resting against the tree, the entire ladder may not be used on Shabbos because it is viewed as one unit.
They also bring a proof from a similar Halacha concerning the use of animals on Shabbos. Like trees, on Shabbos one may not use an animal or anything attached to an animal. For example, one may not go onto a wagon that is attached to an animal[19]. This applies to the entire wagon, even though only the poles of the wagon are actually touching the animal. Even the platform attached to the back of the wagon cannot be used, since the wagon and everything attached to it is like one unit[20].
Placing a towel over the seat does not change the status. Sitting on the towel is not considered using Tzidei Tzedadei Ilan because the towel is subservient to the swing and is not treated as a separate entity[21]. This is because one is using the swing, not the towel.
Use of swings or hammocks remains forbidden even if only one rope is attached to a tree and the other attached to another structure.
A swing that was hung from a pole or beam that is independently attached to the tree may be used, as this is considered Tzidei Tzedadei Ilan. The same would apply to a ladder which rests against a piece of timber that is attached to the tree.
If separate eye-bolts or hooks were first attached to the tree and the swing was subsequently tied or hooked to the bolts, the swing can be considered Tzidei Tzedadei Ilan and may be used on Shabbos[22].
Even in the cases where the swing will be considered Tzidei Tzedadei Ilan, it can only be used if the tree branch does not move as a result. If the branch would move, it is forbidden to use the swing[23].
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[1] Beitza 36b. Shulchan Aruch 336:1
[2] Shulchan Aruch Harav 336:1
[3] Eruvin 100b – the rational is that detaching from dead trees does not entail a Biblical prohibition. Even then, it is only permissible in the dry season. In winter, when all trees lose their leaves it is difficult to distinguish between dead and living trees. The Rosh (10:11) follows this opinion.
[4] See Beis Yosef 336. Shulchan Aruch ibid
[5] Shulchan Aruch Harav 336:1. Mishna Berura 336:3
[6] Nishmas Shabbos 336 Siman 159. Poskim are lenient where one does not use their hands to dislodge the article or do so with an article held in their hands. For example, one could throw up another object to try and dislodge it (Be’er Moshe).
[7] Shulchan Aruch Harav 336:22
[8] 336:15 quoting Yam Shel Shlomo
[9] 336:21. This is also the Psak of Chayei Adam 12:6 and Aruch Hashulchan and Harav Shlomo Zalman Auerbach (Shulchan Shlomo)
[10] 336:63. Following the interpretation of Machatzis Hashekel
[11] Even the Mishna Berura requires that the tree not move as a result of leaning
[12] See Ketzos Hashulchan 142:10. The measure of the type of leaning which is permissible is whether one would fall if the tree was removed or not.
[13] Kaf Hachaim 336:90 recommends adopting the stringencies of both opinions
[14] Shabbos 155a
[15] Ra”n 67a
[16] Shulchan Aruch Harav 336:20
[17] Shulchan Aruch Harav 336:20 based on Shabbos 155a
[18] Shemiras Shabbos Kehilchasa 26:16. Nishmas Shabbos 336 Siman 163
[19] Ram”o Orach Chaim 305
[20] Shulchan Aruch Harav 305:23, Mishna Berura 305:67
[21] Shemiras Shabbos Kehilchasa ibid in footnote
[22] If the connection is a firm and permanent connection, some Poskim maintain that this too becomes like one unit and would render the swing forbidden to use. According to this view, it makes no difference that the hooks were initially separate pieces.
[23] See Magen Avraham 336:15 and Mishna Berura. The Alter Rebbe explains that this would then be considered use of the tree itself.