Thursday, November 19, 2020

You can leave your hat on TB Eruvin 102

Today’s daf TB Eruvin 102 returns to the topic of a temporary tent (אֹהֶל עֲרַאי). Under some circumstances the construction of the temporary tent is permitted. Yesterday’s daf made the distinction between interior use and exterior use. If a person wants to construct a temporary tent because he wants to use the space underneath the tent covering, he may only add to the roof of the tent if there is a tefakh (about 4 inches) size roof already in place. If the tent has walls and no roof, he may not make a roof because that would be a violation of the building prohibition (מלאכת בונה) on Shabbat. If he only wants to use the exterior part of the tent’s roof like a tabletop, the rabbis were much more lenient. One may make a temporary tent, but in a fashion that doesn’t look like the person is building something.

Here is an example from the Gemara. “Rav Yehuda said: When arranging a pile of wood for a fire on a Festival, if the logs are arranged from the top down, i.e., the upper logs are temporarily suspended in the air while the lower logs are inserted below them, it is permitted. However, if the wood is placed from the bottom up, it is prohibited, as the arrangement of wood in the regular manner is a form of building.” (TB Eruvin 101, Sefaria.org translation)

Today’s daf asks the question is putting on a wide brimmed hat that protects you from the sun and the elements analogous to building a tent? At first glance the answer is maybe depending on the size of the brim.

“And Rav Sheisha, son of Rav Idi, said: With regard to a stiff felt hat [sayna], it is permitted to wear it on Shabbat. The Gemara raises a difficulty: But wasn’t it taught in a baraita that wearing this hat is prohibited? The Gemara answers: It is not difficult. This baraita, which prohibits wearing a felt hat, is referring to a case where the hat extends a handbreadth from the person’s head and is therefore regarded as a tent; whereas that statement by Rav Sheisha, who permits doing so, is referring to a case where it does not extend a handbreadth from one’s head.” (Sefaria.org translation)

But this notion is immediately rejected because a hat is not tent, but an article of clothing! If we would use this logic, then the following will be true. “The Gemara is surprised at this answer: But if that is so, one who pulled his cloak a handbreadth beyond his head, is it also prohibited for him to do so? This is unreasonable, as it is an article of clothing, not a tent.” (Sefaria.org translation)

The Gemara gives a completely different reason why wearing a hat maybe forbidden on Shabbat. “Rather, the previous explanation must be rejected, as the issue with regard to a felt hat is not whether it is considered a tent, but whether there is concern that one might come to carry it in the public domain if it falls from his head. This is not difficult; this statement of Rav Sheisha, which permits it, is referring to a case where the hat fits snugly on his head. There is no concern lest the hat fall and one will come to carry it; therefore it is permitted to wear it. Conversely, that baraita, which prohibits wearing this hat, is referring to a case where it does not fit snugly on his head. It is therefore liable to fall, and one might come to carry it in the public domain.” (Sefaria.org translation)

I don’t know about you, but I have lots of different kinds of hats. Some fit snugly and some don’t. Some of those that don’t fit snugly have a chinstrap and some don’t. Although some poskim rule stringently concerning hats based on Rabbeinu Ḥananel’s commentary, most rule leniently based on Rashi’s understanding that the prohibition has nothing to do with tent building. As long as the hat fits snugly and one is not afraid that it will blow off his/her head, you can leave your hat on. The only concern is carrying the blown off hat four amot in the public domain. (Shulkhan Arukh, Orekh Hayyim, 301:40-41, see also the Mishneh Berurah) if you wear a hat on Shabbat, choose it wisely or at least hold onto it tightly when the wind is blowing.

 

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