DailyHalacha.com for Mobile Devices Now Available

Click Here to Sponsor Daily Halacha
"Delivered to Over 6000 Registered Recipients Each Day"

      
(File size: 628 KB)
May One Take Something That is Hanging on a Tree on Shabbat?

The Shulhan Aruch, in discussing the laws of Yom Tob (Orah Haim 514:6), rules that it is forbidden to place a kindled lamp in a tree before Yom Tob. Since it is permissible to use fire on Yom Tob, the Sages forbade placing a lamp in a tree before Yom Tob, as one might then make use of the tree on Yom Tob which is forbidden. On Shabbat, however, it is forbidden to use fire, and thus the Shulhan Aruch rules (in 277) that it is permissible to place a kindled lamp in a tree before Shabbat, as there is no concern that one might use the tree.

The Hida (Rav Haim Yosef David Azulai, 1724-1806), in his Birkeh Yosef, makes an important inference from the Shulhan Aruch’s formulation of this Halacha. In discussing the laws of Shabbat, the Shulhan Aruch writes that on Shabbat there is no concern that one will "take the lamp from the tree," implying that simply taking something from a tree is forbidden on Shabbat. Even if one does not climb on the tree, it is still forbidden to take something from the tree. The Hida infers from this formulation that the Shulhan Aruch accepted the position of Rashi (Rav Shlomo Yishaki of Troyes, France, 1040-1105), that taking something from a tree is forbidden on Shabbat, even if one does not climb on the tree.

The Hida notes, however, that in discussing the laws of Yom Tob, the Shulhan Aruch writes that one may not leave a lamp in a tree before Yom Tob because one may then "make use of the tree" on Yom Tob. This formulation suggests that the only prohibition is using the tree, while simply taking something from a tree is permissible. The Hida dismisses this question, however, noting that the Shulhan Aruch was simply citing the formulation of the Tur (Rabbenu Yaakob Ben Asher, Spain, 1269-1343), who forbade only climbing trees. But the Shulhan Aruch follows Rashi’s view, and forbids even taking something from a tree – or placing something on a tree – on Shabbat, and this is, indeed, the final Halacha.

Summary: On Shabbat and Yom Tob it is forbidden to climb a tree, to place something on a tree, and to take something from a tree.

 


Recent Daily Halachot...
Is Rain Water or Air-Condition Condensation Considered Mukse?
Using Baby Wipes on Shabbat
Items Serving as a Base for Mukse
Is It Permissible To Move Money On Shabbat With Parts Of Your Body Other Than Your Hands
Carrying and Transferring Is Forbidden On Shabbat From The Private Domain To The Public Domain
Are Forbidden Foods Considered Mukse on Shabbat?
May One Slice Fruits on Shabbat?
The Mukse Status of Lulav, Pesah Dishes, Shofar, Sisit Strings, and Paper
Is It Permissible To Smell A Fruit Tree or Frangrance Tree on Shabbat
Are Garments With Shatnez Mukse?
Do Disposable Items Become Mukse After Use on Shabbat?
May One Use a Permissible Item to Move a Mukse Item on Shabbat?
May One Move A Utensil on Shabbat That has No Permitted Function To Make Space?
May the Mohel's Knife Be Handled on Shabbat?
Washing Fruits and Vegetables on Shabbat
Page of 239
3585 Halachot found