Opening a Garden Umbrella on Shabbos

Question

Hi, I have a garden umbrella may I open and close it on Shabbos?

Answer

Thank you for your question.

It is written in the Talmud Tractate Shabbos, page 138, that constructing an ohel is prohibited on Shabbos. The reason is that it is considered a tolda of Boneh, this brought le’halacha in the Rambam:

רמב"ם הלכות שבת פרק י הלכה יג

העושה אהל קבוע הרי זה תולדת בונה וחייב,

Portable umbrellas:

As we know, it is prohibited to open an umbrella on Shabbos. Umbrellas are a relatively new concept, and the Rabbanim over the past approximately a hundred years have written to explain what the issur is.

Let's start with what the Biur Halacha, Siman 315, Seif 8 writes:

The biblical issur of an ohel applies only when the ohel has a space of at least 1 tefach by 1 tefach and is at least 1 tefach high. Since an umbrella does not contain such a space within it, opening an umbrella would not be considered a biblical issur of building an ohel on Shabbos.

The Biur Halacha writes that the reason it is forbidden is due to a rabbinical prohibbition. Since one opens it to protect oneself from the rain or sun, its usage is therefore similar to an ohel and is therefore forbidden.

The Chazon Ish adds that today, when we open an umbrella, even though we don’t need to fix it or tie it to anything, nevertheless, it is prohibited as uvdin de’chol . Additionally, opening it is also considered as tikkun manah .

Garden umbrellas:

With regard to a garden umbrella (one that is positioned on the floor and isn’t moved around), one may be lenient and open it even on Shabbos. The question is: what is the difference between this and the normal umbrella one carries around, which is prohibited?

The reason for this halacha is based on the halacha in Hilchos Sukkah, Shulchan Aruch 626:3, as follows:

שולחן ערוך אורח חיים הלכות סוכה סימן תרכו סעיף ג

מותר לעשות הסוכה תחת הגגות העשויות לפתוח ולסגור, ומותר לסגרן מפני הגשמים ולחזור ולפתחן (מהרי"ל); ואפילו ביום טוב שרי לסגרן ולפתחן (אגודה דיומא ומהרי"ו) אם יש להם צירים (ד"ע) שסוגר ופותח בהן, ואין בזה לא משום סתירה ובנין אהל בי"ט,

The Rema writes that one may build a sukkah under a roof that can be opened and closed, and such a roof would be permissible to open and close even on Yom Tov, as long as the roof is attached to hinges. This would not be forbidden because of constructing an ohel on Yom Tov.

We see that when it is a construction already in place, and one merely needs to open or close it, the roof is considered like a door or window, which one may open and close even on Shabbos. This is because it is designed to remain in place, and it does not resemble the act of constructing an ohel on Shabbos.

So the same applies to the garden umbrella. Since it is a construction already in place, and one only needs to open it, one may open and close it on Shabbos, just like the roof of the sukkah.

Similarly, one may open and close the hood on top of a baby’s carriage, as it is already constructed on the buggy with hinges, and it is not considered constructing a new ohel.

This is compared to the kisse traskal (folding stool) mentioned in the Talmud, Shabbos 137a.

תלמוד בבלי מסכת שבת דף קלח עמוד א

אבל מטה וכסא טרסקל ואסלא - מותר לנטותן לכתחילה….

…..However, a bed, a chair, a folding stool, and a kind of folding chair,… it is permitted to set them up initially on Shabbos."

We see that setting up these types of furniture on Shabbos is allowed and is not considered as Binyan (the prohibition of construction).

The Chazon Ish, Siman 52, Se’if Katan 2, compares modern-day constructions mentioned above to the folding stool mentioned in the Talmud. Therefore, these types of furniture are permitted to open and close on Shabbos.


Source

  1. Talmud, Shabbos 137a
  2. Shulchan Aruch, Orach Chaim 626:3
  3. Rema, Orach Chaim 626:3
  4. Biur Halacha, Siman 315:8
  5. Chazon Ish, Orach Chaim 52:2

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