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...
Using an Electric Menorah for the Hanukah Candle Lighting
The Custom That Women Refrain From Certain Activities While the Hanukah Candles are Lit
Chanukah- Some Issues Concerning Hallel on Chanukah
Hanukah- May a Mourner Attend a Hanukah Party?
The Qualifications of the Hanukah Menorah
Chanukah- Should the Hanukah Candles be Lit Indoors or Outdoors?
Is There an Obligation to Eat Festive Meals on Hanukah?
What are the Preferred Materials From a Menorah Should be Made?
Hanukah – The Custom to Eat Jelly Donuts and Potato Pancakes
If a Congregation Neglected to Read the Hanukah Torah Reading
Hallel on Hanukah – One Who Mistakenly Recited Half-Hallel; Women’s Recitation of Hallel; Interruptions During Hallel
If One Did Not Recite Shehehiyanu on the First Night of Hanukah
The Hanukah Candle Lighting in the Synagogue When the First Night of Hanukah is Friday Night
Hanukah – Insights Into the Word “Hanukah”; the “Ma’oz Sur” Hymn; Praying for One’s Children at the Time of Candle Lighting
Hanukah Candles – The “Shamosh” Candle, and the Extra Candle Lit by Syrian Jews
Page of 239
3585 Halachot found