Melacha #34: BONEH - BUILDING and Melacha #35: SOTER - DEMOLISHING

Av Melacha: Setting up or dismantling the Mishkan.

Principle: Building or dismantling a permanent structure.

Toldot:

Boneh -- Constructing or fixing a building, shelter, mechitzah (separation), vessel.

Soter -- Demolishing a "structure" for a constructive purpose.

Note: All laws of Boneh will apply in their opposite form to Soter.

A. A Building (Binyan)

A building is defined as something that is fixed to the ground, either because it is:

(1) physically attached to the ground, or (2) big and not meant to be moved.

Examples: a permanent door, water faucet, toilet seat, refrigerator, large bookcase.

1. Torah Prohibition:

Adding to such a structure or repairing it in a permanent and complete way. The Torah therefore prohibits: returning a sliding door to its track, nailing an object to the wall, or affixing a shelf to a large bookcase or closet.

2. Rabbinic Prohibition:

Fixing or repairing such a structure in any usable fashion, even in a temporary or incomplete way. Therefore, if a doorknob falls off: fixing it in a complete way is chayav, and putting it back loosely without screws (i.e. incompletely) is Patur aval Assur.

Tacking a note onto a bulletin board is also Patur aval Assur since this will stay temporarily.

3. Permitted:

Fixing is allowed only if done in such a temporary way that there will be no temptation to leave it that way permanently. For example, one may place a screwdriver temporarily in place of a broken doorknob.

Note: If the broken piece is "fixable," it immediately becomes Muktzah and may not be moved with one's hand.

B. A Shelter / Tent (Ohel)

It is prohibited to set up a "tent," defined as something that covers an air-space of a cubic Tefach (4 in. or 10 cm.). Covering an air-space in a permanent way is chayav; in a temporary way is Patur aval Assur.

1. A covering which is used to shelter or guard the area under it (for any reason -- e.g. against the rain, sun, dust, or even sight) may not be set up on Shabbat. Therefore, one cannot set up netting to keep out flies, spread a sheet over a baby carriage to protect against the sun or mosquitoes, or open an umbrella.

Exception: It is permitted to extend an already existing tent, in a temporary way. Therefore, if a sheet over a baby carriage was already covering an area of at least one Tefach, it is permitted to extend the sheet further.

Further, if a shelter is already attached to a building or object (e.g. with hinges), then it is permitted to be opened and closed on Shabbat, even if it wasn't already covering any of the area. For example, it is permitted to open an awning on Shabbat, or to close the hood of a baby carriage. (A sun umbrella, however, is not considered part of the carriage and may not be opened or closed.)

2. A "tent" whose function is not similar to the Torah's "tent" (i.e. although it has sheltering capabilities, it serves primarily as a top) may be set up using a Shinui. For example, one may place a board atop two stands for use as a tabletop. However, since the board also protects one's lap from food spills (even though this is not the primary intention), it must be set up with a Shinui -- e.g. first positioning the board, and then placing the stands under it. Extending an existing table is permitted if its purpose is temporary.

3. A "tent" in which only the top is used, and which does not function as a shelter at all, may be set up on Shabbat. Example: opening a folding chair.

C. A Separation (Mechitzah)

1. Definition:

A "Halachic wall" (a permanent separation or room divider) is defined as being 10 Tefachim high (36 in. or 90 cm.), 4 Tefachim wide (15 in. or 36 cm.), and able to withstand a regular wind.

2. Prohibited:

Setting up a Mechitzah in a permanent fashion is Chayav; in a temporary way is Patur aval Assur. This applies only if the Mechitzah is set up so that an act previously prohibited by Halacha now becomes permitted -- e.g. setting up a 10-tefach Mechitzah to create a wall for a sukkah, or in front of Torah books for a child using a potty.

(However, it is permitted to set up a Mechitza to separate between men and women for the sake of davening, since its purpose is not to create different spatial entities.)

3. Permitted:

a. A Mechitzah that was already set up and spread out at least one Tefach, may be opened further.

b. Similarly, it is permitted to open up a folding door/wall, which is already attached to the wall.

c. A new, temporary Mechitzah may be set up if its purpose is only for privacy, or to protect against the sun or wind.

D. Vessels (Kli)

The Torah prohibits creating or constructing a good, usable vessel on Shabbat. It is therefore prohibited to form a clay vessel, to make a wooden table or chair, or to create a usable bottle-cap.

The Rabbis prohibited making an imperfect vessel.

It is permitted to "make" a broken or damaged vessel when done for use on Shabbat.

Applications:

1. Bottle caps: A cap, which undergoes no change when the bottle is opened, may be removed on Shabbat. However, as is the case of many beverage bottles nowadays, it is impossible to avoid breaking through a seal ring which is part of the cap. One may therefore not open such a bottle-cap on Shabbat, since this is considered creating a good vessel in the form of a bottle-cap (i.e. an object that can be used many times to close the bottle). In order to open this type of bottle for the first time on Shabbat, it is necessary to first puncture the top, after which one can "create" such a "damaged" vessel. (According to some authorities, however, one may open these bottles without reservation.)

2. Cans: Opening an aluminum can also creates a usable vessel. Even though the can was initially made without a top (i.e. as a vessel), since it was later sealed with the same material, when it is opened anew, a usable vessel is created. In order to open a can on Shabbat, one should first puncture the bottom of the can, after which it is permitted to "create" such a "damaged" vessel.

When puncturing the above-mentioned items, care must be taken not to cut through letters or pictures. In all cases, it is preferable to open cans, boxes and bags prior to Shabbat.