כִּי הָאָדָם עֵץ הַשָּׂדֶה:
Are trees of the field human? (Devarim 20:19).
This question is taken from a WhatsApp group in which Rabbi Linzer responds to halakhic questions from rabbis and community members.
QUESTION—New York, NY
Is one permitted to use a tree house on Shabbat in the following situations?
- The tree house is built around the tree and is constructed using columns or other support from the ground, and neither the treehouse nor the ladder is supported in anyway by the tree. Would this be marit ayin, bad optics, to use on Shabbat?
- The tree house is supported by the tree, but is constructed in such a way that there is an intermediary between the tree and the part of the tree house that you use. For example, you might place boards on the branches of the tree and then other boards on top of them to constitute the floor, or put tires directly on the branches and boards on top of them. Could we consider this tzideit zedadim ha’ilan, the “sides of the sides of the tree,” which are permitted on Shabbat (Shulchan Arukh OC 336:13)?
ANSWER
I think the first case is totally fine. Not sure what marit ayin there would be, and regarding marit ayin it is always important to remember two points:
- According to some poskim—see, for example, Peri Chadash 7 on YD 87:3—there is no basis to freely apply marit ayin to cases not in the Gemara,
- According to Rav Moshe—marit ayin is when there is a misinterpretation of facts, not when there is a misunderstanding or ignorance of Halakha. In the latter case, the solution is Halakha education, not buying into ignorance—Iggrot Moshe (OC 1:96), regarding a man driving to shul after his wife has lit candles.
Regarding the “sides of the sides”: yes, your scenario should be fine. Certainly no worse than having a ladder leaning against a peg coming out of the tree which is mutar, as Shulchan Arukh states, there (Shulchan Arukh OC 336:13).
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