Binyan with Utensils [בנין בכלים]
1. Last week (341) we mentioned several melachos involved in all sorts of games when played on Shabbos, e.g., borer (10), noisemaking (11), leveling the ground (12), kesiva (13), business (17), and weekday activities (18), with several examples of games. In the present issue, we will give additional examples, focusing first on games that involve a form of building, making an ohel, and makeh b’patish. We cited some principles about these last week; we will review some of the main halachos as an introduction to this issue.
2. Assembling items via insertion [תקיעה]. Although there is a rule that binyan and stira do not apply to utensils (שבת דף ק''ב ע''ב ), the poskim hold that connecting parts of an item by tightly inserting one into the other, thereby creating a real connection, is an issur d’oraisa of binyan b’keilim (שו''ע סי' שי''ד ס''א ).
3. Tight attachment [הידוק]. Also, if two things are connected tightly, albeit without insertion, it is an issur d’rabanan as a gezeira to prevent one from inserting parts into each other and violating the issur d’oraisa (שו''ע סי' שי''ג ס''ו ).
4. Loose [רפוי]. It is mutar to loosely connect parts of an item; there is not even an issur d’rabanan. As long as the parts can be easily disconnected, it is called a loose assembly (ארחות שבת פ''ח אות מ''ה ).
5. Regularly taken apart. An item that is made to regularly be tightly assembled and then taken apart does not involve the issur of boneh or makeh b’patish, as that is the main way to use the item (ט''ז סי' שי''ג סק''ז, מג''א שם סקי''ב ). Some understand that anything meant to be taken apart the same day is not even assur d’rabanan. If it is meant to remain assembled for multiple days, there is at least an issur d’rabanan (שו''ע הגר''ז סי' שי''ג סכ''א ).
6. Others understand that binyan b’keilim is when combining the parts into a single unit is an improvement, e.g., assembling the parts of a utensil so that it will remain that way. If, however, having the parts completely connected is detrimental to the purpose of the thing, assembling the parts is not called binyan (חזו''א סי' נ' סק''ט ד''ה והא ). Based on this, the poskim consider allowing all sorts of toys, as they are only assembled to be taken apart later. If the parts were firmly stuck together permanently, the toy would be ruined, not improved (ארחות שבת הקדמה לפ''ח ). This will be explained below.
7. Makeh b’patish. One may not make a utensil or complete the final step of a utensil on Shabbos, even if there is no problem of binyan, e.g., with a loose attachment, due to the issur of makeh b’patish or tikun mana.
8. Making an ohel. One who makes a proper, lasting ohel is chayav a chatas (שו''ע סי' שט''ו ס''א ). The minimum size of an ohel is a tefach high with an area of a tefach by a tefach (תוס' שבת קלח : ד''ה שאין ). It is an issur d’rabanan to make a makeshift ohel for protection or for use of the space under it even if there are no walls (שו''ע שם ).
