Tuesday, November 28, 2006

Daf Yomi - Beitza 32 - Temporary Walls

The Mishna rules that one cannot situate two barrels next to each other in order to place a pot on top of them. The Gemora cites the opinion of Rav Nachman that it is permitted to arrange the stones of a beis hakisei (outhouse) on Yom Tov. The Gemora asks on Rav Nachman from the Mishna which prohibited the positioning of the stones in this manner on account that it is similar to erecting a tent? The Gemora answers that Biblically, it is only forbidden to build a permanent structure and the Sages decreed on a temporary structure as well; however by a beis hakisei this decree is not applicable since we are concerned for the respect of the individual that requires the outhouse.

Shulchan Aruch (315:1) rules that it is permitted to erect temporary walls on Shabbos providing that it does not have a roof. Biur Halacha questions this from our Gemora where this is only permitted by a beis hakisei where we are concerned for the dignity of the person but otherwise it would be forbidden?

He answers that the Gemora is referring to a case where the wall is being constructed from stones which resembles a permanent structure and that is why it is only permitted by a beis hakisei; however it will be permitted in any instance to erect a temporary wall using curtains or mats which do not resemble a permanant structure.


Tiny Sam (I'm back) said...

What about a mechitza that falls? Can it be stood up?