Q. Recently someone showed me a portable folding Shtender that is assembled by opening out the folds to create the Shtender. I was asked about the permissibility of using such a Shtender on Shabbos.
A. Since the top surface of the Shtender covers over the space beneath it, and the covered-over area is more than 1 Tefach in height, the question is whether setting up the Shtender constitutes constructing an Ohel on Shabbos.
The Shulchan Aruch 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 space, people or objects situated beneath it, from something, such as rain or sun.
If the Ohel is a permanent structure, erecting it would be Biblically forbidden. This is a derivative (Toldah) of the Melacha of Boneh, building. Constructing a temporary Ohel is Rabbinically forbidden.
Background
The Mishna teaches that on Yomtov, one may not place 2 stones and rest a pot on them over the fire. This is because the resulting structure resembles building an Ohel. The Gemara brings additional cases that are similar. One may not place a bed-top on top of the bed legs on Shabbos. Likewise, when stacking barrels, one may not place a barrel on top of 2 barrels with a space beneath it.
Based on this, Tosfos asks on what Halachic basis we place table-tops on their legs on Shabbos. Tosfos answers that in this case, since there are no “walls” beneath the table-top, it does not resemble building. The case of the bed discussed in the Talmud, refers to where the base of the bed is made up of “walls”. In the other cases, the barrels or stones create “walls”.
Elsewhere, Tosfos gives another answer, explaining that the prohibition only applies where one intends to use the space beneath the Ohel that is surrounded by walls.
In the case of the bed, one uses the area beneath to store things like shoes. In the case of stacking the barrels, one wants the space beneath them for the air to circulate and in the case of resting the pot on stones, one wants the space beneath it for the fire.
No intention to cover the space beneath
Based on the above sources, the Halacha is as follows; It is permissible to erect a temporary Ohel if one does not intend to create a cover for what is beneath it, but rather to use the top of the surface. An example of this would be placing a tabletop on top of its legs on Shabbos.
However, this is only permissible where one does not also create “walls” beneath the “roof”. If one is also erecting ‘walls’ or if there were already ‘walls’ underneath the Ohel that go down to the floor, the structure does resemble an Ohel and would remain forbidden. For this purpose, even 2 parallel walls will be enough to make it prohibited.
In this case, one may still set up such a structure, if they do so with a Shinui (irregular manner), by first placing the “roof” and then putting the “walls” beneath it.
If one does not intend to use the space beneath the “roof”, it is permissible to set-up the roof in the regular manner, even if there are “walls”. No Shinui is required.
When setting up the Shtender depicted below, one creates the “roof” as well as the “walls” beneath it. This is done in the regular manner, and one intends to use the area beneath the “roof” for storage (as depicted). Based on the above, it would seem that setting up such a Shtender on Shabbos would be forbidden. (Other fold-up Shtenders have “walls” on all 4 sides, making it impossible to use the area beneath. This would be permissible as per above).
However, there is another case from which we can conclude that setting up the Shtender will be permissible even when one uses the space beneath.
The Case of the Folding Chair
The Shulchan Aruch brings the law of a Kisei Traskal; a type of folding chair made from leather that is 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.
In explaining this ruling, the Magen Avraham quotes the explanation of Rashi 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.
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.
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 structure is because it was technically already assembled before Shabbos and is now merely being set in place. This is the view of the Mishna Berura.
The Alter Rebbe has a 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 wasn’t 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 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, the prohibition remains, 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 based on the case of the Kisei Traskal.
The Acharonim explain that the Chuppah under discussion is not being set up for shade or to protect 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.
Conclusion
According to both of these approaches in understanding the case of the Kisei Traskal, it will be permissible to set-up the Shtender on Shabbos. The walls and “roof” of the Shtender are already attached and one is merely “setting it up”. Whilst one uses the area beneath the the top surface of the Shtender for storage, the “roof” is not being set up for the purpose of being an Ohel to cover the area beneath it.
