Hotzaah: Difference between revisions
From Halachipedia
→Swaying in the Wind
| Line 148: | Line 148: | ||
#If the side posts would sway in the wind the tzurat hapetach is invalid.<Ref>Magen Avraham 362:18, Mishna Brurah 362:20, Netivot Shabbat 19:14</ref> | #If the side posts would sway in the wind the tzurat hapetach is invalid.<Ref>Magen Avraham 362:18, Mishna Brurah 362:20, Netivot Shabbat 19:14</ref> | ||
#Many poskim hold that the wire on top is acceptable even if it sways in the wind as long as it doesn't fall off the top of the side posts.<ref>Machasit Hashekel 362:18 writes that the wire on top can sway in the wind and although is part of a wall, doesn't have all the stringencies of a wall which cannot sway in the wind at all. Mishna Brurah and Aruch Hashulchan agree. Pri Megadim E"A 362:18 argues that every mechitza must be strong enough not to fall down in the wind but it doesn't matter if it would sway in the wind. For the wire on top he writes that it is kosher if it sways as well as it doesn't fall off the side posts. Chazon Ish agrees. However, unlike the above poskim, Mishna Brurah cites Mishkenot Yakov who holds that the wire is completely invalid if it sways in the wind at all. Kaf Hachaim 362:97 cites Mishkenot Yakov, but in 362:112 he seems to accept Machasit Hashekel.</ref> | #Many poskim hold that the wire on top is acceptable even if it sways in the wind as long as it doesn't fall off the top of the side posts.<ref>Machasit Hashekel 362:18 writes that the wire on top can sway in the wind and although is part of a wall, doesn't have all the stringencies of a wall which cannot sway in the wind at all. Mishna Brurah and Aruch Hashulchan agree. Pri Megadim E"A 362:18 argues that every mechitza must be strong enough not to fall down in the wind but it doesn't matter if it would sway in the wind. For the wire on top he writes that it is kosher if it sways as well as it doesn't fall off the side posts. Chazon Ish agrees. However, unlike the above poskim, Mishna Brurah cites Mishkenot Yakov who holds that the wire is completely invalid if it sways in the wind at all. Kaf Hachaim 362:97 cites Mishkenot Yakov, but in 362:112 he seems to accept Machasit Hashekel.</ref> | ||
#If the wire on top of the tzurat hapetach sways in the wind to the sides beyond the two side poles many poskim hold that it is invalid.<ref>Mishkenot Yakov 123 writes that the wire sways to the side beyond the two poles, it is invalid because the lintel on top is not functioning as a lintel on top of where it should be a wall. Also, he writes that it is a kal vchomer from min hasad that it is pasul.</ref> | #If the wire on top of the tzurat hapetach sways in the wind to the sides beyond the two side poles many poskim hold that it is invalid.<ref>Mishkenot Yakov 123 writes that the wire sways to the side beyond the two poles, it is invalid because the lintel on top is not functioning as a lintel on top of where it should be a wall. Also, he writes that it is a kal vchomer from min hasad that it is pasul. Chazon Ish 71:7 writes that if the wire sways to the side beyond the width of the posts, it is invalid. In Chazon ish 71:8, he rejects his proof for that point but doesn’t reject his main point. In 71:10, he reiterates his stringent view. Shoneh Halachot 362:59 quotes Chazon Ish as being machmir in the case where the wire extends to the sides of the poles. Netivot Shabbat 19:42 agrees that it is invalid. Binat Simcha (cited by Bikurei Elazar p. 498) quotes the Griz who was strict to make very wide side posts so that the wire doesn't sway beyond them. Bikrei Elazar p. 499 quotes the Shaarei Tzion 3, Maharam Brisk 68, Imrei Yosher 2:133, and Har Tzvi as being lenient on a wire that sways beyond the side posts.</ref> | ||
===Skipping Poles=== | ===Skipping Poles=== | ||
