Thursday, November 23, 2017

Halocho #1948 - Using a hammock hanging on trees on Shabbat

Picking fruit is forbidden on Shabbat.

On Shabbat, one may not even remove items hanging from trees.

If there's a basket hanging on a tree, one may not even remove items from the basket, nor put items into the basket.

If the basket is hanging from a hook that is screwed into the tree, one may not remove the basket (nor hang it up).

However, if the basket is hanging from a hook that is screwed into the tree, one may remove items from the basket, as well as add items into the basket on Shabbat.

Source: Kitzur Shulchan Aruch 80:60

So, it would seem that if the hammock is tied to hooks that are screwed into the trees - and the trees won't move when swinging on the hammock (as we learned 2 weeks ago) - it should be permissible to use such a hammock on Shabbat.

Source: http://tinyurl.com/ya54hfh3

Shabbat Shalom

- Danny Schoemann
Thursday, 5 Kislev 5778


אִילָן בֵּין שֶׁהוּא לַח בֵּין שֶׁהוּא יָבֵשׁ, אֵין מִשְׁתַּמְּשִׁין בּוֹ שׁוּם תַּשְׁמִישׁ, וְאַף עַל פִּי שֶׁאֵינוֹ מְנִידוֹ. (דְּאִם מְנִידוֹ, בְּלָאו הֲכִי אִכָּא אִסּוּר מֻקְצֶה). אֵין עוֹלִין בּוֹ, וְאֵין נִתְלִין בּוֹ. וְאָסור לְהַנִּיחַ עָלָיו אֵיזֶה חֵפֶץ אוֹ לִטְּלוֹ מִמֶּנּוּ אוֹ לִקְשׁוֹר בּוֹ בְּהֵמָה וְכָל כַּיּוֹצֵא בָּהֶם. וַאֲפִלּוּ בִּצִדְדֵי הָאִילָן, אָסוּר לְהִשְׁתַּמֵּשׁ

וְלָכֵן אִם סַל תָּלוּי עָלָיו, אָסוּר לִטּוֹל אֵיזֶה דָּבָר מִתּוֹךְ הַסַּל, אוֹ לִתֵּן לְתוֹכוֹ, דְּהַסַּל הֲוֵי צְדָדֵי הָאִילָן

אֲבָל אִם יָתֵד תָּקוּעָה בָּאִילָן וְעָלֶיהָ תָּלוּי סַל, מֻתָּר לִטּוֹל מִתּוֹכוֹ אוֹ לִתֵּן לְתוֹכוֹ, מִשּׁוּם דְּאָז הֲוֵי הַסַּל צִדֵּי צְדָדִין. וְהַסַּל, אָסוּר לִקַּח מִשָּׁם אוֹ לִתְלוֹתוֹ שָׁם, מִשׁוּם דְּמִשְׁתַּמֵּשׁ בַּיָתֵד דַּהֲוֵי צִדְדֵי הָאִילָן



Question: Is one permitted on Shabbat to rock in a hammock hanging from two trees?

Answer: It is written in the Mishna, "These are rabbinical decrees... one should not climb up into a tree" [Beitza 5:2]. The Talmud explains that this is because of a fear that the person might tear something off from the tree (Beitza 36b). In another the Mishna expands the prohibition: "If the roots of the tree are more than three tefachim above the ground, one should not sit on them" [Eiruvin 10:8]. The Talmud quotes a Baraita which shows that the two sources correspond to each other. "The sages have taught: If the roots of a tree are three tefachim higher than the ground or have an open space of three tefachim under them – even if one side is level with the ground, one should not sit on them, because one is not allowed to climb a tree, one should not hang from a tree, and one should not lean on a tree" [Eiruvin 100a]. The Talmud has a discussion of the use of the "sides" of a tree. The conclusion is that the rabbinical decree includes using the "sides of the tree," but the final ruling is, "the halacha is that the sides are prohibited, but the sides of the sides are permitted" [Shabbat 155b].

In the Talmud, Rav Ashi explains the difference between the "side" and the "side of the side." "A person should not lean a ladder on a tree, since this is considered the side, but the ladder can be placed on a bar that is fixed to the tree. And when climbing one must be careful to step only on the rungs of the ladder and not on the bar." Rashi explains that the bar is considered the "side" of the tree, and the ladder is the "side of the side." The RAN, commenting on the RIF, gives a similar explanation: "For this reason, a ladder cannot be placed directly on the tree, because this is a use of the side of the tree, but if there is a bar attached to the tree one is allowed to place a ladder on it, because the bar is the side and the ladder is the side of the side" [quoted by Beit Yosef, 336]. He also quotes the words of the Magid Mishna (Hilchot Shabbat 25:9), who describes a similar situation: "The meaning of the side of a tree is for example when a person attaches a bar to a tree and hangs a basket from it before the start of Shabbat. The bar is the side and the basket is the side of the side." Note, however, that the Tosafot RID disagrees, and he feels that the bar itself is the side of the side, evidently because he feels that the "side" is the tree trunk itself. In the Torah innovations credited to the RAN this approach is quoted but it is rejected by the author.

The Shulchan Aruch accepted the opinion of the RAN and his followers, that the attached bar is the "side" and the ladder leaning on it is the "side of the side." One is therefore permitted to climb a ladder that was placed on the bar before Shabbat (336). The Beit Yosef quotes from Orchot Chaim, who expands the law to include a chain or a rope that is tied to the tree, and writes that the law is the same as for a bar. "I found in Orchot Chaim, if one attaches a bar to a tree, or a chain or a rope, and hangs something from them, one is allowed to use the hanging object, because this is the side of the side. But if he ties the object directly to the tree it cannot be used, since it is touching the tree. The same is true for a bar or a chain or rope, which cannot be used because of the prohibition of a side."

At the end of the discussion in the Talmud (Shabbat 155a), the words of Rav Papa are brought – if a basket that is attached to a tree is so full that it the tree moves because of the weight its use is forbidden. Recent rabbis understood from this that the permission to make use of the "side of the side" is not valid if the weight of the object causes the tree to move.

It seems from the above discussion that if the hammock is not tied directly to the tree but to a bar or another rope, it can be considered the "side of the side," and it can be used on Shabbat. But there is still room for some additional thought, since a rope and a basket are two completely different objects, such that one can be considered the "side" and the other the "side of the side." However, a rope might appear to be an integral part of the hammock. Therefore, in my humble opinion, it is necessary to make a clear distinction between the hammock and the rope that is tied to the tree. An example would be if the hammock is made of a different material, not from braided rope. One would thus be allowed to rock in the hammock only if such a distinction has been clearly made (on condition that rocking in the hammock will not cause the tree itself to move).

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