DailyHalacha.com for Mobile Devices Now Available

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

      
(File size: 894 KB)
Is It Permitted on Shabbat to Cover One’s Head with a Jacket for Protection from the Elements?

The prohibition of constructing an Ohel (tent) applies when there is a roof and four walls. The Ben Ish Hai (Rav Yosef Haim of Baghdad, 1833-1909)holds that even if there are no walls, constructing an overhanging alone is prohibited, if its purpose is to protect that which is underneath it, e.g. to provide shade or shelter from the rain.

Based on this, is it permitted to hold a jacket over one’s head on Shabbat to protect himself from the rain or sun? The Bet Meir (Rabbi Meir Posner, 1729-1807) in Siman 315 addresses this question. He cites a Gemara (Shabbat 43) which permits two people to hold a sheet over a corpse to provide shade and protect it from decomposing. He asks: How could that be permitted? Shouldn’t that be a violation of Ohel? Even though there are no walls, the overhanging is used for protecting that which is underneath it.

He answers that from here a general principle can be derived: If the overhanging is held by people, and not fastened to a structure, there is no prohibition. Based on this, there is no problem to hold a jacket over one’s head.

Accordingly, the Sis Eliezer (R. Eliezer Yehuda Waldenberg, 1915-2006, Jerusalem) in Vol. 10:4 permitted holding a Talet over a Sefer Torah at the Kotel on Shabbat to protect it from the rain, since people are holding it.

SUMMARY
It is permitted to hold a jacket over one’s head for protection from the elements on Shabbat in a place where there is an Erub.

 


Recent Daily Halachot...
Pesah – The Time for Bedikat Hames
Pesah- The Procedure for Bedikat Hamez
Pesah – Must One Search for Hames in the Areas Containing the Hames That He Sells?
The Special Reading on the First Thirteen Days of Nissan
Pesah – Is it Permissible to Eat Egg Masa on Pesah
Passover- Ve'higadeta Le'bincha - Sitting Next To One's Father-Son During The Hagaddah
Must One Perform Bedikat Hametz if He Goes Away for Pesah?
Pesah – Reciting Me’en Sheba on Pesah Night When it Falls on Shabbat
The Reasons for the Custom of Ta'anit Bechorim
Passover- Avoiding The Problem of A Drop of Hametz In Kosher for Pesach Food
Shabbat Hagadol
Pesah – Selling Hametz in a Case Where One Spends Pesah in a Different Time Zone
Pesah – The Second of the Four Cups of Wine
Laws and Customs of Ereb Pesah
Kimha De’pischa – Donating Charity to the Poor Before Pesah
Page of 239
3585 Halachot found