Using tree swings on Shabbos
Rabbi Yonason Johnson
On Lempriere Ave right next to the park there is a swing hanging from a tree. Are my kids allowed to swing on it on Shabbos?
On Shabbos one is not allowed to climb trees[1]. This is a Rabbinic restriction to prevent violation of the Biblical Melacha of Kotzer by breaking off part of the tree – fruit, bark, twigs, leaves etc[2]. Whilst the Gemara indicates that the prohibition does not apply to dead trees during the dry season[3], the Halocha follows the interpretation of Rif and Rambam who do not distinguish and prohibit climbing all trees irrespective of the season[4].
In addition, Chaza”l also prohibit using tree on Shabbos – משתמש באילן. This includes placing things on a tree e.g. draping a coat over a tree branch, removing something from on a tree (even if it was there before Shabbos), tying an animal to a tree etc[5]. One may not remove a ball or other object that became lodged in a tree[6].
One may however touch a tree provided that it does not move as a result[7]. Moving the tree by touching it would be a violation of Muktzah.
Whether one may lean on a tree on Shabbos or not is disputed by the Poskim. Magen Avraham[8] cryptically writes that leaning on a tree – “healthy is permitted, weak is forbidden”. The Alter Rebbe[9] understands the distinction as referring to the tree. If the tree is sturdy so that will not move as a result, one may lean on it. One may not lean on a weak tree which will move as a result.
In contrast, Mishna Berura[10] understands the distinction between weak and healthy as referring to the person leaning. A healthy person may lean on a (sturdy[11]) tree because he does not lean his full weight on the tree[12]. Therefore it is not considered “using” the tree. A weak person leans their weight on the tree and is therefore considered “use” and is forbidden[13].
All of the cases above involve direct use of the tree.
Chaza”l also forbade using things that are attached to or touching a tree (צדדי אילן – literally sides of the tree)[14]. For example, if the tree has a hook attached to it, one may not use the hook on Shabbos. Another example would be climbing a ladder which was resting up against a tree from before Shabbos. Moving the ladder from the tree on Shabbos would also be forbidden[15]. A children’s tree house is also considered צדדי אילן and forbidden. One may not hang or remove clothing from a clothesline that is attached to a tree.
Whilst using צדדי אילן is forbidden, using צדי צדדי אילן (lit. sides of sides of the tree) is permitted. Because צדי צדדי אילן is one step further removed from using the tree itself, it was not included in the Gezeira.
An example of this would be hanging a jacket on a coat hanger which is hanging on a peg or hook that is attached to the tree. Another example brought in the Poskim is placing things in, or removing things from a basket that is hanging on a hook that is attached to the tree. One may likewise wipe their hands on a towel which was hanging on a hook or hanging on a clothesline which is tied to a tree.
Whilst one may use the basket or towel which is hanging on a peg, one may not remove the basket or towel[16] as this is considered using the צדדי אילן – the hook itself. Even when using theצדי צדדי אילן, if doing so will cause the tree to move as a result, it remains forbidden[17].
How do the above principle relate to swings?
In a swing or hammock, the seat of the swing or the hammock fabric, is attached to the rope. This rope is tied to or around the tree. Even though it would seem like the rope would be defined as צדדי אילן, making the swing seat or hammock fabric צדי צדדי אילן, this is not the case, and use of the swing remains forbidden.
This is because the entire swing (the seat together with the rope/chain) and the entire hammock (fabric and rope) are considered as one unit. Therefore the entire swing is considered as צדדי אילן and may not be used on Shabbos[18].
Poskim bring proof for this from the case of a ladder that is leaning against a tree. Even though only part of the ladder is resting against the tree, the entire ladder may not be used on Shabbos as it is treated as one unit.
Proof is also brought from a similar Halocha about use of animals on Shabbos. Like trees, one may not use anything attached to an animal either. One may not go into a wagon that is attached to an animal[19]. This applies to the entire wagon even though only the poles of the wagon touch the animal. Even the platform attached to the back of the wagon cannot be used since the wagon and everything attached to it is treated as one[20].
Placing a towel over the seat does not change the status as the towel is subservient (טפל) to the swing[21].
Use of these swings remains forbidden even if only one of the rope ends is attached to a tree and the other attached to another structure.
A swing that was hung from a pole or beam that is independently attached to the tree may be used as this is considered צדי צדדי אילן. The same would apply to a ladder which is leaned against a piece of timber that it attached to the tree.
Where separate eye-bolts or hooks were first attached to the tree and the swing was subsequently tied or hooked to them, the swing can be considered צדי צדדי אילן and may be used on Shabbos[22].
Even in the cases where the swing is permitted to be used, this is only true if the tree branch does not move as a result. If the branch would move, it is forbidden to use such a swing[23].
Since the ropes on the Lempriere Ave swing are roped directly over the tree branch, it should not be used on Shabbos.
________________________
[1] Beitza 36b. Shulchan Aruch 336:1
[2] Shulchan Aruch Harav 336:1.
[3] Eiruvin 100b – the rational is that detaching from dead trees does not entail a Biblical prohibition. Even then it is only permissible in the dry season. In winter, when all trees lose their leaves it is difficult to distinguish between dead and living trees. The Rosh follows this opinion (ibid 10:11).
[4] See Beis Yosef 336. Shulchan Aruch ibid
[5] Shulchan Aruch Harav 336:1. Mishna Berura 336:3
[6] Nishmas Shabbos 336 Siman 159. Poskim are lenient where the article is dislodged not using one’s hand (or an object e.g. pole in one’s hands). For example one could throw up another object to try and dislodge it (Be’er Moshe).
[7] Shulchan Aruch Harav 336:22
[8] 336:15 quoting Yam Shel Shlomo
[9] 336:21. This is also the Psak of Chayei Adam 12:6 and Aruch Hashulchan and Harav Shlomo Zalman Auerbach (Shulchan Shlomo)
[10] 336:63. Following the interpretation of Machatzis Hashekel
[11] Even the Mishna Berura requires that the tree not move as a result of leaning
[12] See Ketzos Hashulchan 142:10. The measure of the type of leaning which is permissible is whether one would fall if the tree was removed or not.
[13] Kaf Hachaim 336:90 recommends adopting the stringencies of both opinions
[14] Shabbos 155a
[15] Ra”n 67a
[16] Shulchan Aruch Harav 336:20
[17] Shulchan Aruch Harav 336:20 based on Shabbos 155a
[18] Shemiras Shabbos Kehilchasa 26:16. Nishmas Shabbos 336 Siman 163
[19] Ram”o OC 305
[20] Shulchan Aruch Harav 305:23, Mishna Berura 305:67
[21] Shemiras Shabbos Kehilchasa ibid in footnote
[22] If the connection is a firm and permanent connection, some Poskim maintain that this too becomes like one unit and would render the swing forbidden from use. According to this view, it makes no difference that the hooks were separate pieces.
[23] See Magen Avraham 336:15 and Mishna Berura. The Alter Rebbe explains that this would then be considered use of the tree itself.
Rabbi Yonason Johnson
On Lempriere Ave right next to the park there is a swing hanging from a tree. Are my kids allowed to swing on it on Shabbos?
On Shabbos one is not allowed to climb trees[1]. This is a Rabbinic restriction to prevent violation of the Biblical Melacha of Kotzer by breaking off part of the tree – fruit, bark, twigs, leaves etc[2]. Whilst the Gemara indicates that the prohibition does not apply to dead trees during the dry season[3], the Halocha follows the interpretation of Rif and Rambam who do not distinguish and prohibit climbing all trees irrespective of the season[4].
In addition, Chaza”l also prohibit using tree on Shabbos – משתמש באילן. This includes placing things on a tree e.g. draping a coat over a tree branch, removing something from on a tree (even if it was there before Shabbos), tying an animal to a tree etc[5]. One may not remove a ball or other object that became lodged in a tree[6].
One may however touch a tree provided that it does not move as a result[7]. Moving the tree by touching it would be a violation of Muktzah.
Whether one may lean on a tree on Shabbos or not is disputed by the Poskim. Magen Avraham[8] cryptically writes that leaning on a tree – “healthy is permitted, weak is forbidden”. The Alter Rebbe[9] understands the distinction as referring to the tree. If the tree is sturdy so that will not move as a result, one may lean on it. One may not lean on a weak tree which will move as a result.
In contrast, Mishna Berura[10] understands the distinction between weak and healthy as referring to the person leaning. A healthy person may lean on a (sturdy[11]) tree because he does not lean his full weight on the tree[12]. Therefore it is not considered “using” the tree. A weak person leans their weight on the tree and is therefore considered “use” and is forbidden[13].
All of the cases above involve direct use of the tree.
Chaza”l also forbade using things that are attached to or touching a tree (צדדי אילן – literally sides of the tree)[14]. For example, if the tree has a hook attached to it, one may not use the hook on Shabbos. Another example would be climbing a ladder which was resting up against a tree from before Shabbos. Moving the ladder from the tree on Shabbos would also be forbidden[15]. A children’s tree house is also considered צדדי אילן and forbidden. One may not hang or remove clothing from a clothesline that is attached to a tree.
Whilst using צדדי אילן is forbidden, using צדי צדדי אילן (lit. sides of sides of the tree) is permitted. Because צדי צדדי אילן is one step further removed from using the tree itself, it was not included in the Gezeira.
An example of this would be hanging a jacket on a coat hanger which is hanging on a peg or hook that is attached to the tree. Another example brought in the Poskim is placing things in, or removing things from a basket that is hanging on a hook that is attached to the tree. One may likewise wipe their hands on a towel which was hanging on a hook or hanging on a clothesline which is tied to a tree.
Whilst one may use the basket or towel which is hanging on a peg, one may not remove the basket or towel[16] as this is considered using the צדדי אילן – the hook itself. Even when using theצדי צדדי אילן, if doing so will cause the tree to move as a result, it remains forbidden[17].
How do the above principle relate to swings?
In a swing or hammock, the seat of the swing or the hammock fabric, is attached to the rope. This rope is tied to or around the tree. Even though it would seem like the rope would be defined as צדדי אילן, making the swing seat or hammock fabric צדי צדדי אילן, this is not the case, and use of the swing remains forbidden.
This is because the entire swing (the seat together with the rope/chain) and the entire hammock (fabric and rope) are considered as one unit. Therefore the entire swing is considered as צדדי אילן and may not be used on Shabbos[18].
Poskim bring proof for this from the case of a ladder that is leaning against a tree. Even though only part of the ladder is resting against the tree, the entire ladder may not be used on Shabbos as it is treated as one unit.
Proof is also brought from a similar Halocha about use of animals on Shabbos. Like trees, one may not use anything attached to an animal either. One may not go into a wagon that is attached to an animal[19]. This applies to the entire wagon even though only the poles of the wagon touch the animal. Even the platform attached to the back of the wagon cannot be used since the wagon and everything attached to it is treated as one[20].
Placing a towel over the seat does not change the status as the towel is subservient (טפל) to the swing[21].
Use of these swings remains forbidden even if only one of the rope ends is attached to a tree and the other attached to another structure.
A swing that was hung from a pole or beam that is independently attached to the tree may be used as this is considered צדי צדדי אילן. The same would apply to a ladder which is leaned against a piece of timber that it attached to the tree.
Where separate eye-bolts or hooks were first attached to the tree and the swing was subsequently tied or hooked to them, the swing can be considered צדי צדדי אילן and may be used on Shabbos[22].
Even in the cases where the swing is permitted to be used, this is only true if the tree branch does not move as a result. If the branch would move, it is forbidden to use such a swing[23].
Since the ropes on the Lempriere Ave swing are roped directly over the tree branch, it should not be used on Shabbos.
________________________
[1] Beitza 36b. Shulchan Aruch 336:1
[2] Shulchan Aruch Harav 336:1.
[3] Eiruvin 100b – the rational is that detaching from dead trees does not entail a Biblical prohibition. Even then it is only permissible in the dry season. In winter, when all trees lose their leaves it is difficult to distinguish between dead and living trees. The Rosh follows this opinion (ibid 10:11).
[4] See Beis Yosef 336. Shulchan Aruch ibid
[5] Shulchan Aruch Harav 336:1. Mishna Berura 336:3
[6] Nishmas Shabbos 336 Siman 159. Poskim are lenient where the article is dislodged not using one’s hand (or an object e.g. pole in one’s hands). For example one could throw up another object to try and dislodge it (Be’er Moshe).
[7] Shulchan Aruch Harav 336:22
[8] 336:15 quoting Yam Shel Shlomo
[9] 336:21. This is also the Psak of Chayei Adam 12:6 and Aruch Hashulchan and Harav Shlomo Zalman Auerbach (Shulchan Shlomo)
[10] 336:63. Following the interpretation of Machatzis Hashekel
[11] Even the Mishna Berura requires that the tree not move as a result of leaning
[12] See Ketzos Hashulchan 142:10. The measure of the type of leaning which is permissible is whether one would fall if the tree was removed or not.
[13] Kaf Hachaim 336:90 recommends adopting the stringencies of both opinions
[14] Shabbos 155a
[15] Ra”n 67a
[16] Shulchan Aruch Harav 336:20
[17] Shulchan Aruch Harav 336:20 based on Shabbos 155a
[18] Shemiras Shabbos Kehilchasa 26:16. Nishmas Shabbos 336 Siman 163
[19] Ram”o OC 305
[20] Shulchan Aruch Harav 305:23, Mishna Berura 305:67
[21] Shemiras Shabbos Kehilchasa ibid in footnote
[22] If the connection is a firm and permanent connection, some Poskim maintain that this too becomes like one unit and would render the swing forbidden from use. According to this view, it makes no difference that the hooks were separate pieces.
[23] See Magen Avraham 336:15 and Mishna Berura. The Alter Rebbe explains that this would then be considered use of the tree itself.
